Item D01 D1
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
October 18, 2023
Agenda Item Number: D1
2023-1328
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan 305-296-1552
AGENDA ITEM WORDING: Approval of Cultural Event Agreements for FY 2024 as per attached
spreadsheet totaling $729,598.
ITEM BACKGROUND:
In order to reduce the vast quantity of paperwork we request your approval of the cultural events
outlined on the attached spreadsheet wherein the contract ID number, organization, event name, event
dates, funding allocated, district, expiration and effective dates are provided. A boilerplate cultural
agreement is provided for your information.
TDC Approved same at their meeting of July 20, 2023
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 Agreements
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Cultural Spreadsheet and Boilerplate Agree ent.pdf
FINANCIAL IMPACT:
Line Item Number: 115 75011 SC 00066
1760
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CULTURAL EVENT FUNDING AGREEMENT
THIS Agreement is made and entered into by and between Monroe County, Florida, a political
subdivision of the State of Florida (County), and Organization (Event Contractor) on this day
of , 2023.
WHEREAS, Florida Keys Council of the Arts, the Umbrella organization under contract with
the County, has recommended to the Monroe County Tourist Development Council (TDC), which has
endorsed the recommendation, that certain monies be allocated for promotion of an event, which has
as one of its main purposes the attraction of tourists, by Event Contractor; and
WHEREAS, the Umbrella organization recommends allocation of funds for the Event Name
(Event) on Event Date.
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows-
1. Amount: County shall pay a sum not to exceed $Funds allocated (Dollars — TDC
District district funding Allocation) effective for promotion and related expenditures, as
described in the event budget, attached hereto as Exhibit D, for production of the Event Name on
Event Date. Of this amount, no more than 30% or $ shall be expended on advertising media
placement and production costs line item attributable to in-county placement. No amendments shall
be made to the Budget as set forth in Exhibit D after approval of agreement. Payment will be
made only after Event Contractor submits invoices and supporting documentation, in accordance with
generally accepted accounting principles, acceptable to the County Clerk. The advertising and
promotion budget using county funding may be altered as to the individual line items, or components,
within 10% of the amount stated for that item or component, without increasing the total dollar amount
and without requiring a written amendment to this agreement. The general non-allocated section of
an Umbrella event budget shall not exceed 15% of the total budget and may be utilized for
unforeseen permissible expenditures and for those budget lines that may require additional funds.
Monroe County's performance and obligation to pay under this agreement is contingent upon an
annual appropriation by the Board of County Commissioners.
2. Duties of Event Contractor: Event Contractor shall provide promotion and related
services as described in the Schedule of Events, Exhibit C, attached hereto.
3. Invoicing: Event Contractor agrees to submit all invoices and supporting documentation
as required by the County Clerk's rules and policies no later than EXPIRATION DATE unless the
date of the event is amended upon written approval of the Cultural Umbrella and TDC Director. Event
Contractor shall not be reimbursed nor will Event Contractor's vendors be paid directly for any
invoices received by the County after EXPIRATION DATE unless the date of the event is amended
upon written approval of the Cultural Umbrella and TDC Director, and the County shall not be
obligated to pay for any services provided by Event Contractor under this agreement if documentation
as noted above is not received on or before this reimbursement deadline date by the TDC
administrative office. To be eligible for reimbursement, the request for reimbursement and supporting
documents (checks, invoices, credit card statements, bank statements, etc.) must show that the items
were paid for directly by the same entity named on the agreement with the County. For clarification on
Event Name:
Cultural Umbrella Funding FY 2024
Contract I D#:
1 1763
reimbursements, please refer to the reimbursement packet provided to you upon execution of your
funding agreement.
4. Expiration of Agreement: This agreement expires on EXPIRATION DATE and the
County shall not be obligated to pay for any services provided by Event Contractor under this
agreement if documentation as noted above is not received on or before this reimbursement deadline
date by the TDC administrative office, unless the date of the event is amended upon written approval
of the Cultural Umbrella and TDC Director.
