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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 Historic Florida Keys Foundation, 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; THEREFORE, in consideration of the mutual promises contained here, the T parties agree as follows: 1. BOCC shall pay to Event Sponsor a sum not to exceed three thousand; dollars ($3,000.00) for promotion and related expenditures, as described in th"verC budget, attached hereto as Exhibit A, in producing the Harry Truman Bir#hday; Party and Poker Tournament, May 6, 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. 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. 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 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, each party has caused this Agreement to be executed by its duly authorized representative, the AL --day of OcA • .1994. (SEAL) Attest: Danny L. Kolhage, Clerk (CORPORATE SEAL) Attest: By J'wt"-- Secretary Board of County Commissioners of Monroe County Mayo �r.v Tom. Historic Florida Keys Foundation, Inc. 2 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES. ON PUBLIC ENTITY CREWES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO AMEMSTER OATHS.. ip This sworn statement is submitted to by whose business address is 5cv 6�eew- a. and (if applicable) its Federal Employer Identification Number (FEIlN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: •) net 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 belied the statement which I have marked below fa 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, eJt mtives, 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 REQUIRM TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING EXCESSINTO A THRESHOLD PROVIDEDIN SECTION 287-0171 � STATUTES FORCATEGY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN HISF� Sworn to and subscribed before me this G 7hd-- day o 19111. Personally known ✓ OR Produczd identification (Type of identification) Form PUR 7068 (Rev. 06/11/92) ELMO' VGf27,-A Public State of / L� /.n LESLEE F. KEYS My commission eap„r t rnmm N cc aes (Printed typed or commissioned name of notary My Comm. Exp. July 28, 1998 EXHIBIT "A." HISTORIC FLORIDA KEYS FOUNDATION, INC. Old City Hall, 510 Greene Street, Key West, FL 33040 Telephone: (305)292-6718 Fax: (305)293-6348 Chairman Vice -Chairman Secretary -Treasurer Bernadette P. Lannon Daniel P. Toppino Lucie F. Adams Directors Irving R. Eyster Nikki Solita Robinson L.B. "Buff" Wiley Executive Director Leslee F. Keys 1995 Truman Birthday Party and Poker Tournament TDC Cultural Umbrella - Budget Direct Mail Piece/Postage $ 500.00 Video/News Release/Photos 2,500.00 Total $ 3,000.00 EXHIBIT "B" HISTORIC FLORIDA KEYS FOUNDATION, INC. Old City Hall, 510 Greene Street, Key West, FL 33040 (305)292-6718 (305)293-6348 Monroe County Tourist Development Council - Cultural Umbrella HARRY S TRUMAN BIRTHDAY PARTY AND POKER TOURNAMENT May 6,1995, 7-11 p.m., Little White House Grounds, Key West Event Description The festive event reflects President Truman's contributions to the nation, showcases his activities while in Key West, and celebrates his birthday in a manner he would have appreciated. The highlight of the party is a poker tournament which draws both professional and amateur players. The evening includes dinner and live entertainment. It concludes with the serving of a large birthday cake. The event's attendance rose substantially in 1994, no doubt with the publicity assistance of Stuart Newman and Associates through a local event contribution. In addition to the event's coverage in state magazines, radio stations, and Miami television news, CNN taped the entire event for distribution to its 160 national affiliates. This event is quite popular with Floridians, particularly members of the military, Truman buffs, and serious poker players. Its scope is sufficiently broad to provide a challenge for those who want to play poker and to entertain those who do not. Honorary chairpersons each year are Mary Spottswood, a friend of the Trumans in Key West, and Mary Drettmann, President of the Little White House Company. Impact of Event on Tourism: Effects on the local economy will be realized in both the short and long- term. Attendants at the event who have travelled from Florida's mainland and throughout the Keys will patronize the local restaurants, shops, and most importantly, spend the night in town. The timing of the event is significant as it represents one of the first weekends after the drop from seasonal hotel rates. In -state residents come to the Keys after the winter residents have gone northward.