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Item D2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: JUNE 18,2008 Division: TDC Bulk Item: Yes ~ No Department: Staff Contact Person/Phone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Amendment to Agreement with the Lower Keys Chamber of Commerce, Inc. to revise event name from "Big Pine Key Winterfest and Island Art Fair" to "Big Pine and Lower Keys Island Art Festival". ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: BOCC approved original Agreement at their meeting of October 17, 2007 CONTRACT/AGREEMENT CHANGES: Amendment to revise name of event STAFF RECOMMENDATIONS: Approval TOT AL COST: $2,167 BUDGETED: Yes -X- No COST TO COUNTY: $2,167 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes ~ No AMOUNT PER MONTH Year APPROVED BY: County Atty ~ ~urChaSing ~ Risk Management X DOCUMENT ATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Lower Keys Chamber of Contract # - TDC #: 421 Commerce, Inc. Effective Date: 10/17/07 Expiration Date: 9/30/09 Contract Purpose/Description: Approval of an Amendment to Agreement with the Lower Keys Chamber of Commerce, Inc. to revise event name from "Big Pine Key Winterfest and Island Art Fair" to "Big Pine and lower Keys Island Art Festival". Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 6/18/08 Agenda Deadline 6/3/08 CONTRACT COSTS Total Dollar Value of Contract: $ 2,167 Budgeted? Yes[gJ No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75360-530340- T85M-558-X-530340 - - --- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes ~~~ Needed Division Director QJJj1J8 YesD NolEJ Risk Manag"l"en~,\ s~ct YesD Nd fci<.. ~~~~ __ .' ~/ O.M.B./Purc11asfng ')>& -di5 YesD NoGZf -=-~..... \ <::----- ~,c:/ County Attorney ~ YeSDNO~ C. Hall Date Out {j 1/Of 5~~V~ 66 q Comments: OMB Form Revised 2/27/01 Mep #2 AMENDMENT (1st AMENDMENT) TO AGREEMENT THIS AMENDMENT to agreement dated the_day of 2008, is entered into by and between the Board of County Commissioners for Monroe County, Florida, a political subdivision of the state of Florida ("County"), and Lower Keys Chamber of Commerce, Inc. ("Event Sponsor"). WHEREAS, there was a contract entered into on October 17, 2007 between the parties, awarding $2,167 for the production of the Big Pine Key Winterfest & Island Art Fair on December 7, 2008; and WHEREAS, it has become necessary to revise the name of the event upon legal advice due to the event name of "Winterfest" already being trademarked; and NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1, All references within the Agreement to "Big Pine Key Winterfest and Island Art Fair" shall be replaced with "Big Pine and the Lower Keys Island Art Festival". 2. The remaining provisions of the contract dated October 17, 2007 remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) Attest: Danny L. Kolhage, Clerk Board of County Commissioners of Monroe County Deputy Clerk Mayor/Chairman (CORPORATE SEAL) Attest: Secretary -'I..-- By. Print Name ..-- / I r1--1 ::::) 4--./ N ';:..--2) <P Print Name OR TWO WITNESSES (1 ) (1 ) (2) (2) Print Name Print Name .'vl0NROE COUNTY ATTORNEY ~~ROVED AS TOllil!- ~ .J.-.1- YNTHIA L. H LL ASSISTANT COUNTY ATTORNEY 'late S- - ~- - Oa (- (' ~ Ruden ~_I McClosky 200 EAST BROWARD BOULEVARD SUITE 1500 FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (954) 761-2918 FAX: (954) 333-4118 DEBORAH.BERKOWITZ@RUDEN.COM March 6, 2008 Via Federal Express Jason O'Brien, President Lower Keys Chamber of Commerce, Inc. 31020 Overseas Highway Big Pine Key, FL 33043 RE: WINTERFESTTM and WINTERFEST AND DESIGNTM Trademark Infringement Our File No.: 14476-0005 Dear Mr. O'Brien: This firm represents Winterfest, Inc. in intellectual property matters. Winterfest is the owner of the WINTERFEST mark in Florida Trademark Registration No. T09936 and the WINTERFEST AND DESIGN mark in Florida Trademark Registration No. T09937 (referred to collectively hereinafter as the "Winterfest Marks"), for publications and for conducting an annual festival. Our client has used its Winterfest Marks since at least as early as 1988 and has established enormous name recognition and good will in Florida and throughout the United States. Winterfest, Inc. has learned that Lower Keys Chamber of Commerce, Inc. ("Chamber"), has used and is using "Winterfest" for a festival in Big Pine Key, Florida. Copies of a flyer for your 2007 festival and a printout from the Chamber's website showing the scheduled 2008 festival are enclosed. While the Chamber's infringing use of