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FY2013 1st Amendment 01/16/2013 AMY HEA VILIN CLERK OF THE CIRCUIT COURT DATE: January 25, 2013 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN: Maxine Pacini Administrative Assistant F R O M : Pamela G. Hanco . C At the January 16, 2013, Board of County Commissioners meeting, the Board granted approval and authorized execution of the following "D Items ": 1. Approval of an Agreement with Mel Fisher Days in July, 2013 in an amount not to exceed $10,000, DAC I, FY 2013 Event Resources. 3. Approval of an Agreement with Petronia St. Neighborhood Association, Inc. covering Goombay in October, 2013, in an amount not to exceed $25,000, DAC I, FY 2013 Event Resources. 5. Approval of an Amendment to Agreement with Florida Keys Art Guild, Inc. covering the Florida Keys Art Guild Festivals to revise schedule of activities and funding allocation. The electronic copies are attached. cc: County Attorney Finance File AMENDMENT (1st AMENDMENT) TO AGREEMENT THIS AMENDMENT to agreement dated the — day of wit • 2013, is entered into by and between the Board of County Commissioners for Monro County, on behalf of the Tourist Development Council, and Florida Keys Art Guild, Inc. organized and operating under the laws of the state of Florida (Grantee). WHEREAS, there was an agreement entered into on October 17, 2012 between the parties, awarding $16,500 to Florida Keys Art Guild, Inc. for Florida Keys Art Guild Festivals between November, 2012 and April 2013; and WHEREAS, it has become necessary to revise Exhibit C – Schedule of Activities due to cancellation of proposed November 2012 and December 2012 events; and WHEREAS, due to the cancellation of the proposed events the Monroe County Tourist Development Council Cultural Umbrella recommends a reduction to the funding allocation TDC District I from $1,200 to $0 as they have no events within that district, and TDC District III from $4,420 to $3,220 as they reduced the number of activities within that district; 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 $14,100 (Fourteen Thousand and One Hundred Dollars – TDC District III = $3,220, District IV = $5,440, District V = $5,440 Funding Allocation) effective October 1, 2012 for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit "D" (revised and attached hereto), for production of the Florida Keys Art Guild Festivals between February, 2013 and April, 2013. Of this amount, no more than 30% or $4,230 shall be expended on advertising media costs attributable to in- county placement. No amendments shall be made to Exhibit "D" after approval of contract amendment (Exhibit D is revised and attached hereto). 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 of the agreement shall be revised and attached hereto. 3. In all other respects, the remaining provisions of the agreement dated October 17, 2012 shall remain in full force and effect. Amendment #I Florida Keys Art Guild Festivals ID #: 1097 IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) Attest: Amy Heavilin, Clerk Deputy Clerk (CORPORATE SEAL) Ate By. Secretary Print Name Date: Board of County Commissioners of Monroe County Mayor /Chairman Florida Keys Art Guild, Inc. OR TWO WITNESSES (Only required if the President of the organisation does NOT sign) ( ( Print Name Date: (2) ( Print Name Date: MON )POE COUNTY ATTORNEY A� PRO D.AS TO F T {{ Q F FNEY Date 1 aCO� �D Amendment #1 Florida Keys Art Guild Festivals DA 1097 Print Name Date: l 2 ,a N O �. CJ1 eJ c� N o OR TWO WITNESSES (Only required if the President of the organisation does NOT sign) ( ( Print Name Date: (2) ( Print Name Date: MON )POE COUNTY ATTORNEY A� PRO D.AS TO F T {{ Q F FNEY Date 1 aCO� �D Amendment #1 Florida Keys Art Guild Festivals DA 1097 Print Name Date: l 2 EXHIBIT C REVISED MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA SCHEDULE OF ACTIVITIES Event Name: Florida Keys Art Guild February 2013 Two (2) days of Art Festival activities in Islamorada Three (3) days of Art Festival activities in Key Largo March 2013 Four (4) days of Art Festival activities in Islamorada (on two (2) separate weekends) Two (2) days of Art Festival activities in Marathon REVISED EXHIBIT D MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA EVENT BUDGET BUDGET BREAKDOWN line items listed below must be approved by the appropriate agency of record There will be no amendments to this budget (Exhibit D) after BOCC approval of Agreement FISCAL YEAR 2013 EVENT NAME: Florida Kevs Art Guild MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines, TV, websitelinternet advertising only $14,100 PROMOTIONAL SIGNS: posters /banners 0 PROMOTIONAL ITEMS: t- shirts, hats, jackets, koozie cups 0 DIRECT MAIL PROMOTIONS: brochures /pamphlets/ postage & shipping 0 PROGRAMS: 0 PUBLIC RELATIONS 0 'GENERAL NON - ALLOCATED 0 TOTAL: $14,100 TDC will only consider reimbursement of advertising and promotional materials that highlight the event versus the regular programming of an organization or facility -See Exhibit A Event producers are required to spend NO more than 30% of funds on advertising IN Monroe County In -house marketing is not a permissible expenditure `GENERAL NON ALLOCATED MAY NOT EXCEED 15% OF THE ABOVE BUDGET. AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TDC ITEMS. ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED LINE ITEMS NOTED ABOVE.