Item F22 F.22'
i�`
CountCounty ��Monroe. ,y, ? "tr, BOARD OF COUNTY COMMISSIONERS
y M T� \�1a� Mayor Michelle Coldiron,District 2
�1 1 `_ll Mayor Pro Tem David Rice,District 4
-re Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
October 203, 2021
Agenda Item Number: F.22
Agenda Item Summary #9729
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296-1552
N/A
AGENDA ITEM WORDING: Approval of District I Destination Event Funding Agreements as
per attached spreadsheet totaling $360,000.
ITEM BACKGROUND: In order to reduce the vast quantity of paperwork of routing individual
Agreements, we request approval of the District I Destination Events as outlined on the attached
spreadsheet, wherein the Contract ID number, Organization, Event Name, Event Dates, Funding
Allocated, Line Item Number(s) and Expiration Date are provided. A boilerplate District I Event
Agreement is attached for your information.
DAC I approved same at their meeting of August 4, 2021
TDC approved same at their meeting of September 14, 2021
PREVIOUS RELEVANT BOCC ACTION: At the meeting of April 19, 1995 the BOCC approved
the TDC's reduction of repetitive paperwork wherein the TDC would provide a summary of event(s)
funding information.
CONTRACT/AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
DAC I Destination Summary Sheet and Boilerplate Agreement
FINANCIAL IMPACT:
Effective Date: October 20, 2021
Expiration Date: Various — See attached spreadsheet
Total Dollar Value of Contract: $360,000
Packet Pg. 1587
F.22
Total Cost to County: No Cost to County
Current Year Portion: $360,000
Budgeted: Yes
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: No
Additional Details:
See attached Summary Sheet for Line Item Numbers
REVIEWED BY:
Maxine Pacini Completed 09/24/2021 9:30 AM
Christine Limbert Completed 09/24/2021 1:41 PM
Purchasing Completed 09/24/2021 2:14 PM
Budget and Finance Completed 09/27/2021 10:35 AM
Maria Slavik Completed 09/27/2021 10:37 AM
Liz Yongue Completed 10/01/2021 9:20 AM
Board of County Commissioners Pending 10/20/2021 9:00 AM
Packet Pg. 1588
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F22.a
Destination Event Agreement
THIS Agreement is made and entered into by and between Monroe County, Florida, a politics
subdivision of the State of Florida (County), and Organization (Event Contractor) on this day o
, 2021.
WHEREAS, The District Advisory Committee (DAC) 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, which has as one of its main purposes the attraction of tourists, by
Event Contractors; and
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WHEREAS, the DAC recommends allocation of funds for the (Event Name) on (Event Date).
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as
follows-
1. Payment: The County agrees to pay up to $ ( Dollars - --
Monroe County Tourist Development Council (TDC) District I Funding Allocation) for Event Name or
Event Date, from tourist development tax funds (see Exhibit C). Of this amount, no more than 10% o E
$ of the total allocated funds shall be expended on advertising media costs attributable to in 2
county placement. rh general non-allocated section of are event budget shall not exceed 1 1%
the total budget and may be utilized for, unforeseen permissible exp nditurF and for thus(
budget lines that may require additional funds. No amendments shall be made to Exhibit C aft
approval of agreement. A list of Acceptable Evert Marketing ting Expenses is attached to th .
agreement as Exhibit A.
2. Scope of Services: The Event Contractor agrees to provide the County with an event a:
specified below:
(insert)
3. Event Budget: Exhibit C attached hereto shall be reviewed and approved by the TDC
Agencies of record.
4. Invoicing: Event Contractor agrees to submit all invoices and supporting documentation, it
accordance with generally accepted accounting principles, to the TDC administrative office, and a:
required by the County Clerks rules and policies no later than Expiration Date unless the date of the
event is amended upon approval of the Advisory Committee and TDC Director. Event Contractor shal
not be reimbursed nor will Event Contractor's vendors be paid directly for any invoices received by the
TDC administrative office after Expiration Date unless the date of the event is amended upon approva 5
of the Advisory Committee and TDC Director, and the County shall not be obligated to pay for am
services provided by Event Contractor under this agreement if documentation as noted above is no
received by the TDC administrative office on or before this reimbursement deadline date. To be eligiblE
for reimbursement, the request for reimbursement and supporting documents (checks, invoices, credi
card statements, bank statements, etc.) must show that the items were paid for directly by the sam(
entity named on the contract with the County. For clarification on reimbursements, please refer to the
reimbursement packet provided to you upon execution of your funding agreement.
