FY1995 09/21/19940
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
Zannp 1. Iftotbagc
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
October 5, 1994
Mayor Samuel J. Feiner, Chairman
Monroe County Tourist Development Council
3406 North Roosevelt Boulevard
Key West, FL 33040
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
Dear Mayor Feiner:
At the September 21, 1994 meeting, the Monroe County
Board of County Commissioners granted approval and authorized
execution of the following documents:
An Agreement between Monroe County and Stuart Newman
Associates, Inc., for a period of 36 months, commencing on
October 1, 1994 and terminating September 30, 1997, to provide
public relations coverage to Monroe County.
A Funding Agreement between Monroe County and the Red Barn
Actors Studio, Inc., covering the Red Barn Theatre Festival,
November 16, 1994 through June 18, 1995, in an amount not to
exceed $20,500.00, Fiscal Year 1995, Two Penny, under the
Cultural Umbrella.
A Funding Agreement between Monroe County and the Lower Keys
Chamber of Commerce covering the Island Art Fair from December
10, 1994, in an amount not to exceed $2,300.00, Fiscal Year 1995,
Two Penny, under the Cultural Umbrella.
A Funding Agreement between Monroe County and
the a=covering
November 26, 1994 through April, 1995 in an994amountsnototofrom exceed
$18,400.00, Fiscal Year 1995, Two Penny, under the Cultural
Umbrella.
A Funding Agreement between Monroe County and Key West
Players, Inc., covering the Waterfront Playhouse, November 1994
through May 1995, in an amount not to exceed $19,425.00, Fiscal
Year 1995, Two Penny, under the Cultural Umbrella.
FUNDING AGREEMENT ,l_E D 1�,' REC(?
THIS AGREEMENT is made and entered into by Ad b& e"h fi-�'�oard of
County Commissioners of Monroe County, Florida, (hereinafter referred to as the
"BOCC") and the Florida Keys Community College/Tennesses'._Williams Fine Arts
Center, (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 to Event Sponsor a sum not to exceed eighteen
thousand, four hundred dollars ($18,400.00) for promotion and related expenditures,
as described in the event budget, attached hereto as Exhibit A, in producing the
Tennessee Williams Fine Arts Center 1994-1994 Season, on November 26, 1994
through April, 1995. 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 '-day of S f-P±. . 1994.
(SEAL) Board of County Commissioners
Attest: Danny L. Kolhage, Clerk of Monrge*¢oU* _
(CORPORATE SEAL)
Attest:
M
o
Secretary
Witness
Approved aq to form and legal sufficiency:
Date: 9
ay—or/Chairman
F('ida Keys Community College/
Tenneesee Williams Fine Arts Center
By
President
0)
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES. ON PUBLIC ENTITY CREKES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS..
1. This sworn statement is submitted to rlonroe County Tourist Development Council/Q6ee
by, William A. Seeker [Print name of the public entity]
[print Individual's name and.Utle
for Florida Keys Community �ollege
[print name of entity submitting sworn statement]
whose business address is
5901 W College Road
Key West, FL 33040
and (if applicable) its Federal Employer Identification Number (FEIN) is JYlc?,6 9aD,S'
(If the entity has no FEW, 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 Statutes, 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 "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 knowingly
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 belief; 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, 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. However, there has been a subsequent proceeding before a Hearing Officer of the State of 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 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 FILED•
I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING
INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAR41M IN THIS FORM.
[signature]
Sworn to and subscribed before me this day of
Personally known _
OR Produ; identification
(Type of identification)
Form PUR 7068 (Rev. 06/11/92)
Cj
Notary 'Public - State of
My commission expires O i ►D� Q
(Printed typed or stamped
commissioned name of notary public)
SS 26,
'lt i • � 4D � 1c
t #CC 385901 ; o
FKCC ID:3052925164 SEP 02'94 12:40 No.005 P.02
EXHIBIT "A"
Tennessee Williams Fine Arts Center
1994-95 Revised Budget/Advertising-TUC Monies
*denotes advertising which a portion either originating out of district, or viewed out of district
because of scope of broadcast or distribution
Brochures
$ 2,885*
Art Production for Print Ads
$ 600
Newspapers
$ 5,000*
Co-op Ads
$ 1,215*
Radio in -district
$ 4,000
out -district
$1,500*
Posters (set-up & designs)
$1,300
Posters
$1,900
total
$ 18,400
EXHIBIT "B"
TENNESSEE WILLIAMS FINE ARTS CENTER
1994-95 Season
BENJAMIN LUXON, Baritone
November, 1994*
VELONA STRING QUARTET
November 26 or 27, 1994*
Miami Ballet/THE NUTCRACKER
December 3 & 4, 1994
FKCC Choir/Emily Boyd Lowe
December 6, 1994
WARSAW WIND QUINTET
January 13 or 16*
LOST IN YONKERS
February 3, 4, 10, 11, 12, 1995
WALLINGER STRING QUARTET
February 18 or 20, 1995*
TOURING SHOW/TBA (2 performances)
March 1 through 11, 1995*
HOW TO SUCCEED IN BUSINESS WITHOUT REALLY TRYING
March 31, April 1, 7, 8, 9, 1995
SCHUMANN STRING QUARTET
Date TBA*
FKCC Choir/Emily Boyd Lowe
April 28 or 29*
* specific dates to be determined
Tennessee Williams Fine Arts Center
Florida Keys Community. College
94-95 Season
Nov 4 8PM Benjamin Luxon, Baritone
Derek Hyde, Accompanist
Nov 5 9-5PM Vocal Workshop with Benjamin Luxon
and Emily Boyd Lowe
Nov 26 8PM Wilanow String Quartet
Chamber Music Concert
Dec 3 8PM Nutcracker Suite
Dec 4 2PM performed by the Miami Ballet
Dec 9 8PM FKCC Choir/Rutter's Gloria -Songs of the Season
Emily Boyd Lowe, Conductor
Dec 10 8PM An Evening with Gordon Ross
Jan 14 8PM Warsaw Wind Quintet w/ Michiko Otaki
Chamber Music Concert
Feb 3-4 8PM Lost in Yonkers
10-11-12 Sunday matinee on Feb 12 produced by TWFAC/Founders Society
Feb 13-17 schedule TBA Vocal Workshop with Derek Hyde
and Emily Boyd Lowe
Feb 19 8PM Wallinger String Quartet
Chamber Music Concert
March 3 8PM
March 10-11 8PM
March 20 8PM
April?-8 8PM
14-15-16 Sunday matinee on April 16
April 28 8PM(Fort Zachary Taylor)
(rain date 4/29)
FKCC Choir/Verdi's Requiem
Emily Boyd Lowe, Conductor
An Evening of Jazz starring Joe Donato
with the Dave Burns Trio
Wallinger String Quartet w/ Michiko Otaki
How To Succeed In Business Without Really
Trying, produced by TWFAC/Founders Society
FKCC Choir/Songs of World War II
Emily Boyd Lowe, Conductor