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Item D1County off Monroe ELj »moo � i G�, � BOARD OF COUNTY COMMISSIONERS /� ri � �� Mayor George Neugent, District 2 The Florida. Ke Sew', y i Mayor Pro Tern David Rice, District 4 ; -== :'„ j y Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting May 17, 2017 Agenda Item Number: D.1 Agenda Item Summary #2864 BULK ITEM: Yes DEPARTMENT: Tourist Development Council TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296-1552 N/A AGENDA ITEM WORDING: Approval of an Amendment to extend Agreement with Key West Art and Historical Society, Inc. For the Key West Custom House Masonry Restoration project ITEM BACKGROUND: The Key West Art and Historical Society, Inc. has requested an extension of the termination date of the agreement due to a delay in obtaining the historically accurate materials necessary to complete the project. Attached is a copy of their request along with the required amendment. The District I Advisory Committee approved same at their meeting of March 1, 2017 TDC approved same at their meeting of April 25, 2017 PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting of October 19, 2016 CONTRACT/AGREEMENT CHANGES: Amendment to Extend STAFF RECOMMENDATION: Approval DOCUMENTATION: Key West Art and Historcial Society - Amendment, Reqeust and Original Agreement FINANCIAL IMPACT: Effective Date: October 19, 2016 Expiration Date: June 30, 2018 Total Dollar Value of Contract: $127,310 Total Cost to County: No Cost to Coun Current Year Portion: $127,310 Budgeted: Yes Source of Funds: TDC CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No Grant: County Match: Insurance Required: Yes Additional Details: If yes, amount: 05/17/17 117-77040 - TDC BRICKS & MORTAR 117 $127,310.00 REVIEWED BY: Maxine Pacini Completed 04/27/2017 11:58 AM Christine Limbert Completed 04/27/2017 5:34 PM Budget and Finance Completed 04/28/2017 10:14 AM Maria Slavik Completed 04/28/2017 10:31 AM Kathy Peters Completed 04/28/2017 3:16 PM Board of County Commissioners Pending 05/17/2017 9:00 AM t,99Z) ;u9w99j6V leuftjo pue ;snebeU ';u8wPu8wV - APPOS le'OJO;s'H Pue:PV;s8M AGN :;u8wt43e;;V This Amendment to Agreement dated this day of 2017, is entered into by and between MONROE COUNTY, a political subdivision of the State of Florida (County or Grantor) and Key West Art and Historical Society, Inc. a not for profit organized and operating under the laws of the state of Florida (Grantee). WHEREAS, there was an Agreement entered into on October 19, 2016 between thr., parties, awarding $127,310 to Grantee for the Key West Custom House Masonry Restoratior Project; and WHEREAS, it has become necessary to revise the termination date of the Agreement te, June 30, 2018 due to a delay in obtaining historically accurate materials to complete the project, -avd NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended Agreement as follows: 2. Any references to the termination date and submission of invoices shall be revised to read June 30, 2018. 3. The remaining provisions of the agreement dated October 19, 2016 shall remain in full force and effect. Amendment #1 KWABS, Inc. Custom House Masonry Restoration ID# 1777 t,99Z) ;ueweejBV jeuftjo pue ;snebeU ';uGwPuGwV - APPOS le'OJO;s'H Pue:PV;sGM AGN :;uGwt43e;;V IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above wriften. (SEAL) Board of County Commissioners Aftest Kevin Madok, Clerk of Monroe County Deputy Clerk Mayor/Chairman w�f:T.T AL; OIV717771V M. Print Name (1) (2) L/ (2) G teen. PrAntaigmeLf6 Print Name Data: Date: MONROE COUNTY ATTORNEY PPRED AS TO F-ORM: GHMS i ir..-- - LAMBEPT-BARROWS AMSTAIN N TTORNEY Amendment #1 Date KWAHS, Inc. Custom House Memory Restoration 1D# 1777 t,99Z) ;uauuaajI3V jeuftjo pue ;snabaU ';uGwPuGwV - APPOS le'OJO;s'H Pue:PV;sGM AGN :;uGwt43e;;V February 15, 2017 Mit Key West Art & Historical Society 281 Front Street Key West, FIL 33040 M-TIT4 M., ..... .......................... ................................ ............................................................... W - E - I - . -M =.- ;P - -I M.- - at my in IF re a io o MT, Secretary of the Interior's Standards for Rehabilitation, is appropriate for the Custom House, a State owned property leased to the Key West Art & Historical Society. Specifically, a substitution for terracotta is not acceptable, T-MR-TIM Bert L. Bender, Architect -41(1 Aqela Street Kev Wesit, Harida 33040 'I'Liephone (305) 296-1,4' ' 7 FireMnitle (30;) 296-21-7 Floridal,icvnse AA6002022 A,xmBenderArchitcas coin t,99Z) ;ueweejBV leul6lao pue;snebeb `;uauapuGwV - A;along leloao;slH pue:PV;saM AGN :;uauayoe;;V d.) Insurance. Contractor agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the contractor and the County from any suits, claims or actions brought by any person or persons and from persons or damage to property occurring during the agreement or thereafter that results from performance by