09/29/1993
FUNDING AGREEMENT
THIS AGREEMENT is entered into this ~ day of 'Sf>p~e.Y"" ,~ , 1993, by
and between the BOARD OF COUNTY COMMISSIONERS, Monroe County, Florida, hereinafter
referred to as the soce and Bluewater Tackle of the Key's, Inc. hereinafter referred to as "Event
Sponsor";
WHEREAS, the BOCC, upon recommendation of the Monroe County Tourist Development
Council, hereinafter referred to as the TOe, has budgeted a portion of tourist development
revenues for promotion and support of certain fishing events; and
WHEREAS, the umbrella organization under contract to the BO.CC has recommended that
certain monies be allocated to Event Sponsor; now
THEREFORE, in consideration of the mutual promises contained herein, the parties agree as
follows:
1. SOCC shall pay to Event Sponsor a sum not to exceed ~x thousa~d fiy~ hundred
dollars ($6,500.00) for promotion and related expenditures in prod@ing KeY3 LarQ9 Sailfish
Showdown Tournament, pursuant to the terms of the Funding Applicdon~ atta~ed hereto and
incorporated herein by reference (Exhibit A).
r- . . ;"'-.':
Should a breach occur after the expenditure of funds by BOOC for ~~ evef!t, and the
\". .
event does not occur as a result of said breach, Event Sponsor shalf_reimburse BOCC for the
amount of funds expended by the BOCC in connection with said event. ~.
2. Event Sponsor shall provide promotion and related services as described in detail in
the Funding Application (Exhibit A).
3. Indemnification and Hold Harmless: Event Sponsor agrees to indemnify and hold
Monroe County harmless for any and all claims, liability, losses and causes of action which may
arise out of the fulfillment of the agreement.
It agrees to pay all claims and losses and shall defend all suits filed due to the
negligent acts, errors or omissions of the Event Sponsor's employees and/or agents, including
related court costs.
4. Insurance Requirements: Event Sponsor shall carry during the term of this agreement
public liability insurance, including bodily injury and property toss damage to cover all claims,
demands or actions by any person or entity in anyway arising from the operation, of this event(s).
Such liability insurance shall be in an amount not less than $500,000. Monroe County and the
Monroe County Tourist Development Council shall be named as additional insured under the
insurance policy and such insurance shall be primary and non contributing with any insurance
carried by the County. Event Sponsor shall furnish the County with a certificate evidencing the
insurance required by this paragraph not later than twenty (20) days prior to the event.
5. Event Sponsor shall maintain records to be kept pursuant to generally accepted
accounting principles, for three years after the event, and shall permit BOCC and its agents and
employees access to said records at reasonable times.
1
6. For any breach of the covenants contained herein or in Exhibit A, SOCC may
terminate this agreement immediately upon service of notice of termination. soce may terminate
this agreement without cause upon providing 120 days notice of termination.
7. Event sponsor is an independent contractor and shall disclose any and all potential
conflicts of interest as defined by Florida Statute, Chapter 112 and Monroe County Code, Article
XXI.
8. Force Majeure: Event Sponsor shall not be liable for delay in performance or
failure to perform, in whole or in part, the services due to the occurrence of any contingency
beyond its control or the control of any of its subcontractors or suppliers, including labor dispute,
strike, labor shortage, war or act of war whether an actual declaration thereof if made or not
insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine
restriction, accident, fire, explosion, storm, flood, drought or other act of God, act of any
governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or materials
or supplies, or technical failure where Event Sponsor has exercised reasonable care in the
prevention thereof, and any such delay or failure shall not constitute a breach of this Agreement.
9. Ethics Clause: Event Sponsor warrants that helshe/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, the parties have executed this agreement the day and year first
above written.
(SEAL)
Attest:
Bluewater Tackle of the Keys, Inc.
By(l ..~
(SEAL)
Attest:
Monroe County Board of County
Com, · oners
,-O/:}oW, c. 4~~
Clerk /
Approved as to form and legal sufficiency:
Date: 1 (3/'13
2
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTI1Y CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBliC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS. .
1.
This sworn statement is submitted to ~Q~O of (l.l)~J..tt-lJ (!..oMmt'S~tpl"H=-e~ t?]btJRcG (lo./ FLA.
