FY2010-2013 1st Amendment 03/21/2012 DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: March 29, 2012
TO: Lynda Stuart, Office Manager
Tourist Development Council
ATTN: Maxine Pacini
Administrative Assistant
FROM: Pamela G. Han.. 1 D. C.
At the March 21, 2012, Board of County Commissioners meeting, the Board granted
approval and authorized execution of the following:
Item D1 Amendment to Agreement with Marine Mammal Conservancy, Inc. for the
Marine Mammal Conservancy Phase I project to extend completion date to June 30, 2012, and to
revise Exhibit A - Segment 3.
Item D3 Amendment to Agreement with FloridaKeys.com to allow for the addition of a
compensation of special projects in an amount not to exceed $175,000.
Item D4 Ageement with Matecumbe Historical Trust Corporation in an amount not to
exceed $378,297 for the Irving R. Eyster Museum of the Florida Keys History, DAC IV, FY
2012 Capital Resources.
Attached are electronic copies of each of the above - mentioned for your handling. Should
you have any questions, please feel free to contact me.
cc: County Attorney w/o documents
Finance
File
v . AMENDMENT (1st AMENDMENT) TO AGREEMENT
THIS AMENDMENT to agreement dated the I day of 1 2012, is entered into by and
between the Board of County Commissioners for Monroe County, on behalf of the Tourist Development
Council, and Floridakeys.com, operating under the laws of the state of Florida (Firm).
WHEREAS, there was an agreement entered into on September 15, 2010 between the parties
for Firm to provide website services which promote tourism, and
WHEREAS, it has become necessary to revise the compensation for the agreement;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties
agree to the amended agreement as follows:
1. Paragraph 4. a) of the agreement shall be revised to read as follows:
COMPENSATION:
a) The Firm shall provide all services and support as listed in the Scope of Services at no
charge to County or TDC in exchange for the exclusive right to retain all advertising revenues generated
from the website. The TDC shall have the right to place sponsorship, partnership, and TDC logo
signature(s) on the site. The logo signature(s) will be in a mutually agreed upon format and location and
will be at no cost to the TDC.
In addition to the compensation for bandwidth service outlined in paragraph (b), below,
the Firm may also charge the County for special projects, approved by the TDC or Director,
outside the scope of services such as new site enhancements which require the Firm to pay for
technology, equipment, production and maintenance costs, including but not limited to, webcam
placement and other enhancements. These special projects shall be paid for through purchase
order procedures in amounts the total of which shall not to exceed $175,000 per year.
b) Bandwidth Service — Firm will be paid on an annual basis, a fee for the service providing
electronic brochures and downloading of videos from the website. These downloads are expected to
average over 10,000 gigabytes of bandwidth transfer per year with great spike fluctuations occurring
with certain events or news. Firm shall have enough bandwidth capacity to handle this average load in
addition to having immediate access to additional bandwidth capacity as such peak times or events
dictate. The annual cost for this service will be $35,000 which shall be paid in eleven (11) monthly
payments of $2,916 and one (1) payment of $2,924. Upon approval to exercise an option to extend this
contract for an additional two (2) year period, the annual cost of service may be adjusted. Monroe
County's performance and obligation to pay under this Contract is contingent upon an annual
appropriation by the BOCC.
c) Advertising sales guidelines are established within Exhibit A.
2. The changes set forth in paragraph (1) above shall be effective retroactively as of October
1, 2011.
3. The remaining provisions of the agreement dated September 15, 2010 remain in full force
and effect.
Amendment #1
Floridakeys.com
ID# 785
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first
(SEA) Board of County Commissioners
At - .'K 1hage, Clerk of Monroe County
Deputy Clerk Mayor /C
(CORPORATE SEAL) Floridakeys.com
Attest ° -n
By N n
Secretary dent r cn
T( 41 - )1(4 s Ir Coo
Print Name Print Name
Date: Date: ( / Z ° ( Z
OR TWO WITNESSES
( (2)
(1) (2)
Print Name Print Name
Date: Date:
MON OE COUNT ATTORNEY
A ROV • DAS ,OO �f
• l
ASSISTANT COUNTY ATTORNEY
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Amendment #1
Floridakeys.com
ID# 785