our client's Winterfest Marks may have been inadvertent, the Chamber's use and display of our client's Winterfest Marks does constitute trademark infringement, unfair and deceptive trade practices, unfair competition, and misappropriation under Federal, State and Common Law. Therefore, Winterfest, Inc., in an effort to resolve this matter expeditiously and without the necessity of taking further action, does demand that the Chamber immediately do the following: FTL:2584996:2 10f2 CARACAS' fT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST.LUCIE . SARASOTA. ST, PETERSBURG' TAlLAHASSEE. TAMPA. WEST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. ( ( '- (1) Immediately cease and desist both now and in the future from any use or display of our client's Winterfest Marks, the term WINTERFEST, any formative, derivation, or part thereof by itself or in connection with other words, terms or designs, or any similar word or term (collectively "WINTERFEST"), and; (2) Immediately recall, remove or destroy all advertising m any media usmg WINTERFEST; (3) Provide a sworn affidavit by an officer or principal of the Chamber within seven (7) days of receipt of this letter, attesting that the Chamber has agreed to and has complied with the demands set forth in paragraphs 1 and 2, . The Chamber's continuing use of WINTERFEST marks after receipt of this letter shall be deemed intentional and willful infringement, which imposes additional liability. This letter is without prejudice, is written for purposes of compromise and settlement and is covered by Federal Rule of Evidence 408. Nothing herein shall limit or be construed to limit any position, rights, additional demands or claims that Winterfest may have or assert, all of which are expressly reserved. We look forward to your cooperation in order to resolve this matter. Please respond to the undersigned within the time requested. Very truly yours, RUDEN MCCLOSKY SMITH SCHUSTER & RUSSELL, P.A. 1JtJwr4Ptr~~L Deborah T. Berkowitz FTL:2584996:2 20f2 CARACAS. FT.I.AUDERDALE . MIAMI. NAPUS . ORlANDO. PORT ST.WClE . SARASOTA. ST. PETERSBURG. TAI.IAHASSEE . TAMPA. WEST PAI.M BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. 03/25/2008 10:48 3058721577 ( L HANKINS FIELDER PA (C PAGE 02/02 LAW OFFICES LYNNE HANKINS FIELDER, P..A~ Mailing Address: PO Box 420973 Summerland Key, FL 33042-0973 (305) 872-5000 Telephone (305) 872-1677 Facsimile Ihfpa@aol.com Physical Address: 5 Ships Way Big Pine Key, Florida 33043 VIA FACSIMILE @ 954-333-4118 AND U.s. MAIL March 26. 2008 Deborah T. Berkowitz Attorney at Law Ruden, McClosky. Smith. Schuster & Russell, P ,A. P.O. Box 1900 Fort Lauderdale, FL 33302 Re.: Winterfest Alleged Tradema.rk Infringement Your Fjle#: 14476-0005 Dear Ms. Berkowitz: This letter is intended as the promised follow up to this finn's March 12'h letter to you on behalf of its client. the Lower Keys Chamber of Comm.erce, Inc. ("Chamber"). The Chamber i.8 completing its investigation of its use of the "Winterfesf' name in connection with its annual winter art and music festival. Absent anything unforeseen, the Chamber's Board of Directors will be discussing same and making a decision regarding the allegations contained in your March 6th letter on behalf ofWinterfesl, Inc. at the Chamber Board's next meeting scheduled for April 9th, I anticipate that this tirm will be instructed by thc Chamber Board to contact you regarding same shortly thereafter. Thank you for your time and consideration to this matter, Very Truly Yours, }~IM/ Ly1i~ Hankins Fielder Attorney at Law C.c. Lower Keys Chamber of Commerce, Inc. via fax Attention: Carole Stevens, Executive Director C:IOfticc\CI ,IFNTILk Chamber',Letter to Atty I3~kowitz reo LKCl1ambcr 3-Z6.08. wpd <" ( Destination Events Aareement , IL . THIS AGREEMENT (Agreement) is entered into this /) - day of (L/~~, 2007 by and between MONROE COUNTY, a political subdivision of the state of Florida (County) and Lower Keys Chamber of Commerce, Inc. a not for profit business organized and operating under the laws of the state of Florida. (Event Sponsor). WITNESSETH: In consideration of the mutual covenants contained herein, the parties agree as follows: 1. The County agrees to pay up to $2,167 (Two Thousand, One Hundred and Sixty Sever Dollars) for the Big Pine Key Winterfest & Island Art Fair on December 7, 2008 from touris development tax funds (See Exhibit A). No more than 10% of the total advertising and promotion a costs paid under this agreement shall be attributable to in-county advertising and promotion. 