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1st Amendment 07/20/2016AMY HEMILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNW,FLORIDA lu DATE: September 9, 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 ( At the July 20, 2016 Board of County Commissioner's meeting the Board granted approval and authorized execution of Item E1 Approval of an Amendment to Agreement with the Key West Botanical Garden Society, Inc. To revise Exhibit A outlining scope of service for the Botanical Garden Signage, Playground and Demonstration Garden Project. 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 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 Hat AMENDMENTI TO AGREEMENT I This amendment to agreement (agreement) is entered into this day of 2016 by and between MONROE COUNTY, a political subdivision of the State of Florida (County or Grantor) and Key West Botanical Garden Society, Inc. a not for profit organized and operating under the laws of the state of Florida (Grantee). WHEREAS, there was an agreement entered into on April 15, 2015 between the parties, awarding $18,250 to Grantee for the Botanical Garden Signage, Playground and Demonstration Garden Project; and WHEREAS, it has become necessary to revise Exhibit A outlining Scope of Service, and NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Exhibit A of the agreement shall be revised and attached hereto. 2. Paragraph 3 of this agreement shall be revised to read as follows: The Grantor shall provide an amount not to exceed $13,250 (Thirteen Thousand Two Hundred and Fifty - TDC District I funding) (19% of the total cost of this project, not to exceed $5,050 shall be used for in -kind) for materials and services used to improve the property. Reimbursement request must show that Grantee has paid in full for materials and services relating to the segment prior to seeking the 50% (fifty percent) reimbursement from Grantor. Payment shall be 50% (fifty percent) reimbursement of the total cost of the segment, subject to the cap on expenditures for that segment as set forth in Exhibit A. Reimbursement can be sought after each segment of the agreement is completed and signed by the Monroe County Engineering Department as outlined in 3.a. The Board of County Commissioners and the Tourist Development Council assume no liability to fund this agreement for an amount in excess of this award. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the BOCC. 3. The remaining provisions of the agreement dated April 15, 2015 shall remain in full force and effect. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Amendment # 1 Key West Botanical Garden Society, Inc. — Botanical Garden Signage, Playground and Demonstration Garden Project ID# 1498 IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. Board of County Commissioners Heavilin, Clerk of MonnDe County oher/d4 �j Clerk 9-q,10 MayoMhaWwn West Botanical Garden Society, Inc. By Prosident 1� Print Name AND TWO WITNESSES Print Name / Date: L01 i q (2) ., ZZ4 u (2)�*rA uF2S Print Name Date: 4 MONROE COUNTY ATTORNEY �APPROV�D AS TO FORM: uHRISTINM T-BARB ASSISTANT COUNTY ATTORNEY Gate -n r- - a C- _ .-:-D N tJ'1 Ameodroad #1 Key West BftnkW Gorden Society, Inc. — BobnkW Garden SisalM Playground and Demooawaion Garden Project ID# 1499 REVISED EXHIBIT A NAME OF ENTITY: Key West Botanical Garden Society, Inc. NAME OF PROJECT: Botanical Garden Signcge, Playground and Demonstration Garden NUMBER OF SEGMENTS TO PROJECT: 1 Note: County signoff and submission for reimbursement only allowed offer completion of each segment as documented in this exhibit. Grantee must apply for reimbursement utilizing the 'Application for Payment' form included within the Payment/Reimbursement Kit. Segment #:1 Description: Materials, equipment and labor required to complete the following: e Purchase 120 posts, 48" tall, engraved with tour stop numbers. Permanently install posts 12" into ground with concrete. Posts to be installed throughout property grounds. Create approx. 300 sq. 9. Cactus Barrens Demonstration Garden East of the Visitor Center off the Boardwalk, with approx. 100 plants. (In order for this segment to be reimbursed, acknowledgement of TDC funding must be In place and proof in the form of pictures provided with submission for reimbursement of this segment. This acknowledgement shall not be covered as part of the TDC reimbursement - see contract paragraph 2) Total Cost: $36,500 In -Kind: Not to exceed $7,050 to be applied towards Volunteer project manager's time; nursery stock from KWBGS nursery at retail value; Volunteer labor for planning, planting, site preparation and installation. TDC portion: $18,250 Page 1 of 1