FY2010 10/21/2009
DANNY l~. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
October 23,2009
TO:
Lynda Stuart, Office Manager
Tourist Development Council
A TTN:
FROM:
Maxine Pacini
Administrative Assistant
"1kv
Pamela G. Hanc4k:lJ>.C.
At the October 21, 2009, Board of County Commissioners meeting the Board granted
approval an~i authorized execution of the Fishing Umbrella Event Agreements for Fiscal Year
2010, as per the attached spreadsheet totaling $254,100.
Enclosed are two fully executed duplicate originals of each of the attached for your
handling. Sllould you have any questions please feel free to contact our office.
cc: County Attorney
Finanre
File"
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FUNDING AGREEMENT
THIS AGREEMENT is made and entered into by and between Monroe County,
Florida, a political subdivision of the State of Florida ("County"), and Florida Straits Conch
Company ("Event Sponsor") on this AI day of Cft,.1-: ,2009.
WHEREAS, Florida Keys Fishing Tournaments, Inc., the umbrella organization under
contract to the County, has recommended to the Monroe County Tourist Development Council
(hereinafter "TDC"), which has endorsed the recommendation, that certain monies be
allocated for promotion of an event by Event Sponsor; and
WHEREAS, Event Sponsor has represented and agreed that it desires and is able to
conduct the event;
NOW, THEREFORE; in consideration of the mutual promises contained herein, the
parties agree as follows:
1. County shall pay a sum not to exceed $2,000 (Two Thousand Dollars) for
promotion and related expenditures effective October 21, 2009, as described in the event
budget, attached hereto as Exhibit "0", for production of the Conch Republic Ladies
Dolphin Championship in July, 2010 ("Event"). No amendments shall be made to Exhibit
"0" after approval of contract. Payment will be made only after Event Sponsor submits
invoices and support documentation acceptable to the County's Finance Department within
ninety (90) days of the conclusion of the Event. Funding under this agreement terminates
ninety days after the conclusion of the Event. 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. The general non-allocated section
of the Event budget shall not exceed 15% of the total budget and may be utilized for
unforeseen allowable expenditures and for those budget lines that may require
additional funds, according to County guidelines. Monroe County's performance and
obligation to pay under this agreement is contingent upon an annual appropriation by the
County.
2. In a situation where the Event has to be postponed due to a named storm or
hurricane for which the County orders a visitor and/or resident evacuation order, the Event
Sponsor shall have thirty (30) days to provide to Florida Keys Fishing Tournaments, Inc. notice
of a new date for the Event, and shall produce the re-scheduled Event within ninety (90) days
of the original date of Event. The rescheduled date shall be authorized, in writing, by The
Florida Keys Fishing Tournaments, Inc. and forwarded to the Tourist Development Council
administrative office to be processed in the form of an Amendment to this Agreement. If the
Event Sponsor is unable to reschedule the Event, the Event Sponsor shall provide proof of the
cancellation being caused by a named storm or hurricane, and a written statement as to why
the Event cannot be rescheduled.
Fishing Umbrella Funding FY 2010
Conch Republic Ladies Dolphin Championship
Contract 10#: 571
1
If the Event is cancelled or rescheduled due to a named storm or hurricane for which
the County orders a visitor and/or resident evacuation order, the County shall pay for
promotion or related expenditures of any combination of invoices for the original event date,
and/or the rescheduled date up to the amount, but not to exceed the amount of funds
allocated as described in the budget, attached hereto as Exhibit D
3. Event Sponsor shall provide promotion and related services as described in the
Sponsor's Schedule of Events, Exhibit "C", attached hereto. All advertising and public
relations services or supervision of advertising and public relations will be provided through the
contracted agencies of the TDC and County. The agencies of record, shall receive payment
of work in progress upon submission of documented invoices associated with the Event. Event
Sponsor fully understands that funding is obtained from tourist development taxes for which
the fiscal year ends September 30, 2010. Event Sponsor also understands that the
funding process through which this was Agreement is made available by County
requires event sponsors to submit their payment requests within ninety (90) days of the
conclusion of the event. In order for the tourist development taxes to be utilized most
effectively for the purpose for which they were authorized, attracting and promoting tourism,
the budgeting process of the County requires the Event's funding to be concluded in a timely
manner. In recognition that the timeliness of payment requests is of extreme importance to
the funding of future advertising and promotion for the stability of the tourist-based economy,
Event Sponsor agrees to submit within ninety (90) days of the conclusion of the Event all
invoices and support documentation as required by the County's Finance Department rules
and policies. Event Sponsor shall not be reimbursed nor will Event Sponsor's vendors be paid
directly for any invoices received by the County after October 29:1 2010. A list of Acceptable
Event Marketing Expenses is attached to the contract as Exhibit "A".
