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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 the CheecaLodge (hereinafter referred to as "Event.$ponsor")~ _." WHEREAS, the umbrella organization under contract t~ t~ BdftC tms recommended to the Monroe County Tourist Development CcfU,ttC$ (h~inaffer _:::~. c:: -T'1 "TDC"), which has endorsed the recommendation, that certain moni~e a"<>.!ated~r promotion of an event; :r ~ _..- -0 THEREFORE, in consideration of the mutual promises confained h~in, ~e parties agree as follows: c:. :~ 1 · BOCC shall pay to Event Sponsor a sum not to exceed $6,800.00 (six thousand eight hundred dollars) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit A, in producing the 7th Annual Cheeca Lodge Presidential Sailfish Tournament, January 18-20, 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 1 00/0 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 sacc for any amount of funds expended by BOCe 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 SDCe 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 /8f!J day of ()~-t. .1995. (SEAL) Attest: Danny L. Kolhage, Clerk ~o.LlIL(!. ~~ Deputy Clerk (CORPORATE SEAL) Attest: Byd,~~Ofu a~ ~etary Board of County Commissioners of Monroe County cS~~. - ~-'&..~-Il~ Mayor airman Cheeca Lodge By Witness APproved~ to form and legal sufficiency: ~ ~ Date: 0/'1 -5 I 2 t-1H \b \ T P\ BUDGET BREAKDOWN FLORIDA KEYS FISHING TOURNAMENTS, INC. FISCAL YEAR 1996 CHEECA LODGE PRESIDENTIAL SAILFISH TOURNAMENT DIRECT MAIL & POSTAGE $ 280 BROCHURES, POSTERS, PROGRAMS, PATCHES $ 1,000 TROPHIES $ 3,000 PHOTO PROGRAM $ --0-- MEDIA ADVERTISING $ --0-- T-SHIRTS, CAPS, JACKETS $ 1,500 *GENERAL - NON-ALLOCATED $ 1,020 ~~---~----- $ 6,800 *GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE TOURNAMENTS TOTAL BUDGET. 1insley Advertising 2660 Brickell Avenue Miami Florida 33129 (305 ) 856-6060 Fax (305) 858-3877 Date: June 19, 1995 To: Julie Perrin From: John Underwood, Tinsley Advertising 1995/1996 Cheeca Lodge Presidential Sailfish Tournament. Re: cc: Lynda Stuart/Monroe County Tourist Development Council. Jim J ohnson/I'insley Advertising Jim SharpelFIorida Keys & Key West Fishing Tournaments. Your advertising budget for the 95/96 Cheeca Lodge Presidential Sailfish Tournament meets Tinsley Advertising's approval. Please make sure that the Florida Keys & Key West and the Florida Keys Fishing Tournaments, Inc. logos are included on all direct mail, brochures, posters and programs. Make sure that the district where the tournament is being held is placed on all trophies. No payments will be made without these logos being utilized (see enclosed logos). Also, please make sure we are sent a copy of all printed materials for approval before final production and that a copy is sent to the Monroe County Tourist Development Council with your invoice. Please call Jim Johnson or myself with any questions. Good luck on your tournament. DAY 1 DAY 2 DAY 3 DAY 4 l).\-\tb\\ b FLORIDA KEYS FISHING TOURNAMENTS, INC., TOURNAMENT SCHEDULE OF EVENTS FISCAL YEAR 1996 ~ lY A}-J}JUAL Wa:rA LDrl~~ PeESI06tvt)p\L S~\Ll:'lS-H TOURNAMENT NAME 'ft:*.,t)J ~ ~ AM PM ~:~ EVENING EVENT ~: 50 AM J: 30 PM EVENING EVENT -.:L: y) AM ~: 00 PM ~:~ EVENING EVENT AM PM EVENING EVENT ,\ . r .. SWORN STATEMENT P1JRSUANT TO SECl'ION 28'7.133(3)(a), FLORIDA STATUTFS, ON PUBLIc ENTnY ClUMF.s 1. This swom statement is submitted to b~ for Whose business address is ;l1 J1 22/ ~.slqmoYa~q) t:z ~:1~J>6 and (if applicable) its Federal Employer Identf1icatfon Number (FElN) is 56-36' g g ~ s~ (If the entity has no FEIN, include the Social Security Number of the individual signing this S\Vom statement: .) 2. I understand that a .public entity crime. as de1Jned in Paragraph 287.133(1)00, Florida Smtutes. me:ms a violation of any state or federal Jaw by a person with respect to and dirccrJy related to tile ttaDsaction 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 amuact for goods or seivices to be provided to any public entity or an agency or political subdivision of any otber state or of the United States and imolving antitrust, fraud, theft, bribery, collusion, I3Cketeermg, ooDSpiracy. or material misrepresentation. 