1st Amendment 06/21/2017AMENDMENT (1 AMENDMENT) TO AGREEMENT
THIS AMENDMENT to Agreement dated the &day of �_ 2017, is entered into by
and between the Board of County Commissioners for Monroe County, a political subdivision of
the state of Florida (County), on behalf of the Tourist Development Council, and Keys
Association of Dive Operators, Inc. hereinafter referred to as "Contractor".
WHEREAS, there was an Agreement entered into on July 16, 2014 between the parties,
for Contractor to provide marketing recommendations to the TDC and the Monroe County Board
of County Commissioners concerning dive /snorkeling related marketing activities; and
WHEREAS, the original Agreement with Contractor provides an option to renew the
Agreement for an additional two (2) year period; and
WHEREAS, it has become necessary to include updated public records language in the
Agreement; and
WHEREAS, the parties desire to exercise option to extend Agreement for an additional
two year period; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein the
parties agree to the amended agreement as follows:
1. Paragraph 4 of the agreement shall read: Term of Agreement The agreement shall
expire on September 30, 2019.
1. Paragraph 7 of the agreement shall be revised to include: Public Records
Compliance. Contractor must comply with Florida public records laws, including but
not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and Contractor shall allow and permit reasonable
access to, and inspection of, all documents, records, papers, letters or other "public
record" materials in its possession or under its control subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the County and Contractor in
conjunction with this contract and related to contract performance. The County shall
have the right to unilaterally cancel this contract upon violation of this provision by the
Contractor. Failure of the Contractor to abide by the terms of this provision shall be
deemed a material breach of this contract and the County may enforce the terms of
this provision in the form of a court proceeding and shall, as a prevailing party, be
entitled to reimbursement of all attorney's fees and costs associated with that
proceeding. This provision shall survive any termination or expiration of the contract.
Amendment #1
Keys Association of Dive Operators — Dive Umbrella
Contract #: 1339
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that
would be required by the County to perform the service. If the Contractor transfers all
public records to the County upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the County, upon request from the County's custodian of records, in a
format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested
records, the County shall immediately notify the Contractor of the request, and the
Contractor must provide the records to the County or allow the records to be
inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County
shall enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under section 119.10, Florida Statutes.
Amendment #1
Keys Association of Dive Operators — Dive Umbrella
Contract #: 1339
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose
of any public records unless or otherwise provided in this provision or as otherwise
provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470 BRADLEY -
BRIAN(a,MONROECOUNTY- FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE_ 1111 12 Street, SUITE 408, KEY WEST, FL
33040.
3. The remaining provisions of the contract dated July 16, 2014 remain in full force and
effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Amendment #I
Keys Association of Dive Operators — Dive Umbrella
Contract #: 1339
ESS WHEREOF,
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;est I�e�f7 Clerk
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Deputy Clerk
(CORPORATE SEAL)
Attest:
the parties have set their hands and seal on the day and year
Board of County Commissioners
of Monroe County
Mayor /Chairman
Keys Association of Dive Operators, Inc.
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MONROE COUNTY ATTORNEY
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Amendment #1
Keys Association of Dive Operators — Dive Umbrella
Contract #: 1339
CHRI TIN M.l1MBERT- BARROWS
ASSISTANT C U TY ATTORNEY
Date