09/29/1993
FUNDING AGREEMENT
.
THIS AGREEMENT is entered into this JqM.\. dayof 5e~.bvr- , 1993, by
and between the BOARD OF COUNTY COMMISSIONERS, Monroe County, Florida, hereinafter
referred to as the BOCC and Friends of Islamorada Area State Parks, Inc. 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 twelve thousand dollars
($12,000.00) for promotion and related expenditures in producing Indian Key Festival, pursuant to
the terms of the Funding Application, attached hereto and incorporated herein,cby r~ference
<..::J ,.,...'
(Exhibit A). ~ ' c' .-.-
Should a breach occur after the expenditure of funds by BOCCfor an ~vent. and the
event does not occur as a result of said breach, Event Sponsor shall re.jmburserBOCC for the
"
amount of funds expended by the BOCC in connection with said event.h ~
,-...) .
2. Event Sponsor shall provide promotion and related services as described in detail in
, \.C'
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. BOCC 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.
Friends of the Islamorada Area State Parks, Inc.
By ./4 p, ;;.(~ ~
(SEAL)
Attest:
.c~().~.l t. A J~
Clerk ~
Monroe C n~ard of County
Commi oers ~
By:
Approved as to form and legal sufficiency:
Date: qjJ /'11
/ ,
2
SWORN STATEMENT PURSUANT TO SECI'lON 287.133(3)(a),
FLORIDA STATUTES. ON PUBLIC ENTllY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
omCIAL AUTHORIZED TO ADMINISTER OATHS. .
1.
This sworn statement is submitted to "\ , b. C ,
by G~'-l Mt,l.C.Ee ~~~ . <?e.e ~l~t Dame of the public entity]
[print IDdlfltlnal's ~ title] A.,.. 0 ---.o._L
rorF(t{~,j\;)~ r$-'-n+~ <..L~\.~~iA ~"- ~ .rO~
. [print name of entity snbmlttlna IWOl"D statement]
Whose business address is
f O..cox. L~~
Is <.Am utZA p t4 f' L . s.:SO O-f--
and (it applicable) its Federal Employer Identification Number (FEIN) is Stf. -00 -OLS-11~'-C)"
(If the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement:
.)
2. I understand that a -public entity crime- as defined in Paragraph 287.133(1)(g), Florida Statutes. means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including. but not limited to, any bid or contract for goods or seivices to be provided to any 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 un4erstand that -convicted- or -COnviction- as defined in Paragraph 287.133(1)(b), Florida StatateL means
a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trial court of record relating 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 understand that an -afIiliate- as defined in Paragraph 287.133(1)(a), Florida Statutes. means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and
who bas been convicted of a public entity crime. The term -amuate- includes those officers, directors,
e:recutives, . partners, shareholders, employees. memben, and agents who are active in the management 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 not for fair market value under an arm's length
agreement, sball be a prima facie case that one person controls another person. A person who knowingly
enten into a joint venture with a person who has been convicted of a public entity crime in Florida durina
the preceding 36 months shall be considered an aftUiate.
S. I understand that a -person- as defined in Paragraph 287.133(1)(e), Florida Statutes. means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services
let by a public entity. or which otherwise transacts or applies to transact business with a public entity. The
term "person- includes those officers, directors, executives, partners. shareholders, employees, members, and
agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [indicate whlch statement applies.]
Neither the entity submitting this sworn statement, nor any of ita omeen, directors, executives,
partners, shareholders, employees. members, or agenta who are active in the management of the entity. nor
any afI'lliate 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 ita officera, directors, executives,
panners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has ~n 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 ita oftlcen, directors, executives,
panners, shareholders, employees. membel'S, or ageata who are active in the management of the entity, or
an amtiate of the entity has been charged with and convicted of a JR1blic 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 Mmini!ttrativc 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 copy of the llnal order] -
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACI1NG OFFICER FOR THE
PUBUC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR. YEAR IN WHICH IT IS FD...ED.
I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBUC ENTITY PRIOR TO ENTE1UNG
INTO A CONTRACI' IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SEC'I'lON 287.017. FLORIDA
STATUTES FOR CATEGORY lWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
~;3. 0z( (6.. ~
" [Iipature]
Sworn to and subscribed before me this
)b
day of S~P1€n16E(l..
. 19 Cf3 .
