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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.l["I'.:M..A_.~r,QfC()mmerce (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~waft~ "TDC"), which has endorsed the recommendation, that certain monies be allOcated, CJ for promotion of an event; , -n THEREFORE, in consideration of the mutual promises contained her~tQ, th~ '~ parties agree as follows: .,' '~1 1 . BOCC shall pay to Event Sponsor a sum not to exceed eight thcidsan~ one hundred and seventy dollars ($8,170.00) for promotion and relateCP expenditures, as described in the event budget, attached hereto as Exhibit A, in producing the .i11tll;r.~lriM~e,~_''',*,~.t 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/shelit 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 0 C + . . 1994. (SEAL) Attest: Danny L. Kolhage, Clerk ~,,*'1 ~~ (CORPORATE SEAL) Attest: Board of County Commissioners of Monroe County t7. ~~ MayorfCRsirman I.Yrv T-e"YV\.- Greater Marathon Chamber of Commerce /? ".,/ /,,/ // k:1 By rff~:~C~~ OR B Witness . d//- ~~r:~V~.yJ~m and legal SUffiCienCY~.m....</ ~ 2 SWORN STATEMENT PURSUANT TO SECl10N 287.133(3)(a), FLORIDA STATUTES. ON PUBLIC ENTlTY CRIMFS THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. . 1. B(.( (, (.t [~ICi)(CL {'LcnT,! . t ,.,. [print name of the ubllc entity] by 'J (\ {I {( - · n+ I \-I-C" ci'c r-- e anel ti e] for 1 y, C'), elf/a r11 eve I" 'J'it/le./' L c'-. [print name or entity submitting sworn statement] whose business address is J ,f,')-}') C \,it V':)el!", fl'l (j n~"H 1(,(). T:, \ ' . +t c}IH\J6\\f I 33Dc;U 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, in any federal or state trial coun 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. panners, 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'faciecase that one person controls another person. A person who knowingly enters into a joint venture wltl1-a person who has been convicted of a public entity crime in Florida during the preceding 36 months s~all 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 1 have marked below is true in relation to the entity submitting this swom statement. [indicate which statemeDt appUes.] . J Neither the entity submitting this swom statement, nor any of its ofliccrs. directors, cxccuUvcs, partners, shareholders, employees, members, or agents who are acdve in the mauagement of the entity, nor any affiliate of the entity has been charged with and mnvicted of a pubUc entity crime subsequent to July 1, 1989. _ The entity submitting this swom statement, or one or more of its officers, directors, erecutives. panners, shareholders, employees, members, or agents who arc active in the mauagcment of the entity, or an affiliate of the entity has been charged with and mnvicted of a public entity crime subsequent to July 1, 1989. The entity submitting this swom statement, or one or more of its officers, directors, executives, panii"ers, shareholders, employees, members, or agentS who arc active ill the mauagement 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 Oflicer of the State of Florida, Division of Administrative Hearings and the F'mal Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this swom statement on the mnvicted vendor list. [attach a copy of the f1nal order] - 1 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING omen FOR THE PUBUC ENTITY IDENTDlW IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBUC ENTlTY 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 PUBUC ENTlTY PRIOR TO ENTERING INTO A CONTRAcr IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SEcnON 287.017, FLORIDA STATIITES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ~",({O/ fJ!sJ1P' Swom to and subscribed before me this d- ~ day of l~y~b't.iC.. 19~. Personally known OR Produced identifiwtioil .--- Notaly Public - State of I-LC e \ 'D A- --- . (Type of identification) My mmmission expires Of... oS \ \ctC\l ~QbG= l-.. ;Wll." ~~ d~-t nnted typccl or stamped , mUUAilljoned name of notarY Dublic) .."...