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FY1997 10/16/1996FUNDING 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 Theatre (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 ($20,000.00) twenty thousand dollars for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit A, in producing Red Barn Theatre/Live Theatre, Oct. 1996-July 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 BOAC. 21 Q" -n 2. Event Sponsor shall provide promotion and related serves dd'crilid in the Sponsor's application for funding, Exhibit B, attached hereto. r CO 3. Event Sponsor shall reimburse BOCC for any amount offuexq@nded by BOCC in connection with an event which does not occur as a result of -air Uct o�m3fssion by Event Sponsor. CD H rn U'1 v 4. Event Sponsor covenants and agrees to indemnify and IWId harmress Monroe I 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. 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 13, 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. " ESS WHEREOF, each party has caused this Agreement to be executed by :ed representative, the V�tp-- day of (ncttfret-..1996. Ihage, Clerk uty (CORPORATE SEAL) Zst: .A Secretary OR Witness Board of County Commissioners of Monroe County Mayor/airman Red Barn Theatre APPROVED AS TO FORM AND L L SUFFICIE BY NNE . HU N DATE June 25, 1996 D Red Barn Theatre 1996-97 Advertising Budget PRINT ADS _ ; = �' ` J $10,300.00 POSTERS & FLYERS = 2,000.00 (design, printing, distribution) BROCHURES L- 4,000.00 (design, printing, distribution) PHOTOGRAPHY 1,100.00 DIRECT MAIL L �',3 400.00 R:',T:IO,rT'N.' 2,200.00 TOTAL $20,000.00 <✓-- -7Zr /zo EXHIBIT b 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 96 - July 97 Theatre Festival - October 3 -13, 1996 Preseason show - November 27 - December 1, 1996 1st show - December 11 - January 19 2nd show - January 29 - March 23 3rd show - April 2 - May 4 4th show - May 14 - June 15 5th show -Tuly 2 - Tuly 20 Expanded Outreach Program: - Children's Christmas Matinees - Poetry Slams - Monday/Tuesday nights to run through the spring. - 2 staged play readings to run 3 days each January & March. - Auxiliary space productions - one at TWFAC, one at a space TBA, to run a fundraiser cabaret and an alternate musical. In its commitment to off-season tourism the Barn offers the visiting patron an opportuni to experience the uniqueness and professionalism of South Florida Theatre by keeping the Barn accessible 7 nights a week, sometimes with 2 different shows 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 Sylvia- by A.R. Gurney; Suds - a musical; The Food Chain by Nicky Silver, Made in Key West; Richard Wilbur's Moliere Translation; Bambi, A Life in the Woods, a children's play Schedule will be confirmed by August pending royalty agreements. 12345 CEU APPLICATION - PAGE THREE