10/16/2002 Agreement
. ,
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 Historic Seaport at Key West Bight. (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;
NOW THEREFORE; in consideration of the mutual promises contained herein, the
parties agree as follows:
1. County shall pay a sum not to exceed $15,000 (Fifteen Thousand Dollar) for
promotion and related expenditures effective October 1, 2002, as described in the event
budget, attached hereto as Exhibit A, for production of Pirates in Paradise Festival 2002 on
November 28, 2002 to December 8, 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 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, 2003. 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, 2003 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
30,2003.
Cultural Umbrella Funding FY 2003
Pirates In Paradise
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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/shelit 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,
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",
Cultural Umbrella Funding FY 2003
Pirates In Paradise
2
. 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 WITNESS WHEREOF, each party has caused thi$ p.greement to be executed by its
duly~rj~ed representative, the ILtt. day of ~ .2002.
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Mayor/Chairman
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(CORPORATE SEAL)
Attest:
Secretary
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Witness
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Cultural Umbrella Funding FY 2003
Pirates In Paradise
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EXHIBIT A
SUMMARY
TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
APPROVED
BUDGET BREAKDOWN
FISCAL YEAR 2002/2003
EVENT NAME:
PIRATES IN PARADISE FESTIVAL
DIRECT MAIL & POSTAGE $
BROCHURES, POSTERS, PROGRAMS $ 7,000
PUBLIC RELATIONS $ 800
PHOTO PROGRAM $ 1,000
MEDIA ADVERTISING $ 4,500
T-SHIRTS, CAPS, JACKETS $ 1,000
*GENERAL-NON-ALLOCATED $ 700
TOTAL: $ 15,000
* GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE AMOUNT AWARDED
BY THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL FOR THIS SPECIFIC EVE
EXHIBIT "B"
J-,,"ates in Paradise Festival 2002 Schedule of Events
Celebrating Key West's Rich & Colorful Maritbne History
Thursdav. November 28. 2002
2 - 8 p,m. "Thankstaken" Thanksgiving Buffet (location tba)
Friday, November 29, 2002
Noon _ 4 p.m. EI Meson's de Pepe's Pirates' Party & Encampment at Mallory Square
1:30 _ 3 :30 p.m. Pirate Sails aboard Schooner WOLF and other Key West ships
5 _ 7 p.m, Pirate Sunset Cruises aboard Schooner WOLF, PT Boat 728 and other Key West ships
7 _ 11 p.m. Pirate Party at Crabby Bill's (not confirmed)
Saturdav. November 30. 2002
10 _ 2 p.m, Piratical Escapades with Capt. Holly & Black Powder Demos at Mel Fisher Museum
1:30 - 3 :30 p.m, Pirate Sails aboard Schooner WOLF and other Key West ships
5 _ 7 p.m. Pirate Sunset Cruises aboard Schooner WOLF, PT Boat 728 and other Key West ships
7 - 11 p,m. Pirate Poetry Slam ...location TBA
Sundav. December 1, 2002
8 a.m. _ 5 p,m, Dry Tortugas Ferry to Fort Jefferson with Historians aboard Sunny Days Fast Cat
10 a,m. - 2 p.m. Holiday Inn Beachside's Buccaneer Brunch
5 - 9 p.m, Radisson Hotel's Splash Swashbuckler Film Fest