4. No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County
and the Event Sponsor agree that neither the County nor the Event Sponsor or any agent,
officer, or employee of either, shall have the authority to inform, counsel, or otherwise indicate
that any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in the Agreement.
5. Event Sponsor shall reimburse County for any amount of funds expended by
County in connection with the Event if it does not occur as a result of any act or omission by
Event Sponsor.
6. Indemnification: Event Sponsor covenants and agrees to indemnify and hold
harmless Monroe County, the Tourist Development Council, the 3406 North Roosevelt
Corporation (Visit Florida Keys), their officers, employees and agents 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
Fishing Umbrella Funding FY 2010
Conch Republic Ladies Dolphin Championship
Contract 10#: 571
2
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.
7. Claims and Venue: Event Sponsor agrees to notify County immediately of any
claims suits, or action made against the Event Sponsor that is related to the activity under this
agreement, and will cooperate with County in the investigation arising as a result of any action,
suit, or claim related to this Agreement. Any legal proceedings arising out of this agreement
shall be in accordance with the laws of the state of Florida in the 16th Judicial Circuit for
Monroe County; venue shall be in Monroe County, Florida.
8. Event Sponsor shall maintain records pursuant to generally accepted accounting
principles for four (4) years after the Event and shall permit County and its agents and
employees access to said records at reasonable times.
9. County 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 of the termination.
1 O. 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.
11. Event Sponsor warrants that he/she/it has not employed, retained or otherwise
had act on his/her/its behalf any former County officer or employee in violation of Section 2 or
Ordinance No. 1 0-1990 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.
12. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list. By signing below, Event Sponsor warrants that he/she/it is not in
violation of this paragraph.
13. Loao: Logo Usage guidelines are attached to this contract as
Exhibit "B". All promotional literature and display advertising with the exception of generic
advertising must display the "Florida Keys & Key West Come As You Are" logo/trade mark (as
Fishing Umbrella Funding FY 2010
Conch Republic Ladies Dolphin Championship
Contract 10#: 571
3
per attached logo sample). This logo/trade mark was adopted by the TDC and County in
December 2006.
In-County Loao: The logo that includes the "Monroe County Tourist Development Council"
designation is to be utilized in all approved in-county print newspaper ads, magazine ads,
street banners, posters and other approved signage efforts. Radio commercials should
include "Brought to you by The Monroe County Tourist Development Council". To seek
approval, clarification and/or logo in electronic format (.eps or .jpg file), contact Sharon Joseph
or John Underwood with Tinsley Advertising at 305-856-6060.
Out of County Loao: The out of county logo does NOT include the "Monroe County Tourist
Development Council" designation and is to be utilized in all other efforts including any
approved out-of-county print newspaper ads, magazine ads, television commercials, internet
advertising (banners, buttons, e-mail blasts), direct mail promotions (brochures and
pamphlets) and any approved promotional items including programs, T-shirts, hats, jackets,
trophies and koozie cups. Radio commercials should include "Brought to you by The Monroe
County Tourist Development Council". To seek approval, clarification and/or logo in electronic
format (eps. Or .jpg file), contact John Underwood at Tinsley Advertising at 305-856-6060.
14. Insurance Requirements are as follows: Event Sponsor, as a pre-requisite of the
Special Event governed by this agreement, shall obtain, at its own expense, insurance as specified
in this section.
Event Sponsor will not be permitted to commence work associated with the Event
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the county as specified below. Event Sponsor shall maintain the
required insurance throughout the entire duration of the Special Event and any extensions
specified in any attached schedules. Failure to comply with this provision may result in the
immediate suspension of the Event until the required insurance has been reinstated or replaced.
Event Sponsor shall provide, to the County, as satisfactory evidence of the required
insurance, either:
* Certificate of Insurance
or
* Certified copy of the actual insurance policy
A certified copy of any or all insurance policies required by this contract shall be filed with the Clerk
of the BOCC prior to the Event. All insurance poliCies must specify that they are not subject to
cancellation, non-renewal, material change or reduction in coverage unless a minimum of thirty
(30) days prior notification is given to the County by the insurer.
Acceptance and/or approval of Event Sponsor's insurance shall not be construed as
relieving Event Sponsor from any liability or obligation assumed under this contract or imposed by
law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies.
