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FY2011 to FY2016 1st Amendment 05/21/2014AMY NEAVILIN, CPA CLERK OF CIRCUIT COURT &COMPTROLLER rorROE caam, w.oxon DATE: June 4, 2014 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN: Maxine Pacini Administrative Assistant FROM: Lindsey Ballard, D. C. VV At the May 21, 2014, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following items: Item D 1 Amendment to Agreement with the Islamorada Chamber of Commerce, Inc. to exercise option to extend agreement for two (2) additional years to September 30, 2016 with a five (5) percent increase in compensation for Visitor Information Services ( "VIS "), and revised public records language. Item D2 Amendment to agreement with the Key Largo Chamber of Commerce, Inc. to exercise option to extend agreement for two (2) additional years to September 30, 2016 with a five (5) percent increase in compensation for Visitor Information Services ( "VIS "), and revised public records language. Item D3 Amendment to agreement with the Lower Keys Chamber of Commerce, Inc. to exercise option to extend agreement for two (2) additional years to September 30, 2016 with a five (5) percent increase in compensation for Visitor Information Services ( "VIS "), and revised public records language. Item D4 Amendment to agreement with the Greater Marathon Chamber of Commerce, Inc. to exercise option to extend agreement for two (2) additional years to September 30, 2016 with a five (5) percent increase in compensation for Visitor Information Services ( "VIS "), and revised public records language. Item D5 Amendment to agreement with the Greater Key West Chamber of Commerce, Inc. to exercise option to extend agreement for two (2) additional years to September 30, 2016 with a five (5) percent increase in compensation for Visitor Information Services ( "VIS "), and revised public records language. Item D6 Amendment to Agreement with the City of Key West for the Rest Beach Renourishment project (in an amount not to exceed $245,000), to extend termination date to September 30, 2015. Item D7 Amendment to Agreement with the City of Key West for the Rest Beach Renourishment project (in an amount not to exceed $207,000), to extend termination date to September 30, 2015. 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 Item D8 Agreement with The Key West Harry S. Truman Foundation, Inc. to cover the Truman Little White House Kitchen Restoration, Lawn Lighting, Paving project in an amount not to exceed $19,500, DAC I, FY 2014 Capital Resources. Item D9 Agreement with The Florida Keys History of Diving Museum, Inc. to cover the Dive Museum Exhibit Enhancement project in an amount not to exceed $37,603, DAC IV, FY 2014 Capital Resources. Item DIO Agreement with Key West Art and Historical Society, Inc. to cover the Custom House Fire Protection Improvements Project in an amount not to exceed $20,912, DAC 1, FY 2014 Capital Resources. Item DI I Agreement with City of Marathon to cover the Sombrero Beach Park: Replace Sand in Volleyball courts & Landscaping Improvements project in an amount not to exceed $25,000, DAC I1I, FY 2014 Capital Resources. Item D12 Agreement with City of Marathon to cover the Marathon Oceanfront Park Phase 4: Road Paving, Safety Elements & Commercial Fishing Monument project in an amount not to exceed $150,000, DAC I11, FY 2014 Capital Resources. Item D13 Agreement with Key West Art and Historical Society, Inc. to cover the Custom House Major & Minor Electrical Repairs project in an amount not to exceed $21,011, DAC I, FY 2014 Capital Resources. Item D14 Agreement with Key West Botanical Garden Society, Inc. to cover the Key West Botanical Garden Security and Accessibility, Phase 3 project in an amount not to exceed $24,900, DAC 1, FY 2014 Capital Resources. Item D15 Amendment to Agreement with Smith Travel Research, Inc. to provide for additional Public Records language as required by Florida Statute 119.0701. Item D16 Agreement with Dolphin Research Center, Inc. to cover the Replace Ice Machine project in an amount not to exceed $4,500, DAC I11, FY 2014 Capital Resources. Item D17 Agreement with Dolphin Research Center, Inc. to cover the DRC Construct Dolphin & Sea Lion Shade structures project in an amount not to exceed $40,000, DAC III, FY 2014 Capital Resources. Item D18 Agreement with Dolphin Research Center, Inc. to cover the DRC Install W Sanitizer in Sprayground project in an amount not to exceed $10,000, DAC III, FY 2014 Capital Resources. Item D19 Agreement with The Studios of Key West, Inc. to cover the Scottish Rite Masonic Center Elevator, Wiring, Stairway Renovation project in an amount not to exceed $151,000, DAC I, FY 2014 Capital Resources. Item D20 Agreement with The Coral Restoration Foundation, Inc. to cover the Coral Reef Restoration — Marathon, Islamorada and Key Largo Waters in an amount not to exceed $115,276 (DAC III - $25,450, DAC IV _ $30,013, DAC V = $59,813), FY 2014 Capital Resources. 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 Item D21 Rescind the fishing agreement with Charlie's Coconuts, LLC, for the Coconuts Dolphin Tournament due to the event Contractor cancelling the event. Item D22 One (1) "At Large" appointment to the Tourist Development Council District II Advisory Committee. 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 THIS AMENDMENT to agreement dated the 2/ day of 2014, is entered into by and between the Board of County Commissioners for Monroe C nty, a political subdivision of the state of Florida (County), on behalf of the Tourist Development Council, and The Greater Key West Chamber of Commerce, Inc. hereinafter referred to as "Provider". WHEREAS, there was an agreement entered into on June 15, 2011 between the parties, for Provider to provide Visitor Information Services ( "VIS ") to answer potential visitor inquiries and to promote tourism; and WHEREAS, the original agreement with Provider provides an option to extend the agreement under the same terms and conditions for an additional term of two years by agreement of the parties with a five percent (5 %) increase in compensation; and WHEREAS, the parties desire to exercise option to extend agreement for an additional two year period under the same terms and conditions with a five percent (5 %) increase in compensation; and 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 3.a. under COMPENSATION shall read: The County shall pay to the Provider for services rendered the amount of $333,760.35 (Three hundred and thirty three thousand, seven hundred and sixty dollars and thirty five cents) per year. Amount shall be paid in eleven (11) monthly payments of $27,813.36 (Twenty Seven Thousand, Eight hundred and thirteen dollars and thirty six cents), and one (1) payment of $27,813.39 (Twenty Seven Thousand, Eight hundred and thirteen dollars and thirty nine cents) pursuant to the Florida Local Government Prompt Payment Act upon receipt of a proper invoice. The payment shall occur after TDC's administrative office verifies and certifies that the requirements and data as set forth within the agreement entered into by and between Provider and the County have been fully performed. Payment under this agreement is contingent upon annual appropriation by the County. 3. Paragraph 6 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. Amendment #I The Greater Key West Chamber of Commerce, Inc. Contract #: 866 (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 Ronda 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 June 15, 2011 remain in full force and effect. WHEREOF, the parties have set their hands and seal on the day and year «• - -•- (11 �-� I ;e wzoe-') The Greater Key Wed Chamber of Commeroe, Inc. By zu %ee klent - woo Print Name z C'4 M r- C— rn AND TWO WITNES ^ � cry -r o a 4,1-4 Aot,4 3%. r • Print Name ) Print Name (1� a2 a al / �' (2) 4c� Date to MONROE COUNTY ATTORNEY Ameadmeat e1 APPROVED AS TO FORM: The Qum Key west timber of CommwM Inc. CHRISTINE M. uMSEFiT- sARROW8 ASSISTANT COUNTY ATTORNEY Date Q 19f I'