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1st Amendment 03/18/2015 , _ / ° Amy HENHLIN CPA y, C LERK OF CIRCUIT COURT &COMPTROLLER r:_ M ONROE COUNTY, FLORIDA DATE: March 26, 2015, 2015 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN: Kelly Administrative Assistant FROM: Lindsey Ballard, D.C jj" At the March 18, 2015, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following item D1 an Amendment to Agreement with Monroe Council of the Arts d/b /a Florida Keys Council of the Arts to exercise option to extend Agreement for two additional years to allow the Council of the Arts to continue to act as countywide Cultural Umbrella to make recommendations to the TDC and County concerning funding for tourism related cultural activities. CC: County Attorney (Electronic Copy) Finance (Electronic Copy) kretailLEJ File .� . is 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 (1st AMENDMENT) TO AGREEMENT THIS AMENDMENT to agreement dated the 10 day of 2015, 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 (TDC), and the Monroe Council of the Arts d /b /a Florida Keys Council of the Arts (Provider). WHEREAS, there was an agreement entered into on July 20, 2011 between the parties, for Provider to act as a countywide Cultural Umbrella to make recommendations to the TDC and County concerning funding for tourism related cultural activities; 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; 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 21 shall be added as follows: RECORDS- ACCESS AND AUDITS: 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 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. 3. The remaining provisions of the contract dated July 20, 2011 remain in full force and effect. Amendment #1 Cultural Umbrella Agreement Contract #: 872 IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. . Board of County Commissioners 1, ,10 my Heavilin, Clerk of Monroe County A t 4 1 ' ' 1 ePuty CIe faTig ENZ - PORATE SEAL) Monroe Council of the Arts Corporation dlb/a/ Florida Keys Council of the Arts Attest: By. By...,i�1:■ y . Secretary en L Pte- S. NfourJG- Print Name Print Name / AND TWO WITNESSES C3i 4 / (2) • (1) ( nddc 2r e.._ (2) Print Name / Print Name (1) ° T (2) r l S Date Date MONROE COUNTY ATTORNEY PPR 1M EIS A5 _T t =ORM: �c - � � 4M/ QHRI$ i INc: M. UMBERT BARROWS Da t SSiJTANI COWIN ATTORNEY Amendment #1 Cultural Umbrella Agreement Contract #: 872