Item F41 F.41
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
October 19, 2022
Agenda Item Number: F.41
Agenda Item Summary #10910
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296-1552
N/A
AGENDA ITEM WORDING: Approval of District II Destination Event Funding Agreements as
per attached spreadsheet totaling $47,500
ITEM BACKGROUND: In order to reduce the vast quantity of paperwork of routing individual
Agreements,we request approval of the District II 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 II Event
Agreement is attached for your information.
DAC II approved at their meeting of August 2, 2022
TDC approved same at their meeting of September 20, 2022
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 II Destination Spreadsheet and Boilerplate Agreement
FINANCIAL IMPACT:
Effective Date: October 19, 2022
Expiration Date: Various — see attached spreadsheet
Packet Pg. 1988
F.41
Total Dollar Value of Contract: $47,500
Total Cost to County: No cost to County
Current Year Portion: $47,500
Budgeted: Yes
Source of Funds: TDC
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: No
Additional Details:
REVIEWED BY:
Maxine Pacini Completed 09/22/2022 2:50 PM
Christine Limbert Completed 09/26/2022 1:46 PM
Purchasing Completed 09/26/2022 4:38 PM
Budget and Finance Completed 09/26/2022 4:39 PM
Brian Bradley Completed 09/30/2022 9:15 AM
Lindsey Ballard Completed 09/30/2022 10:08 AM
Board of County Commissioners Pending 10/19/2022 9:00 AM
Packet Pg. 1989
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F.41.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
, 2022.
WHEREAS, The District Advisory Committee (DAC) has recommended to the Monroe Count)
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, b�
Event Contractors; and
WHEREAS, the DAC recommends allocation of funds for the Event Name in Event Date. W
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agre(
as follows-
1. Payment: The County agrees to pay up to $ (Dollars — Monroe County Touris
Development Council (TDC) District II Funding Allocation) effective on October 19, 2022 for Even
Name in Event Date, from tourist development tax funds (see IIIIII uuilll ur° ). Of this amount, no more Char n
10% or $ of the total allocated funds shall be expended on advertising media costs attributabl( ,
. dui oui°� o�' a ui� o .. .. c
°t� 6 ofu�lll,.itc placement budget alai iucui�ouia ui�oui°� a oua�o o oui�� budget °iva ui�o° o uo
l i may c a di iiuo lo ur a un o�cuco � lc�imiuic oII
c� i�u�oa un o
fliuouc budget uu�ou �,ua� uiu�a �cquuiuio auiflounall fuin u Y o ainleindinleints aII[°aIII114 Ill e ui ado to III auiIll uu
afteir a114 114 ui o aIIL of agireeinlein't A I st of Acce1ptaIII,fle III Neint I' auirlke'fl iil iris a°t aul[iuc "to flll,,iu
agireeinlein't as III i ui b ui°
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2. Scope of Services: The Event Contractor agrees to provide the County with an event w
specified below:
a)
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3. Event Budget: Exhibit C attached hereto shall be reviewed and approved by the TDC C
Agencies of record.
0.
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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 U
TDC administrative office after Expiration Date unless the date of the event is amended upon approva
of the Advisory Committee and TDC Director, and the County shall not be obligated to pay for am Zj
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 c
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 2023
Contract ID#:
1
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F.41.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 2,
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. .
A
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 0
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.
12. Claims and Venue: Event Contractor agrees to notify County immediately of any claim:
suits or action made against the Event Contractor that is related to the activity under this agreement ani
will cooperate with County in the investigation arising as a result of any action, suit or claim related v
this agreement. Any legal proceedings arising out of this agreement shall be in accordance with the law
of the State of Florida in the 16t" Judicial Circuit for Monroe County; venue shall be in Monroe County -U
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) whicl
arise out of, in connection with, or by reason of the services provided by Event Contractor, or oche
Event Name:
Destination Event: FY 2023
Contract ID#:
2
Packet Pg. 1992
F.41.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.
U)
17. Finance Charges: The County and TDC shall not reimburse, pay or be responsible for am
finance charges.
2
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 TD(
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.
