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 Key West Literary Seminar, Inc. (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 $20,000 (Twenty Thousand Dollars) for
promotion and related expenditures, as described in the event budget, attached hereto as
Exhibit A, for production of the Twentieth Annual Key West Literary Seminar: Spirit Of Place
on January 10-20, 2002 and the 21st Annual Key West Literary Seminar: Poetry * 2003: The
Beautiful Changes on January 9-16, 2003. 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 B, 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
Key West Literary Seminar
Cultural Umbrella Funding FY 2002
1
30, 2002, except that for events with promotional expenditures incurred between July 1 and
January 16, 2003, 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,
Key West Literary Seminar
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. LOQo: 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 WITNES,S W,. HE, RE.. OF, each p~ has caused this A~ement to be executed by its
duly authorized re~ive, the / day of O?; ,2001.
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Attest: DannyLKolhage,pl~rki
. , Board of County Commissioners
~ 82- :?onrk1;s-d
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~(LW-Q, ffiu>J~
Deputy Clerk'
Mayor/Chairman
(CORPORATE SEAL)
Key West Literary Seminar, Inc.
Attest:
By.
Secretary
By
/)w/ j~
President -
OR
Witness
Key West Literary Seminar
Cultural Umbrella Funding FY 2002
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MCTG-9864 Logo Slick L01
EXHIBIT A
TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
APPROVED
BUDGET BREAKDOWN
FISCAL YEAR 2001/2002
EVENT NAME:
20TH Annual Key West Literary Seminar, SPIRIT OF PLACE, Jan. 2002
21 ST Annual Key West Literary Seminar, Poetry * 2003: The Beautiful Changes, Jan. 2003
DIRECT MAIL & POSTAGE
$
1,000
BROCHURES, POSTERS, PROGRAMS
$
3,500
PUBLIC RELATIONS
PHOTO PROGRAM
MEDIA ADVERTISING
$ 12,500
T-SHIRTS, CAPS, JACKETS
*GENERAL-NON-ALLOCATED
$ 3,000
TOTAL:
$ 20,000
*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: 19th Annual Key West Literary Seminar, SCIENCE &
LITERATURE: Narratives of Discovery
Please list all scheduled activities in date and time order:
Writers' Workshops:
January 13-17, 2002
20th Annual Key West Literary Seminar,
SPIRIT OF PLACE: American Literary Landscapes January 10 -13,2002
SPIRIT OF PLACE (second session) January 17 - 20, 2002
21st Annual Key West Literary Seminar
Poetry * 2003: The Beautiful Changes
Writers' Workshops
January 9 - 12, 2003
January 13-16, 2003