Item D3BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District 1
„ Y
„; ° W Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
June 21, 2017
Agenda Item Number: D.3
Agenda Item Summary #3020
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296 -1552
N/A
AGENDA ITEM WORDING: Approval to rescind Fishing Event Funding Agreement with Third
Generation Charters, Inc. for the Florida Keys Dolphin Tournament due to Event Contractor
Cancelling the event
ITEM BACKGROUND: Attached are Fishing Umbrella Meeting Minutes notifying the TDC of
the decision to rescind funding allocation.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting
of October 19, 2016.
CONTRACT /AGREEMENT CHANGES:
Rescind at reqeust of Event Contractor
STAFF RECOMMENDATION:
DOCUMENTATION:
Florida Keys Dolphin Rescind and Original Agreement
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract: $70,000
Total Cost to County: No Cost to County
Current Year Portion: $70,000
Budgeted:
Source of Funds: TDC
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Maxine Pacini
Christine Limbert
Kathy Peters
Board of County Commissioners
Completed
Completed
Completed
Pending
05/24/2017 2:04 PM
05/24/2017 5:06 PM
05/26/2017 12:15 PM
06/21/2017 9:00 AM
MINUTES
Fishing Umbrella
Recommendation Committee, General and Annual Membership Meeting
May 3, 2017
6:00 p.m. at Hyatt Place Faro Blanco Lighthouse Grill
3. Consideration /Action: Any additions, changes or deletions to the agenda
Motion by Dianne Harbaugh seconded by Karen Thurman approve recommendation
committee agenda. Unanimous vote
4. Consideration /Action: Stuart Newman
a. No update other than support George Proveromo Show 2018
5. Consideration /Action: Fishing Umbrella Business
a. General Meeting minute approval March 1, 2017
Motion by Karen Thurman seconded by Tammie Gurigolo
Approve March 1, 2017 meeting minutes. Unanimous vote.
b. Key West Fishing Tournament date change
Motion by Mike Weinhofer seconded by Tammie Gurgiolo approve Key West
Fishing Tournament date change Jan 26, 2018 awards for 2017 tournament year,
Jan 1 -Nov 3, 2018 Key West Fishing Tournament and Nov 10, 2018 awards for
2018 tournament year. Unanimous vote.
c. Local Knowledge airing date change — FYI
d. Florida Keys Dolphin Championship cancelled
i. Key West $32,000.00
ii. Big Pine & Lower Keys $10,000.00
iii. Marathon $12,000.00
iv. Islamorada $4,500.00
v. Key Largo $11,500.00
Total $70,000.00
Motion by Mike Weinhofer seconded by Tammie Gurgiolo to move Florida Keys
Dolphin Championship funds from District 1 -5 into Tinsley Advertising
Advertising district specific. Unanimous vote.
6. Consideration /Action: Tinsley Advertising —John Underwood
2
1.� \ _ ' _i_ _ ►1m
THIS Agreement is made and entered into by and between Monroe County, Florida, a political
subdivisi� of the Florida (County), and Third Generation Charters Inc. (Event Contractor)
on this � day of f , 2016.
WHEREAS, Florida Keys Fishing Tournaments, Inc. (Fishing Umbrella), the umbrella organization
under contract to the County, has recommended to the Monroe County Tourist Development Council
(TDC), which has endorsed the recommendation, that certain monies be allocated for promotion of an
event by Event Contractor;, and
WHEREAS, Event Contractor has represented and agreed that it desires and is able to conduct
the event; and
WHEREAS, the Umbrella organization recommends allocation of funds for the Florida Keys
Dolphin Championship (Event) on May 2017.
NOW, THEREFORE; in consideration of the mutual promises contained herein, the parties agree
as follows:
1. Amount County shall pay a sum not to exceed $70,000 (Seventy Thousand Dollars —
TDC District I = $32,000, District II = $10,000,. District III = $12,000, District IV = $4,500, District V =
$11,500 Funding Allocation) effective October 19, 2016 for promotion and related expenditures, as
described in the event budget, attached hereto as Exhibit D. for production of the Event. No
amendments shall be made to the Budget as set forth in Exhibit D after approval of contract.
