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10/18/1995 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 theCheecaLodge (hereinafter referred to as "Event S(2onsor"); 7- WHEREAS, the umbrella organization under contract to ~e i.~O~ ha~ ....,,) . " t recommended to the Monroa County Tourist Development Cou~::fherg!naft~ "TOC"), which has endorsed the recommendation, that certain mOnie~~?aIlO~ed f~ promotion of an event; ~ -....::0 _ ':::'::7 THEREFORE, in consideration of the mutual promises contained helJin, t~ parties agree as follows: -. ~ ~ 1. BOCC shall pay to Event Sponsor a sum not to excaed $5,000.00 (frie thousand dollars) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit A, in producing the 3rd Annual George Bush/Cheeca Lodge Bonefish Tournament, August 19-21, 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 100/0 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 BOCe for any amount of funds expended by BaCe 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 soce and its agents and employees access to said records at reasonable times. 6. Baee 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 1 6. SOCC 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 I atJ day of De -t. . 1995. (SEAL) Attest: Danny L. Kolhage, Clerk ~..~e.~ Deputy . lerk (CORPORATE SEAL) Attest: sd) ~ ~ary Cheeca Lodge By ~f1~ President Witn 55 Approved ~s~o form and legal sufficiency: Date: ~ 9,5 ~ 2 tx \-\ \ D \ '\ ~ BUDGET BREAKDOWN FLORIDA KEYS FISHING TOURNAMENTS, INC. FISCAL YEAR 1996 GEORGE BUSH/CHEECA LODGE BONEFISH TOURNAMENT ---------------------~----------------------- DIRECT MAIL & POSTAGE $ --0-- BROCHURES, POSTERS, PROGRAMS, PATCHES $ 2,500 TROPHIES $ 2,500 PHOTO PROGRAM $ --0-- MEDIA ADVERTISING $ --0-- T-SHIRTS, CAPS, JACKETS $ --0-- *GENERAL - NON-ALLOCATED $ --0-- ---------- $ 5,000 *GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE TOURNAMENTS TOTAL BUDGET. _t:.LH LU!Jbl:. I~L NO.~U~-bo4-~U~~ JUl LO,~~ o.~r NU.UU~ r.v~ [~~\~\\ B TOllRNAMENT SCHEDULE OF EVENTS: Iq Mondltly, August., 199.6 TROPHIES' IN THE FOL 7 :00 P.M. Cocktail Pilrty foflowed by a kick-off h.'lIQuct and rule!; meeting at Cheeca lodge. ~o " TuesdilYI August 2', 199.1\ 7 :00 A.M. lines in the water 2:30 P.M. lines our 11 7 :30 P.M. (~(J{ktail Parly at C"ccca W(~nesday, ^ugu~llI, 199{, 7 :00 A.M. Lines in rhe water 1 :00 P.M. I" incs out 2:.30 P.M. Awards tuncheon al <.:hccca Entry Fee: $1,000.00 per anglet' A fimited numbe,. of soejal entries will be ilV~ilab'~. Please l:~1J the Tournament l'leildquarters for det(l;1s. Team Trophy Checca Lodge is offering discountC!d room I'Ites for tournamC!nt angfers. Garden Room $119.00 per nJ&ht Suite S 1 05.00 per night O(;eanvie~ ROCJnl $199,00 Jler night '-. pt~.'~i: ~&" ." ' .~.... ~1~~~~'" U..~:.IIJ".~ I ,.... . \, ",'., ~.;t>:. ,.>>~>~;. .~ ~.~., "\-' ~.>. ~:~:\ : " " , ~, .~ ~..I. . ' SWORN STATEMENT PURSUANT TO SECl'ION 287.133(3)(8), FLORIDA STATUTFA~' ON PUBUC ENTl1Y CRIMES 1. for whose business address is )1.11. 2Z) l1/amamdlJr) tL 3:30'3b .... , and (if applicable) its Federal Employer Identification Number (FEIN) is ~ (. _ .3 y Y J SS;c; err the entity bas no FEN, include the Social Security Number of the individual signing this swom statement: .) 2. I understand that a -public entity crime- as defined in Paragraph 287.133(1)00, 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 oontract 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, oollusion, racketeering. oonspiracy. or material misrepresentation. 3. I understand that -convicted- or -oonviction- as defined in Paragraph 287.133(1)(b). '-orids Statutes, means a finding of guilt or a oonviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial coun 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 oontendere. 4. I understand that an -affiliate- as defined in Paragraph 287.133(1)(a), ~odds 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 bas been convicted of a public entity crime. . The term -affiliate. includes those officers. directors, executives, panners, shareholders. employees. members. and agents who are active in the management of an affiliate. The ownership by one person of shares oonstituting a oontrolIing interest in another person, or a pooling of equipment or inoome 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 bas been convicted of a public entity crime in Florida during .r the preeeding. 36. months ~~ 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 oontract and which bids or applies to bid on oontracts 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 -y-tting this sworn statement. [indIcate wblcb statement .ppUes.] '. . Neither the entity submitting this swom statement, nor any of its officers, directors, executives, panners, 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 swom 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 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, 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 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 Fmal Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this swom statement on the convicted vendor lisL [attach a copy of the final order) - I UNDERSTAND THAT THE SUB:MISSION OF TBIS FORM TO THE CONTRACTING OFFICER FOR THE PUBUC ENTI'lY m~ lUllill 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 CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscnced before me this 2S day of ~mbe( , 19 q r- Personally known / OR Produ~ identification (Type of identification) Notary nblic - State of +1 0 ( ~ My co~!lSion expires L L l }q 8 ~.eQn L. ,'I er (printed typed or stamped commissioned name of notary public) "'JI'''lJt.. JEAN L~~ S4IJSII /1};U!l\.~~t'\ MY CQMYlSSIUt' 21 1. :.: A exP1RE8: febNIIY a:........... : ~ · i tIG1IIY PUbIC unu--....--- ~~ II ~~ 80ndId 1lmI .'Ii, ..e". Form PUR 7068 (Rev. 06/11/92)