2. Scope of Services: The event sponsor agrees to provide the County with an event a~ specified below: a). b). c). d). A one day festival with a gathering of musicians and artists Food & beverage Children's activities Arts & Crafts 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 (TOe) and COUNTY. The agencies of record shall receive payment for work in progress upon submission of documented invoices associated with the event. 4. Payment: Any payments directly to the event sponsor or vendors associated with said event shall be as follows: Payment upon presentation of an invoice shall indicate the task completed for which payment is sought, with proper documentation attached. Upon completion of said event, a financial statement detailing all revenue and expenses utilizing generally accepted accounting principals shall be prepared, notarized and submitted by Event Sponsor. The County's contracted public relations firm shall confirm compliance with the Scope of Services, Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the COUNTY. Only acceptable expenses listed in the Monroe County Tourist Development Council Operations Manual shall be paid, Big Pine Key Winterfest FY 2008 Contract #: 421 1 ( ( 5. Accountina: Financial records of the Sponsor pertaining to this project shall be kel according to generally recognized accounting principles and shall be available to the COUNTY or 1 an authorized representative for audit. 6, Modification: Line item changes to the advertising and promotion budget may be mad up to but not exceeding 10% of the larger line item amount without requiring COUNTY approval of th particular change. 7. Breach and Penalties: The parties agree to full performance of the covenants containe in this agreement, and the COUNTY reserves the right at its discretion, provided such breach i material, to terminate this agreement for any misfeasance, malfeasance, or nonperformance of th agreement terms or negligent performance of the agreement terms by the event sponsor. 8. Termination: This Agreement will be terminated on September 30, 2009. All invoice1 must be submitted prior to September 30, 2009. 9. Non Occurrence of Event: If the event does not take place for any reason under contro of Event Sponsor except for those reasons in paragraph 19, then Event Sponsor agrees to refund tc the COUNTY any amounts already paid to them under this agreement, and relieve the COUNTY froll any further payments. The event sponsor shall give written notice to the Monroe County Tourist Developmen1 Council if it is found necessary to cancel an event. The notice shall contain the following specifics: 1 ) reason for cancellation, 2) documentation of the reason for cancellation and 3) person authorized to cancel including title and stated affiliation. 10. Indemnification and Hold Harmless: The event sponsor 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, event sponsored, or other activities and funding associated with this agreement, except those losses or damages caused by COUNTY or its agents. 11. Insurance ReQuirements: Event sponsor as a pre-requisite of the Special Event governed by this agreement, shall obtain, at its own expense, insurance as specified in this section. Event sponsor will not be permitted to commence work associated with the Event (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the county as specified below. Event sponsor shall maintain the required insurance throughout the entire duration of the Special Event and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of the Event Big Pine Key Winterfest FY 2008 Contract #: 421 2 ,{,..- , \, ( until the required insurance has been reinstated or replaced. Event sponsor shall provide, to th County, as satisfactory evidence of the required insurance, either: * Original certificate of Insurance or * Certified copy of the actual insurance policy A certified copy of any or all insurance policies required by this contract shall be filed with the Clerk ( the COUNTY prior to the Event. All insurance policies must specify that they are not subject to cancellation, non-renewa material change or reduction in coverage unless a minimum of thirty (30) days prior notification i given to the County by the insurer. Acceptance and/or approval of event sponsor's insurance shall not be construed as relievin! event sponsor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will bE included as "Additional Insured" on all policies. Any deviations from these General Insurance Requirements must