Payment will be made only after Event Contractor submits invoices and support documentation
acceptable to the County's Finance Department. The advertising and promotion budget using 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 an Umbrella event budget shall not
exceed 15% of the total budget and may be utilized for unforeseen permissible expenditures and for
those budget lines that may require additional funds. Monroe County's performance and obligation to pay
under this agreement is contingent upon an annual appropriation by the Board of County
Commissioners.
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 Contractor 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
TDC administrative office for approval by the TDC Director. If the Event Contractor is unable to
reschedule the Event, the Event Contractor 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.
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
Event Name: Florida Keys Dolphin Championship
Fishing Umbrella Funding FY 2017
Contract ID #: 1681
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the amount, but not to exceed the amount of funds allocated as described in the budget, attached hereto
as Exhibit D.
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2. Duties of Event Contractor Event Contractor shall provide promotion and related service
as described in the 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.
3. Invoicing Event Contractor agrees to submit all invoices and support documentation as
required by the County's Finance Department rules and policies no later than July 30, 201Z unless the
date of the event is amended upon written approval of the Fishing Umbrella and TDC Director. Event
Contractor shall not be reimbursed nor will Event Contractor's vendors be paid directly for any invoices
received by the County after July 30 2017 unless the date of the event is amended upon written
approval of the Fishing Umbrella and TDC Director, and the County shall not be obligated to pay for any
services provided by Event Contractor under this agreement if documentation as noted above is not
received on or before this reimbursement deadline date. To be eligible for reimbursement, the request
for reimbursement and supporting documents (checks, invoices, credit card statements, bank
statements, etc.) must show that the items were paid for directly by the same entity named on the
agreement with the County. For clarification on reimbursements, please refer to the reimbursement
packet provided to you upon execution of your funding agreement.
4. Expiration of Agreement This agreement expires July 30, 2017 and the County shall not
be obligated to pay for any services provided by Event Contractor under this agreement if documentation
as noted above is not received on or before this reimbursement deadline date, unless the date of the
event is amended upon written approval of the Fishing Umbrella and TDC Director.
6. Reimbursement to County Event Contractor shall reimburse County for any amount of
funds expended by County in connection with an event which does not occur as a result of any act or
omission by Event Contractor.
6. Media Rights The TDC shall have the right under this agreement to broadcast or
rebroadcast, for any purpose whatsoever, radio, television, sound, video or film production, and still
photographs, paid by the TDC and County, and produced by the TDC agencies of record.
7. Indemnification and Hold Harmless: The Event Contractor covenants and agrees to
indemnify and hold harmless and defend Monroe County, its officers, employees and agents including
the TDC and Visit Florida Keys 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 by Event Contractor, or other activities and funding associated with this agreement,
except those losses or damages caused by the negligent or wrongful act or omission of County or its
agents.
S. Non - Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes,
the participation of the Event Contractor and the County in this Agreement and the acquisition of any
commercial liability insurance coverage, self - insurance coverage, or local government liability insurance
Event Name: Florida Keys Dolphin Championship
Fishing Umbrella Funding FY 2017
Contract ID #: 1681
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pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any a
contract entered into b the Count be required to contain an provision for waiver,
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9. Ethics Clause The Event Contractor warrants that it has not employed, retained or
otherwise had act on its behalf, any former County officer or employee in violation of Section 2 of
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 agreement
without liability and may also, at its discretion, deduct from the agreement 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.
10. Claims and Venue Event Contractor agrees to notify County immediately of any claims
suits or action made against the Event Contractor 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 16"` Judicial Circuit for Monroe County; venue shall be in Monroe County,
Florida,
11. Severability: If any provision of this agreement shall be held by a court of competent
jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby; and
each provision of this agreement shall be valid and enforceable to the fullest extent permitted by law.
12. Governing LawNenue: This agreement shall be governed by and construed in accordance
with the laws of the State of Florida applicable to contracts made and to be performed entirely in the
State. In the event that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of the agreement, the County and Event Contractor agree that venue shall lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida. This
agreement shall not be subject to arbitration.