7 _ 11 p.m. Atlantic Shores Resort's One-Eyed Pirates' Tea Dance (not confirmed...may move to Wed. 12/4)
Mondav. December 2. 2002
8 a.m. _ 5 p.m. Dry Tortugas Ferry to Fort Jefferson wI Historians aboard Yankee Freedom II (not confirmed)
9:30 _ 11:30 a.m. Artists' Retreat with David Harrison Wright & Don Maitz @ Banana Bay Resort
Tuesdav. December 3,2002
9:30 _ 11:30 a.m. Artists' Retreat with David Harrison Wright @ Banana Bay Resort
6 _ 11 p.m. Yacht Club's Brethren of the Coast Pirates' Cotillion *ticketed event - price tba
Wednesdav. December 4, 2002
9:30 - 11 :30 a.m, Artists' Retreat with David Harrison Wright @ Banana Bay Resort
1:30 - 3:30 p.m. Authors', Historians' & Artists' Sail aboard Schooner WOLF
7 _ 9 p.m, Historic Glimpses Public Lectures at Mel Fisher Maritime Heritage Museum
7 _ 11 p.m, Atlantic Shores Resort's One-Eyed Pirates' Tea Dance (not confirmed.,.may move to Sun. 12/1)
Thursdav. December 5, 2002
9:30 - 11:30 a.m. Artists' Retreat with David Harrison Wright @BananaBayResort
1 _ 3 p.m, Historic Glimpses Public Lecture (Maritime Art) at Mel Fisher or Custom House
4 _ 5 p,m. Re-enactment of the Pyrate Tryal of Anne Bonny & Mary Read at Old City Hall
5 _ 7 p.m, Literature & the Sea Reception at Mel Fisher Museum & Custom House Museum
Friday, December 6. 2002
Noon - 5 p.m, Historic Seaport's Pirate Fest & Lazy Way Village Market
*Living History Pirate Encampments, NQG's Education Tent, Period Arts & Crafts, Storytellers, Kid's Pirate School, Fight Circles
4:30 _ 6:30 p,m, Tall Ship Sea Battle aboard schooners WOLF, WOLF II, Western Union, Liberty and Island Belle
5 _ 7 p,m. Tall Ship Sea Battle Spectator Cruises aboard PT Boat 728, Sunny Day's Caribbean Spirit, and other ships
5 - 8 p,m, Pillage & Plunder Parties at Historic Seaport Taverns
8 - 11 p,m, Grace O'Malley's Victory Party at Finnegan's Wake
Saturdav. December 7.2002
Noon - 5 p.m, Historic Seaport's Pirate Fest & Lazy Way Village Market
*Living History Pirate Encampments, NQG's Education Tent, Period Arts & Crafts, Storytellers, Kid's Pirate School, Fight Circles
1 - 4 p,m, Schooner Wharf Bar's Jolly Roger Dinghy Race (not confirmed)
1:30 - 3:30 p.m, Pirate Sails aboard Schooner WOLF and other Key West ships
2 - 5 p,m, Pirate Pub Stroll along Historic Seaport's Harborwalk & Old Town
5 _ 7 p,m, Pirate Sunset Cruises aboard Schooner WOLF, WOLF II, PT Boat 728 and other ships
7 - 9 p.m. City of Key West Lighted Holiday Parade
7 - 11 p,m, Pirate Party at Crabby Bill's (not confirmed, ..may be moved to Friday, November 30)
Sundav, December 8,2002
10 a.m, - 2 p,m. Holiday Inn Beachside's Buccaneer Brunch
Noon - 5 p,m, Historic Seaport's Pirate Fest & Lazy Way Village Market
*Living History Pirate Encampments, NQG's Education Tent, Period Arts & Crafts, Storytellers, Kid's Pirate School, Fight Circles
Pirate Sails aboard Schooner WOLF and other Key West ships
Pirate Pub Stroll along Historic Seaport's Harborwalk & Old Town
Pirate Sunset Cruises aboard Western Union, WOLF II, PT Boat 728 & other ships
Conch Republic Navy's Scurvy Crew Shipwreck Cast Ball (location not confirmed)
Pirates in Paradise Festival- 201 William Street - Key West, Florida 33040
Phone: 305-296-9694 - Fax: 305-294-8388 - Online: piratesinparadise.com - E-mail: info@piratesinparadise.com
1:30 - 3:30 p,m.
2 - 5 p,m.
5 - 7 p.m.
7 - 11 p,m.
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MCTG-3125 New Logo Slick L01