Personally known
v
OR Produced identification
(Type of identification)
~..c;Q1P~lh"'''''LOIUU AT LAl..
MY COMMISSION EXPIRES JULY 19, 1994 (
BONDED THRU AGENT'S NOTARY BROy.IlI...nl
(Printed typed or stamped
coDUDisaioned name of DOtary public)
Form PUR 7068 (Rev. 06/11192)
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APPLICATION FOR FUNDING FROM THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
EYEHI tWAE: Indian Key Festival
lOCATION: Indian Key State Historical Site
DATE OF EVENT: October 9, 1993 9AM to 5PM and October 10, 1993, 9AM to 3PM
FSTIMATrD ATTENDANCE: 4()()() (Based on 16 year history of event)
FVrNT DFSCRIPTION' The Indian Key Festival is an annual event with over 16 years of history. For the last
five years this event has been a production of FRIENDS Of THE ISlAMORAOA AREA STATE PARKS, Inc., an
official citizens support organization of the Florida Pork Service. Prior to this, the Islamoroda Chamber Of
Commerce produced this event.
Unlike many other festivals and events, the Indian Key Festival is not highly commercial, but focuses rather
on the history of the Florida Keys and South Florida. Visitors from around the country come to once again
walk the streets of the 1830's community of Indian Key, the first Dade County Seat, Post Mark and mail
leUers from the reactivated U.S. Post Office, and experience through reenactments, living history and
interpretation, the events that took place on the fateful day of August 7, 1840.
This event is unique in that it takes place on an off shore key, with all visitors and participants being
transported by boat to the event. This enables the visitor to truly experience the authentic Florida Keys
environment and in essence step bock in time to experience its history.
.lM.eACI Q[ f.YEHI ill:l TOURISM: Over the years thousands of calls ond letters have been received by the
Florida Pork Service, the Friends of the Islomorodo Area State Parks, ond the Islomorodo Chamber of ~
Commerce requesting information on the scheduling of the Indian Key Festival. These requests
demonstrate an attempt, by out-of-County visitors, to arrange vacation and travel to coincide with the
Indian Key Festival. Passenger logs for 1990, '91 and '92 Festivals indicate that over 501. of the visitors
are from out-of-County.
NAME Q[ SPONSORING ORGANIZATION: Friends of the Islomorada Area State Parks, Inc.
ADDRESS: PO BOX 236, ISLAMORADA, FLORIDA 33036
PHONE: (305) 664-4208
fAX: (305) 664-9326
CONTACT PERSON: SKIP HARING (305) 664-4208
HISTORY Q[ ORGANI7ATION: The Friends of the Islamorado Area State Parks, Inc. has 0 five year history of
service in Monroe County. The organization focus is on support of the Stote Parks within the Islomoroda
area. The objective of this support is to help preserve, maintain, and upgrade the historical and natural
resources of our parks, thus improving the visitor experience.
lhe Friends of the Islomorada Areo Stote Parks. Inc. have a five year history of preparing and effectively
implementing the Indian Key Festival. Each of the five festivals were assisted by T.O.C. funding
administered by the organization.
fk.~ '-
HISTORY Of ~ The Indian Key Festival has been produced fifteen times, the last four being produced
by the Friends of the Islamoroda Area State Parks. The past years have seen attendance between 2800
and 4000, primarily dependent upon the weather and sea conditions. Each year the program increases in
historical significance and involves more and more out-of-County participants and visitors. The volunteer
support suppled by residents from throughout the Keys has been and is expected to be tremendous.
Advertising funding, by lD.C., has been a very helpful in the past and we look forward to a continued
relationship in the future.
AMOUNT REOUESTFD. $20,000
.EJlEtil BUDGET: see attached
There is no expected profit to consider at this time. Any income above expenses would come from
donations. Such 'profit' would be used for projects in the Islamorada Area Stote Parks os approved by the
Florida State Parks.
This two day event has successfully drawn a large number of out-of-County visitors, who in turn support
various businesses throughout the Keys. The production, and manner in which it is presented, has a very
positive influence on all visitors attending the festival. The organization prides itself on its ability to
present the historical importance and natural resources of the Keys in a meaningful fashion. This project
will be completed with the help of approximately 180 member volunteers, 35 local businesses, 18 volunteer
groups from throughout the Keys and South Florida and at least 10 Local, State and Federal, Government
Agencies.
