11/10/1993
FUNDING AGREEMENT
THIS AGREEMENT is entered intothis~O~ day of j\)ovewJJ~ , 1993, by
and between the BOARD OF COUNTY COMMISSIONERS, Monroe County, Florida, hereinafter
referred to as the BOCC and Greater Marathon Chamber of Commerce hereinafter referred to as
"Event Sponsor";
WHEREAS, the BOCC, upon recommendation of the Monroe County Tourist Development
Council, hereinafter referred to as the TDC, has budgeted a portion of tourist development
revenues for promotion and support of certain cultural events; and
WHEREAS, the umbrella organization under contract to the BOCC has recommended that
certain monies be allocated to Event Sponsor; now
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~even tQ8usa~ dollars
($7,000.00) for promotion and related expenditures in producing Priate~l~ farat~e, ~y 19-22,
r-. C-.. -,~ --,
1994, pursuant to the terms of the Funding Application, attached hereto?and inc<jJora.t$d herein
by reference (Exhibit A). ;=_ ~-'
Should a breach occur after the expenditure of funds by Bffcc for a~ even.t:, and the
~ ?-~
event does not occur as a result of said breach, Event Sponsor shall:feimburs& BOQp for the
amount of funds expended by the BOCC in connection with said event. ,~. lfl
..
2. Event Sponsor shall provide promotion and related services as described in detail in
the Funding Application (Exhibit A).
3. Indemnification and Hold Harmless: Event Sponsor agrees to indemnify and hold
Monroe County harmless for any and all claims, liability, losses and causes of action which may
arise out of the fulfillment of the agreement.
It agrees to pay all claims and losses and shall defend all suits filed due to the
negligent acts, errors or omissions of the Event Sponsor's employees and/or agents, including
related court costs.
4. Insurance Requirements: Event Sponsor shall carry during the term of this agreement
public liability insurance, including bodily injury and property loss damage to cover all claims,
demands or actions by any person or entity in anyway arising from the operation, of this event(s).
Such liability insurance shall be in an amount not less than $500,000. Monroe County and the
Monroe County Tourist Development Council shall be named as additional insured under the
insurance policy and such insurance shall be primary and non contributing with any insurance
carried by the County. Event Sponsor shall furnish the County with a certificate evidencing the
insurance required by this paragraph not later than twenty (20) days prior to the event.
5. Event Sponsor shall maintain records to be kept pursuant to generally accepted
accounting principles, for three years after the event, and shall permit BOCC and its agents and
employees access to said records at reasonable times.
1
6. For any breach of the covenants contained herein or in Exhibit A, BOCC may
terminate this agreement immediately upon service of notice of termination. SOCC may terminate
this agreement without cause upon providing 120 days notice of termination.
7. Event sponsor is an independent contractor and shall disclose any and all potential
conflicts of interest as defined by Florida Statute, Chapter 112 and Monroe County Code, Article.
XXI.
8. Force Majeure: Event Sponsor shall not be liable for delay in performance or
failure to perform, in whole or in part, the services due to the occurrence of any contingency
beyond its control or the control of any of its subcontractors or suppliers, including labor dispute,
strike, labor shortage, war or act of war whether an actual declaration thereof if made or not
insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine
restriction, accident, fire, explosion, storm, flood, drought or other act of God, act of any
governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or materials
or supplies, or technical failure where Event Sponsor has exercised reasonable care in the
prevention thereof, and any such delay or failure shall not constitute a breach of this Agreement.
9. Ethics Clause: 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, the parties have executed this agreement the day and year first
above written.
(SEAL)
Attest:
ilJ)(/f}t?,til..5lal/{t{t/;{~ ;htl II;J,
J J '
By t/(
~
(SEAL)
Attest:
Monroe County Board of County
Commission
~
~~.r~1./t~~..,A~ ...~
~rk~
Approved as to form and legal sufficiency: ~ #-
Date: 1/38/93
, I
By:
2
SWORN STATEMENT PURSUANT TO SECTION 287.13J(J)(a),
FLORIDA STATUTFli, ON PUBUC EN1TIY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY JBUC OR OTHER
omCIAL AUTHORIZED TO ADMINISTER OATHS. .