be requested in writing on the County form titled "Request for Waiver of Insurance Requirements" and must be approved by Monroe County Risk Management. Event sponsor shall furnish the County with a certificate evidencing the insurance required by this paragraph not later than twenty (20) days prior to the event. Prior to commencement of work governed by this contract, event sponsor shall obtain General Liability Insurance. Coverage shall be maintained through out the life of the contract and include, as a minimum: * Premises Operations * Products and Completed Operations * Blanket contractual Liability * Personal Injury Liability * Expanded Definition of Property Damage The minimum limits acceptable shall be: * $1,000,000.00 combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: * $500,000,00 per person * $1,000,000,00 per Occurrence * $100,000.00 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend Big Pine Key Winteriest FY 2008 Contract #: 421 3 ( ( for a minimum of twelve (12) months following the acceptance of work by the County. Recognizing th the work governed by this contract involves the sales and/or distribution of alcoholic beverages, tt- Contractor's General Liability Insurance policy shall include Liquor Liability with limits equal to those ( the basic coverage. A separate Liquor Liability policy is acceptable if the coverage is not more restrictive than th contractor's General Liability policy. 12. Permits: The event sponsor will secure all required permits, licenses including but n( limited to occupational licenses, 13. Taxes: The COUNTY and TOC are exempt from Federal Excise and State of Florid Sales Tax. 14. Finance Charaes: The COUNTY and TOC shall not be responsible for any finano charges. 15. Relation of COUNTYffOC: It is the intent of the parties hereto that the event sponso shall be legally considered as an independent Event Sponsor and that neither it nor its employee~ shall, under any circumstances, be considered employees, servants or agents of the COUNTY am TOC and the COUNTY and TOC shall at no time be legally responsible for any negligence on the par of said Event Sponsor, its employees or agents, resulting in either bodily or personal injury or propert) damage to any individual, firm, or corporation. 16. Disclosure: The event sponsor shall be required to list any or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. The event sponsor shall disclose to the COUNTY and TOC 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 TOC. 17. Assianment: The event sponsor 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. 18. Compliance with laws - Nondiscrimination: The event sponsor, shall comply with all federal, state and local 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 federal, state, and local laws and ordinances. 19. Force Maieure: The event sponsor 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, Big Pine Key Winterfest FY 2008 Contract #: 421 4 ( ( \ war or act of war whether an actual declaration thereof if made or not, insurrection, sabotage, riot ( civil commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm, flood, drought or other act ( God, act of any governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, C materials or supplies, or technical failure where the event sponsor has exercised reasonable care i the prevention or mitigation of damages and delay, any such delay or failure shall not constitute , breach of the Agreement. Upon demand of TDC or COUNTY, the event sponsor must furnisl 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) desaibed in paragrapl 1 and Scope of Services. 20. Governino LawNenue: This Agreement shall be governed by and construed ir accordance with the laws of the State of Florida applicable to contracts made and to be performec 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 Sponsor 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. 21. Security Protection: The event sponsor agrees to provide adequate security for the event. No TDC funds will be used for this purpose. 22. 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. 23. Media riohts: 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. 