5. Reimbursement to County: Event Contractor shall reimburse County for any amount of
funds expended by County in connection with an event which does not occur as a result of any act or
omission by Event Contractor.
6. Media Rights: The TDC shall have the right under this agreement to broadcast or
rebroadcast, for any purpose whatsoever, radio, television, sound, video or film production, and still
photographs, paid by the TDC and County, and produced by the TDC agencies of record.
7. Indemnification and Hold Harmless: The Event Contractor covenants and agrees to
indemnify and hold harmless and defend Monroe County, its officers, employees and agents
including the TDC and 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys from any
and all claims for bodily injury (including death), personal injury, and property damage (including
property owned by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of the services provided by Event
Contractor, or other activities and funding associated with this agreement, except those losses or
damages caused by the negligent or wrongful act or omission of County or its agents.
8. Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Event Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any contract entered into by the County be required to contain any
provision for waiver.
9. Ethics Clause: The Event Contractor warrants that it has not employed, retained or
otherwise had act on its behalf, any former County officer or employee in violation of Section 2 of
Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No.
10-1990. For breach or violation of the provision the County may, at its discretion, terminate this
agreement without liability and may also, at its discretion, deduct from the agreement or purchase
price, or otherwise recover, the full amount of any fee, commission, percentage, gift or consideration
paid to the former or present County officer or employee. The Event Contractors warrant that, in
respect to itself, it has neither employed nor retained any company or person, other than a bona fide
employee working 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 or making of this agreement. For the breach or violation of the provision, the Event
Contractor agrees that the County shall have the right to terminate this agreement without liability
Event Name:
Cultural Umbrella Funding FY 2024
Contract I D#:
2 1764
and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
10. Claims and Venue: Event Contractor agrees to notify County immediately of any claims
suits or action made against the Event Contractor that is related to the activity under this agreement
and will cooperate with County in the investigation arising as a result of any action, suit or claim
related to this agreement. Any legal proceedings arising out of this agreement shall be in accordance
with the laws of the State of Florida in the 16t" Judicial Circuit for Monroe County; venue shall be in
Monroe County, Florida.
11. Severability: If any provision of this agreement shall be held by a court of competent
jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby; and
each provision of this agreement shall be valid and enforceable to the fullest extent permitted by law.
12. Governing Law/Venue: This agreement shall be governed by and construed in
accordance with the laws of the State of Florida applicable to contracts made and to be performed
entirely in the State. In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of the agreement, the County and Event Contractor agree that
venue shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. This agreement shall not be subject to arbitration.
13. Accounting and Records: Event Contractor shall maintain records pursuant to
generally accepted accounting principles for four (4) years after the event and shall permit County
and its agents and employees access to said records at reasonable times.
14. Termination of Agreement: This agreement shall terminate on EXPIRATION DATE.
Termination prior thereto shall occur whenever funds cannot be obtained or cannot be continued at a
level sufficient to allow for the continuation of this agreement pursuant to the terms herein. In the
event that funds 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. The Grantor may terminate this agreement without cause upon giving written
notice of termination to Event Contractor. The Grantor shall not be obligated to pay for any services
or goods provided by Event 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, through
its officer, agent or representative, written notice at least seven (7) days prior to the effective date of
the termination. Notice is deemed received by Event Contractor when hand delivered, delivered by
national courier with proof of delivery, or by U.S. mail upon verified receipt or upon the date of refusal
or non-acceptance of delivery.
15. Public Entities Crimes: A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
Event Name:
Cultural Umbrella Funding FY 2024
Contract I D#:
3 1765
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.
16. Logo: Logo Usage guidelines are attached to this agreement as Exhibit "B". All
promotional literature and display advertising must display the "Florida Keys & Key West Come As
You Are" logo/trademark (as per attached logo sample — Exhibit B). This logo/trademark was
adopted by the TDC and County in April, 2010.
