10/19/2000
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 Cuban American Heritage Festival, 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 (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 $8,500.00 (Eight Thousand and Five
Hundred 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 Cuban
American Heritage Festival Fishing Tournament on November 3-5, 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 iSJOf ~trame ."
importance to the funding of future advertising and promotion for the stabili~f~. e @ri~
based economy, Event Sponsor agrees to submit by September 30, 2001, ~~vOicei CJ
and support documentation as required by the County's Finance Departmenbfli~ ~ 6
policies. Event sponsor shall not be reimbursed nor will Event Sponsor's v~~ b~ai~
directly for any invoices received after September 30, 2001, except that for ~~ vAil ~
promotional expenditures occurring from August 1 through September 30, 2~61}lnv~e~
must be submitted within ninety (90) days of the conclusion of the event. j, ,;, :::' :::0
. -- 0
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/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.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. "
TNESS WHEREOF, each pa1.)fs caused this Agreement to be executed by
. ed representative, the J. _ day of (JJcr , 2000.
Board of County Commissioners
Olse
~~ ' . -;:T.Mf~
Mayo , hairman
(CORPORATE SEAL)
Cuban American Heritage Festival, Inc.
Attest:
By.
od;r~ry t:tfl~~
Witness
EXHIBIT A
BUDGET BREAKDOWN
FLORIDA KEYS FISHING TOURNAMENTS, INC.
OCTOBER 1, 2000 TO SEPTEMBER 30, 2001
CUBAN AMERICAN HERTIAGE FISHING TOURNAMENT
--------------------;~~~-i:~-;~~~---------~~------
DIRECT MAIL & POSTAGE $ 300
BROCHURES, POSTERS,
PROGRAMS, PATCHES $ 2,274
TROPHIES $ 1,000
PHOTO PROGRAM $ 1,000
MEDIA ADVERTISING $ 3,926
T-SHIRTS, CAPS, JACKETS $ --0--
*GENERAL - NON-ALLOCATED $ --0--
----------
$ 8,500
-~-,
--,
EXIllBIT B
.'
FLORIDA KEYS FISHING TOURNAMENTS, INC.,
TOURNAMENT SCHEDULE OF EVENTS
FISCAL YEAR ~99-2600 ~C \
Cuban American Heritage Festival Fishing Tournament
PRINT TOURNAl\1ENT NAME
CAPTAINS :MEETING (NIGHT BEFORE DAY 1)
6'00 PM PARTY AT SUNSET MARINA
DAY 1
8'00 AM LINES IN WATER
3'00 PM LINES OUT OF WATER
6.00 PM EVENING COCKTAil.. PARTY AT SUNSET MARINA
DAY 2
8'00 AM LINES IN WATER
3'00 PM LINES OUT OF WATER
6.00 PM EVENING COCKTAil.. PARTY AT SUNSET MARINA
8.00 PM OTHER EVENT Awards Banquet
6