1.
tor
This sworn statement is submitted to
A j /JP. J - l \' /J 'A l/J. L [print ~ oC the,.pubUc entity]
by C1../il\.vl/v Ut;::t(//v l::K!. rKI=5/JJ?:/Jr
~~~~A)tf~m6az of; &;;;';eleeC
[print name oC entity lubmJttina IW'OI'D statement]
whose business address is
~3 0 /~
~~,_) 0 t..:.
i/tAJi.
;WiltZ. FL. 33050
.
and (if applicable) its Federal Employer Identification Number (FEIN) is '5'1"~O()t/J1:J.5'7
(If the entity has DO FEIN, inc:1ude tbeSodal Security Number of the individual signmg this
sworn statement:
.)
2. I understand that a -public entity crime- as deftned in Para~ph 287.133(1)(g), Florida Statutes. means a
violation of any state or federal Jaw by a pelSOn with respect to and directly related to the traDsaction of
busiDca with &Dy public eatity or with an qency or politica1lUbdivision of any other state or of the United
States, including. but DOt limited to, &Dy bid or contract for JOOds or seivices to be pIOYided to aay public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that -convicted- or -coDYidion-u deflned in Para&raPh 287.133(I)(b). J1arida~ DICUI
a finding of guilt or a conviction of a public entity crime. with or without an adjudication of JUilt, in any
federal or state trial coun of rea>rd reJatiDg to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I un.derJtand that an -affiliate- as defined in Paragraph 287.133(I)(a), Florida Statutes. means:
1. A predeceaor or successor of a person convicted of a pubIic"entity aime; or
2. An entity UDder &be control of &Dy natural perIOn who is active in the management of the entity and
who has been convk:ted of a public entity crime. The term -atnliate- includes thole oMcers, directors,
executives, partnen, shareholders, employees, members, IDd asents who are active in the DWUlJeD1ent of
an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or income among persons when DOt for fair market value under an arm's length
agreement, shall be a prima facie cae that ODe person controls another person. A person who knowingly
cnten into a joint WlIlture with a person wbo has beeIl c::onvided of a public cntity crime in Florida durinl
the preceding, 36 mouths shall be coDSidered an aftUiate.
S. I understand that a -perso,J,l. as~fincd in Paragraph 287.133(I)(e), Florida Statutes. means any natural
penon or entity orpllilcd UDder thc laws of any state or of the United Statel with the legal power to enter
into a binding contiact and which bids or applies to bid OD oontract.s for the provision of goods or services
let by a public entity, or which othCIWise transIcts or app1iea to transact business with a public entity. The
term "person- includel those ollicers. directors, exec:utiYea, partnen, shareholders, cmployeea, members, and
agents who are active in IDaDaFJDcnt of an cntity.
6. Bued on information and belief, the statement which I have marked below Is true in relation to the entity
submitting this sworn statement. [indicate which .tatement appUea.]
Neither the entity submitting this sworn statement, nor any of its omcers, directors, executives,
partners, sharebolders, employees, members, or agents who are active in the management of the entity, nor
any atftliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or more of its officers. directors, e:xeaItives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
_ The entity lubmitting t1Us sworn statement, or one or more of its omcers, directors, executives,
partners, shareholders, employees. memben, or agents who are active in the management of the entity, or
an aftUiate of the entity bas been c:barged with aadconvicted of a public entity crime subsequent to July
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that
it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. [attach a COl'1 of tbe IIDal order] -
.'
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBUC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTI1Y ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.
I ALSO UNDERStAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTI1Y PRIOR TO ENTERING
INTO A CONTRAC'f IN EXCESS OF THE THRESHOLD AMOUNT PR.OVIDED IN SECI'lON 287.017, FLORIDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
u
...
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Sworn 10 aDd I1Ib1aibecl be1bre me t1Us
~
.1993.