Any deviations from these General Insurance Requirements must be requested in writing on
the County form titled "Request for Waiver of Insurance Requirements" and must be approved by
Monroe County Risk Management.
Fishing Umbrella Funding FY 2010
Conch Republic Ladies Dolphin Championship
Contract 10#: 571
4
Event Sponsor shall furnish the County with a certificate evidencing the insurance required
by this paragraph not later than twenty (20) days prior to the Event.
Prior to commencement of work governed by this contract, Event Sponsor shall obtain
General Liability Insurance. Coverage shall be maintained through out the life of the contract and
include, as a minimum:
* Premises Operations
* Products and Completed Operations
* Blanket contractual Liability
* Personal Injury Liability
* Expanded Definition of Property Damage
The minimum limits acceptable shall be:
* $1,000,000.00 combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
* $500,000.00 per person
* $1,000,000.00 per Occurrence
* $100,000.00 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions shall include coverage for claims filed on or after the effective date of this
contract. In addition, the period for which claims may be reported should extend for a minimum of
twelve (12) months following the Event.
Recognizing that the work governed by this contract involves the sales and/or distribution of
alcoholic beverages, the Contractor's General Liability Insurance policy shall include Liquor
Liability with limits equal to those of the basic coverage. A separate Liquor Liability policy is
acceptable if the coverage is not more restrictive than the Event Sponsor's General Liability policy.
Should the Event involve the serving or distribution of alcoholic beverages, Event
Sponsor shall obtain prior to the Event, a Liquor Liability insurance policy naming Monroe
County as a co-insured. The Event Sponsor's General Liability Insurance policy shall include
Liquor Liability with limits equal to those of the basic coverage. A separate Liquor Liability
policy is acceptable if the coverage is not more restrictive than the Sponsor's General Liability
policy.
15. Event Sponsor shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners for
Monroe County and Vendor, which approval shall be subject to such conditions and provisions as
the Board may deem necessary.
REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK
Fishing Umbrella Funding FY 2010
Conch Republic Ladies Dolphin Championship
Contract 10#: 571
5
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De~ty Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
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Print Name
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Fishing Umbrella Funding FY 2010
Conch Republic Ladies Dolphin Championship
Contract 10#: 571
Board of County Commissioners
of Monroe County
~~~. )r)~,~
Mayor/Chairman
Florida Straits Conch Company
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Print Name
Date: ~/; r/Ctl
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EXHIBIT A
AcceDtable Event Marketina EXDenses
(Desti nationlTurn Key/Cu Itu ral/Fishi ng Events)
saee 9/20/06
ADVISORY COMMITTEES (UMBREllAS/DISTRICT ADVISORY COMMITTEES) AND EVENT
COORDINATORS' RESPONSIBiliTY: It is the responsibility of the Advisory Committees
(Umbrella/District Advisory Committees (DAC) and Event Coordinators to keep apprised of all Monroe
County Tourist Development Council.s policies and procedures pertaining to event funding. 01/22/92
When DAC event proposals are received, they will be distributed to DACs for review and
recommendations to the TDC. Upon approval of the TDC of any event funding recommendations, a
contract will be entered into by the applicant and SOCC. The SOCC has final approval of all contracts.
Any Request for Proposal (RFP) response received after the specified deadline, as determined within
the RFP, will not be accepted. TDC 7/21/93 This policy mirrors that of the Soard of County
Commissioners. SOCC 9/8/93
EVENT FUNDING: The TDC has established several categories of events that may receive funding.
There are four categories of events that may receive funding from the TDC; Destination Events;
Turnkey Events; Cultural Events and Fishing Events.
All advertising and promotional items shall follow the logo/guidelines for the Monroe County Tourist
Development Council.
TDC funded items are NOT to be sold. 9/14/94
Only the items listed will be reimbursed for the described events. All event coordinators will receive a
reimbursement/direct payment packet that includes an executed copy of the funding agreement. The
packet provides guidelines required for reimbursement/direct payment of Acceptable Event Marketing
Expenses.
No individual applications for Event funding will be considered out of the Two Penny Event Fund other
than the Umbrellas (Cultural, Fishing & Diving). 7/26/95
DESTINATION EVENTS: Destination events will be paid as per the scope of services within the
contract and those acceptable items/expenses listed below. Destination events may utilize up to 100/0
of their approved line item budgets for in-county hard media and public relations. A general non-
allocated line item is not to exceed 150/0 of the total budget and can only be utilized for acceptable TDC
items as listed in this section. There cannot be more than a 100/0 deviation on the approved line item
budget.
Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet advertising
only2
Promotional Sians: posters and banners
Fishing Umbrella Funding FY 2010
Conch Republic Ladies Dolphin Championship
Contract 10#: 571
7
Promotional Items: T-shirts; hats; jackets; koozie cups. Refer to Sales/Resale statement.
Direct Mail Promotions: brochures and pamphlets including postage/shipping. This is a direct mail
promotional brochure/pamphlet utilized for pre-event advertising.
Proarams: TDC will pay for an event program of listed or schedule of activities and information on the
event, an amount not to exceed 500/0 of cost, including production and printing, of program as outlined
in contract budget.
Public Relations: Public relations expenses that are approved by public relations agency of record.
TURNKEY EVENTS: TurnKey events will be paid based upon the scope of services within the
contract.
CUL TURAUFISHING UMBRELLA EVENT FUNDING: Any event of a fishing or
artistic/special/dramatic nature shall apply for funding under the appropriate umbrella organization.
Within the Cultural and Fishing Umbrella events funding process, the monies received by the event
coordinator is to be used within the approved acceptable list of TDC expenses listed below without any
restriction as to out-of-county advertising. Each Umbrella shall appropriate a minimum of 300/0 of the
funds of the Umbrella for out-of-county advertising and public relations. 700/0 or the remainder that has
not been allocated to the advertising/public relations agencies of record within the Umbrellas, shall be
allocated by the Umbrella to the applicants for event funding. The budget, which is included with the
application, will be individually reviewed by the Umbrella, the applicant and the advertising/public
relations agencies of record. There cannot be more than a 100/0 deviation on the approved line item
budget. No amendments to budgets will be permitted after this approval process. 9/14/94 General
non allocated line item is not to exceed 1.50/0 of the total budget and can only be utilized for acceptable
TDC items listed below.
If an Umbrella does not allocate all the funds earmarked for direct event funding within a district, the
remaining funds shall be allocated and utilized to advertise that specific district as recommended by the
Umbrella committee.
Any event receiving funding under the Umbrella organization will not be eligible for additional funding
under another TDC event category. 08/14/91
CULTURAL EVENTS:
Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet advertising
only2
Promotional Sians: posters and banners
Promotional Items: T-shirts; hats; jackets; koozie cups. Refer to Sales/Resale statement.
Direct Mail Promotions: brochures and pamphlets including postage/shipping. This is a direct mail
promotional brochure/pamphlet utilized for pre-event advertising.
Fishing Umbrella Funding FY 2010
Conch Republic Ladies Dolphin Championship
Contract 10#: 571
8
Proarams: TDC will pay for an event program of listed or schedule of activities and information on the
event, an amount not to exceed 500/0 of cost, including production and printing, of program as outlined
in contract budget.
Public Relations: Public relations expenses that are approved by public relations agency of record.
FISHING EVENTS:
Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet advertising
only2
Promotional Sians: posters and banners
Promotional Items: T-shirts; hats; jackets; koozie cups; trophies/awards (Fishing Tournaments only) 1.
Refer to Sales/Resale statement.
Direct Mail Promotions: brochures and pamphlets including postage/shipping. This is a direct mail
promotional brochure/pamphlet utilized for pre-event advertising.
Proarams: TDC will pay for an event program of listed or schedule of activities and information on the
event, an amount not to exceed 500/0 of cost, including production and printing, of program as outlined
in contract budget.
Public Relations: Public relations expenses that are approved by public relations agency of record.
1 TROPHIES: framed art work, framed photography, engraved crystal and glass, plaques, trophies,
sculptures (fiberglass, metal, glass & wood) and framed certificates shall constitute a trophy. All such
trophies must include the appropriate information as outlined in the policies (tournament name, date,
and location). 9/14/94 For TROPHY reimbursement, Tournament Directors must present the original
invoice of the trophies, a notarized list of winners of the event, and a notarized list of the plates and/or
glass etching from the engraving company. 8/20/03.