Event Name:
Destination Event: FY 2022
Contract ID#:
1
Packet Pg. 1590
F.22.a
5. Expiration of Agreement: This agreement expires on Expiration Date unless the date o
the event is amended upon approval of the District Advisory Committee (DAC) and TDC Director and
the County shall not be obligated to pay for any services provided by Event Contractor under thi:
agreement if documentation as noted above is not received on or before this reimbursement deadlin(
date by the TDC administrative office.
6. Duties of Event Contractor: Event Contractor shall provide promotion and related service:
as described in paragraph 2 — Scope of Services and outlined in Exhibit C (Event Budget). Al
advertising and public relations services or supervision of advertising and public relations will bE
provided through the contracted agencies of the TDC and County.
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 agent:
and employees' access to said records at reasonable times.
8. Modification: The event name, time & date of the event and Schedule of Activities may bE
amended upon written approval of the DAC and TDC Director. Any changes to said contract other Char
stated above require approval by the DAC, TDC and the County.
9. Reimbursement to County: Event Contractor shall reimburse County for any amount o
funds expended by County in connection with an event which does not occur as a result of any act o
omission by Event Contractor.
10. Breach and Penalties: The parties agree to full performance of the covenants contained it
this agreement, and the County reserves the right at its discretion, provided such breach is material, tc
terminate this agreement for any misfeasance, malfeasance or nonperformance of the agreement term:
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 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 except for those reasons it
paragraph 22, then Event Contractor agrees to refund to the County any amounts already paid to then
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 claimE
suits or action made against the Event Contractor that is related to the activity under this agreement any
will cooperate with County in the investigation arising as a result of any action, suit or claim related t
this agreement. Any legal proceedings arising out of this agreement shall be in accordance with the law U
of the State of Florida in the 16t" Judicial Circuit for Monroe County; venue shall be in Monroe County
Florida.
13. Indemnification and Hold Harmless: The Event Contractor covenants and agrees tc
indemnify and hold harmless and defend Monroe County, its officers, employees and agents includinc
the TDC and 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys from any and al
claims for bodily injury (including death), personal injury and property damage (including property owner
by Monroe County) and any other losses, damages, and expenses (including attorney's fees) whicf
arise out of, in connection with, or by reason of the services provided by Event Contractor, or oche
Event Name:
Destination Event: FY 2022
Contract ID#:
2
Packet Pg. 1591
F.22.a
activities and funding associated with this agreement, except those losses or damages caused Dy ine
negligent or wrongful at or omission of County or its agents.
14. 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 am
commercial liability insurance coverage, self-insurance coverage, or local government liability insuranc(
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall am
contract entered into by the County be required to contain any provision for waiver.
15. Permits: The Event Contractor will secure all required permits, licenses and shall pay al
appropriate business taxes.
16. Taxes: The County and TDC are exempt from Federal Excise and State of Florida Sale:
Tax, but this in no way exempts the Event Contractor from applicable Federal and State taxes.
17. Finance Charges: The County and TDC shall not reimburse, pay or be responsible for am
finance charges.
18. Relation of County/TDC: It is the intent of the parties hereto that the Event Contracto
shall be legally considered as an independent Event Contractor and that neither it nor its employee:
shall, under any circumstances, be considered employees, servants or agents of the County and TDC 6
and the County and TDC shall at no time be legally responsible for any negligence on the part of saic
Event Contractor, its employees or agents, resulting in either bodily or personal injury or property
damage to any individual, firm or corporation.
0
19. Disclosure: The Event Contractor shall be required to list any or all potential conflicts o
interest, as defined by Florida Statutes Chapter 112 and Monroe County Code. The Event Contracto
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 an(
TDC.
20. Assignment: The Event Contractor shall not assign, transfer, convey, sublet or otherwis(
dispose of this agreement, or of any or all of its rights, title or interest therein, or his or its power tc
execute such agreement to any person, company or corporation without prior written consent of the
County.
21. Compliance with Laws - Nondiscrimination: Event Coordinator and County agre(
that there will be no discrimination against any person, and it is expressly understood that upon , ca
determination by a court of competent jurisdiction that discrimination has occurred, this Agreemen
automatically terminates without any further action on the part of any party, effective the date of the
court order. Event Coordinator and County agree to comply with all Federal and Florida statutes, and al
local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1
Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the
basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972
as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis o
sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibit:
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC
ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office an(
Event Name:
Destination Event: FY 2022
Contract ID#:
3
Packet Pg. 1592
F.22.a
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis OT drug
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitatior
Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse o
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s.3601 et seq.), as amended, relating to nondiscrimination in the sale
rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note)
as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10
Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color
sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression
familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes whicl
may apply to the parties hereto, or the subject matter of, this Agreement.
