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10/18/2001 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; THEREFORE; in consideration of the mutual promises contained herein, the parties agree as follows: 1. County shall pay a sum not to exceed $23,500 (Twenty Three Thousand and Five Hundred Dollars) for promotion and related expenditures effective October 1, 2001, as described in the event budget, attached hereto as Exhibit A, for production of the Pirates In Paradise Festival 2001 on November 24, 2001 through December 2, 2001. 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 30, 2002. Pirates In Paradise Cultural Umbrella Funding FY 2002 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, of 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Pirates In Paradise Cultural Umbrella Funding FY 2002 2 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. 1~-rtJESS WHE~EOF, each paJ:!YJ.~s caused t~ Agreement to be executed by its dUIY-o~~ . ~~pr.esentatlve, the 1 r ~ day of U c;r- . 2001. ~~ c=:~ '-i3-;) ~~ o 1S ;;;".~ ,l\~ -< (~D Board of County Commissioners \i'r _ _f.)_.)rage, Clerk of Monroe County -90~~~ ~(f-,e Deputy Clerk Mayor/Chairman (CORPORATE SEAL) Historic Seaport at Key West Bight Secretary Attest: By. By fb rf 7/! rf efO Y OR Witness Pirates In Paradise Cultural Umbrella Funding FY 2002 3 T"[ nORIDA KHS & KH W[ST 'MONRO[ COUNTYTOURIST OmlOPM[NT COUNCil CIJfrlf3 at? '1IJU alt3.@ T"[ nOR IDA KHS & KH W[ST MONRO[ COUNTYTOURIST OmlOPM[NT COUNCil CIJfrlf3 at? 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Ytlu aTe,@ MCTG-9864 Logo Slick L01 TOURIST DEVELOPMENT COUNCIL CUL TURAL UMBRELLA APPROVED BUDGET BREAKDOWN FISCAL YEAR 2002 EVENT NAME: PIRATES IN PARADISE FESTIVAL 2001 DIRECT MAIL & POSTAGE $ 500 BROCHURES, POSTERS, PROGRAMS $10,000 PUBLIC RELATIONS $ 1,000 PHOTO PROGRAM $ 3,500 , MEDIA ADVERTISING $ 6,500 T-SHIRTS, CAPS, JACKETS $ 1,000 *GENERAL-NON-ALLOCATED $ 1,000 TOTAL: $23,500 EXHIBIT A EXHIBIT B Pirates in Paradise Festival 2001 Celebrating the Rich & Colorful Maritime HIstory of Key West and the Florida Keys schedule of events (5/28/01) THURSDAY, NOVEMBER 22, 2001 Poolside Thankstaken Party at Sheraton Suites Key West*ticketed event (not confirmed) FRIDA Y, NOVEMBER 23,2001 Walk the Plank Pirates Party at Grand Key Resort*ticketed event (not confirmed) SATURDAY, NOVEMBER 24, 2001 12:30 - 3:30 p.m. The Swashbuckler's Scavenger Treasure Hunt*ticketed event departs from La Concha Crown Plaza 1 - 4 p.m. Black-powder Shoot & Sail aboard Topsail Schooner WOLF with Captain Finbar*ticketed event Afternoon History Sails & Attacks Attack on Fort Zachary Taylor aboard Key West Tall ships*ticketed event 5 - 8 Pirates Pub Stroll*ticketed event SUNDAY, NOVEMBER 25,2001 Afternoon History Sails & Attacks on Fort Zachary Taylor aboard Key West Tall Ships*ticketed event Swashbuckler Film Fest at Radisson Hotel Key West's pools ide Splash Bar*ticketed event (not confirmed) MONDAY, NOVEMBER 26, 2001 9 - Noon Maritime Artist Retreat with David Harrison Wright at Banana Bay Resort*ticketed event 12:30 p.m. Maritime Artist Retreat Luncheon at Key West Yacht Club*ticketed event 6 - 10 p.m. Wreckers, Sailors & Pirates of the Florida Straits-an evening of dramatic readings at Waterfront Playhouse (reception to follow at Shipwreck Historeum)*ticketed event (locations not confirmed) TUESDAY, NOVEMBER 27, 2001 9 - Noon Maritime Artist Retreat with David Harrison Wright at Banana Bay Resort*ticketed event 1 - 2:30 Literature and the Sea Authors and Historians Luncheon*ticketed event (location tba) *join Dr. David Cordingly, Randy Wayne White, James Kaserman, Sandra Riley & Rosalind Brackenbury 3 - 5 p.m. Literature and the Sea Writer's Workshop at Mel Fisher Maritime Heritage Museum*FREE *presenters include authors Randy Wayne White, Sandra Riley and Rosalind Brackenbury 6 - 9 p.m. Caribbean Pirates Reception and Dinner at Key West Yacht Club*ticketed event 4 - 5 p.m. WEDNESDAY, NOVEMBER 28, 2001 9 - Noon Maritime Artist Retreat with David Harrison Wright at Banana Bay Resort*ticketed event I - 3 p.m. Afternoon Sail aboard topsail schooner WOLF, Flagship of the Conch Republic*ticketed event *join Capt. Finbar, David Cordingly, David Harrison Wright, Sandra Riley, Rosalind Brackenbury, James Kaserman and other authors, historians and maritime artists Historic Glimpses Public Lecture at Mel Fisher Museum... Women Sailors and Sailors' Women*FREE *presented by world renowned pirate historian, author and maritime artist Dr. David Cordingly Historic Re-enactment of the Pyrate Tryal of Anne Bonny & Mary Read @ Old City Hall*FREE Literature and the Sea Authors & Historians Reception at the Mel Fisher Museum*ticketed