13. Accounting and Records Event Contractor 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.
14. Termination of Agreement County may terminate this agreement without cause by
providing written notice to Event Contractor, through its officer, agent or representative, no less than sixty
(60) days prior to the event and may terminate for breach upon providing to Event Contractor, through its
officer, agent or representative, written notice at least seven (7) days prior to the effective date of the
termination. Notice is deemed received by Event Contractor when hand delivered, delivered by national
courier with proof of delivery, or by U.S. mail upon verified receipt or upon the date of refusal or non-
acceptance of delivery.
16. Public Entities Crimes 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
Event Name: Florida Keys Dolphin Championship
Fishing Umbrella Funding FY 2017
Contract ID #: 1681
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threshold amount provided in Section 287.017, for category two for a period of 36 months from the date
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of being placed on the convicted vendor list.
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16. J&M: Logo Usage guidelines are attached to this contract as Exhibit B. All
promotional literature and display advertising must display the "Florida Keys & Key West Come As You
Are" logo /trademark (as per attached logo sample — Exhibit B). This logo /trademark was adopted by
the TDC and County in April, 2010.
In- County Logo The logo that includes the "Monroe County Tourist Development Council' designation
is to be utilized on in- county print newspaper and magazine ads, brochures, postcards, pamphlets,
programs, posters, banners (hanging and displayed outdoors) and digital advertising on websites,
website links, pre roll video, banners, mobile and email blasts. 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 Ashley Miller or John Underwood with Tinsley
Advertising at 305 -856 -6060.
Outrof_- County. Logo The logo that does NOT include the "Monroe County Tourist Development
Council" designation is to be utilized in out -of- county newspapers and magazines, brochures, postcards,
pamphlets, programs, posters and digital advertising on websites, website links, pre roll video, banners,
mobile and email blasts. 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 Ashley Miller or John Underwood at Tinsley Advertising at 305- 856 -6060.
17. Permits The Event Contractor will secure all required permits, licenses and shall pay all
appropriate business taxes.
18. Assignment The Event Contractor shall not assign, transfer, convey, sublet or otherwise
dispose of this agreement, or of any or all of its right, title or interest therein, or his or its power to
execute such agreement to any person, company or corporation without prior consent of the County.
19. Modification The event name, time & date of the event and Schedule of Activities may be
amended upon written approval of the Advisory Committee and TDC Director. Any changes to said
contract other than stated above require approval by the Advisory Committee, TDC and the County.
20. Non Occurrence of Event The Event Contractor shall give written notice to the TDC if it is
found necessary to cancel an event. The notice shall contain the reason for the cancellation. If the
event does not take place for any reason under control of Event Contractor, then Event Contractor
agrees to refund to the County any amounts already paid to them under this agreement and relieve the
County from any further payments.
21. Laws and Regulations Any and all services, materials and equipment shall comply fully
with all Local, State and Federal laws and regulations.
22. Taxes The County and TDC are exempt from Federal Excise and State of Florida Sales
Tax, but this in no way exempts the Event Contractor from applicable Federal and State taxes. .
23. Finance Charges The County and TDC will not be responsible for any finance charges.
Event Name: Florida Keys Dolphin Championship
Fishing Umbrella Funding FY 2017
Contract ID #: 1681
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24. Relation of County/TDC: It is the intent of the parties hereto that the Event Contractor
shall be legally considered as an independent contractor and that neither it nor its employees shall, a
under any circumstances, be considered servants or agents of the County and TDC, and the County and
TDC shall at no time be legally responsible for any negligence on the part of said Event Contractor, its
employees or agents, resulting in either bodily or personal injury or property damage to any individual,
firm or corporation.
25. Disclosure The Event Contractor shall be required to list any or all potential conflicts of
interest, as defined by Florida Statutes Chapter 112 and Monroe County Code. The Event Contractor
shall disclose to the County and TDC all actual or proposed conflicts of interest, financial or otherwise,
direct or indirect, involving any client's interest which may conflict with the interest of the County and
TDC.
