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FY2000 10/13/1999 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 Key West Symphony Orchestra, 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 $25,000.00 (Twenty Five Thousand Dollars) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit A, for production of Key West Symphony Orchestra 1999-2000 Concert Season on November 17-20,1999; February 2-5,2000; April 12-15, 2000 and June 4, 2000. 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. In order for event sponsor to be re- imbursed for expenditures, the invoices must be submitted no later than August 3, 2000. 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 September 8, 1999 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 TVVO for a period of 36 months from the date of being placed on the convicted vendor list. " IN WITNESS WHEREOF, each party ~ caused this Agree!TIent to be executed by its duly authorized representative, the I ~ day of (5JC / , 1999. ,.' ."..--' ,'~~~r- '\, .::: ~s~h L. Kolhage, Clerk ',' -::.-:-,,r(:(" Board of County Commissioners of Monroe County ~C1-L.~ Q Q. .~~ Deputy Clerk - 't>. - ~\ . " \,k:>...Jl..~~~""""",~"'''-.,;. \ <""'l-->}~~ Mayor/Chairman WITNESS: Key West Symphony Orchestra, Inc. By. ~ By i - ",-' J ] }r.a:-r ~ent O~ September 8, 1999 EXHIBIT A Key West Syrnpb9ny Orchestra 1999-2000 Cultural Umbrella Funds Budget Direct Mail & Postage Brochures, Posters, Programs Public Relations Photo Program Media Advertising In county Out of county General non-allocated $ 2,500 $ 6,000 $ 1,000 $ 250 $ 1.500 $13,000 .$ 750 TOTAL TOe FUNDS $25,000 MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA SCHEDULE OF EVENTS FISCAL YEAR 1999/2000 NAME OF EVENT: Key West Symphony Orchestra 1999-2000 Season Please list all scheduled activities in date and time order: Children's Concerts Masterworks Concert Conductor: Sebrina Alfonso Zwilich: Prologue and Variations Beethoven: "Triple Concerto" Jerusalem Trio, soloists Mozart: Symphony No. 41 November 17, 1999 November 19 & 20, 1999 Children's Concerts Masterworks Concert Conductor: Sebrina Alfonso Mozart: Overture to the Marriage of Figaro Brahms: Piano Concerto No. 2 Christopher Taylor, piano Ginastera: Variaciones Concertantes Kodaly: Galanta Danses February 2, 2000 February 4 & 5, 2000 Children's Concerts Masterworks Concert Conductor: Sebrina Alfonso Rossini: Barber of Seville Overture Sibelius; Violin Concerto Ayak.o Yoshida, violin Tchaikovsky: Symphony No. 5 April 12, 2000 April 14 & 15, 2000 Family Concert June 4, 2000 Conductor: Sebrina Alfonso 9:30 & 10:45 8:00 PM' 9:30 & 10:45 8:00 PM 9:30 & 10:45 8:00 PM TBA EXHIBIT B , ..'