event 5:30 - 6:30 p.m. 6:30 - 8 p.m. ALL DAY/ EVERY DAY Sailing - Fishing; Snorkeling & Diving - Dry Tortugas & Glass Bottom Boat Excursions Mel Fisher Museum - Key West Museum of Art & History at the Custom House - Fort Taylor Historic Site; Shipwreck Historeum - Heritage House Museum & Pirate's Well- Wrecker's Museum & more!! 201 William Street - Key West, Florida 33041 Phone: (305)296-9694 - FAX: (305)294-8388 - Online: piratesinparadise.com THURSDAY, NOYEMBER 29, 2001 9 - Noon Maritime Artist Retreat with David Harrison Wright at Banana Bay Resort"'ticketed event I - 2:30 p.m. Literature and the Sea Authors and Historians Luncheon"'ticketed event (location tba) "'join David Cordingly, James Kasennan, Sandra Riley, Rosalind Brackenbury and others Historic Glimpses Public Lecture...Pirate & Maritime Art Slide Show @ Custom House Museum"'FREE "'presented by fantasy artist Don Maitz Historic Glimpses Public Lecture at the Custom House... Women Sailors and Sailors' Women"'FREE "'presented by world renowned pirate historian, author and maritime artist Dr. David Cordingly Artists' Reception @ Key West Museum of Art & History at the Custom House"'ticketed event "'an evening of sea chanteys & sea stories set amidst the piratical artwork of Don Maitz FRIDAY, NOVEMBER 30,2001 9 - Noon Maritime Artist Retreat with David Harrison Wright @ Banana Bay Resort"'ticketed event 9 - Noon Workshop with Mystery Writer Randy Wayne White at the Key West Custom House "'ticketed event I - 1:45 p.m. Historic Glimpses Public Lecture at Mel Fisher Museum...Black Powder Weapons Safety*FREE "'presenter Bob Rayburg, Park Manager Fort Taylor Historic Site . Historic Glimpses Public Lecture at Mel Fisher Museum.. .History of Black Powder Weapons"'FREE "'presenter Pat Johnson, Historic Re-enactor and Black Powder Weapons Master Great Battle aboard Key West Tall Ships Appledore, Western Union and Liberty*ticketed event Great Battle Land Artillery Forces @ Fort Zachary Taylor*FREE with park admission Pillage & Plunder Invasion Sail @ Schooner Wharf Bar"'FREE Pillage & Plunder Pirates Buffet @ Schooner Wharf Bar"'ticketed event 3:30 - 4:30 p.m. 5:30 - 6:30 p.m. 6:30 - 9 p.m. 2 - 2:45 p.m. 4 - 6 p.m. 4:30 - 5:30 p.m. 5 - 9 p.m. 6 - 9 p.m. Pirates in Paradise Fe~dval 2001 Celebrating the Rich & Colorful Maritime History of Key West and the Florida Keys . schedule of events (5/28/01) 10 - 2 p.m. SATURDAY, DECEMBER 1, 2001 Noon - 5 'p:nt: > Noon -5 p.m. 1-4p.m. 2 p.m. 3 - 6 p.m. 5 - 7 p.m. 5 - 10 p.m. 6 - 9 p.m. 7 - 9 p.m. Children's Piratical Escapades at the Mel Fisher Maritime Heritage Museum"'FREE "'Meet Capt. Holly - Tall Tales & Wild Yarns - Sword Fighting Lessons - Costume Contests L' 'Historic Seaport's Pirate Fest, & Village Thieves~-Market"'FREE, "'includes Pirate'Endl'mpments, Period Arts & Crafts, Storytellers, Fight Circles & Kids Pirate School Sea Shanty Songfest @ Conch Republic Seafood Co., Schooner Wharf Bar & Turtle Kraals Jolly Roger Dinghy Race @ Schooner Wharf in Key West Historic Seaport "'FREE Children's Pirate Parade to Greene Street Plaza at the Historic Seaport"'FREE "'join Capt. Holly for this fun parade down Greene Street to the Seaport's Pirate Fest Pirates Pub Stroll along Historic HarbolWaIk "'ticketed event departs from Turtle Kraals Sunset "Pirate" Sails aboard Key West Tall Ships Appledore, Western Union & Liberty *ticketed event Buccaneer Bash and after the Parade Party at Conch Republic Seafood Co. "'FREE Buccaneer's Caribbean Buffet at Conch Republic Seafood Restaurant*ticketed event Key West Lighted Holiday Parade*FREE SUNDAY, DECEMBER 2,2001 Noon - 5.m. Historic Seaport's Pirate Fest, Village Thieves' Market and Sea Shanty Songfest*FREE includes Pirate Encampments, Period Arts & Crafts, Children's Stage, Storytellers & Fight Circles*FREE Pirate Sails aboard Key West Tall Ships Appledore, Western Union and Liberty*ticketed event The Quest for the Golden Conch Treasure Hunt*ticketed event departs from Conch Republic Seafood Co. Sunset "Pirate" Sails aboard Key West Tall Ships*ticketed event Scurvy Crew Shipwreck Cast Party at Turtle Kraals in the Historic Seaport*ticketed event *join the cast of Pirates in Paradise for this closing event that features lots offun, food and drink I - 4 p.m. 3:30 - 6:30p.m. 5 -7 p.m. 7 - Midnight ALLDAY! EVERY DAY Sailing - Fishing; Snorkeling & Diving - Dry Tortugas & Glass Bottom Boat Excursions Mel Fisher Museum - Key West Museum of Art & History at the Custom House - Fort Taylor Historic Site; Shipwreck Historeum - Heritage House Museum & Pirate's Well - Wrecker's Museum & more!! 201 William Street - Key West, Florida 33041 Phone: (305)296-9694 - FAX: (305)294-8388 - Online: piratesinparadise.com