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1st Amendment 4/20/2016 AMY HEAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER K..,., MONROE COUNTY,FLORIDA DATE: May 20, 2016 TO: Maxine Pacini, Office Manager Tourist Development Council ATTN: Amy Machan Administrative Assistant FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller eft, At the April 20, 2016 Board of County Commissioner's meeting the Board granted approval and authorized execution of the following items: Item DI Approval of an Amendment to Agreement with the Dolphin Research Center, Inc. To extend the termination date for the DRC Construct Welcome Building Project Item-D2 - - Approval of an Amendment to Agreement with the Dolphin Research Center, Inc to extend the termination date for the DRC Construct Animal Care and Training Building Project Item D7 Approval of amendment to contract with 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys for the provision of services for operating an executive office for tourism promotion by Monroe County Code Section 2-299 (D)(E) to exercise option to extend for five additional years. CC—County Attorney (Electronic Copy) Finance (Electronic Copy) File (Electronic Copy) 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fox:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fox:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 Y a �! • AMENDMENT (1st AMENDMENT) TO AGREEMENT THIS AMENDMENT agreement h f r' 1 2016, i n r in S to dated t �( v day of � s entered ed to by and between the Board of County Commissioners for Monroe County, a political subdivision of the state of Florida (County), and the 3406 North Roosevelt Boulevard Corporation d /b /a Visit Florida Keys (Provider), a corporation incorporated in the State of Florida. WHEREAS, there was an agreement entered into on June 15 2011 between the parties, for Provider to operate an executive office for tourism promotion by Monroe County Code Sections 23 -199 (b); and WHEREAS, the original agreement with Provider provides an option to extend the agreement for an additional five (5) year period beyond the initial award period, upon Agreement of both parties. WHEREAS, the parties desire to exercise option to extend agreement for an additional five (5) year period under the same conditions; and WHEREAS, pursuant to F.S. 119.0701, 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: Contract Period: The agreement shall expire on September 30, 2021. 2. 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 agreement or upon termination of the 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. Amendment #1 3406 N. Roosevelt Blvd Contract #: 871 t , J 3. The remaining provisions of the agreement dated June 15, 2011 remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year f • -, written. r-, i Board of County • m �,'ssioners ....14‘10 0 4_ - v i l i n, Clerk of Monroe Co .ids, , -Fiv 1„, _ ,__,L„, „ ,.., / ' 11 ' ,"`•• S�d o il May. r /Ch - an o all C nt m 3406 North Roosevelt Boulevard Corporation " . /......) - o ma c: ,� By tv President C) 1 -� Print Name AND TWO WITNESSES (1) o(c...\--i-...vv, (1) Lzk rq H M ►'�' (2) CA . Print Name Print Name ( 3 - / / ( 3 / 02,1 /& , Date Date MONROE COUNTY ATTORNEY APPR VEDAS TO FORM: _ CHRISTLIE M. LIMBERT- BARROWS ASSISTANT _ COUNTY ATTOF1NEY Date ____ o Amendment #1 3406 N. Roosevelt Blvd Contract #: 871