contractor of the obligations set forth in this agreement. At all times during the term of this agreement and for one year after acceptance of the project, contractory _ on file with the County certificate of the insurance of the carriers showing that the aforesaid insurance policy is in effect. The following coverage's shall be provided: 3. Comprehensive Auto L. • it i1'1 combined single limit per occurrence. The contractor, the County and the TDC shall be named as additional insured, except workers' compensation, The policies shall provide no less than 30 days notice of cancellation, non -renewal or reduction of coverage. At all times during the term of this agreement and for one year after acceptance of the project, contractoron file with the Countycertificate of insurance showing that the aforesaid insurance coverage e.) Licensing and Permits. Contractor warrants that it shall have, prior to required licenses and permits whether federal, state, county or city. f.) Right to Audit. The contractor shall keep such records as are necessary to document the performance of the agreement and expenses as incurred, and give access to these records at the request of the TDC, the County, the State of Florida or authorized agents and representatives of said government bodies. Key West Custom House Masonry Restoration FY 2017 Capital Project Funding Contract JD#: 1777 7 b99Z) ;u9w99j13V leu ftjo pue;snebeU `;u9uapu8wV - APPOg 1e13J0;s1H pue:PV;s9M AGN :;u8wt43e;;V ■• - - coul 14FM.• • • t'E 2. Commercial - -ral Liability Insurance with minimum limits . 1 1 '1 1 I acceptableCombined Single Limit (CSQ If split limits are provided, the minimum limits be $250,000 per - • 00III per occurrence $50,000 property damage. 3- Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined • occurrence - The • -compensation.- policies provide no less than 30 days noticeof applicationcancellation, non -renewal or reduction of coverage. Grantee shall provide to the County, as satisfactory evidence of the required insurance, including the insurance policy 99MM-mr-M am • • • - • • �' i originalAn - - or • copy of or t' policies required by office.contract shall be filed with the Clerk of the BOCC prior to the contract being executed the Clerk's - Insurance policy must state that the Monroe County BOCC Monroe County TDC is the Certificate Holder and additional Insured for this contra (certificate only • • -compensation• - _a- Insurance information should .^ mailed s FY 2017 Capital Project Funding Contract 1 Monroe County Board of County Commissioners • Risk Management 26 ■Key West, FL 33041 12 t,99Z) ;u9w99jl3V leuil3po pue;snebeU `;uauapuGwV - A;0130g lelOao;slH pue:PV;saM AGN :;uGwt43e;;V returned21. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, receipt requested to the following: /r Grantee- Michael F. Gieda West,281 Front Street Key I1t Grantor: Maxine Pacini Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 1,1 ■ . . y ■ R 0'6 Key West, FL 33041-1026 constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. - • _. • : - • :.: / III - ' ■ - - - : • • -- Workplace Key West Custom House Masonry Restoration FY 2017 Capital Project Funding Contract ID#: 1777 13 b99Z) ;ueweejBV ieu ftjo pue;snabab `;uauapuGwV - A0130g ie'OJO;s'H pue:PV;saM AGN :;u8wt43e;;V is to be executed shall not constitute an act of God excusing a delay. Any delay or failure due to the causes stated shall not constiltute a breach of the agreement; however, the Grantor shall have the right to determine if there will be any reduction to the amount of funds due to the Grantee after consideration of all relevant facts and circumstances surrounding the delay in performance or failure to complete the project within the contract period. Upon demand of TDC or Grantor, the Grantee must fumish evidence of the causes of such delay or failure. Grantor shall not pay for any goods received or services provided after the date(s) described in paragraph I and Scope of Services. 28. EXECUTION IN COUNTERPARTS. This agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this agreement by signing any such counterpart, 29. SECTION HEADINGS. Section headings have been inserted in this agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this agreement and will not be used in the interpretation of any provision of this agreement. 30. MISCELLANEOUS: As used herein, the terms "contract" and "agreement" shall be read interchangeably. Key West Custom House Masonry Restoration FY 2417 Capital Project Funding Contract ID#_ 1777 14 b99Z) ;ueweejBV jeui6iap pue;snabab `;uauapuGwV - A;aiOOS leiOJO;siH pue:PV;saM AGM :;uGwt43e;;V :.: , file �' . .� ••......•......................•....•.........•.....N•.........♦,•BB...•.•...•...•....................•................... „' _ 7 __ y D TWO_ , RKS 7dnt We Pdni Name r, P Irp MONROE COUNTY ATTORNEY APPaOVFD AS TO FORM; C ISTWE fa. 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