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10/20/1994 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 Angler's Edge (hereinafter referred to as "Event Sponsor"); WHEREAS, the umbrella organization under contract to the BOee 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; " -!i THEREFORE, in consideration of the mutual promises contained herein, th~~ parties agree as follows: 1. This agreement commences October 1, 1994, and terminates 120- days~: after the event described in paragraph 2, unless earlier terminated under any~~ provision of this agreement. 2. BOCC shall pay to Event Sponsor a sum not to exceed one thousand-/ four hundred and twenty-five dollars ($1,425.00) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit A, in producing the SNOOK-A-THON Tournament, November 11-13, 1994. 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 described in the Sponsor's application for funding, Exhibit S, attached hereto. 4. Event Sponsor shall reimburse BOCC for any amount of funds expended by SOCC 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 acco'unting principles for three (3) years after the event and shall permit sacc and its agents and employees access to said records at reasonable times. 7. sacc 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 ",)(,'1.'\ day of ({. 1 / t '. {~"- . 1994. (SEAL) Attest: Danny L. Kolhage, Clerk i,-....'" C\\~~~ ~~~~ ~. \ Deputy ler Board of County Commissioners of Monroe County c7~~ Mayor/Chairman - l' (CORPORATE SEAL) Attest: Angler's Edge Secretary ~..) l~ By ! //~ n / / /~ fl ,,/ I" / ./ // By ,/ ~ ~..:'~I...... .-? . - , ~ /....../~ .- /' /"'".~ -'-'--/7' Wit _ /" .. . ." ~~proved as;;%m. and legal sufficiency: ~/~ ~ H Date: '1/1."] "I c-< / / 2 - . SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES. ON PUBUC ENTlTY 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 -'~ 0 C c.... . ~.l"-.) · I 11 < .b .' [print name of the public entity] by __ A!L e \:.-0 ~ [J'L f: ,) for [P~ ~tJ~duai's n ~d title] [p t name of entity submi ting sworn statement] whose business address is , I q q J 4 ~ () V e V ~"~ M f 1'foJ y' V ~ ~ I '1-e 'I L 11 \(1 A ~5 057 I and (if applicable) its Federal Employer Identification Number (FEIN) is (0 S--' 6 0 '1 )" t., 7l (If the entity has no FEIN, include the'Social Security Number of the individual siglting 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 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, frau~ 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 precedi~g ~~~~mp~:'5-haUbe considered an affiliate. . _ _ ,,-'~"" '._~.. 5. I understand that { ~h. ..~ defined in Paragraph 287.133(1)(~), Florida Statutes, means any natural person or entityorg~nder the laws of any state or of the Umted States with the legal power to enter into a binding contract 'a~d'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 "persona includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. EXHIBIT "A" BUDGET BREAKDOWN FLORIDA KEYS FISHING TOURNAMENTS, INC. FISCAL YEAR 1~-95 _______________~~~~~:~::~~~------------JiJ.{L K::;,.//q ",- A ""J ,.-).-"\ .'-- / J- ./1_\(1' ~.') / - --:~~ !(/? / n I' '-'" ......." __ ~"'-- {t/ DIRECT MAIL & POSTAGE $ BROCHURES, POSTERS, PROGRAMS, PATCHES PHOTO PROGRAM $ 190.00 $ $ TROPHIES GENERAL - NON-ALLOCATED BANNERS, OTHER MEDIA ADV. & FLYERS $1,235.00 $1,425.00 EXHIBIT "B" Angler's Edge NAME OF ORGANIZATION: ADDRESS: PHONE: EVENT NAME: Angler's Edge P.O. Box 2260, Key Largo, FL 33037 (305)453-9997 SNOOK-A- THaN EVENT DATE: TOURNAMENT DIRECTOR: YEARS IN EXISTENCE: AMOUNT OF FUNDING REQUESTED: November 11 - 13, 1994 Joel Young One $10,(0) 1. COMMITMENT TO THE EXPANSION OF TOURISM IN MONROE COUNlY Angler's Edge was created with the sole intention of promoting tourism through customized fishing excursions. The SNOOK-A-THON was organized to promote tourism in the Florida Keys during the non-peak period. Scheduled in November. our goal is to utilize our extensive resources to draw angler's from around the world to fish for Snook. Last year. being our rookie year. we were able to generate support from such major sponsors as the Florida Lottery. Florida Sportsman Magazine. Mlllle's Bucktails and Publix. We look forward to continued support from these sponsors, as well as participation from new businesses and organizations. Our intention is to develop the SNOOK-A-THON into a major tournament for the Florida Keys. With the assistance of FKFT, Inc. this will be possible. II. SOUNDNESS OF PROPOSED TOURNAMENT As noted above. Angler's Edge has secured support from four major sponsors. We have obtained verbal commitment from these companies to support the SNOOK-A- THON again this year. In addition. we are soliciting sponsorships from other major businesses that stand to benefit from participation in this 'type of tournament. However, the support of FKFT. Inc. is important in order to be properly publicized. We understand that all funds from Florida Keys Fishing Tournaments. Inc. will be spent solely for promotion and advertising. We also understand that Angler's Edge will be required to submit detailed reports of expenditures and will be held completely accountable for all expenditures. The SNOOK-A- THON is committed to following all the rules and regulations required to obtain funding from FKFT. We will include all required logos on all promotional materials. Joel Young will be Tournament Director again this year. Mr. Young brings with him 15 years of marketing and promotional experience. specializing in promotional relationships such as the ones necessary for supporting the SNOOK-A-THON. In the past. Mr. Young has worked closely with many of the area's tournaments and their sponsors. Angler's Edge is a business dedicated to promoting tourism in the Keys. Our sole intention is to bring fisherman to the Keys. In doing so. we fill hotel rooms. restaurants and put professional captains to work. P.o. Box 2260 Kev Largo. FL 33037 (305)453-9997