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FY2012 1st Amendment 06/20/2012AMENDMENT (1st AMENDMENT) TO AGREEMENT THIS AMENDMENT to agreement dated the Z " Jay of 2012, is entered into by and between the Board of County Commissioners for Monroe o ty, on behalf of the Tourist Development Council, and Florida Keys Community Concert Band, Inc. ("Event Sponsor') WHEREAS, there was an agreement entered into on October 19, 2011 between the parties, awarding $15,598 to Florida Keys Community Concert Band, Inc. for the Pops In The Park between November 2011 and April, 2012; and WHEREAS, it has become necessary to revise Exhibit C of the agreement due to the postponement of the April, 2012 concert due to bad weather, and the fact that this was an outdoor concert, and 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 be revised to read as follows: 1. Amount: County shall pay a sum not to exceed $15,598 (Fifteen Thousand, Five Hundred and Ninety Eight Dollars) effective October 1, 2011 for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit "D ", for production of the Pops In The Park between November, 2011 and May, 2012. Of this amount, no more than 30% or $4,289 shall be expended on advertising media costs attributable to in- county placement. No amendments shall be made to Exhibit "D" after approval of contract Payment will be made only after Event Sponsor submits invoices and support documentation acceptable to the County's Finance Department. 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 County. 2. Exhibit C shall be revised and attached hereto. 3. In all other respects, the remaining provisions of the agreement dated October 19, 2012 shall remain in full force and effect. Amendment #1 Pops In The Park ID# 911 IN WITNESS WHEREOF, (SEAL) Attest Danny L Kolhage, Clerk Deputy Clerk (CORPORATE SEAL) Attest B Y . Secretary Print Name Date: OR TWO WITNESSES (�) e Print Name Date: the patties have set their hands and seal on the day and year first Board of County Commissioners of Monroe County MayodC omen Florida Keys Community Concert Band, Inc. 4 1/ M-yx *a"., r By Presides Print Name Date: 5 -- 9- 1 Z- (2 C /t'v,G, I, t, (2) - xAm C nth C" L �; Print Name Date: ba 1 ) , - L0 \ I N - r-0 r� O O � Cn MONROE COUNTY ATTO NEY A NOD WT I CYNTHIA L. KALL ASSISTANT COUNTY, ATT(RNEY Date r- �F - &- I Pops In The Pant M# 911 REVISED MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA SCHEDULE OF ACTIVITIES FISCAL YEAR 2012 EVENT NAME: POPS IN THE PARK: List scheduled event activities in Monroe County in date order'' Activity Concert Concert C oncert Concert Concert C oncert Concert EXHIBIT C Month Event Occurs Num ber of Days Nov, 2011 1 Dec., 2011 1 Jan. 2012 1 Feb., 2012 1 March, 2012 1 March, 2012 1 May, 2012 1 "If part of your funding request for this fiscal year is to promote event activities taking place in the next fiscal year (pre - promotion), then the following rules will apply: 1. Pre - promotion is only allowed for an event taking place during the months of October and November. If your event takes place after that you must apply for funding in the next fiscal year. 2. All pre - promotion funding MUST be spent prior to September 3U' of the fiscal year you are funded in. (For example: If pre - promotion is for a November 7 event, you must place that ad and spend the money prior to September 30"'.