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 n
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: County and Event Contractor agree that ther(
will be no discrimination against any person, and it is expressly understood that upon a determination b�
a court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court order
County or Event Contractor agree to comply with all Federal and Florida statutes, and all loca azi
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI
of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race color o
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 of sex; 3) Section 504 of the Rehabilitatior
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4
The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discriminatior
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended
Event Name:
Destination Event: FY 2023
Contract ID#:
3
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F.41.a
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse an
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or 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 alcohc
and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC ss. 3601 et seq.), a:
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans wift
Disabilities Act of 1990 (42 USC s. 12101 Note), as maybe amended from time to time, relating t(
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, whicf
prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexua
orientation, gender identity or expression, familial status or age; 11) any other nondiscriminatior
provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of
this Agreement. W
22. Force Maieure: The Event Contractor shall not be liable for delay in performance or failur(
to perform in whole or in part, the services due to the occurrence of any contingency beyond its contro
or the control of any of its subcontractors or suppliers, including labor dispute, strike, labor shortage, wa
or 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
Ew-
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 n
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 venu(
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
photographs, paid by the TDC and County, and produced by the TDC agencies of record.
26. Logo: o o Usage gWd&luines aire a°tta Il[,iuc to fl,,iJs agireeirnein't as III uuilll ui Illlf Al
promotional literature and display advertising must display the "Big Pine Key and Florida's Lower Keys
logo/trademark (as per attached logo sample). This logo/trademark was adopted by the TDC an(
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 2023
Contract ID#:
4
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F.41.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 2'
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
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 0
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 n
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 dat(
of being placed on the convicted vendor list.
31. Laws and Regulations: Any and all services, materials and equipment shall comply full)
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:
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(
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 2023
Contract ID#:
5
Packet Pg. 1995
F.41.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 W
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
And
2
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 rea(
interchangeably.
35. Attestations: Event Contractor agrees to execute such documents as the County ma)
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Fre( n
Workplace Statement.
36. Entire Agreement: The parties agree that the agreement above constitutes the entir(
agreement between the County and Event Contractor.
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Event Name:
Destination Event: FY 2023
Contract ID#:
6
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F.41.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
As Deputy Clerk Mayor/Chairman
2
A
Organization
By
President CL
0
Print Name
Date:
U)
AND TWO WITNESSES
CL
(1) (2)
Print Name: Print Name:
Date: Date:
E
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Event Name:
Destination Event: FY 2023
Contract ID#:
7
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F.41.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) c
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( 2'
to the event website. The TDC Logo must be placed on all print, TV, websites, social media promote( 2':
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(
more than 10% of the total allocated funds shall be expended on advertising media costs attributable t(
in-county placement.
n
Promotional Signs: Posters and banners (hanging and displayed outdoors).
Promotional Items: T-shirts and hats*.
0
*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 n
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. TDC
will pay up to fifty percent (50%) of the production only (no click through cost) for digital program:
showing scheduled activities and information as outlined in the contract and contract budget. TDC wil
pay for print or digital programs, but not both.
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
reimbursement.
E
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 2023
Contract ID#:
8
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F.41.a
EX
Logo/Acknowledgement Usage Guidelines For District II 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" 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" >
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(
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.
BigPineKey
and Flondd's Dowd Keys
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out-of-County Logo 0
The logo below that does NOT include the "Monroe County Tourist Development Council" designation is Do
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 Tw
banners, mobile and email blasts. Radio commercials should include "Brought to you by The Monro( w
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.
•
DigPineKey
dnd Florldd's Lower Keys U
E
Event Name:
Destination Event: FY 2023
Contract ID#:
9
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F.41.a
EXHIBIT C
DESTINATION EVENT BUDGET - FISCAL YEAR 2023
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Agreement
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EVENT NAME
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MEDIA PLACEMENT & PRODUCTION COST: $
PROMOTIONAL SIGNS: $
PROMOTIONAL ITEMS: $
DIRECT MAIL PROMOTIONS: $
PROGRAMS $
PUBLIC RELATIONS: $
*GENERAL NON-ALLOCATED: $
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). E
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 u
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.
Packet Pg. 2000