FY1995 10/20/1994 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 Hawk's Coy Resort (hereinafter referred to as "Event Sponsor");
WHEREAS, the umbrella organization under contract to the BOCC has
recommended to the Monroe County Tourist Development Council (her@Mafter
"TDC"), which has endorsed the recommendation, that certain monies be allocated
for promotion of an event; ;
THEREFORE, in consideration of the mutual promises contained hers, the'
parties agree as follows:
1. BOCC shall pay to Event Sponsor a sum not to exceed two thousand;
three hundred and seventy-five dollars ($2,375.00) for promotion and related
expenditures, as described in the event budget, attached hereto as Exhibit A, in
producing the Hawk's Cay United Way Dolphin Scramble. September 16, 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
attorneys 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.
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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 I-(4h day of CC f‘ 1994.
(SEAL) Board of County Commissioners
Attest: Danny L. Kolhage, Clerk of Monroe County
C_ Depu le�LIM Mayor/Chairmaa ( •Ti:4-rk
(CORPORATE SEAL) aC
ay MPaINVESTORSS, LTD. ,
Attest: By: Hawk's Cay Management, Inc.
a Florid Corp eneral Partner
By By �resi ent
Secretary Donald H. Johnson
OR
a e1 et t Wi
Witness
Approved as rm and legal sufficiency: W
Date:
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SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STA7T1179. 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 to BOARD OF COMMISSIONERS OF MONROE COUNTY
(print name of the public entity]
by DONALD H. JOHNSON, PRESIDENT
[print tudivhival's name and title]
for HAWK'S CAY MANAf,FMFNT. INC.
(print name of entity submitting sworn statement]
whose business address is
and (H applicable) its Federal Employer Identification Number (FEIN) is 59-2293980
(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 tainted 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'conticted•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 'affiliae as defined in Paragraph 287.133(1)(a), Florida Statute, means:
1. A predecessor or successor of a.person convicted of a public entity aims; 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 fade 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.
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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.(
X Neither the entity submitting this sworn statement, nor any of W officers, directors, executives,
partners,shareholders,employees,members,or agents who as active in the management of the entity, nor
any affiliate of the entity has been charged with and convicted of a public entity aim 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.
partners,The shareholders, employees, members, or, agents who are active In the management of tg this sworn statement, or one or more of its officers, he entity,
or
n 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 FEED.
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,yLt1RIDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE ENE O MkTIOCOAIN THIS FORM.
HAWK INVESTORS,
A Florida Limited Partnership
By: Hawk's Cay Management, Inc.
a Finrirla ram. n General Partner
By:
Donald-H:-So n n, President
Sworn to and subscribed before me this 21st day of San
temhhvr 11.9 955' '
Personally Renown X / y"„tire /�'LC/tet-e,c—
OR Produced identification Notary Public -State of Fl on da
My commission expires March 10, 1998
(Type of identifiation) Kathryn L. Wallace
(Printed typed or stamped
commissioned name of notary public)
f P0B KATHRYN L.WALLACE
i ci
E COMMISSION XCC354532
\ EXPIRES MAR 10,1998
NDED
9�'DinP' ATLANTICBOBONDINGTHRUCO.,INO.
Form PUR 7068 (Rev. 06/11/92)
EXHIBIT "A"
BUDGET BREAKDOWN
FLORIDA KEYS FISHING TOURNAMENTS, INC.
FISCAL YEAR 1994-95
HAWK'S CAY UNITED WAY DOLPHIN SCRAMBLE , it 7 _f
DIRECT MAIL & POSTAGE $ 475. 00
BROCHURES, POSTERS,
PROGRAMS, PATCHES $ 475.00
TROPHIES $ 285.00
PHOTO PROGRAM $ 190.00
GENERAL - NON-ALLOCATED
BANNERS, OTHER MEDIA ADV. $ 950.00
& FLYERS
$2,375.00
EXHIBIT "B"
FLORIDA KEYS FISHING TOURNAMENTS, INC.
TOURNAMENT SCHEDULE OF EVENTS
FISCAL YEAR 1994-95 - -
/4AM J,iek5 CA V Uflit irED WAY POL- PM,' (RAttiBLL
TOURNAMENT NAME
DAY 1 8:OOAM /'L11)77A:e7v771-L fag <r/1S7 - RutE<.(k- L4 7CAS
4:00PM. /A/r. // F'I
6:OOPM Dock' cb\ Ty
'SAY 2 8:00PM C NTIAI 1Y t t"_ BF lAl<FA T-
4:00PM (A)E16,1-1 I M
6:00PM MA)M?RS 01 1? :MANC/
DAY 3 8i00PM
4:00PM '
6:00PM
DAY 4 8:00PM - -
4:00PM
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6:00PM
DAY 5 8:00PM
4:00PM - - -
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.i 6:00PM