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FY1995 10/20/1994FUNDING 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 Grace Jones Community Center, Inc. (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; 7D THEREFORE, in consideration of the mutual promises contained herein, the; parties agree as follows: 1. This agreement commences October 1, 1994, and terminates 120,'days; f� after the event described in paragraph 2, unless earlier terminated under and provision of this agreement. 2. BOCC shall pay to Event Sponsor a sum not to exceed four thousand dollars ($4,000.00) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit A, in producing the Grace Jones Children's Festival, February 10-12, 1995. 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 10% 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 B, attached hereto. 4. Event Sponsor shall reimburse BOCC for any amount of funds expended by BOCC 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. 6. Event Sponsor shall maintain records pursuant to generally accepted accounting principles for three (3) years after the event and shall permit BOCC and its agents and employees access to said records at reasonable times. 7. 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. 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 (.fi' .1994. (SEAL) Attest: Danny L. Kolhage, Clerk Deput le (CORPORATE SEAL) Attest: Secretary OR Witness Approved to jorm and legal sufficiency: Date: q71 3 / 9 Board of County Commissioners of Monroe County �1P CL"P MayoVC4mWxwA Pry F---rr` Grace Jones Community Center, Inc. By sident Fa SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES. ON PUBLIC ENTITY 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 J� f ��V +L t I "dv1l1, I <"y¢ i �'C' �'�,kL'' �, [print name o the public entity] by J G �-( v''`�� k,� ,, !� ( H , f' ��. S f %fir"� � ��,�. �1.�' 17 6 C Teti=_� [print individual's name and title] for C.- 42- .-1 c. ,-- l t, r,, & S Cc v,w1A 1-14 C L- [print name of entity submitting sworn sta went] whose business address is L and (if applicable) its Federal Employer Identification Number (FEIN) is W/a 76 (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 contract for goods or services 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 Statutesmeans 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 n information and belies; the statement which I have marked below is true in relation to the entity sub tting this sworn statement. [indicate which statement applles.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, 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 of the final order] I UNDERSTAND THAT THE SUBNIISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC 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 PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 297.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [signature] i Sworn to and subscribed before me this - day of tom- e K 192 _ Personally known OR Produc A identification Notary Public - State of tY �d %/ �6-j (Type of identification) VANESSA HEDRICK MY ,- COMMISSION # CC 233492 EXPIRES: October6,1996 q 4•' Bonded Thru Notary Public Undewriters Form PUR 7068 (Rev. 06/11/92) My commission expires :' Vanessa Hedrick (Printed typed or stamped commissioned name of notary public) EXHIBIT "A" As requested, the following is the "Revised" Budget for the Grace Jolla C'hildren'c Festival, for the confirmed dates of February 10, 11, 12th of 1994, at NationsBank Field, Mile Marker 50, Marathon, Florida. Public Relations: Advertising: Newspaper Magazine TOTAL Amount Distribution 5500.00 Stuart Newman $3,000 Miami Herald - $1,500 Mimi Times - S500.00 New Times - SS00.00 Free Press - $250.00 Key west Citzen- $250.00 $500.00 SEE Magazine - 5500.00 G"CE JCNES m CCMMUNI CENTEi�, /NCe T-' VV= #jzn d1 at etrag%t cult . Marathon. FL 33050 (305) 743-6064 - FAX (305) 289-7221 EXHIBIT "B" Application for Funding from the Monroe County Tourist Development Council Organization Representing Artistic/Special/Dramatic Events Application Date: June 9, 1994 Event: Grace Jones Children's Festival Location: NationsBank Activities Field, MM50, Marathon, FL (alternate site: San Pablo Field, Marathon) Date of Event: February 10 (5:00 p.m. - 10:00 p.m.) February 11 (10:00 a.m.- 10:00 p.m.) and February 12, 1995 (10:00 a.m. - 5:00 p.m.) Estimated Attendance: 5000 (based on 25% increase of 1994 attendance) Event Description: Grace Jones Children's Festival focuses on an international celebration of families and activities for children --celebrating the children/family cultures of many nations. Last year, our Parade of Nations featured children from Grace Jones Day Care in native costumes. The 1995 festival will expand that theme to "Children of Many Nations." Area school children, local musicians, choral and drama groups, etc. will perform songs and dances in addition to carnival rides, booths, puppet shows, fashion shows, kite flying contests, and other activities for family participation. The cultural contributions of Americans of various ethnic backgrounds will be also be featured --especially as those contributions furthered family and children's issues. Name celebrity entertainers will bring an additional flair to the event. New this year, and a key component of the festival, will be a car raffle that will be awarded the last day of the festival. Prior to the festival the car will be on display to encourage ticket sales. Banners on the car will identify any major sponsors such as "Florida Keys and Key West." All of the proceeds benefit Grace Jones Community Center, a non-profit day care for needy children. Impact of Event on Tourism: Events and performances featuring children are always a popular attraction. Parents, grandparents, friends, and neighbors enjoy seeing children perform. The combination of children's performances, carnival rides, and lots of good entertainment will provide a fun experience for visitors to the Keys. The presence of a name entertainer will draw additional audiences to the event. The Grace Jones Festival has grown bigger and better each year. With the infusion of TDC monies for expanded advertising, the festival will be able to draw larger crowds to the Keys. This festival has the advantage of providing a fun activity for families with children, a group that is often limited in the number of vacation activities that they can enjoy together. Grace Jones Children's Festival - Page Two sponsoring Organization: Grace Jones Community Center, Inc. Address: 230 41st Street Phone: 305-743-6064 Marathon, FL 33050 Fax: 305- 289-7221 Contact Person: Kathy Lancaster Phone: 305-743-6064 June Helbling 305-743-7845 History of Organization: Since 1986, Grace Jones Community Center, Inc. has operated as a non-profit child care center for needy and at -risk children in the Middle Keys. Parent fees are on an ability -to -pay basis and services are subsidized by HRS. Historically, the center has been financially supported through the donations and goodwill of the people of the Middle Keys to ensure that infants, toddlers, and pre-school children have an opportunity for a good start in life. History of Event: Grace Jones Day Festival started out as a one -day neighborhood fundraiser for the day care in 1986. As the festival grew, the event was moved to the NationsBank Field at MM50 in Marathon. In 1994, the festival was expanded to two days and will be expanded to another 1/2 day in 1995. The event has a nine-year history of operation in Marathon. Despite very meager beginnings, the festival has grown every year due, in part, to the worthiness of the cause and the leadership skills of its organizers. Every dime of the monies raised goes to the continued operation of the non-profit day care, the only child care center that serves low income and at -risk children in the Middle Keys.