11 [print name of tlte public entity] ,
by \.:.., 0 ~ W ~l:2..m A. Jj
[print Individual's name and title]
for 6 L LIE" wA-Tb-ta. "i'Y\.(, kLE (':) F "t1+.€ K ~ c;. 1 blf.
. [print name of entity submitting sworn statement] ,
whose business address is
\ 0 (\ 4: to 0 0 u~ S~~ l-+ I ~l"'W ~t..t
k\;\.i ~A~D I FL 3~(.)31
,
and (if applicable) its Federal Employer Identification Number (FEIN) is lD 5 -():), '~"7~Lj b
(If the entity has no FEIN, include the Social Security Number of the indMdual 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 contract for goods or sei'vices 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 which I have marked below is true in relation to the entity
submitting this sworn statement [Indicate which statement applies.]
_ Neither the entity submitting this sworn statement, nor any of its officers, directors, executiv~,
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 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,
partners, 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,
partners, 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 Final 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
list. [attach a copy or the final order] -
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTI1Y IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTI1Y 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 PUBLIC ENTI1Y PRIOR TO ENTERING
INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES FOR CATEGORY lWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
O&~~ -=>-,
[signature
Sworn to and subscnoed before me this
'It?
day of S/E'PJl:;.7T} E ~
. 19 93 .
Personally known
/'
OR Produrod identification
tUwu//ulift?~
NotaIy Public - State of ,;j/.//J_N.AAlill J
(Type of identification)
My commission e ires
~ .
" Ow , ,<,.' :...~.. ,
(print .." {~,;~:~r~s~p~6:,;~,~;;'~~:C~~;.6'1~~~6 :
co .. ~',,~ r~ \~~tne qfy~:4tubJiQ_~b
io '~. . Ii" 'W , ""'_~ 'IIi .~; _ .;'....
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~~~
Form PUR 7068 (Rev. 06/11192)
FLORIDA KEYS FISHING TOURNAMENTS, INC.
FISCAL YEAR 1993-94
KEY LARGO SAILFISH SHOWDOWN
DIRECT MAIL & POSTAGE
OPERATING START-UP
FUNDS FUNDS
-------~--- -----------
$ $ 400
$ $ 600
$ 4,000 $
$ $
BROCHURES, POSTERS,
PROGRAMS, PATCHES
TROPHIES
PHOTO PROGRAM
GENERAL - NON-ALLOCATED
BANNERS, OTHER MEDIA ADV.
& FLYERS
$
$ 1,500
$ 4,000
$ 2,500
TOTAL - $6,500.00
1 ~ ~ ~ l ~ OF THE KEYS, INC.
~~[QJ
SCHEDULE OF EVENTS FOR THE "KEY LARGO SAILFISH SHOWDOWN" TOURNAMENT
TUESDAY, NOVEMBER 16, 1993
4:00 P.M. PRE-REGISTRATION
6:00 P.M. COCKTAILS
7:00 P.M. KICK-OFF PARTY
WEDNESDAY, NOVEMBER 17, 1993
8:30 A.M. LINES IN
4:30 P.M. LINES OUT
THURSDAY, NOVEMBER 18; 1993
8:30 A.M. LINES IN
4:30 P.M. LINES OUT
FRIDAY, NOVEMBER 19, 1993
WEATHER DAY
SATURDAY, NOVEMBER 20, 1993
8:30 A.M. LINES IN
4:30 P.M. LINES OUT
SUNDAY, NOVEMBER 21, 1993
8:30 A.M. LINES IN
3:00 P.M. LINES OUT
6:30 P.M. COCKTAILS
8 : 00 P. M. AWARDS BANQUET AND DINNER
CHARLES o. WETTERMAN
TOURNAMENT DIRECTOR
100460 OVERS~S Hwv. . K~ LAAGO. FLORIOA33037 . (305) ~51..5875 . FAX (305) 451..()82a
NOTICE OF INTENT TO AFFILIATE
WITH
FLORIDA KEYS FISHING TOURNAMENTS, INC.
We, the undersigned do hereby petition the Florida Keys
Fishing Tournaments, Inc. to become a member Tournament un-
der the guidelines set forth by the Monroe County Board of
County Commissioners and the Monroe County Tourist Develop-
ment Council as set forth in the corporation by-laws.
As a member Tournament it is understood that we may apply
for Tournament funding under th provisions outlined in the
Florida Keys Fishing Tournaments, Inc. CRITERIA FOR EVALUA-
TION OF TOURNAMENT FUNDING PROPOSALS.
