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5th Amendment 03/21/2012DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: llllarch 29, 2012 TO: Lynda Stuart. Office Manager Tourist Development Council ATTN: Maxine Pacini Administrative Assistant FROM: Pamela G. Hun c D.C. At the March 21, 2012, Board of County Commissioners meeting, the Board granted approval and authorized execution of the following: Item DI Amendment to Agreement with Marine Mammal Conservancy, Inc. for the Marine Mammal Conservancy Phase I project to extend completion date to June 30, 2012, and to revise Exhibit A - Segment 3. Item D3 Amendment to Agreement with FloridaKeys.com to allow for the addition of a compensation of special projects in an amount not to exceed $175,000. Item D4 Ageement with Matecumbe Historical Trust Corporation in an amount not to exceed $378,297 for the Irving R. Eyster Museum of the Florida Keys History, DAC IV, FY 2012 Capital Resources. Attached are electronic copies of each of the above -mentioned for your handling. Should you have any questions, please feel free to contact me. cc: County Attorney w/o documents Finance File T M THIS AMENDMENT to agreement dated then / of 412, is entered into by and between the Board of County Commissioners for Monroe County, on behalf of the Tourist Development Marine Mammal Conservancy, Inc. a not for profit organization organised and operating and l , and the laws of the state of Florida (Grantee). oP under r the he la WHEREAS, there was an agreement entered into on October 21, 2009 between the parties, awarding $74,985 to the Marine Mammal Conservancy, Inc. for the Marine Mammal Conservancy Phase 1 project and WHEREAS, the agreement was extended on October 20, 2010 to November 30, 2010; and WHEREAS, the agreement was extended on January 1, 2011 to January 31, 2011; and WHEREAS, the agreement was extended on February 16, 2011 to September 30, 2011; and WHEREAS, the agreement was extended on October 19, 2011 to December 31, 2011; and WHEREAS, it has become necessary to request a fifth amendment to further extend the agreement to June 30, 2012 to allow for completion of Segment 3; and WHEREAS, it has also become necessary to revise Exhibit A - Segment 3 of the agreement to delete the requi+ement fora paved curb cut on US1; and NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Termination date and all references to submission of invoices shall be extended to June 30, 2012. 2. Exhibit A - Segment 3 shall be revised and is attached hereto. 3. The remaining provisions of the agreement dated October 21, 2009 and amended October 23, 2010; e77,1e ry 19, 2011, February 16, 2011 and October 19, 2011 remain in full force and effect. IN. 1, SS WHEREOF, the parties have set their hands and seal on the day and year first above • n 1 (S AL) i Board of County Commissioners Danny k o lh age, Clerk of Monroe . .J Clerk Mayor/ � (CORP ORATE cam, Mammal /������� ..� `1 (CORPORATE SEAL) Marine Marrmlal Conservancy, Inc. ,-...3 ( - Attest: . 1 By By Lz-,164-54/6(.6-vki- 1 _r Zd Pira ° A/e S q / Print Name Print Name - - - N o �v Oats: Date: l 'f� o - •,O /g- - - i , o OR 7WO WITNESSES ( (2) ( (2) P Name • ROE COUNTY ATTORNEY PrMtName - PROM) A T1 F•; : Date: Date: ,. - , - . ' • r Amendment _5 ASSI - A�? COUNTY ATTORNEY Marine Mammal canurvany FY 2010 - $74,985 Date_____ . - ?--Q 1 .- P IDS 63i 0 • 5- ° c DD c cI-- 3 co = ° 00 co 3 p - t m"" 0 o _0-c° D * S a q "I rn a) _ -7/7_ � —. 3 v , 0 S. Q 0 Q m n • a C 5 ` ? a rn • . Z • n co CO 3 Q y -0 Q XI 0 `G m- .. 40 D- 2 g. n < 0 3 0 mm r CI 0 tD- 3 3 . Q a) n c e o C-' (� N Q O r ' N j D 'a a co p o 3 Q -. n cO s'.