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10/20/1994 FUN.DING AGREEMENT _ ,~; " ..' ,t(f~:. _' .' .~t"-J I "'~ ~ .';' ", '. . ~. 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 th (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; . -11 \.C) -- THEREFORE, in consideration of the mutual promises contained herem, ttm parties agree as follows: ~ 1. This agreement commences October 1, 1994, and terminates 1~p da~ after the event described in paragraph 2, unless earlier terminated un9~r a~ ~-- provision of this agreement. -.-'~J .::5 ...-' "',. ".v 2. SOCC shall pay to Event Sponsor a sum not to exceed five thtJusanG seven hundred dollars ($5,700.00) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit A, in producing the _ 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. 3. Event Sponsor shall provide promotion and related services as df3scribed in the Sponsor's application for funding, Exhibit B, attached hereto. 4. Event Sponsor shall reimburse BOee for any amount of funds expended by BOee in connection with an event which does not occur as a result of any act or omission by Event Sponsor. 5. 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. 1 6. Event Sponsor shall maintain records pursuant to generally accepted accounting principles for three (3) years after the event and shall permit soec and its agents and employees access to said records at reasonable times. 7. soce 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. 8. 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. 9. 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 0 c+, I 1994. (SEAL) Attest: Danny L. Kolhage, Clerk ~~~\Y\'~i Deputy Sler (CORPORATE SEAL) Attest: Board of County Commissioners of Monroe County ~.~~ Mayo~Ch8irman . nD''-~~ Cheeca Lodge By ~~~W~ By CldU- fJ~J ?/ President Approved 1: t{fOfi and legal sufficiency: Date: ~ (1 7 I 2 SWORN STATEMENT PURSUANT TO SECI'ION 287.133(3)(a), nORmA STATUTES. ON PUBLIC ENT1TY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBUC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. . 1. This sworn statement is submitted to --.B 0 GG- : n. I [print name of the publlc entity] by l..UL\E. LE~lfV [print individual's name and dtle] for C"-E.tC.A Jf)O~ PrtESlOftv"t"\At..- .sAll-~lsH fbl.Jr.)JA~J2[ . [print name of entity submitting sworn statement] whose business address is P. O. ~6'i.- 52 '\-r}L~ MOVlI\'O~F~, :330'.6 and (if applicable) its Federal Employer Identification Number (FEIN) is 3~ - ~ ~~ ~ 54' (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 oontract for goods or seivices to be provided to any public entity or an agenqr or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiraLj', or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statute~. 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, panners, 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 lmowingly 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. S. 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 benef, the statement whidl I bave marbd below is true in relation to the entity submitting this swom statement. [indicate wblch statelaeat appUes.] Neither the entity submitting this swom statement, DOf any of 111 ofllc:ers, directolS, executives, partners, shareholders, employees, memben, or agents who are ac:dve ill the _gement of the entity, Dor any affiliate of the entity bas been charged with and oollYicted of a pubUc entity crime subsequent to July 1, 1989. _ The entity submitting this swom statement, or one or more of its officers, directoll, em:utives, panners, shareholders, employees, members, or agents who are ac:dve ill the DIBIUlgement of the entity, or an affiliate of the entity bas been charged with and oonvicted of a pubUc entity crime subsequent to July 1, 1989. _ The entity submitting this swom statement, or one or more of its oflleen, directors, executives, panners, shareholders, employees, members, or agents who are aatve ill the _gement of the entity, or an affiliate of the entity bas been cbarged with and convicted of a public entity crime subsequent to July 1, 1989. However, there bas been a subsequent proceeding before a Hearing Ofllcer of the State of Florida, Division of Admini~trative Hearings and the Fmal Order entered by the Hearing Offtcer determined that it was not in the public interest to place the entity submitting this swom statement aD the convicted vendor lisL [attach a cop)' of the final order] - I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTl'lYm~lullW IN PARAGRAPH 1 (ONE) ABOVE IS FOR TBATPUBLIC.ENnTYONLY 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 ENTI'IY PRIOR TO ENTERING INTO A CONTRACf IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMA110N CONTAINED IN THIS FORM. ~~ C7 (slgDatDre] Swom to and subscribed before me this L 3 day of ~~W .19Q'1. OR Produ~ identification . rtitu +=\()(~ Q... Personally known j My commission empires (Type of identification) (Printed typed commissioned Form PUR 7068 (Rev. 06/11192) EXHIBIT "A" BUDGET BREAKDOWN FLORIDA KEYS FISHING TOURNAMENTS, INC. FISCAL YEAR 1994-95 , __--:~~~:~-~~:~-:~::~~~:~:~-:~:~:::~---l->{II /:; j' ~,~" ." .". ./ . _, .' .1 .. ~ ._ ".,F .. / . ,;.~ "./." "_' /' . DIRECT MAIL & POSTAGE $ BROCHURES, POSTERS, PROGRAMS, PATCHES TROPHIES $ 665.00 $3,325.00 PHOTO PROGRAM $ GENERAL - NON-ALLOCATED BANNERS, OTHER MEDIA ADV. & FLYERS $1,710.00 ---------- $5,700.00 DAY 1 DAY 2 EXHIBIT "B" FLORIDA KEYS FISHING TOURNAMENTS, INC. TOURNAMENT SCHEDULE OF EVENTS FISCAL YEAR 1994-95 EXAMPLE ~-rf} Al-.HJ\JA\.- Ct4etL/>t Ubtt: PW''oblJT1ALjA\L.f\~\-\ ~VK.tJ()Y1C-d] TOURNAMENT NAME T HullSQC\YJ J~t0. 1l1) Jqq 5 8:00AM 4: OOPMJrlE- RE{,t~reAlI oN , 6:00PM CAPTAltJS MEf:-lINL ~ <LlC/(-DFf pfLHJ J\V) SA tv 2..D) Ilil.'\5 L I tJeS TtJ L I ~ 6vr g: 30A.M -9. e8~M 30 4: e:&PM