10/16/1996
FUNDING AGREEMENT
THIS AGREEMENT is made and entered into by and between the Soard of
County Commissioners of Monroe County, Florida, (hereinafter referred to as the "SOCC")
and The Friends of the Islamorada Area State Parks (hereinafter referred to as "Event
Sponsor");
WHEREAS, the Umbrella organization under contract to the SOCC 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;
WHEREAS, the Umbrella organization underwent personnel changes during 1995-
1996 which resulted in miscommunication and inefficient processing of agreements for
events scheduled at the beginning of the new fiscal years; and
WHEREAS, Event Sponsor followed those procedures, which it was directed to
follow, to obtain funding for an October 5-6, 1996 event; and
WHEREAS, the parties had entered into an October 1, 1994 Agreement whereby
County was to fund an October 1995 Indian Key Festival; and
WHEREAS, pursuant to said agreement, certain promotionat~md adv~ising~osts,
but not all of the allocated funds, were expended due to event can~lati.9n fo"'NNea~er
reasons' and A.:.: c- ::::J
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WHEREAS, the SOCC finds it in the best interests of adverti~ngand Pfomotrng
tourism in the Florida Keys to apply the balance of the previously aH~cated f~ds a~ng with
monies previously budgeted for the purpose of the 1996 Indian KeyFestival;')jow ~
.t:>. ~T'
THEREFORE; in consideration of the mutual promises contained herein, the parties
agree as follows:
1. SOCC shall pay to Event Sponsor a sum not to exceed ($20,359.00) twenty
thousand three hundred fifty nine dollars for promotion and related expenditures, as
described in the event budget, attached hereto as Exhibit A, in producing Indian Key
Festival, October 5-6, 1996. Such funds as remain unexpended from the October 1, 1994
agreement shall be applied to expenditures under this 1996 agreement, with the difference
between the sum allocated above and the 1994 "roll-over" to be expended from the current
budgeted allocation of $20,359.00. The remainder of said allocation shall be payable only
for advertising and promotional expenses related to the 1997 Indian Key Festival if one
should be scheduled. 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 SOCC.
October 4, 1996
2. The term of this agreement shall commence Oct. 1, 1996, and terminates
Sept. 30, 1997.
3. Event Sponsor shall provide promotion and related services as described in
the Sponsor's application for funding, Exhibit B, attached hereto.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.1 0-1990. 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.
October 4, 1996
10. "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
cS/=j:nt~
(CORPORATE SEAL)
Attest:
The Friends of the Islamorada Area State Parks
By
~Y-~
By.
OR
Secretary
President
Witness
October 4, 1996
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