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FY2002 10/18/2001 FUNDING AGREEMENT THIS AGREEMENT is made and entered into by and between the Board of County Commissioners of Monroe County, Florida, (hereinafter referred to as the "County") and Lower Keys Chamber of Commerce. (Hereinafter referred to as "Event Sponsor"); WHEREAS, the umbrella organization under contract to the County has recommended to the Monroe County Tourist Development Council (hereinafter "TDC"), which has endorsed the recommendation, that certain monies be allocated for promotion of an event; .---. THEREFORE; in consideration of the mutual promises contained herein, the parties agree as follows: 1. County shall pay a sum not to exceed $7,000 (Seven Thousand Dollars) for promotion and related expendituresh as described in the event budget, attached hereto as Exhibit A, for production of the 1St Annual Underwater Music Festival on July 13, 2002. Payment will be made only after Event Sponsor submits invoices and support documentation acceptable to the County's Finance Department. The advertising and promotion budget for County funding may be altered as to the individual line items, or components, within 10% of the amount stated for that item or component, without increasing the total dollar amount and without requiring a written amendment to this agreement. The general non-allocated section of an Umbrella event budget may be utilized for unforeseen permissible expenditures and for those budget lines that may require additional funds. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the County. 2. Event Sponsor shall provide promotion and related services as described in the Sponsor's application for funding, Exhibit 8, attached hereto. All advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the TDC and County. The agencies of record, shall receive payment of work in progress upon submission of documented invoices associated with said event. Event sponsor fully understands that funding is obtained from tourist development taxes for which the fiscal year ends September 30, 2002. Event sponsor also understands that the funding process through which this contract was made available by County requires event sponsors to submit their payment requests as quickly as possible and to finalize all such requests before the end of the fiscal year, if at all possible. In order for the tourist development taxes to be utilized most effectively for the purpose for which they were authorized, attracting and promoting tourism, the budgeting process of the County requires the event's funding to be concluded in a timely manner. In recognition that the timeliness of payment requests is of extreme importance to the funding of future advertising and promotion for the stability of the tourist-based economy, Event Sponsor agrees to submit by September 30, 2002, all invoices and support documentation as required by the County's Finance Department rules and policies. Event Sponsor shall not be reimbursed nor will Event Sponsor's vendors be paid directly for any invoices received by the County after September 30, 2002, except that for events with promotional expenditures incurred between July 1 and 1 Efh Annual Under Water Music Festival Cultural Umbrella Funding FY 2002 t September 30, 2002, invoices must be submitted within ninety (90) days of the conclusion of the event. 3. Event Sponsor shall reimburse County for any amount of funds expended by County in connection with an event which does not occur as a result of any act or omission by Event Sponsor. 4. Event Sponsor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the services provided, event sponsored, or other activities and funding associated with this agreement. Should event involve the serving or distribution of alcoholic beverages, Event Sponsor shall obtain prior to the event a Liquor Liability insurance policy naming Monroe County as a co-insured. 5. Event Sponsor shall maintain records pursuant to generally accepted accounting principles for three (3) years after the event and shall permit County and its agents and employees access to said records at reasonable times. 6. County may terminate this agreement without cause upon providing written notice to Event Sponsor no less than sixty (60) days prior to the event and may terminate for breach upon providing to Event Sponsor notice at least seven (7) days prior to the effective date of the termination. 7. Event sponsor is an independent contractor and shall disclose any potential conflicts of interest as defined by Florida Statutes, Chapter 112 and Monroe County Code, Article XXI. 8. Event Sponsor warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 or Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the County may, at its discretion terminate this contract without liability and may also, at its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. 9. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, 1 ffh Annual Under Water Music Festival Cultural Umbrella Funding FY 2002 2 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 10. Loao: All promotional literature and advertising must display the "The Florida Keys & Key West, Monroe County Tourist Development Council, Come as You Are", logo/trade mark adopted by the TDC and County on November, 2000 (as per attached). No reimbursement or direct payment will be considered unless this logo/trade mark is utilized. IN. '!:L..JTN.., J;pS w.. HEREOF, each pr has caused this ~eement to be executed by its duly a,.-e~~~~ntative, the I day of 0(// . 2001. ~)'///\ ")..),I:/\,,~,~,/ . /1...../ I., \b\\;' .." I.', 'l:c:,~j; \\;~ <..,,},!,;! 10 ,. ~l~' \ ,",.,' ...~., ;. I _!I~t~~. ~,;;\ \.;~~j\,<~~;fl .:::i (S , .... //r. '''''1.0';,.... Atte :, . ,e~~~ ''ft".Jh~ge, Clerk K'-',. ,.>~~, r:::-<_' I'~~~: \~ "-'.::.~-'--^ - j> // ~"" ,~~~:;,;;:;~,-,-~,~~,.~~~,;~~~j/~ Board of County Commissioners of Monroe County k'i),e yt.-~ ~~c. ~~~ Deputy Clerk Mayor/Chairman (CORPORATE SEAL) By. 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'/IIu aT&,(t) TH[ [lORIDA K[YS & K[Y W[ST MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CfJJYr& a'i? '/IIu aT&,(t) TH[ [lORIDA K[YS & K[Y W[ST MONROE COUNTYTOURIST DEVELOPMENT COUNCIL CfJJYre a'i? '/IIu aT&,(t) TH[ [lORIDA K[YS & K[Y W[ST MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CfJJYre a'i? YfJU aT&,(t) MCTG-9864 Logo Slick L01 EXHIBIT A TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA APPROVED BUDGET BREAKDOWN FISCAL YEAR 2001/2002 EVENT NAME: 18th ANNUAL UNDERWATER MUSIC FESTIVAL DIRECT MAIL & POSTAGE BROCHURES, POSTERS, PROGRAMS $ 100 PUBLIC RELATIONS $ 3,500 PRESS BOAT $ 1,000 MEDIA ADVERTISING $ 2,400 T-SHIRTS, CAPS, JACKETS *GENERAL - NON-ALLOCATED TOTAL: $ 7,000 *GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE AMOUNT A WARDED BY THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL FOR THIS SPECIFIC EVENT. EXHIBIT B MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA SCHEDULE OF EVENTS FISCAL YEAR 2000/2001 NAME OF EVENT: 18th Annual Underwater Music Festival Please list all scheduled activities in date and time order: The event begins at 10:00 a.m. and ends at 4:00 p.m. on Saturday, July 13, 2002. Music and reef awareness messages are played throughout the event. The event is carried on WWUS-1 Radio 104.1 FM.