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FY2001 10/19/2000 iDannp I. }&olbagt BRANCH OFFICE 3117 OVERSEAS lllGHWA Y MARATIiON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF TIiE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS lllGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: November 13,2000 TO: Lynda Stuart, Office Manager Tourist Development Council FROM: Maxine Pacini Administrative Assistant Pamela G. Hancoc1..k Deputy Clerk U ATTN: At the October 19, 2000, Board of County Commissioner's Meeting the Board granted approval and authorized execution of the following: Cultural Events Funding Agreements for Fiscal Year 2001 commencing prior to January 30,2001, totaling $168,769: Key West Writers Workshop Key West Symphony Orchestra Waterfront Playhouse Pirates in Paradise Key West Jazz & Blues Festival Key West Craft Show Art Under the Oaks Tennessee Williams Fine Arts Council Red Barn TheatrelLive Theatre Island Jubilee 14th Annual Island Art Fair Key West Literary Seminar Florida Keys Renaissance Faire XVII Funding Agreement between Monroe County and Lower Keys Chamber of Commerce covering Oktoberfest 2001 on October 6, 2001 in an amount not to exceed $5,600, Fiscal Year 2001, Two Penny Cultural Umbrella Funding. Fishing Event Agreement between Monroe County and Fishing and Conservation Trust for production of the Metropolitan South Florida Fishing Tournament Mini-Met. Cultural Event Agreements for Fiscal Year 2001 totaling $14,637: Pigeon Key Art Festival Old Island Days Art Festival 17th Annual Underwater Music Festival Attached are two duplicate originals of the above for your handling. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator w/o document Risk Management w/o document File County Attorney Finance 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 Red Barn Actors Studio, 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 (hereinafter "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 a sum not to exceed $18,824.00 (Eighteen Thousand and Eight Hundred and Twenty Four Dollars) for promotion and related expenditures effective October 1, 2000, as described in the event budget, attached hereto as Exhibit A, for production of the Red Barn Theatre/Live Theatre on October 1,2000 through September 30, 2001. Payment will be made only after Event Sponsor submits invoices and support documentation acceptable to the County's Finance Department. 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. 2. Event Sponsor shall provide promotion and related services as described in the Sponsor's application for funding, Exhibit B, attached hereto. All advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the Tourist Development Council (TDC) and BOCC. The agencies of record, shall receive payment of work in progress upon submission of documented invoices associated with said event. Event sponsor fully understands that funding is obtained from tourist development taxes for which the fiscal year ends September 30, 2001. Event sponsor also understands that the funding process through which this contract was made available by County requires event sponsors to submit their payment requests as quickly as possible and to finalize all such requests before the end of the fiscal year, if at all possible. In order for the tourist development taxes to be utilized most effectively for the purpose for which they were authorized, attracting and promoting tourism, the budgeting process of the County requires the event's funding to be concluded in a timely manner. In recognition that the timeliness of payment requests is of extreme importance to the funding of future advertising and promotion for the stability of the tourist- based economy, Event Sponsor agrees to submit by September 30,2001, all invoices and support documentation as required by the County's Finance Department rules and policies. Event sponsor shall not be reimbursed nor.~..iJ1 ~vent Sponsor's vendors be paid directly for any invoices received after September 30~ 26~~~~or events with promotional expenditures occurring from August 1 th~&#p~flWcJ30, 2001, invoices must be submitted within ninety (90) days of the conclusion of the event. 1 Z, :" W~ t I AON 00 O~O:J3H ClO.:J 031U Red Barn TheatrelLive Theatre Cultural Umbrella Funding FY 2001 3. 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. 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. Should event involve the serving or distribution of alcoholic beverages, Event Sponsor shall obtain prior to the event a Liquor Liability insurance policy naming Monroe County as a co-insured. 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 of the termination. 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.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. 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. " 2 Red Barn Theatre/Live Theatre Cultural Umbrella Funding FY 2001 WITNESS: By. Board of County Commissioners of Monroe County c:SL..:':l-j;.~.. ..- "'_ Mayor/ hairman Red Barn Theatre/Live Theatre Cultural Umbrella Funding FY 2001 3 TOfJNST OEWELCPMENf couHCIL CULlUM. UM8A!UA APPROVED BUDBET aAEAKDDWN FISCAL VDR DIWQOt t;.VENT NAME: Red Bam Theatre . DlAECT MAlL a pOI'T'AG& S 300.00 BFlOCHUAEG, POeTERS, PROG~8 I 4,500.00 350.00 PUBLIC AELA11QNB . PHaro PROGRAM S 1,000.00 MmIAADWFmtlNB . 12,674.00 T-8HR1'9. CAPI. .IACiCET8 . ..gENEFW- - NON All neATED . TOT~ 18,824.00 EXHIBIT A ~EUL NON-"- L~~EIJ 1S.".1O acED t. OF TIE_auNT AWNfIJtJD BYT"I! MaIIltOE COUNTVTOUII. DEYEI.OPIIIEIft' covraL FaR 1It181PBW1C EVENT. .MIIUIlIMaUDTCMI- .~.. EXHIBIT B EXHIBIT E MUST BE APPROVED TO THE AGENCIES OF RECORD MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA SCHEDULE OF EVENTS FISCAL YEAR 2000/2001 NAME OF EVENT: Red Barn Theatre Please list aii scheduled activities in date and time order: *11 pre-promotion Is to be considered Indicate the dates of the next season The following is a Schedule of events from October 1, 2000 through September 30, 2001 Key West Theatre Festival Oct 5-15 Word of Mouth starrin2' Tames Lecesne '" ..... Charles Nelson Reilly I Love lou, lou're Perfect, Naw Chan${e by Joe Dipietro The Ride Dawn Mt. Morgan by Arthur Miller The Vagina Monologues by Eve Ensler Art bv Yasmina Reza '" Betty's Summer Vacation by Christopher Durang Honky Tonk An${eis at Tne San Carlos Institute Children's classes and perfonuances April - june Adult classes and performances by Carole MacCartee July - September