FY1996 10/18/1995so' r 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 the Florida Keys Community College (hereinafter referred to as
"Event Sponsor");
WHEREAS, the umbrella organization under contract to the BOCC has
a
recommended to the Monroe County Tourist Development CoutVil -Per�afte-r
_
"TDC"), which has endorsed the recommendation, that certain monies�e illocaod fg
promotion of an event; o T,
THEREFORE, in consideration of the mutual promises contained. herein, th
parties agree as follows:
1. BOCC shall pay to Event Sponsor a sum not to exceed $1 V00.W
(twelve thousand five hundred dollars) for promotion and related
expenditures, as described in the event budget, attached hereto as Exhibit A, in
producing the Tennessee Williams Fine Arts Center '95-'96 Season on
November 18, 1995 - April 28, 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. 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.
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 /8t� day of Ot i- . 1995.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Deputy Clerk
(CORPORATE SEAL)
Attest:
Y
Secretary
WE
Witness
Approved as to form and legal sufficiency:
Date:
Board of County Commissioners
of Monroe County
Florida Keys Community College
By.
President
ON
TennesseeWilliams illiams Fine Arts t � � � Center �
1995-96 Budget/ Advertising - TDC Monies
*denotes advertising which a portion either originating out of district, or viewed out of district
because of scope of broadcast or distribution
Brochure $ 3,000 *
Posters $1,600
Radio $ 3,000 *
Newspapers $ 4,000 *
Coop -Ad $ 900 *
$12,500
Tennessee Williams Fine Arts Center
1995-96 Season
FKCC CHOIR/Emily Boyd Lowe and
THE GALLIARD BRASS ENSEMBLE
December 1,19915 8-00 P.M.
THE GALLIARD BRASS ENSEMBLE
Chamber Music Series
December 2,1995 8-00 P.M.
'TWAS THE NIGHT BEFORE CHRISTMAS
A NEW MUSICAL ADAPTATION OF THE HOLIDAY CLASSIC
By Kelly Moore & Bruce Peterson
December 15,16,17, 22,1995
THE OVRUSKY FAMILY
Chamber Music Series
January 6,19% 8.:00 P.M.
AN EVENING WITH SHIRLEY JONES
January 13,1996 7:30 P.M. Founders Evening
January 1419% 8:00 P.M.
BOBBY NESBITT
"WITH A LITTLE HELP FROM MY FRIEND"
(A fun -filled evening of duets and show tunes
performed by your favorite local entertainers)
January 26,1996 8:00 P.M.
THE CORE ENSEMBLE
Chamber Music Series
February 2,19% 8:00 p.m.
"THE SISTERS ROSENSWEIG"
by Wendy Wasserstein
February 16,17, 23, 24, 25
THE AMADEUS TRIO
Chamber Music Series
March 1,1996 8:00 P.M.
ST.PETERSBURG BALLET OF RUSSIA WITH GALINA MEZENTSEVA
March 8,1996 7.30 P.M. Founders Evening
March 9, 1996 8:00 P.M.
FKCC Choir/Emily Boyd Lowe
OROTARIO/TBA
March 15,19% 8:00 P.M.
FKCC Choir/Emily Boyd Lowe
Concert at Fort Zachary Taylor, April ? 1996
SWORN STATEMENT PURSUANT TO SECTION 287.133(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 ADMINISTER OATHS..
1. This sworn statement is submitted to Monroe County Tourist Development Council/BOCC
by William A. Seeker [Prins name of the public entity]
[print individuai's name and flues
for Florida Leys Community College
[print name of entity
whose business address is
Sworn szatementl
5901 W. College Road
Key West, FL 33040 _
and (if applicable) its Federal Employer Identification Number (FEIN) is 591209205
(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 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 coon of record relating to charges brought by indictment or information after Julv 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 beiie4 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
STAMTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION SECM THIS FORM.
Y [signature]
Sworn to and subscribed before me this= day of 19
PersonaiIv known ✓ ���/
OR Prcducad identification Notary Public - State of
('IYpe of identification)
Form PUR '068 (Rev. 06/111K)
My commission expires