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10/16/2002 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 Coral City Elks Lodge #610 d/b/a Key West African American Heritage festival Committee (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 $17,500 (Seventeen Thousand and Five Hundred Dollars) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit A, for production of the Key West African American Heritage Festival to take place during June 2003. 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, except that for events with promotional expenditures incurred between July 1 and Key West African American Heritage Festival Cultural Umbrella Funding FY 2003 1 September 30, 2003, invoices must be submitted within ninety (90) days of the conclusion of the event. 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/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. Key West African American Heritage Festival Cultural Umbrella Funding FY 2003 2 10. Loao: All promotional literature and advertising must display the "The Florida Keys & Key West, Monroe County Tourist Development Council, Come as You Arelll 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 this Agreement to be executed by its duly authorized representative, the 11.1:1, day of ~ . 2002. "~ ~o~(\:~~ ~ 18 23 ~~\ ~ ~\ I Y L. Kolhage, Clerk Board of County Commissioners of Monroe ounty (CORPORATE SEAL) By. B Attest: Secretary OR Witness If) N W <C ~ ...J <( u.. ~J.-,:>= :JuJ- ;;0.::2.: .""'- - ::J: -()Q -- .W '<" h_W r --1..~", :;;Un= -<:( ;;0::: :...:l C) ,'i: a a::: a u w n:: ::zc: 0- 0:: o I..L a w ....J I..L ::>- a ::z: ("o.J <== <::::> c---.. Key West African American Heritage Festival Cultural Umbrella Funding FY 2003 3 THf [lORIDA KHS & KH WfSl MONRO[ COUNTY TOURIST DffiLOPMrNT COUNCIl Come as you areCID THf [lORIDA KHS & KH WfST MONRO[ COUNTY TOURIST DOOOPM[NT COUNCIl Come as you arel8 THf fLDRIDA KHS & KfY WfST MONIlO[ COUNTYTOURIST DOOOPM[NT COUNCIL Come as you arel8 THf fLDRIDA KHS & KH WfST MONRO[ COUNTY TOURIST DffiLOPM[NT COUNCIL Come as you arcl8 THf fLDRIDA KHS & KH WfST MONRO[ COUNTY TOURIST D[V[lOPM[NT COUNCIL Come as you arel8 THf fLDRIDA KHS & KfY WfST MONRO[ COUNTY TOURIST DffiLOPM[NT COUNCIL Come as you arel8 THf [LORIDA KfYS & KfY WfST THf [LORIDA KfYS & KfY WfST THf [LORIDA KfYS & KfY WfST HONRO[ COUNTY TOURIST DMLOPHfNT COUNCIL HONROf COUNTY TOURIST D[V[lOPHfNT COUNCIL HONROf COUNTY TOURIST D[V[lOPHfNT COUNCIL Come as you areQ!) Come as you areQ!) Come as you areQ!) THf [LORIDA KfYS &KfY WfST THf [LORIDA KfYS & KfY WfST THf [LORIDA KfYS & KfY WfST HONROf COUNTY TOURIST DMLOPHfNT COUNCIL HONROf COUNTY TOURIST DMLOPHfNT COUNCIL HONROf COUNTY TOURIST D[V[lOPHfNT COUNOL Come as you are4'J Come as you areQ!) Come as you are<8 THt [lORIDA K[YS & K[Y W[ST TH[ [lORIDA K[YS & K[Y W[ST TH[ [lORIDA K[YS & K[Y W[ST MONRO[ COUNTY TOURIST D[VROPM[NTCOUNCIL ' MONRO[ mUNTY TOURIST D[V[LOPM[NT COUNCIL MONRO[ COUNTY TOURIST D[VR{)PM[NT COUNCIL Come as you are@ Come as you are@ Come as you are@ THt [lORIDA K[YS & K[Y W[ST TH[ [lORIDA K[YS & K[Y W[ST TH[ [lORIDA K[YS & K[Y W[ST MONRO[ COUNTY TOURIST D[VROPM[NT COUNCIL MONRO[ COUNTY TOURIST D[VROPM[NT COUNCIL MONRO[ COUNTY TOURIST D[VROPM[NT COUNCIL Come as you are@ Come as you are@ Come as you are@ TH[ [LORIDA K[YS & K[Y W[ST MONROf COUNTY TOURIST DfVROPMfNT COUNCIL Come as you are@ T"[ [lORIDA K[YS & K[Y W[ST MONROf COUNTY TOURIST DfVROPMfNT COUNCIL Come as you are@ TH[ [LORIDA K[YS & K[Y W[ST MONROf COUNTY TOURIST D[VROPM[NT COUNCIL Come as you are@ m[ [lORIDA K[YS & K[Y W[ST MONRO[ COUNTY TOURIST D[VROPM[NT COUNCIL Come as you are@ MCTG-3125 New Logo Slick L01 EXHIBIT A SUMMARY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA APPROVED BUDGET BREAKDOWN FISCAL YEAR 2002/2003 EVENT NAME: KEY WEST AFRICAN AMERICAN HERITAGE FESTN AL DIRECT MAIL & POSTAGE $ 300 BROCHURES, POSTERS, PROGRAMS $ 2,000 PUBLIC RELATIONS $ 500 PHOTO PROGRAM $ 500 MEDIA ADVERTISING $ 12,200 T-SHIRTS, CAPS, JACKETS $ 1,000 *GENERAL - NON-ALLOCATED $ 1,000 TOTAL: $ 17,500 *GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE AMOUNT AWARDED BY THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL FOR THIS SPECIFIC EV EXHIBIT B TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA SCHEDULE OF EVENTS FISCAL YEAR 2003 NAME OF EVENT; The Key West African American Heritage Festival Please list all scheduled acttvIIles In date and time order (if pre-promotion is to be considered Indicate the dates of the next season); see attachment F.-the... Day TAIe.-t Contnt fund railer June 2003 AA.HF kick off party mDd raiser JUDe 2003 1 st nay Street Fatival 2nd nay Street Fain-al 6pm -12 mid night U BOOD -12 mid night JUDe 2003 June 2003 Street festival wiD have live eDtertaiament contiGuously both days. There will he brakes between am at whim time there wiD be dve giveaway. from the stage BDd the sponsors wiD be mationed. You will find food, clothing, arts BDd crafts booth along both sides otthc street. On Whitehead Street between the Southernmost Point and The HeOlmRWay House.