Item D1 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: JULY 16, 2014 Division: TDC
Bulk Item: Yes X No Department:
Staff Contact Person/Phone#:- Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an Amendment to Destination Agreement with the Domestic Abuse Shelter, Inc.
for the No Name Race in January 2014 to extend termination date of agreement for
submission of invoices to July 31, 2014.
ITEM BACKGROUND:
The event sponsor has requested an extension to their expiration date within the agreement
to allow time to submit additional invoices for payment.
District 11 Advisory approved same at their meeting of May 13, 2014
TDC approved same at their meeting of June 10, 2014
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original agreement at their meeting of October 16, 2013
CONTRACT/AGREEMENT CHANGES:
Amendment to extend
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $7,500 BUDGETED: Yes X No
COST TO COUNTY: NO COST SOURCE OF FUNDS:— TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X A/Purchasing X Risk Managemeitt X
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Domestic Abuse shelter,Inc. Contract# 1270
Effective Date: 10/16/13
Expiration Date: 7/31/14
Contract Purpose/Description:
Approval of an Amendment to Destination Agreement with the Domestic Abuse
Shelter, Inc. for the No Name Race in January 2014 to extend termination date
of agreement for submission of invoices to July 31, 2014,
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on 7/16/14 Agenda Deadline 7/1/14
CONTRACT COSTS
Total Dollar Value of Contract: $ 7,500 Current Year Portion: $
Budgeted? Yes® No Fj Account Codes —: I 15-75360-530340-TM45679X 530340
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $—/yr For:
[_(Not included in dollar value above) (eg.maintenance,utilities,janitorial,salaries,etc.—)
CONTRACT REVIEW
Changes :Date Out
DAte In Needed e
No
Division Director iO4/91/ Yes[]
Risk Management
t-�
YesF1 Noa;�]j
O.M.B./Purchasing Yes[] No5i 6L
County Attorney Yeso Nog� C. Limbert
Comments:
OMB Form Revised 2/27/01 MCP#2
AMENDMENT 0st AMENDMENT) TO AGREEMENT
THIS AMENDMENT to agreement dated the day of 2014, is entered into by
and between the Board of County Commissioners for Monroe County, on behalf of the Tourist
Development Council, and Domestic Abuse Shelter, Inc. ("Event Sponsor")
WHEREAS, there was an agreement entered into on October 16, 2013 between the
parties, awarding $7,500 to Event Sponsor for the No Name Race in January 2014; and
WHEREAS, it has become necessary to revise the termination date of the agreement to
July 31, 2014 to allow for submission of invoices for reimbursement, and
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties
agree to the amended agreement as follows:
1. Paragraph 4 of the agreement shall be revised to read as follows: 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 31, 2014. Event Contractor shall not
be reimbursed nor will Event Contractor's vendors be paid directly for any invoices
received by the County after July 31, 2014, 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 expiration 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
contract with the County.
2. Any references to the date of April 1, 2014 shall be revised to read July 31, 2014.
3. The remaining provisions of the agreement dated October 16, 2013 shall remain in
full force and effect.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Amendment#I
No Name Race
1D# 1270
IN WITNESS WHEREOF, the Parties, have set their hands and seal on the day and year first
above written.
(SEAL) Board of County Commissioners
Afteet Amy Heavgjn, Clerk of Monroe County
Do"
Cleric MayoriChalmnan
(CORPORATE SEAL) Domestic Abuse Shelter, Inc.
Atteet
By.
Secretary Peel
Print Name Print Name
Dalw.- Daft: 0 44 - I 4-f
AND TWO WITNESSES
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Print Name
P"Name
Dab:
Date.-
MONROE COUNTY ATTORNEY
0 To
APPR ED ASS FORM:
-BARROWS
CHRI E M.
0 -BARROWS
A88184TLCk U,ftlY ArrORNEY
N*Name ftft
mo I=
Domestic Abuse Shelter,Inc.
P.O.Box 522696*Marathon Shores,FL 33052
Phone:(305) 743-5452*Fax:(305)289-1589
April 7,2014 www.domesticabuseshelter.org
24 Hour Hotfine
Key Largo Outreach Dear District 11 Advisory Committee,
(305)451-5666
Fax:(305)451-0809
Due to difficulties in receiving invoices for an advertisement placed in the local
newspaper,our organization was a day late in submitting for reimbursement for
Middle Keys Shelter the$7500.00 allocation for the No Name Race.Our contract expiration date was
(305) 743-4440 April 1,2014 and we submitted on April 2,2014.We would like to request an
Fax:(305)289-9897 extension to our contract expiration date so that reimbursement can be made.
We understand this will take an amendment to our contract With approval from
the District 11 Advisory Committee,TDC and BOCC,and that payment may not be
Lower KeyslKeyWest Outreach received until the end of July/August 2014.
(305)294-0824
Fax:(305)294-0889
Thank you for your consideration given to our request for an extension on
theexpiration date of our contract.
Lower Keys Shelter
(305)292-6647 Sincerely,
Fax:(305)292-3993
Venita Garvin,CEO
Domestic Abuse Shelter,Inc.
