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Competition Enhancements 1st Amendment 07/17/2013AMY REAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY, FLORIDA DATE: July 19, 2013 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN. Maxine Pacini Administrative Assistant FROM. Vitia Fernandez, D. C. At the July 17, 2013, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item 131 Amendment to Agreement with Upper Keys Community Pool, Inc. to revise Exhibit A scope of services; compensation, and termination date of the agreement. The electronic copy is attached. cc: County Attorney Finance File t.w ah »u +rvow:. awwiwmmmamuuupouumw±as�x .sra;.,a„�.xunurw�cMwxmsui v}suu �,r!u +u,.m.,xauwra::�a namrv;urvumio-+wewriwnwrvnry w ws��ssrwmw�wwuuuuurvwzxpworuumrm 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 1st THIS AMENDMENT to agreement dated the // day of Jd/J1 2013, is entered into by and between the Board of County Commissioners for Monro o ty, on behalf of the Tourist Development Council, and Upper Keys Community Pool, Inc. ( "Event Sponsor") WHEREAS, there was an agreement entered into on April 18, 2012 between the parties, awarding $50,500 to Upper Keys Community Pool, Inc. for the Competition Enhancements project at the Upper Keys Community Pool; and WHEREAS, it has become necessary to revise Exhibit A outlining Scope of Services and compensation with the agreement, and extend the termination date to allow time for submission of invoices for work completed, and NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: Paragraph 1 of the agreement shall be revised to read as follows: This agreement is for the period of April 18, 2012 through to July 31, 2013. 2. All references within the original agreement to the termination date and date of submission for invoices shall be revised to read July 31, 2013. 3. Exhibit A of the agreement shall be revised and attached hereto. 4. Paragraph 3 (1 paragraph) of the agreement will read as follows: 3. AMOUNT OF AGREEMENT AND PAYMENT. The Grantor shall provide an amount not to exceed $48,779 (TDC District V funding) 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. 5. In all other respects, the remaining provisions of the agreement dated April 18, 2012 shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Amendment #I Upper Keys Community Pool, Inc. ID# 1017 IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) Board of County Comnbsioners Avast: Amy He"In, Clerk of Monroe County •4 f (CORPORATE SEAL) Attest: BY. Secretary Print Name Dab: Upper Ksys Community Pool, Inc. By � - - Prim Name Date: - q �al ! ( �— OR TWO WITNESSES (only na msemy If the President does not sign) 0 1 Print Nan e Deb: � o � (Z ° 'r' F= c- M r C C3 r - Tt o Print Name -� C) Dab ca C-3 MONRO)l COUNTY ATTORNEY AP ME A8 T F ASSISTA CO UIN TY ATTORNEY Date t F=..a 7 l rg --- AwmdmW #1 Upper Kqm Camob Pool, im W# 1017 REVISED EXHIBIT A NAME OF ENTITY: Upper Keys Community Pool, Inc. NAME OF PROJECT: Competition Enhancements Project NUMBER OF SEGMENTS TO PROJECT: 1 Note County signoff and submission for reimbursement only allowed after 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. chedule of Value TDC P Segment #: 1 Description: Purchase and installation of: • Performance Non -wave Generation Lane Lines (8 lane lines) • Scoreboard • Underwater Instructional Sound System • 2 Competition and Training Pace Clocks (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) In -Kind Allowance: No in -kind will be used towards this project Total Cost: $97,557.21 TDC portion: $48,779 Page 1 of 1 A� V CERTIFICATE OF LIABILITY INSURANCE 4 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(ies) 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 Brown & Brown of Florida, Inc. dba T.R. Jones & Co. 1780 N Krome Ave Homestead FL 33030 CONTACT Patti Spires, CIC PHONE (305)247 -5121 A, Na: (305)248 -8543 E-MAIL .pspires @bbhomestead.com INSURERS AFFORDING COVERAGE NAIC # INSURER A:Admiral Insurance Company 4856 INSURED Upper Keys Community Pool, Inc, DBA: Jacobs P.O. BOX 1994 I Key Largo FL 33037 INSURERB:RetailFirSt Insurance Company 10700 INSURER C: INSURER D: INSURER E: $ 1, 1 INSURER F: X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_] OCCUR COVERAGES CERTIFICATE NUMBER:12 Master 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 LTR TYPE OF INSURANCE Attn: Maria Slavik AUTHORIZED REPRESENTATIVE POLICY NUMBER POLICY EFF MWDD POLICY EXP MMID LIMITS Deborah McAfee /PS GENERAL LIABILITY EACH OCCURRENCE $ 1, A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_] OCCUR CA00000580909 0/3/2012 0/3/2013 DAM GE TO REN ED PREMISES Ea occurrence $ 50 ,000 MED EXP (Any one person) $ exclud PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 2,000,000 X POLICY PRO LOG $ AUTOMOBILE LIABILITY Ea MBINE SINGLE LIMIT 1000000 BODILY INJURY (Per person) $ p ` ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS CA00000580909 0/ 2012 0/3/2013 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED X HIRED AUTOS X AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE / J AGGREGATE _ $ DED I J RETENTION$ $ $ WORKERS COMPENSATION WC STATU- I IOTH- TOR LIMITS I ER AND EMPLOYERS' LIABILITY Y) N ANY PROPRIETOR/PARTNER /EXECUTIVE E.L. EACH ACCIDENT $ 100,000 OFFICER /MEMBER EXCLUDED? (Mandatory in NH) N/A 520- 40062 -0 0/3/2012 0/3/2013 E.L. DISEASE - EA EMPLOYE $ 100,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Monroe County Board of County Commissioners & Monroe County TDC are Included as additional insured on the General Liability and non -owned automobile liability but only in regards to operations of the insured CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010105) INS025 (201005) 01 ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC & Monroe County TDC ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Maria Slavik AUTHORIZED REPRESENTATIVE 1100 Simonton St Key West, FL 33040 Deborah McAfee /PS ACORD 25 (2010105) INS025 (201005) 01 ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD