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FY1995 06/17/1994BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (3O5) 292-3550 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 October 11, 1994 Mayor Samuel J. Feiner, Chairman Tourist Development Council 3406 North Roosevelt Blvd. Key West, FI. 33040 Dear Mayor Feiner: As you know, on June 17, 1994, the Board of County Commissioners of Monroe County granted approval and authorized execution of a Funding Agreement between Monroe County and Marathon Community Theatre, Inc., covering the Marathon Community Theater Festival from November 18, 1994 through April 8, 1995, in an amount not to exceed $5,000.00,Fiscal Year 1995, Two Penny, under the Cultural Umbrella. Attached for your follow-through are two certified copies of the above named contract - one for return to the Marathon Community Theatre, Inc., and one for your files. If you have any questions on any of the above, please do not hesitate to contact this office. CC: Sincerely, Ruth Ann Jantzen Deputy Clerk County Attorney Finance, c/o Karin Goddard County Administrator, w/o document Risk Management, w/o document File 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 Marathon Community Theater, 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 "TOC"), 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 five thousand dollars ($5,000.00) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit A, in producing the Maratl)on ComlJlunj~ ;-:; \0 - - Theater Festival, on November 18, 1994 through April 8, 1995.~ Payme~will ~e made only after submission by Event Sponsor of invoices and suppijrt:8ocurftntatt?n -l ' acceptable to the Finance Department of the Clerk of the Circuit COuR. Tbe .-- --" ", advertising and promotion budget for County funding may be altered ~ to tlJe individual line items, or components, within 10% of the amount stated for that item,:(>r o .:-;:: component, without increasing the total dollar amount and without requiring~ writt~n 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) \sf- day of 5ef>-r . . 1994. llurAj~t:'J:~9:~ (CORPORATE SEAL) Attest: nty Commissioners ounty ~ \::;#74'~~_ (SEAL) Attest: Danny l. Kolhage, Clerk Secretary Marathon Community Theater, Inc. By9Je~L9 resident By OR ( Witness ' Approved 1. ~ form and legal sufficiency: ~ A # Date: q ~ 91 I 2 SWORN STATEMENT PURSUANT TO SEcrION 287.133(3)(a), FLORIDA STATUTES. ON PUBUC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBUC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OAms. . .../ 1. This sworn statement is submitted to '"1 fJ J: /!I r II 01'1 '-- 0 ,,-'11"'1 ,f/.v / T r /1I~'1 Tfl-c //,/ C ,/ . , [ t name or the pubUe entity) by L"/EV/f' " (. /:1- /C / RE.Jj~? ,,/ [print individual's name and title) ...r; / for mJfl/ll9-r1HP7 G-~W);'lJ (')N/T~ LLz:.~~~"'Z- /Uc [print name or entity submitting sworn statement) whose business address is PC) de}.J( S-d eJ /~ '/ m /;/l ;J-- r //tI" .;::- '- .3 .$~..s-O and (if applicable) its Federal Employer Identification Number (FEIN) is ..rq - / (, '1:( .3 () D (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 6 .) 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 seivices 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 wbich I have marked below is true in relation to the entity SUjOtting this sworn statemenL [indicate which statement appUes.] . . 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 oonvicted 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, panners, 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 oonvicted 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, panners, 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 oonvicted 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 Fmal 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 lisL [attach a copy of the flnal order] - I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBUC ENTITY m~ llUJill IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBUC 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 PUBUC ENTITY PRIOR TO ENTERING INTO A CONTRAcr IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SEcrION 287.017, FLORIDA STATUTES FOR CATEGORY '!WO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ~/l7~ ~ [sigDature] Sworn to and subscribed before me this J ..3 day of ~ €P~ JJ-B/L . 19GY. OR ProducOO identification '- 9o;m~ t1rLubv? Notary Public - S te of' HIe H I b. Jq IIJ My oommission expires / d. - I a - q 4 -rAm~ F. ~RtLt3tR. (printed or stamped commissioned name of notary public) Personally known /' (Type of identification) Form PUR 7068 (Rev. 06/11192) EXHIBIT nAn ~~~~w~ P.O. BOX 3353 MARATHON SHORES. fl. 33052-3353 ADVERTISING BUDGET 1994.95 SEASON Collateral Advertising Brochures......... hh_.........._.... ....... ...... ............. .._....... u.u ....__....... ,.00.$ 1.500.00 Distribution throujh 2 area bank's Nov~mber statements, hotels motels. offices. businesses, Chamber ofComtnerce Offices. Media Broadcast.... '00""_'" .............. ............. ............. ... ........ ........... ..h.'........ 0.00 PSA's; In county Key Chain Broadcast WUS I RaJio Public Broadtast Radio Out of County Public Broadcast Radio Print, Out of County. New Tunes................................................ ...... 500.00 PSA's-Miami HeraId~ Fl. Lauderdale Sun Sentinel. Palm Beach County Paper In County.................... ...... .__. ..... .............................. ....... .......... 0.00 PSA:s- Reporter. Free Press, Keynoter, Keys Advertiser. Key West CitimJ. SoJ~~ Hill. Island Navigator TeJC'Vision... - "..........." ........---.. ..... .... I.... ......... ...... - ......... ....... I.... ...... .........t ........... ...,." ........... 0.00 PSA's-TCl Channel S. Chann~116. Publie Broadcast Channel 2 Magazines__...... .................-................ .,............, ........ It. .... ",.... I...... _. .... .". 0.00 Inclusion in Town & Country Magazine Ad for Middle Keys Total requested........:...._....... ........., ............. ...... '" ..... _. .........u... ..$2.000.00 OUR CONCERTS INDUCE TOURIST WHO ARE HERE TO STAY LONGER AND MOTIVATE PEOPLE TO VISIT MONROE COUNTY IN THE FUTURE. " '.~ EXHIBIT "B" Marathon community Theater Marathon community Theater 1994-95 Performances "One Night Only: Broadway One More Time" - a dinner theater variety show October 22, 1994, 6:00 p.m., Sombrero Country Club "Rumors" - comedy November 18, 19, 25, 26, and December 2, 3, 8, 9, 10, 1994, curtain 8:00 p.m., Key Colony Beach City Hall "No Sex, Please, We're British" - comedy January 13, 14, 20, 21, 27, 28, and February 2, 3, 4, 1995, curtain 8:00 p.m., Key Colony Beach city Hall "Anything Goes" - musical March 3, 4, 17, 18, 23, 24, 25, 30, 31 and April 1, 7, 8, 1995, curtain 8:00 p.m., Key Colony Beach City Hall Choral performances TBA EXHIBIT "A" Marathon community Theater Revised Budget for Advertising and PR EVENTl 1994-95 production Schedule PLACE I 1 performance at Sombrero Country Club, Marathon 20 performances at Key Colony Beach City Hall XCB Amount Awarded Distribution Public Relations Advertising] Radio $ 500.00 Stuart Newman $ 500.00 **Total $1,150.00 $ 350.00 S 500.00 $5,000.00 wwus $ 250.00 WAVE $ 250.00 WFKE WPIK WWUS WAVE WKRY Dade\Broward Stations Miami Herald $ 500.00 The New Times $ 500.00 Free Prese $ 200.00 The Keynoter $ 300.00 The Advertiser $ 200.00 KW Citizen $ 100.00 Solares Hill $ 200.00 ....... ..- ....' ~. ...,....' .. ......-........ ... Gemini Gemini Gemini $ 500.00 PSAS New~paper $2,000.00 Posters BroChures postage ".~;.. ' . $~, ..;.~. ,; .~. :...,.:.............: - ~