FC&W
United Way
F=IPAP PAWAIM OF
CHILDREN
'
FAMILIES
or
Destination Event Agreement
THIS Agreement is made and entered into by and between Monroe County, Florida, a political
subdivision of the state of lorida ("County"), and Domestic Abuse Shelter, inc. ("Event Contractor") on
this day of , 2013.
WITNESSETH:
In consideration of the mutual covenants contained herein, the parties agree as follows:
1. The County agrees to pay up to $7,500 (Seven Thousand and Five Hundred Dollars —
TDC District 11 Funding Allocation) for No Name Race In January, 2014 from tourist development tax
funds (see Exhibit"C"). 4f this amount, no more than 10% or$750 of the total allocated funds shall be
expended on advertising media costs attributable to in-County placement. The general non-allocated
section of an 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. No amendments shall be made to Exhibit "C" after approval of contract, A list of
Acceptable Event Marketing Expenses is attached to the agreement as Exhibit"A".
2. Scope of Services: The Event Contractor agrees to provide the County with an event as
specked below:
a). A Friday night pre-registration activity
b). A one (1) day runtwalk race on Big Pine Key followed by an awards ceremony
3. All advertising and public relations services or supervision of advertising and public
relations will be provided through the contracted agencies of the Tourist Development Council (TDC)
and County. The agencies of record shall receive payment for work in progress upon submission of
documented invoices associated with the event.
4. Inv iciina: Event Contractor agrees to submit all invoices and support documentation as
required by the County's Finance Department rules and policies no later than Aprll 1. 2014. Event I
Contractor shall not be reimbursed nor will Event Contractor's vendors be paid directly for any l Invoices received by the County after April 1. 2014, 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 expiration 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 contract with the
County.
5. Expiration of Agreement: This agreement expires on April 1. 2014 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 expiration date.
6. Duties of Event Contractor. Event Contractor shall provide promotion and related services
as described in the Schedule of Events, Exhibit "C", attached hereto. All advertising and public relations
Destination Event: FY 2014
Contract ID#: 1270
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services or supervision of advertising and public relations will be provided through the contracted
agencies of the,TDC and County. I
7. 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.
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8. Modification: Any changes to this contract may be made only by written mutual i
agreement, recommended by the TDC and approved by the County. }
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9. 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.
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10. 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 terms
or negligent performance of the agreement terms by the Event Contractor.
11. Non Occurrence of Event: The Event Contractor shall give written notice to the Monroe
County Tourist Development Council 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 except for those reasons in paragraph 21, 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.
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12, 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 j
laws of the State of Florida in the 16"' Judicial Circuit for Monroe County; venue shall be in Monroe j
County, Florida.
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13. 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 Tourist Development Council 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 County or its
agents.
14. Permits: The Event Contractor will secure all required permits, licenses and shall pay all
appropriate business taxes.
Tax.
15. Taxes: The County and TDC are exempt from Federal Excise and State of Florida Sales
Destination Event: FY 2014
Contract ID#: 1270
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16, Finance Charaes: The County and TDC shall not be responsible for any finance charges. {
17. Relation of Countv/TDC: It is the intent of the parties hereto that the Event Contractor
shall be legally considered as an independent Event Contractor and that neither it nor its employees
shall, under any circumstances, be considered employees, servants or agents of the County and TDC f
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.
18. 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.
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19. 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.
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20. Compliance with Laws - Nondiscrimination: The Event Contractor, shall comply with all
federal, state and local laws and ordinances applicable to the work or payment for work thereof, and t
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 federal, state, and
local laws and ordinances.
21. Force Maieure: The Event Contractor shall not be liable for delay in performance or failure
to perform in whole or in part, the services due to the occurrence of any contingency beyond its control
or the control of any of its subcontractors or suppliers, including labor dispute, strike, labor shortage, war f
or act of war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or civil
commotion, act of public enemy, epidemic, quarantine restriction, accident, flre, explosion, storm, flood,
drought or other act of God, act of any governmental authority,jurisdictional action, or insufficient supply i
of fuel, electricity, or materials or supplies, or technical failure where the Event Contractor has exercised
reasonable care in the prevention or mitigation of damages and delay, any such delay or failure shall not
constitute a breach of the agreement. Upon demand of TDC or County, the Event Contractor must f
furnish evidence of the causes of such delay or failure. County shall not pay for any services or
activities, promotional or otherwise, connected with an event produced after the date(s) described in `
paragraph 1 and Scope of Services.
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22. Gov_eming 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 E
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 s
shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida.
This agreement shall not be subject to arbitration.
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Destination Event: FY 2014
Contract ID#: 1270
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23. Securily Protection: The Event Contractor agrees to provide adequate security for the
event. No TDC funds will be used for this purpose.
24. Ownership: All advertising and promotion work performed under the agreement and paid
for by the County and TDC shall be the property of the County and TDC, for whatever use and/or
disposition the County and TDC may deem appropriate.
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25. Media rights: The TDC shall have the right to broadcast, rebroadcast, use, reproduce or
transmit for any purpose whatsoever, radio, television, pictures, sound, film and tape motion pictures
and still photographs paid by the County and TDC under this agreement.