Personally known X
OR Prod\U:OO identukatioil
Notary f:ublic - S
P()X:I iJlJ
jj";-....!:lOI, ;:7
. {JIZIM ~ 1-081]1-10. ~
(PIiDUld typed or stamped
mamaiIIioDed IWIlC of DOtuy public)
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~EBORAH JEAN FRIEOHOF
Y CommISsion CC274156
E~Ptres Apr OS, 1997
Bonded By ANB
800-85.2-5878
(Type of identification)
Form PUR 7068 (Rev. ~1J92)
Out of County advertising will be placed primarily in the South Florida
Arel:i with the emphasis on community publications which cover cultural events
such as the New Times Magazine. .
A request will be made to the District III Advisory Commi ttee to co-op
Pirates in Paradise into the District Advertising campaign. Additionally. the
festival proposes to co.op advertising for other cultural events such as Renaissance
j<'aire and Community Theater productions in its advertising to further extend
Cultural Umbrella advertising dollars.
. Festival '93 (first year festival) was well received and well publicized by the
media on both a national, state and local level. Video footage and photographs will
compiled for promotional use as the festival growsJnd expands.
Cost Breakdown G>,-fJA/J j/
Print and radio (out of county) /
Print and radio (in county)
Full color posters (3~0 out of countYi 150 in county)
Program (2000)
Rack cards (500)
Photography and video
Publicity and promotion miscellaneous
Direct mail and postage
AdditIonal signage
d
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f.
,
I
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Pirates in Paradise
Feliltival '94
Advertigiug and Promotional Plan
Total Advertising and Promotion
In county print and radio breakdown
Freepress
Reporter
Keynoter
Key Wut Citizen
Advert.iser
WAYK Radio
W~'KZ Radio
WKRY Radio
WUSl Radio
Out of county print Breakdown
New Times Magazine ; Rodi 0
- , -
- -
Tampa, St. Peteraburi, Orlando. Naples, Palm Beacl1
Chfcae-o. Notural Hizstofl Mu,adne, Audubon Ml1,luine
(Pending DAC III approval)
~
1,SOO
'.I . 0
L,.. v
-
-=r-
...
...,
$240 7
180 I, S" 00
685
225
270
PSA
PSA
PSA
PSA
.~ ~ ~Ct'O
""--
no COlt
~
~
Tmsley Advertising
September 3, 1993
Ms. Rose Stayduhar
Marathon Chamber of Commerce
3330 Overseas Highway
Marathon,. FL 33050
Dear Rose,
2660
Brickell Avenue
Miami
Florida 33129
(305)
856-6060
Fax
(305) 858-3877
Your budget for the Pirates in Paradise Festival looks fine. Please refer to the below for a
detailed breakdown on how we would like to see your advertising budget implemented:
-In-County Newspaper and Radio
-Out-of County Newspaper and Radio
-Production
-Public Relations
-Photography
- Banners/Signs
-TOTAL
-BUDGET
-CONTINGENCY
$1,500
$3,200
$700
$500
$400
$600
$6,900
$7,000
$100
We may also be able to include the event in some district newspaper advertising as
you have suggested.
Please call Jim Johnson or myself with any questions.
Good Luck,
John Underwood
Associate Account Executive
cc: Carol Fisher mc
Jim Johnson
(
Event
Amount Reouested
Pirates in Paradise Festival '94
$17,750
Location
Marathon, Florida
Dates of Event
May 19, through May 22, 1994
Thursday, May 19 - Pirating School (7:00 pm to 10:00 pm)
Friday, May 20 - Treasure Hunt Begins, (10:00 am) Buccaneer's Ball
(7:30 pm to 10:00 pm)
Saturday, May 21 - Pirates invasion (9:00 am to 11:30 am), Thieves
Market (12:00 pm to 8:00 pm)
Sunday, May 22 - Thieves Market (10:00 am to 8:00 pm), Award of
Treasure Hunt Booty (6:00 pm)
(
Estimated Attendance
...
