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FY1996 10/18/1995FUNDING 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 the Red Barn Theatre (hereinafter referred to as "Event,Sponsor"); WHEREAS, the umbrella organization under contract to je-$OC has'' recommended to the Monroe County Tourist Development Couh �hergnafto T "TDC"), which has endorsed the recommendation, that certain money$. be alloc'ted 1`0 promotion of an event; r THEREFORE, in consideration of the mutual promises contained heigin, t parties agree as follows: -J 70 1. BOCC shall pay to Event Sponsor a sum not to exceed $24,000.00 (twenty four thousand dollars) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit A, in producing the Red Barn Theatre/Live Theatre, on October 1995-June 1996. 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. 2. Event Sponsor shall provide promotion and related services as described in the Sponsor's application for funding, Exhibit B, attached hereto. 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. 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. 1 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. 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/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, each party has caused this Agreement to be executed by its duly authorized representative, the /8�day of O��'. , 1995 (SEAL) Attest: Danny L. Kolhage, Clerk .� Deputy Clerk (CORPORATE SEAL) Attest: B,j Secretary Board of County Commissioners of Mo roe County Mayor hairman Red Barn Theatre Pre ' nt Witness Approved as to form and legal sufficiency: _ <1't�- ezt Date: S I/- / C>v tAR� � � � r Honorary Board of Directors Steve Bennett Philip Burton Kathleen Elgin Daphne Farago Florence Fox -Loeb Nancy Friday Mark Orafi Jerry Herman Ann Irvine Lynn Kephart Sally Lewis Jim McLeman James Merrill Jolu'l D. Mitclicll Bill Sellers David Spangler Ed & Linda Swift Frank Taylor Gerry Tinlin Richard Wilbur Joy Williams Joe Wilt Executive Staff Mimi McDonald Msn&&j; Dirccuar Joy Hawkins Artistic Director Oary McDonald Tss hnical Director/Designer Tom Murtha Rns Ofice & Bar Manager, Oro+up Sales RED BARN THEATRE 319 Duval Suva in 00 Town Key West Red Barn Theatre 1995,96 Advertising Budget PRINT ADS POSTERS & FLYERS (design, printing, distribution) BROCHURES (design, printing, distribution) PHOTOGRAPHY DIRECT MAIL RADIO/TV TOTAL $I 2,500.00 2,000.00 4,000.00 4t�L�.00 200.00 $24,400.00 Mailing address: Post Office Box 707 • Key West, FL 33041 . (305) 2969911 Business Office & FAX (305) 293.3035 EXHIBITP) .COMMITMENT TO THE EXPANSION OF OFF SEASON TOURISM IN MONROE COUNTY: (outline goals and objectives and describe in detail the proposed event) Date of Event - 37 weeks from October 95 - June 96 Theatre Festival - October 2 - 15, 1995 Drccoacnn chnw - Nnvemher 16 - 19. 1995 1 st show - December 13 - January 14 2nd show - January 31 - February 25 11M chnw - March 6 - March 31 4th show - April 10 - May 5 5th show - May 15 - June 9 Expanded Outreach Program: - Children's musical to run from Thanksgiving thru New Years on weekend matinees and daily Christmas week. - Poetry competitions- Monday nights, monthly from January - May. The Barn will be searching for venues to tour successful shows up the keys to culturally underserved parts of Monroe County during off-season. This year TWFAC was rented 2 nights by the Barn to accommodate the huge success of Always Patsy Cline which opens the door for future programming expansion. - In its commitment to off-season tourism the Barn offers the visiting patron an opportunity to experience the uniqueness and professionalism of South Florida Theatre by keeping the Barn accessible 7 nights a week, sometimes with 2 different show playing in one night. (Example: 94-95 season featured Falsettoland at 8:00 and Funny Gay Males at 10:00 for 10 nights, with the Poetry Slam on the dark Monday) nine months of the year. The Barn offers acting workshops and playreadings during the summer months. Shows under consideration are Country Mouse/City Mouse - a children's musical Forever Plaid The Rain Maker Jeffrey The Real Inspector Hound Schedule will be confirmed by September pending royalty agreements. 12346 CEU APPLICATION - PAGE THREE SWORN STATEMENT PURSUANT TO SECTION 237-133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITy CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMIIVISTER OATHS.. 1. This sworn statement is submitted to-xlm ,(� by P r ran � N r,qw►rj n [Pant ate of th ubllc entity] [print name'of entity submitting sworn statementj whose business address is v A CV -76 7 and (if applicable) its Federal Employer Identification Number (FEIIN) is (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 services 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 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutesmeans a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in anv 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 'affiliate" 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 has been convicted of a public entity crime.. The term "affiliate' includes those officers, directors, executives, partners, shareholders, employees, members, 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, shall be a prima facie case that one person controls another person. A person who lmowin¢iv enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 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 belie!; the statement which I have marked below is true in relation to the entity submitting this sworn statement (indicate which statement applies.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate 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, executives, 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 submitting this sworn statement, or one or more of its officers, directors, eiecrttives, 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 p-blic entity crimesubsequent subsequet to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer the State 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 copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY METr FIF-D III PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORINI 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 ENTITY PRIOR TO DnERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 2sur, FLORIDA ST—AM S FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED LET THIS FORM. (signature] Sworn to and subscribed before me this _ day of Personally known (� OR Prcducc;d iucnti icatiou ("l)'pe of identiEcation) Form PUR 7068 (Rev. 06/11/92) Notary Public - State of WA My commission e=/p/ires � V/ ZZ x r � � _ t-It a1 j (Printed typed or stamped commissioned name of notary public) CHARLOTTE M. Hovls ••s MY COMMISSION / CC374925 EXPIRES Pr May 22. 19% 1ONW THRU TROY FAIN INSURANCE, INC.