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10/18/1995 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 Marathon Chamber of Commerce hereinafter referred to as "Event Sponsor"); -'" .-T'J WHEREAS, the umbrella organization under contract to~h~ BO~ h~ recommended to the Monroe County Tourist Development Colimit;(he!:.@inatie} "TDC"), which has endorsed the recommendation, that certain moneY~1>e allo~ted ~:r ,"._ ___ -... :::c promotion of an event; z . ::.u THEREFORE, in consideration of the mutual promises cont~rned he(jin, ~ o parties agree as follows: t;. ?:? .J 1. BOCC shall pay to Event Sponsor a sum not to exceed $10,000.00 (ten thousand dollars) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit A, in producing the Pirates Festival, on May 3-5, 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. 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. 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. 7. 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. 8. 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. 9. Event Sponsor warrants that he/shelit has not employed retained or otherwise had act on hislits 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 18 t6 day of 0,,-/.. 1995. (SEAL) Attest: Danny L. Kolhage, Clerk !l,.t.JJ.~C. ~~ Deputy Crerk (CORPORATE SEAL) Attest: Board of County Commissioners of Monroe County cS~~-;&Ct 4'~.v y r an Marathon Chamber of Commerce By Secretary By^~r~ President OR4~~ ~u- ~~~ Witness Approved "a;; to form and legal SUfficienccS ~:;P:' Date: 8f1'1f'S 2 EXHIBIT A Collateral $ 1,300.00 Production - Out of County 300.00 Public Relations 800.00 Broadcast Advertising - out of county 1,500.00 in county 500.00 Print Advertising - out of county 4,300.00 in county 1,300.00 TOTAL $10,000.00 September 21, 1995 "" '. < EXHIBIT B C. SOUNDNESS OF PROPOSED PROJECT: Schedule of Programs for the Event--Evening Programs Pirate School at the Buccaneer Resort Friday May 3, 1996, 7 p.m.- 10 p.m. Mile Marker 48.5, est. audience 300 Learn to walk, talk and act like a pirate. Sunset celebration with food, drink and revelry. Pirate Invasion of Pigeon Key Saturday, May 4, 1996, est. audience 300 Cruise aboard the H.M.S Looe with Calico Jack & his merry crew and be the first wave of pirates to descend upon the island of Pigeon Key. Pirates Festival and Thieve's Market Saturday, May 4 and Sunday, May 5, 1996 Pigeon Key M.M. 47, est. audience 4,500 Historic Pigeon Key will be transformed into a Pirates stronghold from day of olde by a cast of over 100 pirates and 30 stage shows daily. There will be Island food and drinks, Native Arts & Crafts, Treasures and Trinkets. Featured during the day will be Pirate Encampments, storytellers, sword fights, rat pucking, games and songs of the sea. Marketing Plan This festival will be aggressively marketed in the Tampa/St. Petersburg area as well as the St. Augustine area. These areas represent a "target population" that participate in the Gasparilla Festival, Billy Bowlegs Festival and the reenactment of Drake's Invasion of St. Augustine. Contact has already been made for involvement with Cayman Airlines to provide tickets for the Caymen Pirates Festival in '96 as a grand prize for the '96 Pirates in Paradise Festival. Tinsley Advertising has historically been supportive of our wishes for targeting areas that have "like festivals". The Miami Herald as well as the Miami New Times have given us good response in well placed ads. The Florida Keys' print media is also supportive in publishing related articles about the festival. The Florida Visitor Centers will also be contacted to distribute brochures through the months of April and May. Attached is a copy of the 1995 Advertising Schedule. 12345 4 SWORN STATEMENT PURSUANT TO SECOON 28'1.133(3)(a), FLORIDA STATUTES. ON PUBUC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBUC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.. 1. by]( for. whose business address is /).')..).~ 0 V€rjta5. Ih)J/iJllf !VaiL/lllff}}~ Ufl .. Fl. .;jtJSV and (if' applicable) its Federal Employer Identification Number (FEIN) is S9 - 05'//790 . . (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 oi 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 contIact 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. me.ms a finding of guilt or a conviction ot a public entity crime, with or without an adjudication ot 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. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes. means: 4. 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the conuol 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, employ~ membelS, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a conuolling 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 knowingiy enters into a joint venture with a person who has been convicted of a public entity crime in Rorida during . the preceding 36 months shall be considered an affiliate. 5. I understand that a "person- as defined in Paragraph 287.133(l)(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 ot goods or servirei let by a public entity, or which otherwise transactS or applies to transact business with a public entity. The term wperson- includes those officers, directors, executives, panners, shareholders, employees, members, and agents who are active in management of an entity. C5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this swom statcmcnL [indicate wbIcI1 statement .ppDes.] . -:;L... Neither the entity submitting this swom statement, nor any of its officers, directOrs, ~tivc:s, partDers, shareholders, employees, members, or agents who are active in the management of the enuty, nor any affiliate of the entity has been charged with and conviaed of a pubUc entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, elCCUtives, panners, 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 conviaed of a public entity crime subsequent to July ~~8~ . - The entity submitting this swom. staiement, or one or more of its officers, directors. executives, panners. 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 Fmal Order entered by the Hearing Officer deten:tined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor lisL [attach a copy 01 the final order] _ I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OmCER FOR THE PUl3UC ENTI1Y ID~ lll'J..t;IJ IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBUC 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 REQumED TO INFORM THE PUBUC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STA ThiES FOR CATEGORY nvo OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Jd;t~) ~^ / [signature ] Sworn to and subscnced before me this .,;;) '1 ~ day of .19~ Personally known ~ OR Produced idcntiiiwtioil No :\",~y PU,9 OFFICIAL NOTARV SEAL o (" ~ ), ~:'7' '0 VERA M WOLFORD l My _.: ~~'SSION NUMBER 7.... ~* Q ~ 'O~ MY COMMISSION EXP OF F\. . (printed typed or stamp commissioned name of notary public) (Type of identification) Form PUR 7068 (Rev. 06/11192)