26. Logo: Logo Usage guidelines are attached to this contract as Exhibit "B". All
promotional literature and display advertising must display the "Big Pine and Florida's Lower Keys" t
logo/trademark (as per attached logo sample). This logottrademark was adopted by the TDC and
County in April, 2010.
27. 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.
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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. Ethics Clause: The Event Contractor warrants that it has not employed, retained or
otherwise had act on 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 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.
30. 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 r
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.
31. Laws and Regulations: Any and all services, materials and equipment shall comply fully
with all Local, State and Federal laws and regulations.
32. 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
Destination Event: FY 2014
Contract ID#: 1270
4
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sixty (60) days prior to the event and may terminate for breach upon providing to Event Contractor,
through its officer, agent or representative, 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 I
courier with proof of delivery, or by U.S. mail upon verified receipt or upon the date of refusal or non-
acceptance of delivery.
33. 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: Venita Garvin Valdez
Domestic Abuse Shelter
PO Box 522696
Marathon Shores, FL 33052
For Grantor: Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
And
Cynthia Hall, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041-1026
34. Miscellaneous: As used herein, the terms "contract" and "agreement" shall be read
interchangeably.
35. Entire Agreement: The parties agree that the agreement above constitutes the entire
agreement between the County and Event Contractor.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Destination Event: FY 2014
Contract ID#: 1270
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EXHIBIT,A
Acceptable Event Marketing Expenses for Destination Ivents
Only the TDC expenses listed below may be included in the proposed budget. A general non-allocated
line item is not to exceed 15% of the total budget and can only be utilized for acceptable TDC marketing
items listed in this section. There cannot be more than a 10% deviation from the approved line item
budget. 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 more than 10% of the total allocated funds shall be
expended on advertising media costs attributable to in-County placement.
Promotional Signs: Posters and banners (hanging and displayed outdoors).
Promotional Items: T-shirts and hats*. }
*Sales/Resale of TDC funded Items: Items funded, including creative and resulting work product, by
the BOCC/TDC, in accordance with Florida Public Records law, are owned by the BOCC/TDC and as
such may not be sold.
Direct Mail Promotions: Brochures, postcards and pamphlets including postage/shipping. This is a
direct mail promotional brochure/postcard/pamphlet utilized for pre-event advertising.
C
Programs: TDC will pay up to fifty percent (50%) of the cost of production and printing of an event
program showing scheduled activities and information on the event, as outlined in contract budget.
Public Relations (PR): 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.
Event Marketing Reimbursement; TDC will only consider reimbursement of permissible marketing i
expenditures that highlight the special event versus the regular programming of a business, organization
or the facility.
Amendments to Contract Budgett• No amendments to the line item budgets will be permitted after
the contract has been reviewed and approved.
Destination Event: FY 2014
Contract ID#: 1270
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EXHIBIT
Logo/AcknovvledaemenLUsage Guidelines For District 11 Destination Events ;
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 "Big Pine and Florida's Lower Keys" logo
Radio Advertising: No logo is required. All radio announcements must say"Brought to you by the
Monroe County Tourist Development Council"
In-County Logo
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, k
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 Jessica Taylor-Smith or John Underwood with Tinsley Advertising at 305-
856-6060. t
Bigpi—ne
KeYVandFlorida's Lower eys
ccwrmrMUM DEVEDUNTWOML
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 i
blasts. Radio commercials should include "Brought to you by The Monroe County Tourist Development E
Council". To seek approval, clarification and/or logo in electronic format (eps or jpg file), contact Jessica
Taylor-Smith or John Underwood at Tinsley Advertising at 305-856-6060.
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19 Pine eY
and Flonda's Lower Keys
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Destination Event: FY 2014
Contract ID#: 1270
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EXHIBIT C
DESTINATION EVENT BUDGET-FISCAL YEAR 2014
Applicant Is advised prior to completing this budget to refer to Exhibit A of the Sample
Contract showing the Allowable Marketing Expenses. This can be found online at
hftg)://fl-monroecounty.civicr)lus.com/`lndex.asg)x nid=328
THERE WILL BE NO AMENDMENTS TO THIS BUDGET(EXHIBIT C)AFTER BOCC APPROVAL OF AGREEMENT
No Name Race 2014
EVENT NAME
MEDIA PLACEMENT& PRODUCTION COST 4,900.00
Newspaper, radio, running magazines,
website/internet advertising only
PROMOTIONAL SIGNS: Posters/Banners $500.00
PROMOTIONAL ITEMS: T-shirts, koozie cups $1,500.00
DIRECT MAIL PROMOTIONS: Save the Date $300.00
mailing to NNR data base
PROGRAMS
PUBLIC RELATIONS:
*GENERAL NON-ALLOCATED: $300.00
TOTAL
*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.
TDC will only consider reimbursement of permissible marketing expenditures that highlight the special
event versus the regular programming of a business, organization or the facility.
The County shall pay no more than 10% of the total allocated funds on advertising media costs
attributable to in-county placement.