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09/21/1994f FUNDING AGREEMENT ~'f_ED `' ` ' 0 94 OCR o� 2 �28 THIS AGREEMENT is made and entered into by and between the Boar County Commissioners of Monroe County, Florida, (hereinafter referrediAo as the "BOCC") and the Fishing & Conservation Trust, Inc. (hereinafter jrpforpd,-t9'„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; 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 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 Metropolitan South Florida Fishing Tournament, on December 10, 1994 through May 7, 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. 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 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 2 (L day of 1994. (SEAL) Attest: Danny L. Kolhage, Clerk (CORPORATE SEAL) Attest: Secretly OR Witness Approved as to form and legal sufficiency: Date: ? Board of County Commissioners of Mo Count M Mayor/Chairman ing & Conservation Trust, Inc. President 2 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES. ON PUBLIC ENTTIY CRIDAES 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 p�Board of County Commissioners of Monroe Coun b Y Jack Hexter, Presiderif t name of the public entity] [print Individual's name and title] for Fishing and Conservation Trust, Inc. dba Metropolitan South Florida Fish [print name of entity submitting sworn statement] ournament whose business address is 1431 N. Bayshore Drive., Miami, FL 33132 and (if applicable) its Federal Employer Identification Number (FEIN) is 5 9 - 2 2 2 5 010 (If the entity has no FEIN, include the Social Security Number of the individual signing this swwR p"ment: 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 belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] xxx 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 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 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN ORMATION M. IN THIS FOR ack Hext "$ ldent Sworn to and subscribed before me this 13 day of September 194 Personally known Yes OR Produced iuentific.ation (Type of identification) Form PUR 7068 (Rev. 06/11/92) �//ate /i?a-✓ Notary 'public - State of Florida My commission expires 11 / 14 / 9 4 Linda S . Baker (Printed typed or stamped commissioned name of notary public) rootBN Fi �a,` c rp 0f �+,r.r �a a? Large my(, _ ._ ' 1 S9+ cop d two ',g .:ye��CY EXHIBIT "A" BUDGET BREAKDOWN FLORIDA KEYS FISHING TOURNAMENTS, INC. FISCAL YEAR 1994-95 METROPOLITAN SOUTH FLORIDA FISHING TOURN. ------------------------------------------ DIRECT MAIL & POSTAGE $ 190.00 BROCHURES, POSTERS, PROGRAMS, PATCHES $ TROPHIES $ 712.50 PHOTO PROGRAM $ GENERAL - NON -ALLOCATED BANNERS, OTHER MEDIA ADV. & FLYERS $ 522.50 $1,425.00 EXHIBIT "B" AFFILIATE QUESTIONNAIRE 1. Official Tournament Name Metropolitan South Florida Fishing Tournament 2. Na:::�- of Petitioning Or an ti n Fishing and Conserv�tior rust, Inc. dba Metropolit .0 South Florida Fishing 11;,00 Overseas Highway, Marathon, FL 33050 3. Mailing Address Suzan Baker 4. Person in Charge 5. Phone 1431 N. Bayshore Drive, Miami, FL 33132 6. Address (If different) 7. Check One: For Profit 800-894-0125 Non -Profit xxx 8. Location of Tournament or Host Site Address Key West/Oceanside Marina and Marathon/Tournament Bait & Tackle December 3, 1994 December 2, 1995 9. Date(s) of Tournament 10. Next Year 11. Format (Release, Modified Release, Weight Fish, etc.) 96% release 4% 'weigh fish 12. Target Species (If more than one, list separately) see attached list of species 13. Entry Fee 14. Angler or Boat Tournament none Angler tournament 15. Describe how this tournament will benefit Monroe County Should have 800 registered anglers - with 50.0-600 from out of county based on 1992 and 1993 entries - hotels, restaurants, fishing. guides, shops benefit from this tournament (Use separate sheet if necessary) Florida Keys Fishing Tournament, Inc. can only authorize funds for promotion and advertising. Amount Requested: $ 10,000 on a separate sheet list how money will be spent, listing specific vendors if possible. ' FL. KEYS FISHING TOURN. 3058720604 P.02 else Miami HMO Metropolitan South Florida Fishing Tournament 1431 NORTH BAYSHORE DRIM MiAMI, FLORIDA 33132 305-376-36" Fax 305-9954M33 Founded to 19M - Free To The Pubic August 18, 1994 t Florida Keys Fishing Tournaments, Inc. PO Box 420311 j Summerland Key, FL 33042 FIN —NOR Gentlemen: We have received a copy of the 'Official 1995 Florida Keys Fishing Tournament Guide.' We note, with some dismay, that the dates printed for the 60th MET tournament are incorrect. They read: Kickoff: December 3, 1995 m� Open: December 10, 1995 - End. May 7, 1996 ' ^a r ,r �1,. °A0RI""a"`t.410 They should Kickoff: December 3, 1994 Open: December 10, 1994 read: aahnison End: May 4, 1995 ouTNOAPW! We request a correction for any future printings. �iWa Thank you. 0M*ff=1*W oUW1' very truly yours, simn Biker Bxocutiva D rao. 16a ADS cc: Allan Herman, President Jack Hexter, President -Elect BORDERS �»c. AVTHOttlTlj q19 N-TUX90D RUM vwes r Ah— w U). ww 1% „JN 4) Aude, Inc. publlx Super Markets, Inc.