4,500
Event Descrintion
The 1994 Pirates in Paradise Festival will be a ~ day event beginning Thursday
evening, May 19, 1994 continuing through Sunday, May 22, 1994. The extended
weekend of activities will include a pirating school and convening of the crews on
Thursday evening. On Friday morning the first clue will be given in a treasure
hunt which will reward the finder with over $5,000 in cash and prizes. At Friday
evenings Buccaneers Ball the pirates and buccaneers will be mobilized and fortified
for Saturday morning's invasion of Marathon through Boot Key Harbor. After
laying siege to the town the pirates crew will establish an encampment at the
Museum of Natural History of the Florida Keys and begin two days of cultural
activities and entertainment. The festival will be culminated on Sunday evening
with the award of the treasure booty and a fond farewell until next year.
Impact on Tourism
;
The4 day event will be aggressively marketed nationwide. Based on an
estimated attendance of 4,500, the day festival is expected to contribute over
$179,850 to the local economy, excluding costs of producing the event which will be
expended locally. This figure is calculated based on..f1e following assumptions: 1)
half of the 4,500 people in attendance will be out of county; 2) 1,124 room nights will
1
(
be booked over the three day event; 3) The average out of county family of four will
spend approximately $150 per day for lodging, food and entertainment for the three
day event; and 4) the remaining 2,250 people in attendance will infuse $5 per
person, per day into the local economy.
Name and Address ofSnonsorinlt Orltanization
Greater Marathon Chamber of Commerce
3330 Overseas Highway
Marathon, Florida 33050
Phone and Fax
Telephone: (305) 743-5417; Fax (305) 289-0183
Contact nerson
Ray Kitchener, Executive Director
History of the Orltanization
Greater Marathon Charnber of Commerce has successfully produced many
events in the Marathon area.
Historv of Event
Pirates in Paradise Festival '93 was aggressively marketed in the South
Florida area. Though it was a first year event with a very limited budget, the
festival attracted exceptional publicity and was well attended (3,000 people).
Pirates in Paradise Festival '93 began with a pirating school Friday
evening. On Saturday morning Capt. Calico Jack and his crew invaded the town
through our harbor and set up camp for two days of fun and entertainment at the
Thieves market. Saturday evening pirates and buccaneers regaled each other with
tales and songs of the sea at the Bountiful Buccaneer's Banquet. Special exhibits,
reenactments, music, songs, stories, games and activities presented the flavor of a
pirates life in the early 18th century and created a wonderful learning environment
to communicate the influence of this colorful part of the Florida Keys Maritime
heritage.
su er _ ,,1 /' ~ /'
'" ~ .3~... OFFICIAL NO RY SEAL . ::, (' r..;;JJ /' fi'.~
0\ - '" -rr -' JEANNIE K FRANCE -...: P:~
~ ti4 <; COUMIS.SION HUMBER N 1ii ~~~ Z~"I"O.3
Notary: l~ A'e.<f: CC164g07 otary:... MyCornmiMionCC27.,71 r'
>>--- ~" ~C) MY COMMISSION EXP. :: ::::'Aiw.06.1lil1i1
The above '<-0, \0 {I~ holds Monroe d1da~ourist
Development Council harmless for any liability arisfWg from the funded
event/activity.
2
Pirates in Paradise
Festival '94
Budget
Income
Cultural Umbrella Funding Request
Vendors (25 @ $50 each)
Gate (4,500 @ $2 each, note children under 12 free)
Banquet (290 @ $25)
Concessions
Festival '93 Reserves
Sponsorship
Total Income
EXDens~s
Advertising and Promotion
Event Director
Multiple site preparation and clean up
Security
Portable toilets
Props and decoration
Professional entertainment
Prizes and giveaways
Invasion
Banquet
Treasure Hunt
Incidentals
Total Expenses
$17,750
1,250
9,000
6,250
2,000
15,900
$54.150
$17,750
5,000
2,000
2,500
500
2,000
11,500
6,000
1,500
3,750
650
1,000
$54.150
..
2,000
3
Pirates in Paradise
Festival '94
Advertising and Promotional Plan
Out of County advertising will be placed primarily in the South Florida
Area with the emphasis on community publications which cover cultural events
such as the New Times Magazine. '
A request will be made to the District III Advisory Committee to co-op
Pirates in Paradise into the District Advertising campaign. Additionally, the
Festival proposes to co-op advertising for other cultural events such as Renaissance
Faire and Community Theater productions in its advertising to further extend
Cultural Umbrella advertising dollars.
