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10/21/1998 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 ~a Keys Renaissance Faire, Inc. (hereinafter referred to as "Event Sponsor"); WHEREAS, the umbrella organization under contract to the BOCC has recommended to the Monroe County Tourist Development Council (herinafter "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 $18,427.00 (Eighteen Thousand, Four Hundred and Twenty Seven Dollars) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit A and separated as follows: $4,300.00 (Four Thousand and Three Hundred Dollars) for production of the Pirates In Paradise Festival '98 in Marathon on November 20-22,98, $7,800.00 (Seven Thousand and Eight Hundred Dollars) for the production of Pirates In Paradise Festival '98 in Key West on November 26- 29, "98 and $6,327.00 (Six Thousand and Three Hundred and Twenty Seven Dollars) for the production of Pirates In Paradise Festival "99 on November 12-14, 1999 in Key Largo. 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 amendmeot to this agreement. Monroe County's performance and obligation to pay under thi~gi'e~t i~ contingent upon an annual appropriation by the SOCC. ~P?E ~ t; 2. Event Sponsor shall provide promotion and related services ~c~d ~ the Sponsor's application for funding, Exhibit B, attached hereto. All adve~ a~ puiJic relations services or supervision of advertising and public relations will b~d~hraagh the contracted agencies of the Tourist Development Council (TDC) and~. ~e ~ agencies of record, shall receive payment of work in progress upon sub~ssJijn ~ 2 documented invoices associated with said event. Q fg 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. September 14, 1998 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/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. II IN WITNESS WHEREOF, each party h~ caused this Agreement to be executed by its duly-autl:l.Qrized representative, the 7--1 ~ day of Dc I . 1998. ". -'-'. t: Danny LKolhage, Clerk /' . ,.~' / :, Board of County Commissioners of Monroe County v.....O-~ QA; De ty CI C) WITNESS: Florida Keys Renaissance Faire, Inc. ~~ BY~s~ ,APPROVED AS TO FOR AND LEGAL SUFFIC September 14, 1998 Exhibit A PIRATES IN PARADISE FESTIVAL Nov. 20-22, 98 Marathon Nov.26-29,98 Key West Nov. 12-14, 1999 Key Largo Collateral *Banners, Brochures, $3500.00 Posters, Flyers, signs Public Relations $500.00 Broadcast Advertising * BroadcastlRadio- $800.00 $1300.00 out of county advertising * Broadcast/Radio- $500.00 $1500.00 in county advertising production TV Advertising * TCI Cable TV Advertising $500.00 Tee Shirts $500.00 Print Advertising * Magazines, Newspapers Print-out of county advertising $2,000.00 $2,327.00 Print-in county advertising $4,000.00 production Unallocated Funds $500.00 * Total: $4,300.00 $7,800.00 $6,327.00 EXHIBIT B Pirates in Paradise Festival '98 yo I-IO I-iO A.ND LOTS .oF FUN Join us when Key West FantaSea Weddings presents Pirates in Paradise Festival. Our hearty crew invades the Florida Keys with a countywide celebration of our rich maritime history. The revelry combines great music, live entertainment, art and crafts and fabulous foods at venues from Marathon to Key West. So come and be a part of it all. Olde Towne Marathon ~ Satur~ & ~un~. Nov. 21st & 22nd Pirates Festival at Buccaneer Resort and Marina -10 a.m. -5 p.m. . Village Crafts Market, Pirate Fight "stunt shows", ratpucking, food & drink, and lots of pirates play'n music, sing'n songs, and tell'n tales. ~ Fri",y Night;, Nov. 20th Pirate Invasion of Olde Towne Marathon at the Buccaneer - 5 p.m. - 8 p.m. . Come defend the Buccaneer from pillage & plunder.. .or you can buy passage and attack by sea ~ Saturday, Nov. 21st Schooner Wolf as Spedator Boat for Sail Marathon . Buy passage on the Schooner Wolf for the best seats on the seas for Sail Marathon Race Key West - Isle Qj Bones ~ Fri~-Sund~, Nov. 27th-29th Pirates Festival at Higgs Beach-10 a.m. to 5 p.m. . Village Crafts Market, Pirate Fight Circle, ratpucking, food & drink, and lots of pirates play'n music, singn songs, & tell'n tales. Living history encampments. Sea Battles at Hilton Resort and Marina- Noon, 3 p.m., md 6 p.m. . St John's Artillery defends "Fort Hilton" from attack by schooners Wolf & Western Union Schooner Wharf at Key West Historic Seaport . Pirate Pub's on Upper Deck of Schooner Wharf Bar . Pirate sails aboard the schooners Wolf and Western Union City of Key West Park n' Ride & Histonc Tour of America's Trolleys - 9 arn.- 9 p.rn. . Continuous Free Shuttle Service with stops at Park n' Ride, the Pirates Festival at Higgs Beach Hilton Resort & Marina, and Schooner Wharf. ~ Thursday Night. Nov. 26th - Thanks'takin Party Schooner WhaqBar Schooner Wharf Bar at Key West mstoric Seaport . Join the us for Thanksgivin' Dinner with all the fixin's and live music too! ~ Fri~ NigM, Nov. 27th ,., Governor's Ball Fort Hilton's Ballroom Hilton Resort & Marina in Olde Towne Key West . A grand dinner for a great cause. The finest in music and entertainment for the newly appointed Provincial Governor of the Keys, Captain Finbar. ~ Satur~ NigJrt. Nov., 28tb,.5 p.m.-lOp.m. ,., The Great Sea Battle/or Kq West Harbor, Greene Street Pirate's Stroll, and Buccaneer Bash at Schooner Whaq Bar "Fort mlton" Resort & Marina, Greene Street, & Schooner Wharf Bar . Governor Finbar fights the biggest baddest battle for Key West Harbor, followed by a victory stroll down Greene Street to the Schooner Wharf Bar for a night of revelry. For more info call Julie McEnroe at the Schooner Wolf (305) 296-9653 or Fax (305) 294-8388 or Carolee McReynolds (305) 294-7789 or Fax (305) 296-1784 or Rose Stayduhar (305) 743-4386 or Fax (305) 743-4620 Pirates in Paradise Festival '99 Upper Keys Pirates Invasion and Buccaneer Bash Saturday and Sun~ovemberJ3 & 1AJ999,.." 10 a.m. - 5 p.m. Pirates Festival at Plantation Yacht Harbor Village Crafts Market, Pirate Fight "stunt shows", ratpucking, food & drink, and lots of pirates sing'n songs, play'n music, and tell'n tales. Middle Keys Pirates Invasion and Buccaneer Bash Saturday and Snn~ovember 20 & 2U999,.." 10 a.m. - 5 p.m. Pirates Festival in Olde Towne Marathon Village Crafts Market, Pirate Fight "stunt shows", ratpucking, food & drink, and lots of pirates sing'n songs, play'n music, and tell'n tales. Key West Thanks'takin Dinner ~ovember 26, 1999,.." 5:30 p.m. till 9:00 p.m. Governor's Ball Satur~ovember 27, 1999,.." 5:30 p.m. till 9:00 p.m Pirates Invasion and Buccaneer Bash Eriday, Saturday, & Sun~ovember 26-28,1999,.." 10 a.m.-5 p.m. Pirates Festival in Key West Village Crafts Market, Pirate Fight "stunt shows", ratpucking, food & drink, and lots of pirates sing'n songs, play'n music, and tell'n tales.