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10/19/2000 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 "BOCC") and Historic Seaport @ Key West Bight. (hereinafter referred to as "Event Sponsor"); WHEREAS, the umbrella organization under contract to the BOCC 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. BOCC shall pay a sum not to exceed $17,054.00 (Seventeen Thousand and Fifty Four Dollars) for promotion and related expenditures effective October 1, 2000, as described in the event budget, attached hereto as Exhibit A, for production of the Pirates In Paradise 2000 on November 25 - December 3, 2000. 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. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the BOCC. 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 Tourist Development Council (TDC) and BOCC. 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, 2001. 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 30,2001, 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 after September 30, 20Q1, except that for events with promotional expenditures occurring from August 1 thrOlrgtt'~~.~~001, invoices must be submitted within ninety (90) days of the cOnCIU~f}rPr~~ld~~m 1 6 Z :" "IV €, ^ON 00 OHOJ3H (iO.:l 031l.:J Pirates In Paradise Cultural Umbrella Funding FY 2001 3. Event Sponsor shall reimburse BOCC for any amount of funds expended by BOCC 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 BOCC and its agents and employees access to said records at reasonable times. 6. BOCC 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/herlits 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.1 0-1990. 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. " 2 Pirates In Paradise Cultural Umbrella Funding FY 2001 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by thorized representative, the If#" day of tCr1- ,2000. L. Kolhage, Clerk WITNESS: ~((.~~ Pirates In Paradise Cultural Umbrella Funding FY 2001 Board of County Commissioners of Monroe County ~~t~ By V/~ 3 BUDGET PIRATES IN PARADISE Direct Mail & Postage $ 500.00 Brochures, Posters, Programs $ 7,554.00 Public Relations $ 1,000.00 Photo ProgramNideo $ 2,000.00 Media Advertising $ 4,000.00 T-Shirts, Caps, Jackets $ 1,000.00 *General, Non-Allocated $ 1,000.00 TOTAL $17,054.00 EXHIBIT A Pirates in Paradise Key West Historic Seaport November 23 - December 3, 2000 Proposed Schedule of EventS(revised 7/17/00) EXHIBIT B THURSDAY, NOVEMBER 23, 2000 5 p.m.- Midnight Thankstalcen' Party and Ci"ema & the Sea @ Atlantic Shores Resort SA TURDA V, NOVEMBER 25, 2000 Noon - 5 p.m. Aqua-cu/ture Tours & Children's Marine AHs & Crafts @ Conch Fann Research & Educational Foundation Children's Piratical Escapatks at the Key West Custom House Kid's Pirate Sail aboard the Pirate Ship Schooner WOLF Greene Street Plaza Party & Tree Lighting Ceremony @ Key West Historic Seaport Pirates, Seascapes & Ships Art EXhibit Opening Reception @ Gallery on Greene Noon - 5 p.m, 2 - 4 p.m. 4 - 10 4 - 7 p.m. SUNDAY, NOVEMBER 26, 2000 Noon - 4 p.m. Wrecker's Cup Tall Ship Race to Sand Key Light House 7:30 p.m. Wrecker's Cup Tall Ship Race Awards Ceremony @ Schooner Wharf Bar MONDAY, NOVEMBER 17,2000 7 p.m. Glimpses from the Golden Age of Sail & Seqfaring Adventure @ Old City Hall *sponsored by the Key West Maritime Historic Socjety TUESDA V, NOVEMBER 28, 2000 8 - 5 p.m. Dry Tortugas Feny Excursion aboard Sunny Days Fast Cat II join marine archeologists and bistorians Cory Malecn.. & Duncan Mathewson III for this seafaring adveJItun (co-sponsored by tbe Key West Maritime Historit Society) Literature and the Sea Symposium Registration & Authors · Reception @Mel Fisher Maritime Heritage Museum - join ~o-chaifS Lori... Hemingway lUld .Jeff Bakers for tbis opportunity to Ibcet symposjum authors, scholan and histon.nll Literature and the Sea Symposium Gala Dinner @ Key West Custom House Museum -Keynote speaker: Da~ Cordingly, author of Under the Black Flag WEDNESDAY, NOVEMBER 29, 2000 8:30 - 5 p.m. Dry Tortugas Feny Ex;cursion aboard the Yankee Freedom II _ join authors Lorian Hemingway, Jobn Leslie, Randy Wayne White, Sandra Riley and others for this exciting seararing adventure 5 - 10 p.m. KWFS Swashbuckler Film Fest & Authors' Poo/side Reception @ Radjsson Hotel Key West THURSDA Y, NOVEMBER 30, 2000 8 - 4:30 m. Atocha Treasure