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FY1996 10/18/1995FUNDING 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 Holiday Isle Resort & Marina (hereinafter referred to as "Event Sponsor"); WHEREAS, the umbrella organization under contract tqE �f BA recommended to the Monroe County Tourist Development Council (hqrpinair "TDC"), which has endorsed the recommendation, that certain monies -be allghated4or z •- promotion of an event; THEREFORE, in consideration of the mutual promises cofitained ltrein{ the parties agree as follows: 1. BOCC shall pay to Event Sponsor a sum not to exceed $5,000.00 (five thousand dollars) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit A, in producing the 12th Annual Holiday Isle Dolphin Tournament, June 22-23, 1996. 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. 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 day of .1995. (SEAL) Board of County Commissioners Attest: Danny L. Kolhage, Clerk of Monroe County Deputy Clerk (CORPORATE SEAL) Attest: 0 7 41AUQ& / . %%D��-Ij Witness Approved to form and legal sufficienc Date: Mayor/Chairman Holiday Isle Resort & Marina a 2 BUDGET BREAKDOWN FLORIDA KEYS FISHING TOURNAMENTS, INC. FISCAL YEAR 1996 KEY LARGO HOLIDAY INN DOLPHIN TOURNAMENT ------------------------------------------ DIRECT MAIL & POSTAGE $ 500 BROCHURES, POSTERS, PROGRAMS, PATCHES $ 200 TROPHIES $ 750 PHOTO PROGRAM $ 50 MEDIA ADVERTISING $ 2,900 T-SHIRTS, CAPS, JACKETS $ 500 *GENERAL - NON -ALLOCATED $ 100 $ 5,000 *GENERAL NON -ALLOCATED IS NOT TO EXCEED 15% OF THE TOURNAMENTS TOTAL BUDGET. Ln-\�Gkl VD FLORIDA KEYS FISHING TOURNAMENTS, INC., TOURNAMENT SCHEDULE OF EVENTS FISCAL YEAR 1996 THE 12th ANNUAL HOLIDAY ISLE DOLPHIN TOURNAMENT TOURNAMENT NAME DAY 1 AM r- • PM 6: 00 EVENING EVENT REGISTRATION IN THE QUARTERDECK 7:00 COCKTAIL PARTY 8:00 RULES MEETING DAY 2 _ 8 :QL-AM FIRST DAY OF FISHING LINES IN WATER 4 : 00 PM LINES OUT OF WATER 6 : 00 EVENING EVENT BANQUET ON HOJO BEACH DAY 3 8:QQ--AM SECOND DAY OF FISHING LINES IN WATER 4 : 0 0 PM LINES OUT OF WATER 6 :00 EVENING EVENT AWARDS PRESENTATION DAY 4 AM PM EVENING EVENT SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA 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 toMONROE COUNTY BOARD OF COUNTY COMMISSIONERS by JOSEPH H. ROTH, JR. ![Print name of the public entity] �gg MANAGING OWNER for HOLIDAY ISLErint in SRESORT & VARINA [print name of entity submitting sworn statement] whose business address is R4001 OVERSEAS HIGHWAY ISLAMORADA FL 33036 and (if applicable) its Federal Employer Identification Number (FEIN) is (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, is an 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 polo contender.f 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 is another person, or a pooling of equipment or income among persons when not for fair market value under as arm's length agreement, shall be a prima facie casethat 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(i)(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. Th e term "person" includes those officers, directors, executives, partners, shareholders, employees, memb agents who are active in management of an entity. ers, and 6.. Based on information and belie4 the statement which I have marked below is true in relation to tLe sni ty 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 IDENTMM IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC EN= 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 REQUIIM TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STAMTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAQMU IN THIS FORM. Sworn to and subscribed before me this MM6L day of Personally known OR Produccd identification (Type of identification) Form PUR 7068 (Rev. 06/11192) 19 �-5 Notary Public - State of=��� My commission expires (Printed typed or stamped commissioned name of notary public) OFFICIAL NOTARY SEAL LYNDA L. MORTENSEN NOTARY PUBLIC, STATE OF FLORIDA Ny Commission Exp. April 26, 1907 .� COMMISSION No. CC 272820