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10/16/1996 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 Greater Marathon Chamber of Commerce (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($8,043.00) eight thousand forty three dollars for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit A, in producing Pirates in Paradise Festival V, May 3-4, 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. 3=: c..O 2. Event Sponsor shall provide promotion and related services8s dgscrR5ed O:! the Sponsor's application for funding, Exhibit B, attached hereto. ;?, (")~: ~ ~ r-' .. C::;J C) ;::><: -< N -, 3. Event Sponsor shall reimburse BOCC for any amount of fUr)d~.~l{pe~d ~J BOCC in connection with an event which does not occur as a result of anY; ~t~r o~ssi9P by Event Sponsor. ~.~ ~ ~~ ::3 ~; r-' J;- __ <:> C~ Go ;0 4. Event Sponsor covenants and agrees to indemnify and holcfharrlilessrtJloMoe County Board of County Commissioners from any and all claims for bodil~injury (i~~uding 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 20, 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. " Board of County Commissioners of Monroe County ~~f~ Greater Marathon Chamber of Commerce By Witness DATE June 25, 1996 . To: John UnderNood Dale: 16119/96 Time: 11 :02:24 Collateral Ballners, Brochures, Posters, Flyers $ 2,430.00 Public Relations 500.00 Broadcast Advertising out of county in county 1,500.00 500.00 Print Advertising out of cOlmty in county 2,500.00 l.Oon.oo Total $8,-BO.OO FLORIDA KEYS RENAISSANCE FAIRE XIII January 18, 19, & 20, 1997 Advertising Budget: 3 Page2of2 Exh-, b I'-\- A EXHIBIT \:> B. COMMITMENT TO THE EXPANSION OF OFF SEASON TOURISM IN MONROE COUNTY: (outline goals and objectives and describe fn detail the proposed event) This festival is expected to contribute to the local economy by encouraging out of county visitors, extending the stay of visitors throughout the Keys and expending locally the production cost of the event. By creating a permenant date of the first weekend in May, the Festival will help to build a "season" where visitors will plan their vacations to coincide with the Festival dates. pirate Festivals have a rich, long history in Florida. Gasparilla Festival and Billy Bowlegs Festival have been in existance for over 40 years and are world renown. Proposed Event Schedule-1997 1. TREASURE DIVE--incor orated into the 1996 Festival schedule this activity involves greater participation by dive businesses and a excItIment 0 the event. Fest. coins are seeded in desiqnated area and divers & snorklers bring recovered coins to the festival for prizes. Dive takes place Fri.- Sunday with qrand prize drawinq 6 p.m. Sunday at the Festival. PIRATES SCHOOL & PLUNDER PARTY, Friday, May 2 at Buccaneer Resort. Learn to walk, talk and act like a pirate. Sunset Deck 6-8p.m., Party in Banquet Hall 8-11 p.m. PIRATES INVASION OF OLDE TOWNE MARATHON, Sat., May 3 starting at 8a.m. at Shuckers Restaurant, travelIng through Boot Key Harbor In a Boat Parade and landing at Festival site at Noon. Prizes for best decorated boats, best pirate crews. 2. 3. 4. PIRATES FESTIVAL & THIEVE'S MARKET, Sat. & Sun, May 3 & 4--10 a.m.till 6:30 p.m. Special Events Field will be transformed into a Pirates stronghold complete with entertainment, pirate encampments, native crafts, island food & drinks. There will be a cast of over 100 pirates and 30 stage shows aallY. reaturea durIng the day Will be stOry~ellers, swurd flyllts, Ydmes, rides, rat pucking and songs of the sea. t:; -' . p.m. till 11p.m. Live music & entertainment Adds to the excitment of the festival by having evening venues to continue the days activities. 6. BATTLE FOR OLDE TOWNE, Sunday, May 4--1p.m.-?, Team competition in games of sl<:i 11 and stupidi ty. Wi nn~r i R ~rownpd "n~f~nd~rs of 01 d~ 'T'o'tm~" 7. LANDLUBBERS TRESURE HUNT, T1lurs.May 1 thru Sun. May 4. Clues for treasure hunt will be printed in Festival souvenir program printed in the Weds. edition of the Keynoter. Final clue is at the festival site. Need not be present to win the grand prize drawing on Sunday at 6 p.m. 12345 CEU APPLICATION - PAGE THREE