FY1996 10/18/1995BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
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Maw X. Rotbay
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
M E M O R A N D U M
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
TO: Ginger Sager,
Administrative Assistant
FROM: Isabel C. DeSantis, Deputy Clerk &C,B,
DATE: November 3, 1995
At the Board of County Commissioner's meeting of October 18,
1995, the Board granted approval and authorized execution of
the following items:
1. Funding Agreement between Monroe County and the Pigeon Key
Foundation, covering the Pigeon Key Benefit Tournament,
February 19 through 23, 1996, FY 96, Two Penny, allocated
under the Fishing Umbrella, in an amount not to exceed
$5,000.
2. Funding Agreement between Monroe County and Holiday Isle
Resort & Marina, covering the loth Annual Holiday Isle
Sailfish Tournament, February 2-4, 1996, FY 96, Two Penny,
allocated under the Fishing Umbrella, in an amount not
to exceed $5,000.
3. Funding Agreement between Monroe County and Holiday Isle
Resort & Marina, covering the 12th Annual Holiday Isle
Dolphin Tournament, June 22-23, 1996, Two Penny, allocated
under the Fishing Umbrella , in an amount not to exceed
$5,000.
Attached hereto are two duplicate originals of the above
documents, one for return to the Sponsor, and the other for your
files.
Should you have any questions, please do not hesitate to contact
me.
cc: County Attorney
County Administrator w/o docs. Finance
*?ile
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 Holiday Isle Resort & Marina (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 monielbeallowed tar
rn
promotion of an event; = . z
0
THEREFORE, in consideration of the mutual promises contained heroin, t13�
parties agree as follows: `�' ✓
1. BOCC shall pay to Event Sponsor a sum not to exceed $5,0000 (fib
thousand dollars) for promotion and related expenditures, as -describes in V*
event budget, attached hereto as Exhibit A, in producing the 10th Annual Holiday
Isle Sailfish Tournament, February 2-4, 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 8 day of .1995.
(SEAL) Board of County Commissioners
Attest: Danny L. Kolhage, Clerk 40" of o roe ounty
sni C.
Deputy Clerk Mayor#Chairman
Witness
Approved as to form and legal sufficiency -
Date:
Holiday Isle Resort & Ma
sident
2
f-AIL)l- �\
BUDGET BREAKDOWN
FLORIDA KEYS FISHING TOURNAMENTS, INC.
FISCAL YEAR 1996
HOLIDAY ISLE SAILFISH TOURNAMENT
---------------------------------------------
DIRECT MAIL & POSTAGE $ --0--
BROCHURES, POSTERS,
PROGRAMS, PATCHES $ --0--
TROPHIES $ 1,500
PHOTO PROGRAM $ --0--
MEDIA ADVERTISING $ 3,500
T-SHIRTS, CAPS, JACKETS $ --0--
*GENERAL - NON -ALLOCATED $ --0--
$ 5,000
*GENERAL NON -ALLOCATED IS NOT TO EXCEED 15% OF THE TOURNAMENTS
TOTAL BUDGET.
f�i40"
DAY 2
DAY 3
DAY 4
FLORIDA KEYS FISHING TOURNAMENTS, INC.,
TOURNAMENT SCHEDULE OF EVENTS
FISCAL YEAR 1996
HOLIDAY ISLE SAILFISH TOURNAMENT loth ANNUAL
TOURNAMENT NAME
AM
PM
6.00 EVENING EVENT
7:00 COCKTAIL PARTY
8:00 RULES MEETING
8 00
REGISTRATION IN THE QUARTERDECK
AM FIRST DAY OF FISHING
4 :0 0 PM LINES OUT OF WATER
EVENING EVENT
LINES IN WATER
8: 00 AM SECOND DAY OF FISHING LINES IN WATER
4: 00 PM LINES OUT OF WATER
6: 00 EVENING EVENT
AM
PM
EVENING EVENT
AWARDS BANQUET
SWORN STATEMENT PURSUANT TO SECTION 237.133(3)(a),
FLORIDA STATUTFR ON PUBLIC ENTITY CRE%IES
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 COUNTY CON51ISSIONERS
by JOSEPH H. ROTH, JR. [pit name of the public entity]
If
MANAGING OWNER
for HOLIDAY�ISLEsRESORT title
&
� MARINA
[print name of entity submitting sworn statement]
whose business address is
84001 OVERSEAS HIGHWAY, ISLAMORADA, FL 33036 -
and (if applicable) its Federal Employer Identification Number (FEIIN) 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, in an
federal or state trial court of record relatingto charges brought y
g gh 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 whey 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 prewAing 36 months shall be considered an affiliate.
S. 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 beiie4 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 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, FLORMA
STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTApIEM MTHIS FORM.
Sworn to and subscribed before me this day of 19
Personally knowny
OR Prcducad identification Notary 'Public - State of i I
(Type of identification)
Form PUR 7068 (Rev. 06/11192)
My commission expires
(Printed typed or stamped
commissioned name of notary public)
OFFICIAL NOTARY SEAL
LYNDA L. MORTENSEN
NOTARY PUBLIC, STATE OF FLORIDA
N Ny Commission Exp. April 26, 1997
COMMISSION NO. CC 272820