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FY1996 11/21/1995FUNDING 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 the Marathon Community Theater, 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 moneys 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 to Event Sponsor a sum not to exceed $3,000.00 (three thousand dollars) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit A, in producing the Marathon Community Theatre '95-96 Performances on Oct. 20-21, Nov. 19-20-25- 30, Dec. 1-2-7-8-9, 1995, Jan. 19-20-25-26-27, Feb. 1-2-7-8-9, March 22- 23-28-29-30, April 5-6-12-13,1996. Payment will be made only after submission by Event Sponsor of invoices and support documentation acceptable to the Finance Department of the Clerk of the Circuit Court. 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. 2. Event Sponsor shall provide promotion and related services as described in the Sponsor's application for funding, Exhibit B, attached hereto. 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. 1 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. 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/its behalf any former COUNTY office 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. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative, the 2/ day of VC, MSC 1995. (SEAL) Attest: Danny L. Kolhage, Clerk G. Deputy Clerk (CORPORATE SEAL) Attest: Secretary form and legal Date: Board of County Commissioners of (Monroe County Mayo hairman Marathon Community Theater, Inc. BY ,PFesident N a1A �\,;) it A Maratlwn am..ity 51.at,. pppppppppppppppphppp{+ppppl+hl�pppppp6pp Date: October 9,1995 John Underwood Tinsley Advertising RE TDC Advertising Budget Our group has been awarded $3,000.00 for advertising. We would like to divide it up as listed below. If this is satisfactory please forward to TDC. Public Relations $ 200.00 Stuart Newman Radio $ 2.70.00 Iu County $630.00 Out of County Newspaper/Magazines $910.00 Nami Herald, New Times, $390 00 Free Press, Keynoter, AdvemserXWatizeo„ Solares Hill, Time Out Printing $ 600.00 Island Graphs If you have any questions please call our voice mail box at (305)743-0994 or fax me at (305)289.0216. Thank you in advance. George Lancaster Preside= a Maratkon Commundg, JLate ppppppppppp pppppppppppppppppppppppp Date: October 4,1995 Ginger Sager, Administrative Assistant Monroe County Tourist Development Council Dear Ginger: This it the schedule of programs our group will be using TDC monies for. Hooray for Hollywood 77te Sloth Man of LaManclza 771e Hot L Baltimore October 20, 21 November98, ,' ' 2�25,30 December 1,2,7,8,and 9 January 19,20,25,26,27 February 1,2,7,8, and 9 Sombrero Country Club Key Colony Beach City Hall MCr Performing Arts Building March 22,23,28,29,30 MCr Performing Arts Building April 5,6,12 and13 Starting time for Hooray for HA"t'ood is 6:00 pm all others are 8:00 PM If you have any questions please call our voice mail box (305) 743-0994, my home 289-2123 or fax me at 289-0216. Sincerely, George Lancaster President P.O. Bo:-, 500124 p Mara_hon FL 33050-0012 p (305) 143-0994 FAX 289-0126