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FY2011 1st Amendment 09/21/2011 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: September 26, 2011 TO: Lynda Stuart, Office Manager (via e-mail) Tourist Development Council ATTN: Maxine Pacini Administrative Assistant FROM: Pamela G. HancocL .C. At the Septemer 21, 2011, Board of County Commissioners meeting, the Board granted approval and authorized execution of the following: Item D2 Agreement with Tinsley Advertising & Marketing, Inc. to provide advertising services which promote tourism. Item D4 Amendment to Agreement with Key West Film Society, Inc. for the Tropic Cinema Phase Six: Renovations and Upgrades project to revise Exhibit A. Item D5 Amendment to extend Agreement with The City of Marathon for beach cleaning and maintenance services at Sombrero and Coco Plum Beach to December 31, 2011. Attached is the electronic copy of each of the above - mentioned for your handling. Should you have any questions, please feel free to contact me. cc: County Attorney Finance File THIS AMENDMENT to agreement dated the day of -XId. 2011 is entered into by and between the Board of County Commissioners for Monroe County, a political subdivision of the State of Florida (County or Grantor), on behalf of the Tourist Development Council, and City of Marathon, hereinafter referred to as Grantee. WHEREAS, there was an agreement entered into on October 20, 2010 between the parties, whereby the Grantee would provide beach cleaning and maintenance services at Sombrero and Coco Plum beach in return for funds provided by the County (Agreement); and WHEREAS, it is necessary and desirable to extend the Agreement for above mentioned services for a period of three (3) months in order to continue services until the Grantee can ascertain costs to provide services from a bid process, and apply to the TDC for funds through a Request for Proposal process, and WHEREAS, the parties therefore desire to extend the Agreement by a period of three months, with a proportionate increase in price, in order to accomplish this purpose; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Paragraph 1 of the agreement shall read: GRANT AGREEMENT PERIOD This Agreement is for the period of October 1, 2010 through to December 31, 2011. 2. Paragraph 3 of the agreement shall Grantor shall provide an amount not to e 2011 funds, to pay for cleaning and mair paid in four installments of $22,625 (Twee on a quarterly basis, in arrears, and shall 30, 2011, inclusive. In addition, the Grant Two Thousand Six Hundred and Twent covering the time period October 1, 2011 made directly to the Grantee. ReimbursE materials and services relating to exhibit from Grantor. The Grantee shall, commen day of each quarter to the Grantor's adm documentation showina the work which v read: AMOUNT OF AGREEMENT AND PAYMENT The (deed $90,500 effective October 1, 2010 from fiscal year tenance as described in Exhibit A. This amount shall be qty Two Thousand, Six Hundred and Twenty Five Dollars) ;over the time period October 1, 2010 through September )r shall provide an amount not to exceed $22,625 (Twenty - ( -Five Dollars), in arrears, from fiscal year 2012 funds, through December 31, 2011, inclusive. Payment will be ment request must show that Grantee has paid in full for A prior to seeking the 50% (fifty percent) reimbursement ;ing October 1, 2010, provide a quarterly invoice on the 1St nistrative office for the Tourist Development Council, with as performed during the nrecedina quarter_ and navment shall be made in accordance with the Florida Local Government Prompt Payment Act. Grantee shall submit original copy of paid invoice, copy of cleared check paying for services, and a signed letter stating that the contractor has complied with the scope of services as outlined in paragraph 2 of this agreement. Documentation shall include a notarized statement signed by the project manager as to the completion of the services for which Grantee is invoicing the County. No payment shall be made for any work performed in fiscal year 2011 unless all documentation and invoices have been received prior to the close of the fiscal year, on September 30, 2011. No payment shall be made for any work performed in the first quarter of fiscal year 2012, unless all documentation and invoices for that quarter have been received on or before December 31, 2011. Amendment #1 City of Marathon: Beach Cleaning and Maintenance Contract #: 791 Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the BOCC. 2 The remaining provisions of the Agreement dated October 20, 2010 remain in full force and WHEREOF, the parties hereto have caused this Agreement to be executed the ve written. Board of County Commissioners Kolhage, Clerk of Monroe County Deputy Clerk Mayor/ hai (CORPORATE SEAL) Attest: B t City C erk a re Cla vic r Print Name Date: (_ k��,l�. I l7, a0 l OR TWO WITNESSES (1) (1) Print Name Date: City of Marathon By Mayor mulv r sneod Print A ame Date: ( Print Name Date: C/) n r� - v N rn q � C7 0 w o MON OE COUNTY ATTORNEY A OVE AS TO FO ASSISTANT COUNTY ATTOR EY Date _.___ as - D Amendment #1 City of Marathon: Beach Cleaning and Maintenance Contract #: 791