It is further understood that the Florida Keys Fishing
Tournaments, Inc. is an umbrella organization in contractu-
al agreement with the Monroe County Board of County Commis-
sioners to function as primary agent for dispersal of allo-
cated funds received form the Monroe County Tourist Devel-
opment Council for the promotion and advertising of fishing
tournaments in the Florida Keys (Monroe County).
By this petition it is agreed that the undersigned will co-
operate with the Florida Keys Fishing Tournaments, Inc.,
it's corporate sponsors (if applicable), and officers to
increase the quality of fishing tournaments in the Florida
Keys.
(Tournament)
Name of Applicant
Key Largo Sailfish Showdown
Address 100460 Overseas Highway, Key Largo FL 33037
Officers; (print name) Position;
c. o. Wetterman Director
Michael Wetterrnan
Director
Date: 4 / 27/~
AFFILIATE QUESTIONNAIRE
1. Official Tournament Name
Key Largo Sailfish Showdown
2. Name of Petitioning Organization
Bluewater Tackle of the Keys, Inc.
3. Mailing Address
100460 Overseas Highway, Key Largo, FL 33037
4. Person in Charge 5. Phone
c. o. Wetterman
6. Address (If different)
(305) 451-5875
Same
7. Check One: For Profit
x
Non-Profit
8. Location of Tournament or Host site Address
Bluewater Tackle of the Keys, Inc.
9. Date(s) of Tournament 10. Next Year
November 16 - 21, 1993 1993
11. Format (Release, Modified Release, Weight Fish, etc.)
Modified Release
12. Target Species (If more than one, list separately)
Sailfish
13. Entry Fee
14. Angler or Boat Tournament
$495 1st Angler/$300 Additional Anglers Boat
15. Describe how this tournament will benefit Monroe County
Last year's tournament produced eight boats with fifteen
anglers. Ten anglers were out of county (67%) and five
anglers were from Monroe County.
(Use separate sheet if necessary)
Florida Keys Fishing Tournament, Inc. can only authorize
funds for promotion and advertising.
Amount Requested:
$ 7,500
On a separate sheet list how money will be spent, listing
specific vendors if possible.
TOURNAMENT HISTORY QUESTIONNAIRE
1. NAME OF TOURNAMENT Key Largo Sailfish Showdown
2. AGE OF TOURNAMENT 3 years
3. AMOUNT OF ENTRY FEES COLLECTED IN THE PREVIOUS YEAR
TOURNAMENT $6,060.00
4. NUMBER OF FISHING DAYS 4
5. TOTAL NUMBER OF REGISTERED ANGLERS 15
6. TOTAL NUMBER OF OUT OF COUNTY ANGLERS 10
7. WAS THE TOTAL NUMBER OF OUT OF COUNTY ANGLERS IN YOUR
PREVIOUS TOURNAMENT, MORE OR LESS IN THE PRIOR YEAR.
1992 was Bluewater Tackle's first year for sponsoring
this tournament.
FLORIDA KEYS FISHING TOURNAMENTS, INC.
FISCAL YEAR 1993
Key Largo Sailfish Showdown
(Name of Tournament)
DIRECT MAIL & POSTAGE
BROCHURES, POSTERS,
PROGRAMS & PATHCHES
TROPHIES
PHOTO PROGRAM
GENERAL - NON ALLOCATED,
BANNERS, OTHER MEDIA
ADV. & FLYERS
TOTAL
$ 360
$ '1500
$ '"'\,\50
$ -0-
$ \, t5 co
$ 1\:::)00
~-a./ - 5/-=f
DATE
INCa-E I
TOC
t.teRELLA
SP~S
TC1Rf'W1:NT ENTR I ES
T -9ilRTS & CAPS
EWO..ET
OTt-ER__________
TOT PL ·
~TED SERV 1 CES I
MEDIA ADVERTISING
a=F I CE RENT PL
SECRETAAIPL
TOTPL
TOTPL INCa-'E
E><PEN5ES ·
CFflCE & SECRETAAIPL
Ca-PUTER
PCSTAGE
T-EHIRTS L CAPS
DlRECT~ FEES
l3ROO-l.RES L PA TD-ES
CITATIQ\J SCRCl.LS
STCRAG:
K 10< -tFF TC1Rf'W1:NT
PR 1 ZES
BAraET
ll.ES L 9..BSCR 1 PT 1 (X\S
MEDIA ADVERTISING
STAT 1 Q\ERY
PHJTO PRCGW1
BROCJ-LRE 0 lSTR I BUT 1 ~
EWO..ET
TRCPHIES
51GB
OTi-ER_________
TOTPL
~TEO fERV I CES I
MEDIA ADVERTISING
a='F 1 CE RENT PL
SECRET M 1 fi..