< — a .< 5 to 3 g 0 0 = O O N c G Q Z. Q W • ? O 00 0 11:13 E v a o 0 vc o c3 .1 3Q 1 O O D a P �; 3 rn — c �, o ff = m o , 3 IN j 0 ° o w o o Q = 0 -) 0 c v II • II• N N (0 K N Q Q 9 3 CD c o a n D. I . m II T3 -13 0 -. 70 - H cQ N r- C II • • z' } = N a o a = V (Q = v O ( II rn - r! C to Q Q -` (7 : o (� -n O g V O ;n -1 o rn (D a 0 CD . a (D 0 � . o Q 0 (D 3 m II O Q. 71 90 Q H rn �.0 x � � �D N a O O 0 II_ (D n a O c v' (D O . < 0 N (D O O 171 0 n n C O O ; rn v z �, Q N = m o W 0 p. = o _ W 0 j Q v i i o - 8 e) m 6 • 0---r; -0 a o' o' N • aQ � p 0 o N Q N � 9 II O Q. o n 0 Iw T z (D �, Q 0 O O • N O C CDD Q 0 O . • Q (1 M g . o 1 W n cn 0 J es ;6 (D O CJ7 Q CD 0 o rn n n < O O g rn 0 0 D rn X CO N O V W W V - O Ca O > '••v2 • CERTIFICATE OF LIABILITY INSURANCE DATE lmmroonrvvl3/7/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CER`1.4801•8GG IMPORTANT: If the certificate holder is an ADDITI)NAL INSietitnust be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain poll{ies may require an endorsement. A st tement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Brenda Monroe FAX Regan Insurance Agency MC No Fan. (30- )852-3234 NC Nol,1305)852-3703 90194 Overseas Hwy. aosaEss.bmonr<e@reganinsuranceinc.cam MONROE CDUNTY I ISURER{s)AFFORDING COVERAGE _ NAIC X__ Tavernier FL 33070 RISK MANAG`EBIItllrA Westbrn World Insurance Co 13196 INSURED INSURER B'. _ —. Marine Mammal Conservancy INSURER C. PO Box 1625 INSURERD: INSURER E' Key Largo FL 33037 INSURER F: COVERAGES CERTIFICATE NUMBER:2012-2013 GL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WED POLICY NUMBER IMMIDDNYYYI IMMIDDIYYYYI GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 X COMMERCIAL GENERAL LIABILITY _REMISES Ea occurrence! S A ]CLAIMS-MADE W OCCUR X NPP8067205 3/5/2012 3/5/2013 MED EAR(Any one person) $ 1,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 6�E N'L AGGRFGAT4 LIMIT APPLIES PER PRODUCT$_COMP/OP AGG fi Included Ia I POLICY PR LOC $ AUTOMOBILEUABLITY AP COMBINED SINGLE FAIT BK L dam $ ANY AUTO _ DA •i3' BODILY INJURY(Peiperson! $ ALLOWNE1 SCHEDULED WAI INJURY(Pe s UTOS AUUTOSN -OWNEO PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per aCCid.nl'. UMBRELLA CAB . OCCUR _EACH OCCURRENCE $ AGGREATE $EXCESS LIPS CLAIMS-MADE G�� _ _ ... ___. DED RETENTIONS $ WORKERS COMPENSATION I WC STARA RYTIMITS 01H _ .. AND EMPLOYER S'LIABILITY YIN HR ANY PROPRIETOR/PARTNER/EXECUTIVE I1 E L EACH ACCIDiNI $ OFFICER/MEMBER EXCJOE DI NIA 'ME- N1n DI EASE FA EMPLOYEE $ DESCRIPTION On OPERATIONS oelory E L D Ax Pouc LINT L DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD lot Additional RemaMS Schedule,if more space Is requIredl rescue, rehab & release of dolphins and whales Certificate Holder is shown as an additional insured per policy forms, conditions, limitations and exclusions REF: TDC CONTRACT The cancellation provisions in the policy allow for 45 days notice of cancellation except for 10 days for non payment CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Monroe County Board of County Commissione 6 TDC AUTHORIZED REPRESENTATIVE C/o Risk Management PO Box 1026 Key West, FL 33041 � X-a—•—i, �,•�_.