2 ADVERTISING THROUGH THE INTERNET: The TDC will pay for Internet advertising on web sites
(banners, buttons, website links), and E-mail blasts. Internet advertising links may go to the event
website. Logo is required on banners and E-blasts. No payment will be made for development or
operation (hosting) of website. SOCC 5/16/06
SALE/RESALE OF TOe FUNDED ITEMS: Items funded, including creative and resulting work
product, by the BOCCfTDC, in accordance with Florida Public Records Law, are owned by the
SOCC/TDC and as such may not be sold. 09/14/94
Fishing Umbrella Funding FY 2010
Conch Republic Ladies Dolphin Championship
Contract 10#: 571
9
EXHIBIT B
Loao/Acknowledaement Usaae Guidelines For Events
Destination/TurnKey/Cultural/Fishing Events
BOCC 12/20/06
Color ads four (4) color processing printing 06/12/91
Black & white ads shall include the Florida Keys and Key West logo in PMS black. 06/12/91
Use on all printed material as listed under the Acceptable Event Marketing Expenses list
TV: logo must appear at the conclusion of commercial
Hats/t-shirts/jackets/koozie cups: must carry the "The Florida Keys & Key West" logo
Radio Advertisina: No logo is required. All radio announcements must say "Brought to you
by the Monroe County Tourist Development Council"
TrODhies: Logos are not required on trophies.
In-Countv Loe:o
The below logo that includes the "Monroe County Tourist Development Council" designation is
to be utilized in all approved in-county print newspaper ads,
magazine ads, street banners, posters and other approved
signage efforts. Radio commercials should include IIBrought
to you by The Monroe County Tourist Development Councilll.
To seek approval, clarification and/or logo in electronic
format (.eps or .jpg file), contact Sharon Joseph or John
Underwood with Tinsley Advertising at 305-856-6060.
The
Florida Keys
&~~y ~~~ dre~
-.-
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out-or-County Loe:o
The below logo that does NOT include the IIMonroe County Tourist Development Councilll
Th designation is to be utilized in all other efforts including
e any approved out-of-county print newspaper ads,
Fl ed V magazine ads, television commercials, internet advertising
Ofl d l~eys (banners, buttons, e-mail blasts), direct mail promotions
~ W (brochures and pamphlets) and any approved promotional
& ey est items including programs, T-shirts, hats, jackets, trophies
and koozie cups. Radio commercials should include
come dS OU are- IIBrought to you by The Monroe County Tourist
.. · .. }'I Development Council". To seek approval, clarification
and/or logo in electronic format (.eps or .jpg file), contact Sharon Joseph or John Underwood
at Tinsley Advertising at 305-856-6060.
Fishing Umbrella Funding FY 2010
Conch Republic Ladies Dolphin Championship
Contract 10#: 571
10
In-County Logo
The
.
Ofl d
&
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Ofl
&
Out-of-County Loco
The
.
eys
..-
Fishing Umbrella Funding FY 2010
Conch Republic Ladies Dolphin Championship
Contract 10#: 571
11
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EXHIBIT C
Exhibit D
Fishing Umbrella Budget Breakdown
Fiscal Year October 1, 2009 to September 30, 2010
Conch Republic Ladies Dolphin Championship
Tournament Name
Media Placement & Production Cost: newspaper, radio, magazines,
TV, website/internet advertising only
$500.00
Promotional Signs: posters/banners
$
Promotional Items: t-shirts, hats, jackets, koozie cups
$1,000.00
Direct Mail Promotions: brochure/pamphlets/postage & shipping
$
Programs:
$
Public Relations
s
*Trophies
$500.00
**General Non-Allocated
$
$2,000
*Tournaments cannot exceed more than 30% of the total budget in trophy line item except when
tournaments received special approval from FKFT, Inc. Board of Directors. 3/5/97
**General Non-Allocated may not exceed 15% ofthe above budget and can only be utilized for
acceptable TDC items.
Actuar expenditures may deviate no more than 10% from the budgeted line items noted above.
John H McCormick/Managing Partner
Type Name Submitting Budget Breakdown
04/17/2009
Type Date Submitted
1996 Edition
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the following contract.
Contractor: See Event Attachment - FISHING
Name of Entity: FloriG!a. 81ra.;~ Con:..h CtlrnpOJ'\Y
Name of Event: Cor\c,h Q...e.pl.Lb lic., lAJ.i e..5 Doll' hit') Chcc.mptanship
Contract for: Services
Address of Contractor:
c/o TDC Att: Maxine
Phone: 305-296-1552
Scope of Work: Advertising and Promotion
Reason for Waiver: Providing funds to promote event only.... Minimal exposure to
county
Policies Waiver will
apply to: All insurance requirements outlined in the attached contract.
Signature of Contractor:
Risk Management:
Date:
County Administrator Appeal:
Approved
Not Approved
Date:
Board of County Commissioners Appeal:
Approved
Not Approved
Meeting Date:
Administration Instruction
#4709.2