Oct. 1 , Oct. 1, <1, , Oct. 1 , _<:1~_ '
Sept. 30, ..,--- Sept. 30; c,~ Sept. 30 I J'i~_
Actual Actual Projected
$ -_..-------~- $ $ ----....-...---
==~~~=: 1.5"
---------.- ___ .._~.p__
...-.--------- ..-.- -_...~------ _...~-~-.----.-
----------- ---~~~.()-- ---~...~.QQ-
--------~- ____Rl~.9..._ ----~~QQ-
___lj..l~Q._ ~ ogg
-~------_.. -----t-----
-.,..,---~----- ------~,..--- $ ==Ii;lBi==
$ ....---------- S __L~+~l\:.~-
$----------
~--------- ---~......._---
-...-------~ ...-_...~-----
_..._~------- ----~----_...
$ ----...--....--- $ -----~------
$ It $ *
...~--~---~-- -~---~----
$ ---........-------- $ ~----~-_-.-
===_~];.5:.= ----~-~--
___.3512.__
__~,a~L -~~Q--
-------.---- :===~~Q=:
____~2_
~-------_.....- ---_.._--~~-
......_~....-------- _....-~-_...._--
..
-----~~-- ____L~R.__
-_....-------~ --~,-._.-._~--
~----..----- -----_.-~---.-,
____~~lta__ ----QPQ--
____1~_Q.__ ____l:;i.Q__
--....-...---~~~ -------------
---5-~~- ---~_..._-----
----t-~ -- __~....~.Po
___~+_9Jp-L- ___~Q.(2-
------.9!r- ----..-...-.......
_____'::l _ -----~~Q-
$ __j_~~i~_ $ __.l.1)-'i~..9-
$ -----..-----..... $ ~--------~-
~----~---_... -----...-----
------~-~-- ------...-----
$ ~--_.-_-~-- If $ *
_..._----~..
$ -.4.J-'\9t- Mtf $__~~3S__ *M
$ MM $ MM
-_..--~..._--- ------~-----
$ MIf $ *M
-~-_.....~----~ ~--..._--------
$---------- It
$----------
$----------
$----------
TOTAL EXPENSES $__________ M
f\ET PR<i= 1 T (LOSS)
RETAltB> PRCFIT BEGININ:i
RET Al N::O PRa: I T e.D
e..cg
(N...) - 5E
$__________ HM
$__________ MM
$__________ **
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. \pnl 22. 19()]
I ~l l'nnlillg
MONROE COUNTY, FLORIDA
Rcquest For \Vaiver
of
I nsu ranee Rcqu i renlC" t:s
It is requested that the insurance rcquirelncnts~ as speci oed in the County's Schedule of Insurance
Requirenlents~ be \vaived or luodificd on the follo\ving contract.
Contract for:
E Lu e W AIER..'T~t<.LE" Dt::" 'THE l-<€"i S, I tJC..
K.E1i kPtf2..c"o ~A-IL-=-'SH ~\ioU)bOLU~
l Db t.\ (Pc:> en) e r<.. s ~ s H I ~ iH.lH~. Lj
Ke.-u L-AI2-G,.o F(' ~~D-31
"\ '
Contractor:
Address of Contractor:
Phone:
4 5l-Sg-1 S"
SAIL FlSI4 IDuRuA.N\'='JT
Scope of Work:
Reason [or \Vaiver:
ALL \ \\::.InS L~sTE1) .,~ Ce...rTl=~\A Fore- U)A\u~
~QT A-PPLlGA~LE.
Signature of Contractor:
~&J~~~
Apv.roved )( Not Approved
C~~,.~ ~jjUr
q I J '-f I C2 1 ./ ,;
Risk Managcnlcnt
Date
County Adlninislrator appeal:
Approved:
Not Approved:
Dale:
Board of C.ounly COJnlllissioncrs appeal:
Approved:
Not Approved:
Meeting Dale:
\V AIVER