22. Force Maieure: The Event Contractor shall not be liable for delay in performance or failure t(
perform in whole or in part, the services due to the occurrence of any contingency beyond its control o
the control of any of its subcontractors or suppliers, including labor dispute, strike, labor shortage, war o
act of war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or civi
commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm, flood
drought or other act of God, act of any governmental authority, jurisdictional action, or insufficient supply
of fuel, electricity, or materials or supplies, or technical failure where the Event Contractor has exercise(
reasonable care in the prevention or mitigation of damages and delay, any such delay or failure shall no
constitute a breach of the agreement. Upon demand of TDC or County, the Event Contractor mus
furnish evidence of the causes of such delay or failure. County shall not pay for any services o
activities, promotional or otherwise, connected with an event produced after the date(s) described it
paragraph 1 and Scope of Services.
23. Governing Law/Venue: This agreement shall be governed by and construed it
accordance with the laws of the State of Florida applicable to contracts made and to be performe(
entirely in the State. In the event that any cause of action or administrative proceeding is instituted fo
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.
24. Security Protection: The Event Contractor agrees to provide adequate security for the
event. No TDC funds will be used for this purpose.
25. Media Rights: The TDC shall have the right under this agreement to broadcast o
rebroadcast, for any purpose whatsoever, radio, television, sound, video or film production, and stil ca
photographs, paid by the TDC and County, and produced by the TDC agencies of record.
26. Logo: Logo Usage guidelines are attached to this agreement as Exhibit B. Al
promotional literature and display advertising must display the "Key West — Close to Perfect - Far Fron
Normal" logo/trademark (as per attached logo sample). This logo/trademark 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 competen
jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby; an(
each provision of this agreement shall be valid and enforceable to the fullest extent permitted by law.
Event Name:
Destination Event: FY 2022
Contract ID#:
4
Packet Pg. 1593
F22.a
28. Authority: Each of the signatories for the Event Contractor below certifies and warrantF
that: a) the Event Contractor's name in the agreement is the full name of the person/entity or corporatior
as designated in its corporate charter, and b) they are empowered to act and execute the agreement fo
the Event Contractor and c) this agreement has been approved by the Event Contractor's governinc
board, as applicable to corporations or other appropriate authority.
29. Ethics Clause: The Event Contractor warrants that it has not employed, retained o
otherwise had act on its behalf, any former County officer or employee in violation of Section 2 o
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 agreemen
without liability and may also, at its discretion, deduct from the agreement or purchase price, o cc
otherwise recover, the full amount of any fee, commission, percentage, gift or consideration paid to the
former or present County officer or employee. The Event Contractors warrant that, in respect to itself, i
has neither employed nor retained any company or person, other than a bona fide employee workinc 00)
solely for it, to solicit or secure this agreement and that it has not paid or agreed to pay any person
company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee
commission, percentage, gift, or other consideration contingent upon or resulting from the award o
making of this agreement. For the breach or violation of the provision, the Event Contractor agrees tha
the County shall have the right to terminate this agreement without liability and, at its discretion, to offse
from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, o
consideration.
30. Public Entities Crimes: A person or affiliate who has been placed on the convicted vendo
list following a conviction for public entity crime may not submit a bid on a contract to provide any good,
or services to a public entity, may not submit a bid on a contract with a public entity for the constructior
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 unde
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: This agreement shall terminate on EXPIRATION DATE. Terminatior
prior thereto shall occur whenever funds cannot be obtained or cannot be continued at a level sufficien
to allow for the continuation of this agreement pursuant to the terms herein. In the event that fund, U
cannot be continued at a level sufficient to allow the continuation of this agreement pursuant to the
terms specified herein, this agreement may then be terminated immediately by the TDC administrativE
office providing written notice of termination delivered in person or by mail to Event Contractor. Th( E
Grantor may terminate this agreement without cause upon giving written notice of termination to Even
Contractor. The Grantor shall not be obligated to pay for any services or goods provided by Even
Contractor after Event Contractor has received written notice of termination.
County may terminate this agreement without cause by providing written notice via the TDC
administrative office 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, througf
Event Name:
Destination Event: FY 2022
Contract ID#:
5
Packet Pg. 1594
F.22.a
its officer, agent or representative, written notice at least seven (7) days prior to the effective date OT ine
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.
33. Notice: Any notice required or permitted under this agreement shall be in writing and hanc
delivered, emailed or mailed, postage prepaid, to the other party by certified mail, returned receip
requested to the following:
For Event Contractor:
For Grantor: Maxine Pacini
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040 _
And
Christine Limbert-Barrows, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041-1026
34. Miscellaneous: As used herein, the terms "contract" and "agreement" shall be reac
interchangeably.