In-County Logo: The logo that includes the "Monroe County Tourist Development Council"
designation is to be utilized on in-county print newspaper and magazine ads, brochures, postcards,
pamphlets, programs, posters, banners (hanging and displayed outdoors) and digital advertising on
websites, website links, pre-roll video, banners, mobile and email blasts. Radio commercials should
include "Brought to you by The Monroe County Tourist Development Council". Electroinc Logos can
be downlaoded from Ihttp „llll r�, q.j tiilrn c rr ll o /.
Out-of-County Logo: The logo that does NOT include the "Monroe County Tourist Development
Council" designation is to be utilized in out-of-county newspapers and magazines, brochures,
postcards, pamphlets, programs, posters and digital advertising on websites, website links, pre-roll
video, social media promoted posts, banners, mobile and email blasts. Radio commercials should
include "Brought to you by The Monroe County Tourist Development Council". Electroinc Logos can
be downlaoded from Ihttp, llll - ; iilrn 11 cor7r11 � o /.
17. Permits: The Event Contractor will secure all required permits, licenses and shall pay
all appropriate business taxes.
18. Assignment: The Event Contractor shall not assign, transfer, convey, sublet or
otherwise dispose of this agreement, or of any or all of its right, title or interest therein, or his or its
power to execute such agreement to any person, company or corporation without prior written
consent of the County.
19. Modification: The event name, time & date of the event and Schedule of Activities may
be amended upon written approval of the Advisory Committee and TDC Director. Any changes to
said contract other than stated above require approval by the Advisory Committee, TDC and the
County.
20. Non Occurrence of Event: The Event Contractor shall give written notice to the TDC if it
is found necessary to cancel an event. The notice shall contain the reason for the cancellation. If the
event does not take place for any reason under control of Event Contractor, then Event Contractor
agrees to refund to the County any amounts already paid to them under this agreement and relieve
the County from any further payments.
21. Laws and Regulations: Any and all services, materials and equipment shall comply fully
with all Local, State and Federal laws and regulations.
Event Name:
Cultural Umbrella Funding FY 2024
Contract I D#:
4 1766
22. Taxes: The County and TDC are exempt from Federal Excise and State of Florida Sales
Tax, but this in no way exempts the Event Contractor from applicable Federal and State taxes.
23. Finance Charges: The County and TDC will not reimburse, pay or be responsible for
any finance charges.
24. Relation of County/TDC: It is the intent of the parties hereto that the Event Contractor
shall be legally considered as an independent contractor and that neither it nor its employees shall,
under any circumstances, be considered servants or agents of the County and TDC, and the County
and TDC shall at no time be legally responsible for any negligence on the part of said Event
Contractor, its employees or agents, resulting in either bodily or personal injury or property damage to
any individual, firm or corporation.
25. Disclosure: The Event Contractor shall be required to list any or all potential conflicts
of interest, as defined by Florida Statutes Chapter 112 and Monroe County Code. The Event
Contractor shall disclose to the County and TDC all actual or proposed conflicts of interest, financial
or otherwise, direct or indirect, involving any client's interest which may conflict with the interest of the
County and TDC.
26. Compliance with Laws - Nondiscrimination: County and Event Contractor agree that
there will be no discrimination against any person, and it is expressly understood that upon a
determination by 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
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 on the basis of race,
color or 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
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis
of disabilities; 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 and Treatment Act of 1972 (PL
92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and 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 alcohol and drug abuse patient records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC s. 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
maybe 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, national origin, ancestry, sexual orientation, gender identity or expression, familial status or
age; 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Agreement.
27. Security Protection: The Event Contractor agrees to provide adequate security for the
event. No TDC funds will be used for this purpose.
Event Name:
Cultural Umbrella Funding FY 2024
Contract I D#:
5 1767
28. Authority: 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 (if a corporation), 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 or
other appropriate authority.
29. Miscellaneous: As used herein, the terms "contract" and "agreement" shall be read
interchangeably.
30. Attestations: Event Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement.
31. 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.
32. 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 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
33. 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 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, 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 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 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.
Event Name:
Cultural Umbrella Funding FY 2024
Contract I D#:
6 1768
34. Entire Agreement: The parties agree that the agreement above constitutes the entire
agreement between the County and Event Contractor.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first
above written.