Festival '93 (first year festival) was well received and well publicized by the
media on both a national, state and local level. Video footage and photographs will
compiled fOF promotional use as the festival grows and expands.
Cost Breakdown
Print and radio (out of county)
Print and radio (in county)
Full color posters (350 out of county; 150 in county)
Program (2000)
Rack cards (500)
Photography and video
Publicity and promotion miscellaneous
Direct mail and postage
Addi tional signage
Total Advertising and Promotion
8,500
1,500
2,000
1,000
250
2,500
500
500 ...
1,000
$17.750
In county print and radio breakdown
Freepress
Reporter
Keynoter
Key West Citizen
Advertiser
W A VK. Radio
WFKZ Radio
WKRY Radio
WUSl Radio
$240
180
585
225
270
PSA
PSA
PSA
PSA
Out of county print Breakdown
New Times Magazine
$8,500
Tampa, St. Petersburg, Orlando, Naples, Palm Beach
Chicago, Natural History Magazine, Audubon Magazine
(Pending DAC III approval)
no cost
4
Pirates in Paradise
Festival '93
Final Budget
Co-Producers: Florida Keys Land & Sea Trust and Greater Marathon
Chamber of Commerce
Income
Cultural Umbrella Funding
Gate
Concessions
Bountiful Buccaneer's Ball
Pirates Invasion
Sponsorships
$ 5000.68
5909.61
1,324.00
2,982.00
550.00
7,798.00
$23,564.29
Total Income
Expenses
~.
Advertising and Promotion
Event Director
Professional Entertainment
Site Preparation
Pirates Invasion
Bountiful Buccaneer's Ball
Security .
Props and Decoration
Concessions
Permits
Miscellaneous
$ 6,881.27
2,250.00
3,400.00
835.56
$500.00
2,250.00
1,146.75
222.98
539.09
55.00
23.75
$18,104.40
Total Expenses
Profit
$5.459.89**
**$2,000 of the festival profit will be held in reserve by the Greater Marathon
Chamber of Commerce for use during Pirates in Paradise Festival '94.
(
Pirates in Paradise
Festival '93
Media Coverage
Willard 'Scott wore our Marathon Pirates in Paradise Hat on the NBC Today
Show
Channel 7 and TCr Channel 5 did a special segment on the fun and
frollicking
Channel 4,7 and 10 made news out of us
Keys Entertainment Guide, Scuba News, Keys Kids Magazine, See Florida
Keys and Gibbons-Humms Guide featured us
(
....
Florida Keys Keynoter did a special section on us
The Miami Herald, Orlando Sun-Sentinel, The Delray Beach News, The
Melbourne Florida Today, The Fort Lauderdale Sun Sentinel Travel
Guide, The Florida Keys Keynoter, The Freepress, The Advertiser, The
Reporter, and The Key West Citizen all thought we were newsworthy
W A VK Radio, US1 Radio and Miami radio stations broadcast us live
And everyone had a great time.
(
FLORIDA KEYS
~;;-~-~
LAND & SEA TRUST
20 July 1993
Ray Kitchener Re: pirates Festival 1994
Marathon Chamber of Commerce
3330 Overseas Highway
Marathon, FL 33050
Dear Ray,
Pursuant to our recent conversations, the Land Trust will
be pleased to extend the use of our property for a joint Pirates
festival in 1994 similar to Pirates'93. It is our understanding
that yo~ will file the appropriate applications and spearhead
the '94 festival as we did in '93, and we look forward to working
with you on this community project as the details develop.
Barbara will be happy to provide you with access to and/or
copies of any file materials from Pirates'93 that may be useful
to you.
(
Yours,
~~~~
Capt. Ed Davidson, Presigent
(305) 743-3900
@ Recycled Paper
Please reply to:
D Post Office Box 536 . Marathon, Florida 33050