0
35. Attestations: Event Contractor agrees to execute such documents as the County mad
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Fre( Eu
Workplace Statement.
36. Entire Agreement: The parties agree that the agreement above constitutes the entirE
agreement between the County and Event Contractor.
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Event Name:
Destination Event: FY 2022
Contract ID#:
6
Packet Pg. 1595
F22.a
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first abov(
written.
(SEAL) Board of County Commissioners
Attest: Kevin Madok, Clerk of Monroe County
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As Deputy Clerk Mayor/Chairman
Organization
By
President
Print Name
Date:
AND TWO WITNESSES
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(1) (2) y
Print Name: Print Name:
Date: Date: E
Event Name:
Destination Event: FY 2022
Contract ID#:
7
Packet Pg. 1596
F.22.a
EX
Acceptable Event Marketing Expenses for Destination Events
Only the TDC expenses listed below may be included in the proposed budget. A general non-allocate(
line item is not to exceed 15% of the total budget and can only be utilized for acceptable TDC marketin(
items listed in this section. There cannot be more than a 10% deviation from the approved line iten
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 rol
video, banners, mobile, social media promoted posts, and email blasts. Digital advertising links may g( ,
to the event website. The TDC Logo must be placed on all print, TV, websites, social media promote(
posts, pre roll video, banners and email blasts. Radio advertising does not require the logo but all radi(
announcements must say "Brought to you by the Monroe County Tourist Development Council". N( a
more than 10% of the total allocated funds shall be expended on advertising media costs attributable t(
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 b)
the BOCC/TDC, in accordance with Florida Public Records Law, are owned by the BOCC/TDC and a:
such may not be sold.
Direct Mail Promotions: Brochures, postcards and pamphlets including postage/shipping. This is
direct mail promotional brochure/postcard/pamphlet utilized for pre-event advertising.
Programs: TDC will pay up to fifty percent (50%) of the cost of production and printing of an even
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 a:
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 fo U
reimbursement.
Event Marketing Reimbursement: TDC will only consider reimbursement of permissible marketinc
expenditures that highlight the special event versus the regular programming of a business, organizatior
or the facility.
Amendments to Contract Budgets: No amendments to the line item budgets will be permitted afte
the contract has been reviewed and approved.
Event Name:
Destination Event: FY 2022
Contract ID#:
8
Packet Pg. 1597
F.22.a
EX
Logo/Acknowledgement Usage Guidelines For District I 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 "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"
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In-County Logo
The logo below indicating the "Monroe County Tourist Development Council" designation is to be utilize(
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 rol
video, banners, mobile and email blasts. Radio commercials should include "Brought to you by Th( G�
Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic
format (eps or jpg file), contact Danielle Salman or John Underwood with Tinsley Advertising at 305-856
6060.
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MONWE CQUNTY TQURIST DPVEtQPM�NT COUNCIL
Out-of-County Logo
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, social media promoted posts
banners, mobile and email blasts. Radio commercials should include "Brought to you by The Monro(
County Tourist Development Council". To seek approval, clarification and/or logo in electronic forma
(eps or jpg file), contact Danielle Salman or John Underwood at Tinsley Advertising at 305-856-6060.
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Event Name:
Destination Event: FY 2022
Contract ID#:
9
Packet Pg. 1598
F.22.a
EX
DESTINATION EVENT BUDGET - FISCAL YEAR 2022
Applicant i advised pr�i r� t completing ft i budget t refer, t Exhibit A f theSample C tr�ac
h vi g theAll wabl Marketing Expenses. ",This can lie found online at:
http://fl-monroeCounty.civicpius.com/index.aspx?nid=328
',THERE WILL BE NO AMENDMENTSTOTHISBUDGET (EXHIBIT C) AFTER BOCC APPROVAL OF AGREEMENT
c
EVENT NAME
MEDIA PLACEMENT & PRODUCTION COST: $
PROMOTIONAL SIGNS: $ Q
2
PROMOTIONAL ITEMS: $
DIRECT MAIL PROMOTIONS: $
PROGRAMS $
PUBLIC RELATIONS: $
*GENERAL NON-ALLOCATED: $
TOTAL $
*The General Non-Allocated line item should not exceed 1 % of the total funding allocation, and ma) )
only be utilized for acceptable event marketing expenses (see Exhibit A of Application).
Actual expenditures may deviate no more than 1 % from the budgeted line items noted above. �
TDC will only consider reimbursement of permissible marketing expenditures that highlight the specia
event versus the regular programming of a business, organization or the facility.
The County shall pay no more than 1 % of the total allocated funds on advertising media cost:
attributable to in-county placement.
Event Name:
Destination Event: FY 2022
Contract ID#:
10
Packet Pg. 1599