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FY2018 Assignment & Assumption 01/17/2018C' ., Kevin Madok, CPA Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: January 29, 2018 TO: Ammie Machan, Administrative Assistant Tourist Development Council FROM: Pamela G. Hancock, D.C. SUBJECT: January 17' BOCC Meeting Attached are electronic copies of the following items for your handling: Item E4 Agreement with City of Marathon for the Amphitheater Improvements project in an amount not to exceed $15,000.00 from DAC III Fiscal Year 2018 Capital Resources. Item E5 Assignment of Agreement for the Tennessee Williams Birthday Celebration Cultural Event in February - April 2018 from Tennessee Williams Key West Exhibit, Inc. to Key West Art and Historical Society, Inc. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File KEY WEST 500 Whitehead Street Key West, Florida 33040 305 - 294 -4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305 - 289 -6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305 - 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 ASSIGNMENT AND ASSUMPTION OF CULTURAL EVENT FUNDING AGREEMENT AND CONSENT TO ASSIGNMENT BY MONROE COUNTY BOARD OF COUNTY COMMISSIONERS THIS ASSIGNMENT AND ASSUMPTION AGEEMENT AND CONSENT TO ASSIGNMENT ( "Agreement ") is made to be effective this day of JNLW 2018, by and between Monroe County, Florida ( "County ")and Tennessee Williams Key West Exhibit, Inc., ( "Event Contractor" or "Assignor "), and Key West Art and Historical Society, Inc., ( "Assignee ") and WHEREAS, an agreement was entered into on October 18, 2017, attached hereto, between County and Tennessee Williams Key West Exhibit, Inc. (Event Contractor) to use Tourist Development funding for the promotion of the Tennessee Williams Birthday Celebration in February —April 2018 (the "Event "); and WHEREAS, the Event Contractor /Assignor was not able to continue to sponsor the Event; and WHEREAS, the Assignee is qualified and had agreed to sponsor and produce the Event; and NOW THEREFORE, the above parties agree as follows: 1. Event Contractor /Assignor hereby assigns, transfers and sets over to Assignee all of its rights, title and interest in, to and under the Tennessee Williams Birthday Celebration contract, subject to the terms, covenants, agreements, representations and covenants set forth therein. 2. Assignee shall and does assume all obligations and responsibilities of Event Contractor /Assignor under the Cultural Event Contract. 3. County approves and consents to the assignment of the Cultural Event Contract from Assignor to Assignee, the new Event Contractor. 4. Paragraph 1 of the contract shall read: Amount County shall pay a sum not to exceed $17,640 (Seventeen Thousand Six Hundred and Forty Dollars — TDC District I funding Allocation) effective October 18, 2017 for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit D, for production of the Event. Of this amount, no more than 30% or $4,200 shall be expended on advertising media placement and production costs line item attributable to in- county placement. No amendments shall be made to the Budget as set forth in Exhibit D after approval of agreement. Payment will be made only after Event Contractor submits invoices and support documentation acceptable to the County's Finance Department. The advertising and promotion budget using county funding may be altered as to the individual line items, or components, within 10% of the amount stated for that'` item or component, without increasing the total dollar amount and without requiring a written amendment to this agreement. The general non - allocated section of an Umbrella event budget shall not exceed 15% of the total budget and may be utilized for unforeseen permissible expenditures and for those budget lines that may require additional funds. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Board of County Commissioners. 5. All other provisions of the Cultural Event Contract dated October 16, 2017, not inconsistent herewith, remain in full force and effect. Assignment of Agreement for FY 2018 Tennessee Williams Birthday Celebration Cultural Agreement ID #: 1907 IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. Tennessee Williams Key West Exhibit, Inc. (Assignor) By: President WWI IN (1 = 'Print.Na (2) (2) rint Name ATTEST - . KzX" n Nl , BOARD OF COUNTY COMMISSIONERS CLERK =: ;:, ; OF ONR COU Y, FLORIDA ,,.. Deputy Clerk Mayor /C airpersonr M= c n -0 rn O COUNTY ATTORNEY �` R AS TO ORM: r � M�ONNRPOE � Af ' ngor CHRISTINE LIMBERT- BARROWS ASSISTANT COUNTY ATTORNEY DATE: Assignment of Agreement for FY 2018 Tennessee Williams Birthday Celebration Cultural Agreement ID #: 1907 Print Name (2) Print Name Key West Art and Historical Society, Inc. (Assignee) AL By: President Print Name 1k1c14 A;-: F Gt1610A 2