26. Corn fiance with Laws - Nondiscrimination: The Event Contractor, shall comply with all
Local, State and Federal laws and ordinances applicable to the work or payment for work thereof, and
shall not discriminate on the grounds of race, color, religion, sex, age or national origin in the
performance of work under this agreement. This agreement shall be subject to all Local, State and
Federal laws and regulations and ordinances.
27. Security Protection: The Event Contractor agrees to provide adequate security for the
event. No TDC funds will be used for this purpose.
28. Authori : Each of the signatories for the Event Contractor below certifies and warrants
that: a) the Event Contractor's name in the agreement is the full name as designated in its corporate
charter, and b) they are empowered to act and execute the agreement for the Event Contractor and c)
this agreement has been approved by the Event Contractor's governing board.
29. Miscellaneous As used herein, the terms "contract" and "agreement" shall be read
interchangeably.
30. Breach and Penalties The parties agree to full performance of the covenants contained in
this agreement, and the County reserves the right at its discretion, provided such breach is material, to
terminate this agreement for any misfeasance, malfeasance, or nonperformance of the agreement terns
or negligent performance of the agreement terms by the Event Contractor.
31. Notice Any notice required or permitted under this agreement shall be in writing and hand
delivered, emailed or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested to the following:
For Grantee: Jim Sharpe
Third Generation Charters Inc.
29141 Clover Ln
Big Pine Key, FL 33043
For Grantor: Maxine Pacini
Monroe County Tourist Development Council
Event Name: Florida Keys Dolphin Championship
Fishing Umbrella Funding FY 2017
Contract ID #: 1681
1201 White Sheaf, Suite 102
Key West, FL 33040
And
Christine Limbett- Barrows, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041 -1026
32. Entire Agreement The parties agree that the agreement above constitutes the entire
agreement between the County and Event Contractor.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above
written.
Heavilin, Cie*
Board of County Commissioners
of Monroe County
Mayodc irm
Third Genen3Non Charters Inc.
By C
Pakident
MONROE COUNTY ATTORNEY
A ROVED.AS T
Y THIA L. ALL
ASSIST NT CO NTY ATTORNEY
Data a r
J4',.eP ' State of Maine
Print Name County of Hancock
Dale: & sta /
End Name: tiorida Kays OolphM Champiomtdp
Fietdrrg Umbrella F=lt FY 2017
ConVact ID#: 1881
Subscribed and sworn to (or affirmed) before me on this,
day of U.1 2011a,,
by o�� ny_c � oS' r ►
proved to me on the basis of satisfactory evidence to be
the person ) whoappeared be re me.
Print Name: _
Date:
Victoria N. Jordan
Notary Public
b My Commission Expires:
April 10, 2022
Within the Fishing Umbrella events funding category, the allocation received by the event contractor
must be spent on the list of items that have been approved. Only the TDC expenses listed below may
be included in the proposed budget. There is no restriction as to out -of- county advertising. The
following are the only acceptable expenses;.
Media Placement & Production Costs Newspapers and magazines (inserts will also be considered),
radio and TV. The TDC will pay for the following digital advertising on websites, website links, pre roll
video, banners,, mobile and email blasts digital advertising links may go to the event website. The TDC
Logo must be placed on all print, TV, websites, pre roll video, banners and email blasts. Radio
advertising does not require the logo but all radio announcements must say "Brought to you by the
Monroe County Tourist Development Council ". No payment will be made for development or operations
(hosting) of websites.
Promotional Signs Posters and banners (hanging and displayed outdoors).
Qromotional Items T -shirts and hats *, trophies (Fishing Tournaments Only).
_Sales/Resale of TDC - funded items: Items funded by the BOCC/TDC, including creative and resulting
work product, in accordance with Florida Public Records Law, are owned by the BOCC/TDC and as
such may not be sold..
IDirget Mijil Promotions Brochures, postcards and pamphlets including postage and shipping. This is
a direct mail promotional brochure, postcard or pamphlet utilized for pre -event advertising.
ftgarams TDC will pay up to fifty percent (50 %) for the cost of production or printing of an event
program showing scheduled activities and information on the event as outlined in contract budget.