3. I understand that .convicted. or .conviction- as defiDed in Paragraph 287.133(1)(b). FIqrida Statutes. me:ms 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 coun of record relating to cbarges brought by indfctment or infomwfon after July 1, 1989, as a result of a jury verdfct, non jury trial, or enuy of a plea of guilty or nolo contendere. 4. I understand that an .affiliate. as defined in Paragraph 287. 133 (1) (a), Florida Stsh}tes. means: 1. A predecessor or successor of a person oonvictecl of a public entity crime; or 2. An entity under the conuel of any Datural peDOn who is active in the management of the entity and who has been convicted of a public entity crime. . The term .affilfate. includes those ofticers, directors, executives, panners, shareholders, employees. D1eIIIbem, and agents who are active in the management of an ai1iIiate. The ownership by one person of s.baRs OODStituting a oontrolling interest in another person, or a pooling of equipment or iDamu: among peDODS when not for fair market value under an arm's length agreement, shall be a prima fac:ie case that one peISOn amtrols another person. A person who knowingly enters into a joint venture with a person who bas been amvictecl of a public entity crime in Florida during . the preceding 36 months. sball be considered an afft1i~te. s. I understand that a .person- as defined in Paragraph 287.133(1)(~). Florida SmtDt~ means any natural person or entity organized under the laws of any state or of the Umtect States with the legal power to enter into a binding contract and which bids or applies to bid on contraas for the provision of goods or services let by a public entity. or which otherwise transacrs or applies to traDSact business with a public entity. The term .person. includes those officers, directors. eu:cutives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belie~ the statement which I bave marked beJow is true ia relation to the entity ~tting this swomstatemenr. Padlcate wfdda ItateIaeDt appUes.) : Neither the entity submitting this SWOm statement, DOr any of lis omcers, cUrectors, c:m:utives, pann rs, shareholders, employees, members, or agents who are active in the manageDlellt of the entity, nor any affiliate of the entity has been c:harged with and alll\'icted of a public entity aDac subsequent to July 1, 1989. - The entity submitting this SWOm statement, or one or more of its officers, directors, c:recutives, 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 alll\'icted of a public entity aiJIIe subsequent to July 1, 1989. . - The entity submitting Ibis SWOm statement, or one or more of its offi~ directors, executives, panners, shareholders, employee3, members, or agents who are active in the IDanagClllCnt of the entity, or an affiliate of the entity has been charged with and convicted of a pabUc entity aime subsequent to July 1, 1989. However, there bas been a SUbsequent Proceeding before a Hearing Officer 01 the Slate of Florida, Division of Administrative Hearings and the F'mal Order entered by the Hearing OJIicer deten:Uned that it was not in the public interest to place the entity submitting this swom statement 08 the ootlVicted vendor list. [attach a copy ot the final order} _ ... 't. ~ I UNDERsTAND THAT THE SUBMISSION OF TBIs FORM TO THE CONTRACl"ING OmCER FOR THE PUBUC ENTITY m~ UU.tD 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 Fn.ED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBUc EN1TIY PRIOR TO ENTERING INTO A CONTRAcr IN EXCESS OF THE 'l'BREsHOLD AMOUNT PROVIDED IN SECllON 287.017, FLORIDA STA'fti'TES FOR CATEGORY 1WO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORl\L ~.~ V [signature} Sworn to and subscnced before me tJ1is zs- day of ~~ qs ~ 19~. Personally known / OR PrcduCG(i identi!i~tion ~ -e/or, MYalmmission expires 2]ZI/Q ~ JQOn L. {Lfi lieV' (printed typed or Stamped almmissioned Dame of notary PUblic) (Type of identification) ",m..",- JEAN L. MlLLE~..._ ~'f.tv.~ MY COMMISSION' co ~ [.(~.~ El<PIRES: fIbnIIfY 21~ ~~ BondId ThRI HollY PubIC ~.~.~,~ Form PUR 7068 (Rev. 06/11192)