Ship Wreck Dive aboard the Sea Eagle 10 - Noon Symposium Panel Discussion & Luncheon ~ location TBA *proposed moderator Jeff Bake.. & paneljlrts .Jo.... ~.e, Lorian Hemingway &: Randy Wayne White Round Table Authors' Luncheon Write,.'s Workshops & SeminareS@Mel Fisher Museum & Key West Custom House Museum .. Directed Writer's Workshop w/.John Leslie & Shipwrecks, Storms & Sea Stories w/ John Viele & Duncu Mathewson III Writer's Workshops & Seminares@ Me] Fisher Museum & Key West Custom House Museum * Researdaiog & Autbeoticaring Hi.torieJtJ Oat. (panel dis4'ussion) presented by David Moore, Marg...et Hoffman kale, Tam.... Eastman &. Christine Lampe (aka NQG's Jamaica Rose) & Keeping a Ship's Log A.uthor's Reception @ Grand Key Resort - book signinp & readings Authonl' Dinner @ Grand Key Resort - join Lorio Hemingway & others for an evening of draDJatie readinCI and Ilc:a stories 5 - 7 p.m, 7 - 10 p.m. Noon - 1 :30 p.m. 2:00 - 3:30 4 - 5:30 p.m. 4:30 - 6:30 p.m. 7 - 10 p.m. Pirates in PII1'IIdise @ Key West Hl8toric Seaport Proposed S(:hedule of Eventl(revised 7/17/00) page 2 FRIDAY, DECEMBER 1, 2000 8:30 - 1 p.m. Treasure Dive for Atocha coin aboard the Sea Eagle 10 - Noon Writers Workshops@ Custom House Museum & Mel Fisher Musuem .. facilitators include Randy Wayne White Literature and the Sea Writers Sail aboard the Topsail Schooner WOLF * facilitator John Leslie Greene Street Village Thieves' Marlcet & Sharon Crystal> s Real Pirates Pub & Stage Pirate Sail & Great Sea Battle aboard schooners WOLF, Western Union, Appledore & Liberty Great Sea Battle Land Artillery at Simonton Beach Pirate Invasion March from Simonton Beach to Schooner Wharf Bar at Historic Seaport Pillage & Plunder Invasion Party @ Schooner Wharf Bar & Harborwalk 1:30 - 3:30 p.m. 4 - 10 p.m. 4 - 6 p.m. Sp.rn. 7 p.m. 7 - Midnight SA TURDA V, DECEMBER 2, 2000 8:30 - 1 p.m. 8:30 - 10 a.m. 10 - Noon. Noon - 10 p.m. Noon - 5 p.m. Noon - 5 p.m. 11 a.m. - 1 p.m. Noon - 5 p.m. ] - 3 p.m. 1:30 - 2 p.m. 2 - 4 p.m. 5 - 7 p.m. 6 - 8 p.m. 7 - 10 p.m. 8 - Midnight Treasure Dive for Atocha coin aboard the Sea Eagle Writer's Continental Breakfast Writers Workshop .'.ciIitltor Lori... Heminaway Greene Street Village Thieves' Marlcet & Sharon Crystal's Real Pirates Pub & Siage Living History Encampments; Strolling Pirates & Fight Circles along the Harborwalk Education Tent featuring presentations by locally & internationally recognized scholars Kid's Pirate Sail aboard the 741 topsail ~cho,on~r WOLF. Aqua-cultllre Tours & Children's Marine Arts & Crafts @ Conch Fann Research & Educational Foundation History Sail aboard the 130' schooner Western Union Pirate School for Kids of all ageS @ Greene Street Plaza Wench Sail aboard the Pirate Ship Schooner WOLF Sun'let "Pirate" Sails on WOLF, Western Union, Appledore & Liberty Literature and the Sea Writers Book Signings & Readings Key West Lighted Holiday Parade & Pir~te Pub Crawl - joia~ the Pirates in PtlradQt! marcliliag unit &: stroll back to the Seaport Buccaneer Bash @ Conch Republic Seafbod Company & Harborwalk SUNDAY, DECEMBER 3,2000 8:30 - ] p.m. Treasure Dive for Atocha coin aboard the Sea Eagle 10:30. 1 p.m. Literature and the Sea Writers Symposium Brunch & Readings -location TBA Noon - 10 p.m. Greene Street Village Thieves' Marlcet and Sharon Crystal's Real Pirates Pub &- Stage Noon - 5 p.m. Living History Encampment,,;; Strolling Pirates & Fight Circle,'i along the Harborwalk Noon - 5 p.m. Education Tent featuring presentations by lOcally & internationally recognized scholars Noon - 5 p,m. Aqua-culture Tours & Children '~Marine.Arts & Crafts @ Conch Farm Research & Educational Foundation Pirate Sail aboard the Schooner WOLF Maritime Art Retreat with DavidHatTi$on Wright Registration @ Banana Bay Resort Lileratltre and the Sea Writer$ Book Signings & Readings @ Turtle Kraals Tower Bar Sun~t <<Pirate II Sails on schooners WOIrIf, WeMern Union, Appledore & Libeny Shipwreck Ball & Scu"". Crew Can Wrap' Bany @ Turtle Kraals & Harborwalk 2 - 4 p.m. Afternoon 4 . 6 p.m. 5 - 7 p.m. 7 ~ 1l p.m. All DaylEvel'f Day Sailing; FUhillg; Snorkeling; Di.,;"8; Dry TOrll4gas & Glass Bottom Boat ExcurS;OIl.If;; Mel Fislter MtlI'itime MlISeu",; Key Wt!St, C""WIh BOllse Mllsell."" Pirotes, Sea.lf;ctlpes & Ships AI1 Exhibit @ The Gallery on Greene;; Hemingway Museum, Wrecker's Museu", & rlUJre!