(SEAL) Board of County Commissioners
Attest: Kevin Madok, Clerk of Monroe County
As Deputy Clerk Mayor/Chairman
Organization Name
By
President
Print Name
Date:
AND TWO WITNESSES
(1) (2)
Print Name: Print Name:
Date: Date:
Event Name:
Cultural Umbrella Funding FY 2024
Contract I D#:
7 1769
EXHIBIT A
Acceptable Event Marketing Expenses for Cultural Events
Within the Cultural Umbrella events funding category, the allocation received by the Event Contractor
is to be spent on the list of items that have been approved. Only the TDC expenses listed below may
be included in the proposed 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, social media promoted posts, and email blasts. Digital
advertising links may go to the event website. The TDC Logo must be placed on all print, TV,
websites, social media promoted posts, pre-roll video, banners and email blasts. Radio advertising
does not require the logo but all radio announcements must say "Brought to you by the Monroe
County Tourist Development Council". No payment will be made for development or operations
(hosting) of websites. No more than 30% of the Media Placement and Production Costs line item
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 and shipping. This
is a direct mail promotional brochure, postcard or pamphlet utilized for pre-event advertising.
Programs/Play Bills: TDC will pay up to fifty percent (50%) of the cost of production and printing of
an event program/play bills 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 programs showing scheduled activities and information as outlined in the contract and
contract budget. TDC will 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
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
expenditures that highlight the special event versus the regular programming of a business,
organization or the facility.
Amendments to Contract Budgets: No amendments to the line item budget will be permitted after
the contract has been reviewed and approved.
Event Name:
Cultural Umbrella Funding FY 2024
Contract I D#:
8 1770
EXHIBIT B
Logo/Acknowledgement Usage Guidelines For Cultural 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"
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, 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". Electroinc Logos can be downloaded from
The
FloriddKeys
&Key est
come as you are
MONROE COUNTY TOURIST DEVELOPMENT 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 Monroe County Tourist Development Council". Electroinc Logos can be downloaded from
a iilrn II corn/Jl gg j
The
FloriddKeys
&Key est
o come ds you are
Event Name:
Cultural Umbrella Funding FY 2024
Contract I D#:
9 1771
EXHIBIT C
(SCHEDULE TO BE INSERTED)
Event Name:
Cultural Umbrella Funding FY 2024
Contract I D#:
10 1772
EXHIBIT D
CULTURAL UMBRELLA EVENT BUDGET - FISCAL YEAR 2024
III''°° III II IIL""' III S II S III III''° IIII t III III""' U III''°° III II C IIL h°°I III S IIIL::::: U III C IIL I.' L""' t III t IIL""' IIL II U IIY III'':: III IIY C
IIL'°° III: II Y S IIII°J II II C I ']Y S IIL II S IIL 4 IIL II
SIIIIII'':: III IIII IIII IIIIIIL:II UIIII:: UIIIII'° SIII UIIL:IIII
L IIII IIGIII IIII t IIG�i:� III IP40 IE OCCV°° IIL' IIII'°
IIII'°�EVENT NAME
*MEDIA PLACEMENT & PRODUCTION COST: $
inl 3(Ro of dlNs Ihine ov um may be spent our in c.ounty as veiibisln
PROMOTIONAL SIGNS: $
PROMOTIONAL ITEMS: $
DIRECT MAIL PROMOTIONS: $
PROGRAMS/PLAY BILLS: $
PUBLIC RELATIONS: $
"GENERAL NON-ALLOCATED: $
uaunds appIhed t: Aeda "Ilarc.eirne t« oa-9uarc.bion Cost may on�y
be aIDINlied to oUt of cmunty adveibslng)
TOTAL $
*No more than % of the Media Placement and Production Costs line item shall be expended on
advertising media costs attributable to in-county placement (see Exhibit A of Application).
"The General Non-Allocated line item should not exceed 1 % 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.
Event Name:
Cultural Umbrella Funding FY 2024
Contract I D#:
11 1773