24. LOGO: All promotional literature and display advertising with the exception of generic advertising must display the "Florida Keys & Key West Come As You Are" logo/trade mark (as per attached logo sample). This logo/trade mark was adopted by the TDC and County in December 2006. In-Countv Looo: The logo that includes the "Monroe County Tourist Development Council" designation is to be utilized in all approved in-county print newspaper ads, magazine ads, street banners, posters and other approved signage efforts, Radio commercials should include "Brought to you by The Monroe County Tourist Development Council", To seek approval, clarification and/or logo in electronic format (eps or jpg file), contact John Underwood with Tinsley Advertising at 305-856- 6060. Out of County LOQo: The out of county logo does NOT include the "Monroe County Tourist Development Council" designation and is to be utilized in all other efforts including any approved out- Big Pine Key Winterfest FY 2008 Contract #: 421 5 ( ( of-county print newspaper ads, magazine ads, television commercials, internet advertising (banner: buttons, e-mail blasts), direct mail promotions (brochures and pamphlets) and any approve promotional items including programs, T-shirts, hats, jackets, trophies and koozie cups. Radi commercials should include "Brought to you by The Monroe County Tourist Development Council". T seek approval, clarification and/or logo in electronic format (eps orjpg file), contact John Underwood ~ Tinsley Advertising at 305-856~060. 25. Severability: If any provision of this Agreement shall be held by a Court of competer 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. 26. Authority: Each of the signatories for the sponsor below certifies and warrants that: a) The Sponsor's name in the agreement is the full name as designated in its corporatl charter, and b) they are empowered to act and execute the agreement for the Sponsor and c) thi: Agreement has been approved by the Sponsor's Board of Directors. 27. Ethics Clause: The event sponsor warrants that it has not employed, retained or othel wise 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 agreemenl 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 tc the former or present County officer or employee. 28. Public Entity 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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals 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 period of 36 months from the date of being placed on the convicted vendor list. IJ 29. Notice: Any notice required or permitted under this agreement shall be in writing and had delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: For Grantee: Carole Stevens lower Keys Chamber of Commerce 31020 Overseas Highway (MM 31) Big Pine Key, Fl 33043 Big Pine Key Winterfest FY 2008 Contract #: 421 6 '. ( ( For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 And Susan Grimsley, Asst. County Attorney P.O. Box 1026 Key West, FL 33041-1026 30. Entire Aareement: The parties agree that the Agreement above constitutes the entir, agreement between the COUNTY and event sponsor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year fin: above written. (SEAL) Attest: Danny L. Kolhage, Clerk ~cJUlO C .liW~ Deputy Clerk / \.., ~ - -' Board of County Commissioners of Monroe County a ~;(}/~ Mayor/Chairman (CORPORATE SEAL) Attest: Lower Keys Chamber of Commerce, Inc. By. Secretary BY~."/~//~ Pr . en~/- Print Name /d, ?~ ,,_ /i < Co,-; C:~.C---l print Name Date: Date: /(fZ.- 0 l- OR TWO WITNESSES (1 ) (2) Print Name: Print Name: Date: Date: Big Pine Key Winterfest FY 2008 Contract #: 421 7 MONl'1ot: oOUNrv fA. r fUHNEY )PPROVED A~ TO. FORM: / ". ( ~~iA~ !~t~~LEY:~/ ASSISTANT codN1Y ATTORNEY Oa,./ / j/- .-; 7 '0 " , '-Countv Logo )ut-of-Countv Loao ". t , ( The Floridd Keys ... MONROE COUNTY TOURIST DEVELOPMENT COUNCIL The Floridd Keys g Pine Key Winterfest ( 2008 mtract #: 421 ... 8 I . ; .t ( EXHIBIT itA It MONROE COUNTY TOURIST DEVELOPMENT COUNCIL DESTINATION EVENT BUDGET BUDGET BREAKDOWN Line items listed below must be approved by the appropriate agency of record EVENT NAME: Big Pine Key Winterfest & Island Art Fair MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines, TV, website/internet advertising only PROMOTIONAL SIGNS: posters/banners PROMOTIONAL ITEMS: t-shirts, hats, jackets, coozie cups DIRECT MAIL PROMOTIONS: brochures/pamphlets/postage & shipping PROGRAMS: PUBLIC RELATIONS: *GENERAL NON-ALLOCATED $ 1,917.00 $ 150.00 $ 100.00 TOTAL $ 2,167.00 *GENERAl NON ALLOCATED MAY NOT EXCEED 15% OF THE ABOVE BUDGET AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TDC ITEMS AS APPROVED BY THE ADVERTISING AND PUBLIC RELATIONS AGENCY OF RECORD. ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED LINE ITEMS NOTED ABOVE. Monroe County Taunst Development OestinatlOnlTumKey Event Application FY 2008 33