~~ OEBORAH JEAN FRIED~Oj:! *IKL.J:., . MlICommissionCC274156_- . . Expires Apt 05.1997 . . ~ByANB '~~",,~.;:l~1A~~ Form PUR 7068 (Rev. 06/11192) EXHIBIT "A" PIRATES IN PARADSIE III, MAV 4-7, 199~ T.D.C. Adverti$inQ Budget collateral.................................... S 1,000.00 Brochures, poster & flyers Production--Broadcast only.................... 300.00 Public Relation~.............................. 800.00 Broadcast Advertising Out of County Only.......................... 1,400.00 Print Advertising Out of County............................... 3,300.00 (New Times, Miami H..r~ld, Sun Sentenial) In County................................... 1,370.00 (Reporter, Free Press,Keynoter, Advertiser/Citizen) Total Requested........................ $ 8,170.00 EXHIBIT "B" ., In addition~ pre-event promotional materials will be handled by Stuart Newman in a more timely manner and more aggressively. Our out of county media budget also reflects a commitment from the F(::!stival to bring in more "heads in beds". We have asked Tinsley Advertising for strong advertising in the Miami Herald & Ft. Lauderdale Sun Sentinel and radio saturation in Dade and Broward Counties. The Festival will take responsibility for PSA's in areas with like festivals (i.e. Jacksonville~ Fort Walton Beach and Tampa/Sarasota). SCHEDULE OF PROGRAMS FOR THE EVENT: (including date~ location~ estimated attendance and event description) WEEKDAY EVENING EVENTS Pirates School Thursday~ May 4~ 7:00-8:30 p.m. Buccaneer Resort~ M.M. 48.5~ est. attendance 200 Ebeneezer Crumbee and crew will teach young and old how to walk~ talk and act like a pirate. Free to public. Pirate's Pi~Ro~2~ Friday, May 5~ 6:00-9:00 p.m. Pigeon Key, M.M. 43~ est. attendance 200 Come by boat or come by land to thlS newest event. The Pig Roast will be catered by Porky's Bayside-Adults 59.95, Kids $4.95 plus Ilve entertainment. WE!;:: 1<.;; N P_J,;.V E;.t.':LTl2. F' i r::.o t.?? .i.!::LY s,.r ~g.J.??__EJ~~2J:J v SI.L.:.5 ;:1. Sat. & Sun.~ May 6 & 7~ 10:00 a.m.-6:30 p.m. Museum of Natural History of the Florida Keys M.M~ 50, est. attendance 4,000 over the 2 days The beautiful wooded grounds of the Museum will be tran',;sformed into a Pirates .::;tronghclld complete wi th_ Island Food & Grog, Native Crafts~ Pirates encampment, storytellers, sword fights, bellydancers, games~ rides and songs of the sea. Adults $5.00, Students $3.00 under 12 free. .' SATURDAY ONLY In..Y.-9si,.Q.n of Marathon Saturday only, May 6, 8:00 a.m.-l:00 p.m. Shuckers Raw Bar, Dockside Lounge, Sombrero Resort, Winner's Dock, and NationsBank Special Events Field. Est. attendance 100 Embark on a thrill of a lifetime--sail with Cap'n "Cal ico ,Jack" Rackham up through Boot Key Harbor make stops at the various ports of call for provisions & drink till they reach Winner's Dock and Storm of the Museum of Natural History. $20.00/person signs you up as crew member plus free addm~ssion to the Festival. Battle of Boot Kev & Skainsmate Comoetition Saturday only, May 6, 3:30-6:00 p.m. Dockside Lounge, Sombrero Blvd. est attendance 100 Battle Boats will defend Boot Key from Cap't Stormy and crew by attacking the "Coral Lady" with regulation grapeshot (number tennis balls). The Battleboat with the greatest number of grapeshot in "Coral Lady"'s target is declared "Defender of Boot Key". Cost per Battleboat is $ 100.00. The Skainsmate Competition team competitions of skill and stupidity held on land with a 5 mate team at $25.00/team. S h i gw rec k e.r:...'-1Lf' a r:tY. Saturday only, May 6, 8:00 p.m.-Midnight Hurricane Raw Bar, Mile Marker 49.5, est. attendance 200 ........- Games of Chance, Hostages and Treasurers for Auction, Live Entertainment and Happy Hour Buffet & Prices. No cover charge, tokens 10 for $5.00. SUNDAY ONLY B~ttle of Port Marathon Sunday only, May 7, 3:00-6:00 p.m. Festival Grounds, M.M. 50, est. participation 100 Sponsored teams will compete in more games of skill & stupidity to become the Keeper of the Creed and Team Captain named Captain of all Pirates of Vaca Key. $50.00/Adult teams of 5. Official Quartermaster will be awarded to teams ages 12-17 years and Official Boatswain awarded to teams ages 12 and under. $25.00/Youth teams.