LubIlC _Relations (PRI: Print and electronic public relations materials for distribution to media, such as,
but not limited to, press releases, public service announcements, photography and videography as
approved by the public relations agency of record. Only permissible PR material produced by the TDC
agency of record and/or a professional public relations agency shall be acceptable.
In-House Production: In -house production of any permissible expenditure will not be considered for
reimbursement.
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
(year), and location). 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.
Amendments -to Contract Budgets No amendments to the line item budget will be permitted after the
contract has been reviewed and approved.
Event Name: Florida Keys Dolphin Championship
Fishing Umbrella Funding FY 2017
Contract ID #: 1681
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Color ads four (4) color processing printing
Black $ white ads shall include the Florida Keys and Key West logo in high resolution
Use on all printed material as listed under the Acceptable Event Marketing Expenses list
TV: logo must appear at the conclusion of commercial
Hats and t- shirts: must carry the `The Florida Keys & Key West" Out -of- County logo
Radio- Advertising No logo is required. All radio announcements must say "Brought to you by the
Monroe County Tourist Development Council"
Trophies: Logos are not required on trophies.
In-CoUl3ty L092
The logo below indicating the "Monroe County Tourist Development Council" designation is to be utilized
on in- county print newspaper and magazine ads, brochures, postcards, pamphlets, programs, posters,
banners (hanging and displayed outdoors), and digital advertising on websites, website links, pre roll
video, banners„ mobile and email blasts. 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 Ashley Miller or John Underwood with Tinsley Advertising at 305 -856-
6060.
The
Floridd
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C omme es you aye
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Out -of- County Loao
The logo below that does NOT include the "Monroe County Tourist Development Council" designation is
to be utilized in out -of- county newspapers and magazines, brochures, postcards, pamphlets, programs,
posters and digital advertising on websites, website links, pre roll video, banners, mobile and email
blasts. 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 Ashley
Miller or John Underwood at Tinsley Advertising at 305 -856 -6060.
The
FloriddKeys
&Ke v Yest
come as you are
Event Name: Florida Keys Dolphin Championship
Fishing Umbrella Funding FY 2017
Contract ID #: 1681
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TOURNAMENT SCHEDULE OF EVENTS
FISCAL YEAR 2097
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PRINT OFFICIAL TOURNAMENT NAMI=
DAY 1 A
5 : OD P A151 p o"1
2 :) PM EVENING EVENT C_Q�,
DAY 2 ( X AM LINES IN WATER
.� 20 PM LINES OUT WATER
PM EVENING EVENT
PM WEIGH -IN OVER
PM OTHER EVENT:
DAY 3 0 : 00 AM LINES IN WATER
S : 0d PM LINES OUT WATER
PM EVENING EVENT
.-.:0 PM WEIGH -IN OVER
PM OTHER EVENT:
DAY 4 AM LINES IN WATER
PM LINES OUT WATER
PM EVENING EVENT
PM WEIGH -IN OVER
PM OTHER EVENT:
FISHING UMBRELLA EVENT BUDGET - FISCAL YEAR 2017
APPLICANT IS ADVISED PRIOR TO COMPLETING THIS BUDGET TO REFER TO
THE FUNDING APPLICATION SHOWING THE ALLOWABLE MARKETING
EXPENSES THAT WILL BE CONSIDERED FOR REIMBURSEMENT
THERE WILL BE NO AMENDMENTS TO THIS BUDGET (EXHIBIT D) AFTER BOCC
APPROVAL OF AGREEMENT
Florida Keys Dolphin Champions! i
OFFICIAL TOURNAMENT NAME
MEDIA PLACEMENT & PRODUCTION
PROMOTIONAL SIGNS:
22
$4,590
*TROPHIES: $5,164
"GENERAL NON - ALLOCATED: $6,218
TOTAL $70,000
*Tournaments may not place more than 30% of their total funding allocation in the
Trophy line item, except when special approval from FKFT, Inc. Board of Directors has
been received..
"The General Non - Allocated line item should not exceed 15% of the total funding
allocation, and may only be utilized for acceptable event marketing expenses (see
Exhibit A of Application);.
Actual expenditures may deviate no more than 10% from the budgeted line items noted
above.