1st Amendment 04/16/2014 !' . ' . ! AMY HEAVILIN, CPA
, CLERK OF CIRCUIT COURT & COMPTROLLER
�A MONNOE Courrn; FLORIDA
j
DATE: April 22, 2014
TO: Lynda Stuart, Office Manager
Tourist Development Council
ATTN: Maxine Pacini
Administrative Assistant
FROM: Villa Fernandez, D.C.
At the April 16, 2014, Board of County Commissioner's meeting the Board granted approval and authorized
execution of the following items:
Item D1 Board granted approval of an Amendment to Agreement with Institute Patriotico Y Docente San Carlos, Inc. (San
Carlos Patriotic and Educational Institute, Inc.)to extend the termination date of the agreement to April 30, 2014 to allow
time for submission of invoices for work completed for the Minor Repairs and Upgrades project
Item D2 Board granted approval of an Amendment to Destination Agreement with Lazy Lakes, LLC covering Keystock Music
Festival to revise date of event from March 2014 to May 2014.
Item D4 Board granted approval of an Amendment to Agreement with the Lower Keys Chamber of Commerce, Inc. for the
Big Pine& Lower Keys Island Art Festival for the revision of Exhibit C—Schedule of Activities to allow for change for the
timing of the event.
Jitem D5 Board granted approval to exercise option within original Agreement with Tinsley Advertising& Marketing, Inc. to
extend agreement for an additional two year period to September 30, 2016; provide for a revision under the section
referring to Key Personnel;provide for new public records language.
Item D6 Board granted approval of a Destination event funding Agreement with Upper Keys Community Pool, Inc. covering
Orange Bowl Swim Classic and Winter Training in December 2014 through January 2015 in an amount not to exceed
$35,000, DAC V, FY 2014 Event Resources.
Item D7 Board granted approval of an Agreement with Florida Keys Wild Bird Rehabilitation Center, Inc. to cover
the Wild Bird Rehabilitation & Education Center Property Purchase in an amount not to exceed $265,000 (DAC V =
$160,000 and DAC IV=$105,000), FY 2014 Capital Resources
Attached is a duplicate original of the above mentioned for your handling Should you have any questions,please feel free to
contact our office Thank you
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
•
AMENDMENT (1st AMENDMENT) TO AGREEMENT
u
THIS AMENDMENT to agreement dated the �G day of n / 2014, is entered into by
and between the Board of County Commissioners for Monroe ounty, a political subdivision of
the state of Florida (County), on behalf of the Tourist Development Council, and Tinsley
Advertising and Marketing, Inc. hereinafter referred to as "Firm".
WHEREAS, there was an agreement entered into on September 21, 2011 between the
parties, for Firm to provide advertising services which promote tourism; and
WHEREAS, the original agreement with Firm provides an option to extend the
agreement under the same terms, upon 90 days prior written notice of the contract extension to
Firm, and subject to negotiation of the monetary terms listed under Compensation (Paragraph
3.D.2.) by the TDC and approval by the BOCC; and
WHEREAS, the parties desire to exercise option to extend agreement for an additional
two year period under the same terms with no increase in monetary terms listed under
Compensation in Paragraph 3.D.2.; and
WHEREAS, under Scope of Services in paragraph 2.A Key Personnel, it states that any
change in personnel shall be sent to the TDC and County, and
WHEREAS, it has become necessary to revise names of Key Personnel outlined in
paragraph 2.A,
WHEREAS, pursuant to F.S. 119.071, new public records language is now required and
added in compliance with the statute;
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: Term: The agreement shall expire on
September 30, 2016.
2. Paragraph 2.A. shall read: Key Personnel: This contract is a professional service
contract with expectation that principal personnel performing the services are those personnel
listed. Notice of any change in personnel shall be sent to the TDC and County. The principals
assigned are the following:
1) Sandy Tinsley, Chief Executive Officer
2) John Underwood, Chief Marketing Officer
MINIMUM STAFF PERSONNEL ASSIGNED:
1) Account Management Supervisor; approved by the Chairperson of the
TDC and Marketing Director
Amendment#1
Tinsley Advertising and Marketing,Inc.
Contract#: 942
2) Account Supervisor; Account Executive; and additional staff within the
normal services will be assigned as required.
3. Paragraph 4 under Records —Access and Audits shall be amended to add: Pursuant to F.S.
119.0701, Contractor and its subcontractors shall comply with all public records laws of the
State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
Monroe County in order to perform the service.
(b) Provide the public with access to public records on the terms and conditions that Monroe
County would provide the records and at a cost that does not exceed the cost provided in
Florida Statutes, Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe
County all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to Monroe
County in a format that is compatible with the information technology systems of Monroe
County.
4. The remaining provisions of the contract dated September 21, 2011 remain in full force
and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year
first above written.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Amendment#I
Tinsley Advertising and Marketing,Inc.
Contract#: 942
: S •
e't ^) Board of County Commissioners
r., Heavilin, Clerk of Monroe County
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�„• Clerk `� AAayor/Chairman
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(CORPORATE SEAL) Tinsley Advertising and Marketing, Inc.
Attest
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Secretary
Print Name Print Name
AND TWO WITNESSES ?Ley� `
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° N =W MONROE COUNTY ATTORNEY
o a .J,�o /y APPROVEDra , AS TO FORM:
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Date Ql+MA/EN-
Amendment 91
Tinley Advertising and Mmbdag,Inc.
Contract 9: 942