FY1997 10/16/1996FUNDING 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 Marathon Community Theatre, 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 to Event Sponsor a sum not to exceed($5,288.00) five
thousand two hundred eighty eight dollars for promotion and related expenditures, as
described in the event budget, attached hereto as Exhibit A, in producing Marathon
Community Theatre 1996-1997 Performances, October 1996-April 1997. 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. Monroe County's performance and obligation to pay under this agreement is
contingent upon an annual appropriation by the BOCC. > C"
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2. Event Sponsor shall provide promotion and related services-desctib6d in
the Sponsor's application for funding, Exhibit B, attached hereto. "` C)o
3. Event Sponsor shall reimburse BOCC for any amount of t4rrds�xpcvdeo�by
BOCC in connection with an event which does not occur as a result of a�n"C", 0 or_Wnission
by Event Sponsor.Cn
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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.
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.
June 13, 1996
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. "
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by
its duly authorized representative, the L-t day of (7- $= -t,1996.
(SEAL)
Attest: Danny L. Kolhage, Clerk
(CORPORATE SEAL)
Attest:
By. O •, d.
Secretary
OR r
Witness
Board of County Commissioners
of Monroe County
Mayor/airman
Marathon Community Theatre, Inc.
NUM, -yPresident
APPROVED AS TO FORM
AND SUFFICIE
BY
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June 25, 1996
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