� John Crowell/HMONRO ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. AU rights reserved. INS025(201005)01 The ACORD name and logo are registered marks of ACORD • • A`�D/ CERTIFICATE OF LIABILITY INSURANCE DATE 2oDi2 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Brenda Monroe NAME' Regan Insurance Agency 1°,V�O,NIj Fnl (305)952-3234 I ryp 1505l esz-STon 90144 Overseas Hwy. ADORFSR.bmonroe@reganinsuranceinc.com INSURER(S)AFFORDING COVERAGE NAIC Tavernier FL 33070 amass A Sentinel Insurance Co Ltd 11000 INSURED INSURER B: MARINE MAMMAL CONSERVANCY INSURER C: PO BOX 1625 INSURERD: INSURER E: KEY LARGO FL 33037 INSURERF: COVERAGES CERTIFICATE NUMBER:2012-2013 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SlieR POLICY EFF POUCY UP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER IMWIYW DOYI IMMIDOOYYYI GENERAL LIABILITY EACH OCCURRENCE DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES lEa oYMenMI CLAIMS-MADE n OCCUR BYPN V X MED EXP(Any one person) _ DA • RRR'• PERSONAL GGREINJURY TE W GENERAL AGGREGA GENL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG POLICY n W. nLOC COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) $ 100,000 — ANY AUTO BODILY INJURY(Poo penal) $ A ALL CAMEO x SCHEDULED 21UECNF1499 2/27/2013 2/27/2013 BODILY INJURY{Per NtitlenU $ AUTOS X HIRED AUTOS AUTOS AUTOS X NON-OWNED PROPERTY DAMAGE (Per amdam) Uninsured mcIcnst combined E 100,000 UMBRELLA LIPS OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE E DED RETENTIONS $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORVIIMITS FR ANY PROPRIETOWPARTNEREXECUTIVE^ NIA E L EACH ACCIDENT $ Mandatory inNH)EXCLUDED? E L DISEASE-EA EMPLOYEE E ny desmm under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONSI VEHICLES(Attach ACORO 101,AddIIonal ReaW,e Schedule,Ir more space Is repaired, rescue, rehab c release of dolphins and whales. Certificate holder is shown as an additional insured per -- policy-forms,-conditions, limitations and exclusions. REF: TDC contract CERTIFICATE HOLDER CANCELLATION (305)295-3179 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC S TDC ACCORDANCE WITH THE POLICY PROVISIONS. c/o Risk Management PO Box 1026 AUTHORIZED REPRESENTATIVE Key West, FL 33041-1026 Joseph Roth/BMONRO - ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INRnzR nnl nMlm T ha A r n en name one Inns arm ronietarnA maws of Srnen 19%Edition MONROE COUNTY,FLORIDA Request For Waiver • of Insurance Requirements It is requested that the insurance requirements,as specified in the County's Schedule of Insurance Requirements,be waived or modified on the following contract. Contractor: Marine Mammal Conservancy,Inc. Contract for: Marine Mammal Conservancy Phase II Property Improvements Address of Contractor:_Mailing: P O Box 1625; Key Largo, FL 33037_ _Physical Address: 102200 Overseas Hwy; Key Largo,FL 33037_ Phone: 305-451-4774 Scope of Work:_Conversion of a open storage facility to a permanent Marine Mammal Food Preparation area(or fish kitchen)by installing a roof structure to match the present Office/Education Center, install a ffoodproof door, install electricaVolumbintiHVAC. insulate and waterproof the walls Enclose the area with breakaway walls below the present Office/Education Center to accommodate storage requirements at MMC. Both improvements will enhance the overall image of MMC. Reason for Waiver: No Workers Compensation MMC is all volunteer and has no paid staff. Volunteer are required to sign Waiver and Hold Harmless Agreements in order to participate in all of MMC's volunteer programs inclpdinp construction activities Policies Waiver will apply to: Marine Mammal Conservancy,Inc.and all of its volunteers. i / Signature of Contractor: �' -. i'' /' x yw /' ^ Robert G Lingenfelser Jr.. President_ Approved /Not Approved Risk Management: J Y' S OLU Date: 31941 County Administrator Appeal: Approved Not Approved Dale: Board of County Commissioner%Appeal: Approved Not Approved_ Meeting Date: Administration Instruction $4709.2