~~!J:J ~f /993
v Date
Lt. it Ir;~
~
The above mentioned organization holds Monroe County and the TOC harmless for any liability arising from
the funded event! activity.
SWORN AND SUBSCRIBED BEFORE ME 'THIS d g{ Y OF J V L Y 1923
~d I
MY COMMISSION EXPIRES: . ~ t:{a~
. Notary Public at Lorge
NOTARY PUBLIC STATE OF FLORIDA ate of Florida
MY COMMISSION EXP. OCT.19,1994 (SEAL)
BONDED THRU GENERAL INS. UNO.
I : I I.
'I /
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I)
1/
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,,:
6/15/92 Page 1
1993 INDIAN KEY FESTIVAL
BUDGET STATEMENT OF PROJECTED INCOME AND EXPENSES
April 17 and 18, 1993
EXPENSES
19'31 1992 19'33
FINAL FINAL BUDGET
PI:;:OI'lOT I ON:
Dade Ad ve'l't i sing 8,932.12 7,374.20 11,000 <TDC)
l'Ion'l'oe Ad ve'l't i si ng 1,169.70 2,199.28 2,000 (TDC)
Iea nne'l' 403.21 c!3.86 450 <TDC)
PI:;: & P'l'od uct i on 2,300.00 2,500 <TDC)
Other Publications:
S'!:;a t i r,>na'I'Y 18c!.00 100.00 200 <TDC)
Post Ca'l'ds 800.00 800.00 800 erDC)
B'l'och u res 350.00 365.00 400 <TDC)
Poste'l's 110.'t5 110.45 200 (TDC)
CClntingency 250.00 1,000 erDC)
TOTAL PROI'lOT ION 11,947.48 13,522.79 16,550
F~ESALE ITEMS:
T-Shirt!:; 355.20 1,926.00 1,000
Coins (DONATION) 100
PClf:>t: Card!:; (DONATION) 300
P'r' i nts (DONATIOI") 600
TUTnL.. F~E~)(lLE 355.20 1,926.00 2,000
PHYSICAL ARr~ANGEMENTS :
Port-o--Let Rental 37't.50 325.00 :1.,000
Gas, Fu~:?l & misc. 9't6.08 1,149.51 1,500
Si ~In!:; (DONATION) 200 <TDC)
Ba'r'!}f? r~~:? n t." 1 (DONATION) 't,OOO
B 0 c:\ -1'; HE~nta 1 (DONATION) 5,000
T 'r' a f fie (DONATION) 2,500
Tf.~nt; F~ent<:'\ 1 954.00 1,272.00 1,500
Buildin!) 1'I.:-\b?'l'ials 87.81 (DONATION) 1.000
TOTnL AFmANGEMENTS c!,362.39 2,746.51 16,-100
TI:;:OPH I ES:
St."ff ME-'mentos 65.00 315. c.~2 100
F~ ~:~ f? n i:\ c t (] 'r' nw ," 'I'd!;; (DONATION) ~100 (TDC)
TUTAL.. TFWPHIES 6~j. 00 3l5.2f.! 400
OTHEI:;: EXPENSES:
F~,,, f f 1 f:.' Tickets 11r:>.50 105.00 125
I:;: (,:? (,? n.;\ c t () 'I' Supplies '770.91 1,186.6:3 2, :500 (TDC)
C<'1stume!:; 1-12.48 ~,)OO
Cont i 11!) f?ncy 3~:'i0. 00 1.500
TOTAL.. OTHER EXPENSES :L, 240. 'tl 1,4(~'f.11 'f,625
nDI'I HIIST/:;:ATIVE:
CClc>rd i l'lc\to'l' (DOt~AT I ON) .It, 000
Ph OIH? '3~5. 00 (DONATION) ;,~50 erDC)
PO!:; ta ~I e 152.00 154.21 200 ( TI) C )
Cn p i f?!5 (DOI"AT IClI") (~OO
TClTAL ADI'U N I STRAT I VE 2.1t"1.00 1~;4.21 .It, 6~:;0
131:;:088 EXPEI'iSES 16,211.'t8 r.~0, 128.84 4.1t, 9c~5
Page 2
1993 INDIAN KEY FESTIVAL
BUDGET STATEMENT OF PROJECTED INCOME AND EXPENSES
DO"I(.H I ON AND IN
IUND SUPPOI:::T
INCOME
1991 1992 1993
FINAL FINAL BUDGET
2,lrI3.38 6,373.00 6,000
1,237.00 876.25 1,000
1,~H6.00 1,290.60 :1.,500
90-'+. 00 1,853.75 2, ~50()
388.00 235.00 500
125.00 345.00 500
1,800.00 1,300.00 2,000
8,6-'+3.:38 12,273.60 12,000
[7, ~:j7-'+.10] [7,855.2-'tJ [3e!,925J
11,9-'+7.52 11,873.48 <lDC) 20,000 <lDC)
(HI EXPENSE STATEMENT> 15,000
-'t, 3-13. -'t2 4,018.24 2, 0-I~j
