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FY1995 03/15/1995BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 y�ouNryc 0M.cu'�o`Rti 6� o: .m • o•O' r� ........• ?E COUNTY. tv -Zannp 1. Rotbage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 MEMORANDUM TO: Mayor Samuel J. Feiner, Chairman Tourist Development Council FROM: Ruth Ann Jantzen Deputy Clerk DATE: March 22, 1995 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 At the March 15, 1995 County Commission Meeting, the Board granted approval and authorized execution of the following documents: Agreement between Monroe County and Diversified Cleaning Services, to provide janitorial services for the Administrative Offices of the Tourist Development Council, for an amount not to exceed $3,648.00,Fiscal Year 1995, Two Penny, Administrative. Funding Agreement between Monroe County and the Redbone, Inc., covering the Mariner Outboard Baybone, October 6-8, 1995, for an amount not to exceed $6,500.00,Fiscal Year 1995, Two Penny, allocated under the Fishing Umbrella. Funding Agreement between Monroe County and the Islamorada All -Tackle Bonefish Tournament covering the Islamorada Bonefish Tournament, October 9- 13, 1995, for an amount not to exceed $1,500.00,Fiscal Year 1995, Two Penny, allocated under the Fishing Umbrella. Funding Agreement between Monroe County and Sloppy Joe's/Galleon Marina covering the Sloppy Joe's/Galleon Marina Fish Round -Up, October 12-15,1995, for an amount not to exceed $6,500.00,Fiscal Year 1995, Two Penny, allocated under the Fishing Umbrella. f 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 Redbone, Inc. (hereinafter referred to as "Event Sponsor"); WHEREAS, the umbrella organization under contact 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; THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. BOCC shall pay to Event Sponsor a sum not to exceed six thousand five hundred dollars ($6,500.00) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit A, in producing the Mariner Outboard Baybone, October 6-8, 1995. Payment will be made Mly after iobmiS'Sion by Event Sponsor of invoices and support documentation accept_#bi�to UN Finance Department of the Clerk of the Circuit Court. The advertising and pr&notion�udg�"bfor County funding may be altered as to the individual line items, ors:—ompon i ts, w hin 10% of the amount stated for that item or component, without increasing the5tal dollar amount. No budget amendments are permissible once the BOCC- has apMDveghe contract. 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 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. 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 BOCC and its agents and employees access to said records at reasonable times. 1 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 LZday of Ft ar"Ao 1999 (SEAL) Attest: Danny L. Kolhage, Clerk (CORPORATE SEAL) Attest: By Secretary OR Witness Board of County Commissioners -3 1 is) cis of Monpq County ,fWdbone, Inc. P sidern Approved a o form and legal sufficiency: Date: / 9-5 c><Q ' - N SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STA S_ ON PUBLIC ENTITY CRE%4ES 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 MOnrOe County Board of Countv Camrni•ssioners by CARY ELL I S [print name of the public entity] [print individual's name and title] name of entity whose business address is sworn 200 INDUSTRIAL DRIVE, P.O. BOX 273, ISLAMORADA, FL. 33036 and (if applicable) its Federal Employer Identification Number (FEII9 is 6 5 - 01- 8 014 9 (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 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 beliet 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, 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 SUBMISSION 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 DECEM 3ER 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 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATIW CONTAINED IN THIS FORM. n NC� Sworn to and subscribed before me this day of Personally !mown L� OR Produczd identiLc.atioa Notary Public O`PR, 2 " ss (Type of identification) My Wmmii0 (Printed typed or star commissioned name ( Form PUR 7068 (Rev. 06/11/92) 1915 RHONDA J MALOUONNEY COMMISSION NUMBER MY COMMISSION EXP notary public) EXHIBIT "A" BUDGET 15REAKDOWN PI,pkZDl► KEYS FISHIN0 9RN UAMi:KTs i INC. rlSCAL YEAR MERCUnY OUTBOARDS' BAYEONI -------------r----------- i DIRECT HAIL 0 POSTAGE $ =-0-- BROCHURES1 POSTERS, c.V PROGRMS, PATCHES — TROPHIES i PHOTO PR4GRAx GENERAL - NON -ALLOCATED S SQ0 I $6;500.00 i i i DATE _ t EXHIBIT "B" THE 5th ANNUAL MARINER OUTBOARDS BAYBONE October 6, 1995- Friday 8:00 a.m. Celebrity Golf Tournament immediately followed by Awards Luncheon and Golf Clinic. (location t.b.a.) 2:00 p.m. Registration for Guides, Anglers, 6:00 p.m. Celebrities, 6:00 p.m, Cocktail Reception, 6:00 p.m. Silent Auction, bid on tackle jewelry, art work and vacation packages, 6:30 p.m. Guides and Anglers Rules Meeting, 7:00 p.m. Kick-Off'Buffet . 8:00 P.M. Silent Auction Closes -Winners Announced. 8:15 p.m. Live Auction, . October 7,-Saturday* * *GUIDES Must check in with Scorekeeper prior to Departure 6:00 a.m. Continental Breakfast for Anglers, Guides, Celebrities, and Guest. 6:45 a.m. Blessing of the Fleet, Boats depart and GO FISHING. 3:00 p.m. Lines out of the water. 3:00 p.m. Celebrity Dockside Party- 5:00 p.m. * * *GUIDES must check -in with scorekeeper before 5:00. October 8, 1994 -Sunday * * *GUIDES Must check in with Scorekeeper prior to Departure. 6:00 a.m. Continental Breakfast, 6:30 a.m. Boats may depart anytime after check -in with scorekeeper. GO FISHING 3:00 p.m. Lines out of the water. 3:00 p.m. Celebrity Dockside party, 5:00 p.m. * * *GUIDES must check in with Scorekeeper prior to Departure. 7:00 p.m. Cocktail Party and Awards Banquet,