2nd Amendment 05/21/2014AMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
M ROE COUNTY, PLO W
DATE: June 4, 2014
TO: Lynda Stuart, Office Manager
Tourist Development Council
ATTN: Maxine Pacini
Administrative Assistant
FROM: Lindsey Ballard, D.C. ` V
At the May 21, 2014, Board of County Commissioner's meeting the Board granted approval and authorized
execution of the following items:
Item Dl 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
3117Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027Fox. 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 1,
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 D10 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 I, 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 III, FY 2014 Capital
Resources.
Item D 12 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 III, 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 I, 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 III, 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 UV 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
NDMENT (2nd AMENDMENT) TO AGRE
*'THIS AMENDMENT to agreement dated thday of is entered into by and
between the Board of County Commissioners for Monroe CounAL2014,
CC" or "County"), on behalf of
the Tourist Development Council, and SMITH TRAVEL RESEARCH, INC. ("STR")
WHEREAS, there was an agreement entered into on January 1, 2011 between the parties for
destination reports for a 36 month period; and
WHEREAS, the agreement was amended on February 19, 2014 to correct a scriveners error in
which the initial 36-month period had an incorrect expiration date that was corrected to December 31,
2015; and
WHEREAS, the County Attorney has requested that paragraph 15 of the agreement be
amended to include additional Florida Public Records language;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties
agree to amend the agreement as follows:
1. Paragraph 15 shall read: DOCUMENTATION PERTAINING TO AGREEMENT: STR shall
maintain all books, records and documents directly pertinent to this Agreement in accordance with
generally accepted accounting principles consistently applied. In the event of a dispute, claim or
litigation between the Parties, each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement in
accordance with the provisions of Chapter 119, Florida Statutes, during the term of the Agreement
and for four years following the termination of this Agreement.
Pursuant to Florida Statute §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 the performance of this Agreement.
(b) Provide the public with access to public records on the same 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
this Agreement 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.
The County shall have the right to unilaterally cancel this Agreement upon violation of
this provision by Contractor.
If an auditor employed by the County or Clerk determines that monies paid to STR pursuant to this
Agreement were spent for purposed that are unrelated to the normal operating expenses of STR or
that are not otherwise authorized by this Agreement, and in particular if the Clerk should determine
Smith Travel Research
ID#: 845
thaf,'the money has been spent for any unlawful purpose, STR shall repay the monies together with
interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to STR.
2. The remaining provisions of the agreement dated January 1, 2011 and amended February 19,
2014 remain in full force and effect.
WHEREOF, the parties have set their hands and seal on the day and year first above
, Clerk
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(CORPORATE SEAL)
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