-- -..---........ -..- -------- ---..--............-
-.. .... .... .... - _.. .... _.. --.--...-.-....- -.. -- .... .- .... .... .... ..-
DClna t; i on~)
R..dfle
S.:"Ile It;ems:
p()~)'t; Caorels
T---Shiorts
Ball Caps
l'1eOlbeof'sh i ps
Fooel
GI:::OSS INCOME
GROSS PROFIT [lOSS]
REIMBURSED BY TDC
NET PROFIT [LOSS]
* - FIGURES BASED ON PROJECTED EXPENSES AND REIMBURSEMENT FIGURES FOR
THE 1992 EVENT. FINAL FIGURES NOT RECEIVED FROM TINSLEY AS OF
THIS D('HE.
(TDC) - PROJECTED EXPENSES AND REIMBURSEMENT FROM TDC FOR 1993 EVENT.
THE ADVERTISING MIX IS ANTICIPATED TO BE SIMILAR TO PREVIOUS
YEARS EVENTS AND WILL BE DETERMINED BY TINSLEY ADVERTISING AND
THE FRIENDS OF THE ISLAMORADA AREA STATE PARKS, INC. STATS ON
MEDIA COMPANIES HANDLING ADVERTISING IN PREVIOUS YEARS ARE
AVAILABLE FROM TINSLEY ADVERTISING.
\pld 2~ I'I()_'
I ... t 1'1 11111"~ ~
MONROE COUNTY. FLORIDA
Rctltlcs( For Wailer
of
Instl ranec RClJtli rCll1cn(s
It is requested (hat the insurance re<]uirelllenls. as specified in (he County's Schedule of Insurance
Requirements. be waived or modified on the following contract.
Contractor: S; ~ ~ j( If If (\ t ~ J
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Signature of Contractor:
Risk Management
Approved )<'~ Not Approved
~-~/\fl~
o / 1 '-{/ q ~' L
Date
County Administrator apPC:II:
Approved:
Not Approved:
Date:
Board of County Commissioners appeal:
Approyed:
Not A pprmed:
MecllIlg Dale:
WAIVER
Florida DcparllucnL of
Environmental Protection
Lawtoll Chil,'~
GovenHlI'
Marjory Sloneman Douglas
3900 CommonwealLh Boulcvanl
Tallahassee, Florida 32399-3000
Vir{!:illill B. W,'II",!...1I
Secrctal'Y
August 23, 1993
Florida Keys Tourist Development Council
P. O. Box 866
Key West, FL 33041
To Whom it May Concern:
This is to confirm that the Friends of Islamorada Area state
Parks, Inc. is a citizen support organization which was
incorporated to assist state parks in the area around Islamorada
including Indian Key state Historic Site. This organization has
an agreement with the Division in accordance with Section 258.015
F. S. to conduct fund raising projects and special events on
behalf of the state park.
Since the organization's board are volunteers and the
organization is essentially a volunteer group, Sections 110.504
and 768.28 F. S. extends state liability coverage to this group
and the events it sponsors. Since the state assumes
responsibility, we cannot indemnify or hold the county harmless
nor purchase the $1,000,000 risk policy required by your
contract.
This letter should serve in place of this proof of
insurance. I have discussed this matter with the county's
attorney and was instructed to p.rovide this letter. If you have
any questions about this, please calr' me at (904-488-8242).
Sincerely,
/!!;!
Phillip A. Werndli
Coordinator of Volunteer Programs
Division of Recreation and Parks
PAW/pw
1
Printed on rer.yded Jl8rrr.