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1st Amendment 01/17/2018
C' ., Kevin Madok, CPA Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: February 6, 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: E1 Agreement with Pigeon Key Foundation, Inc. for the Pigeon Key Roof Replacement - Assistant Bridge Tenders Quarters Project in an amount not to exceed $60,000.00 from DAC III FY 2018 Capital Resources. E6 Amendment to Agreement with Florida Keys Community College and the Letters "FKCC" for the Tennessee Williams Theatre - Stage Improvements Project to revise Exhibit A of the Agreement which outlines Scope of Services and reduce the grant amount to $137,500.00. 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 AMENDMENT 0 s AMENDMENT) TO AGREEMENT � I T is Amendment to Agreement (Agreement) is entered into this Nq" day of V� V � , 2018 by and between MONROE COUNTY, a political subdivision of the State of Florida (County or Grantor) and Florida Keys Community College and the letters "FKCC" 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 the parties, awarding $600,000 to Grantee for the Tennessee Williams Theatre — Stage Improvements project; and WHEREAS, it has become necessary to revise Exhibit A outlining Scope of Service as the scope of the project has been reduced; and WHEREAS, due to the reduced scope of the project and reduction to the overall total cost of the project, the amount of award is being reduced by $462,500, and NOW, THEREFORE, in consideration of the mutual covenants contained- herein the parties agree to the amended Agreement as follows: Paragraph 3 of the Agreement shall be revised to read as follows: 3. AMOUNT OF AGREEMENT AND PAYMENT. The Grantor shall provide an amount not to exceed $137,500 (One Hundred Thirty Seven Thousand Five Hundred Dollars TDC District I 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. 2. Exhibit A of the Agreement shall be revised and attached hereto. 3. The remaining provisions of the agreement dated October 19, 2016 shall remain in full force and effect. Amendment #1 Florida Keys Community College — Tennessee Williams Stage Improvements ID# 1763 IN WITNESS_V1(0EREOF, the parties have set their hands and seal on the day and year first above Board of County Commissioners Clerk of Monroe County Deputy Clerk Mayor airman Florida Keys Community College and the letters "FKCC" Print Name Date: 12 - Lj1 ? Print Name Date: t Z- i t- I I MONROE COUNTY ATTORNEY . APPROVED AS TO FORM: CHRISTINE LIMBERT- BARROWS ASSISTANT CO UN ATT RNEY DATE: I Amendment #I Florida Keys Community College — Tennessee Williams Stage Improvements ID# 1763 P nt J bk)44ha.n/ Cue0,e-P-1 Print Name T n °' m Date: / / / 7 o Print Name Date: 12 - Lj1 ? Print Name Date: t Z- i t- I I MONROE COUNTY ATTORNEY . APPROVED AS TO FORM: CHRISTINE LIMBERT- BARROWS ASSISTANT CO UN ATT RNEY DATE: I Amendment #I Florida Keys Community College — Tennessee Williams Stage Improvements ID# 1763 REVISED EXHIBIT A NAME OF ENTITY: Florida Keys Community College.and The Letters. "FKCC NAME OF PROJECT: Tennessee Williams Theatre - Stage Improvements 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. Segment #:1 Description Materials, equipment and labor, Contractor and engineering costs required to:. • Install new carpet throughout theatre and repair flooring Refinish and repair walls and doors to right and left of stage • Install 505 new seats • Replace approx. 3500 square feet of main stage decking including new bracing, sub floor and rrmeso covering. • Install ADA compliant wheelchair lift adjacent to the main stage • Install Wifi- BluetoothHearing System for main house seating area • Design Drawings /Plans (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 reimbursementr of this segment. This acknowledgement shall not be covered as part of the TDC reimbursement see contract paragraph 2) Total Cost: $ $275,000 TDC portion: $ $137,500 In -Kind No' in -kind will be used towards reimbursement of this project. Page 1 of 1 1996 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: Florida Keys Community College Contract for: Tennessee Williams Theater — Stage Improvements Address of Contractor: 5901 College Rd Key West, FL 33040 Phone: (305) 296 -1520 Scope of Work: Renovate and Update Theater and Stage of Tennessee Williams Theater Reason for Waiver: Waiver Workers Comp and Auto: No employees, No automobiles Policies Waiver will apply to: Workers Comp and Auto Signature of Contractor: W "n (,Ll.(.G Appgoyp / Not Approved Risk Management: ti V1 c Date: --7-15-1 P County Administrator Appeal: Approved Not Approved Date: Board of County Commissioners Appeal: Approved Not Approved Meeting Date: Administration Instruction #4709.2 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 1 2/24/2017 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 have ADDITIONAL INSURED provisions or 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 Arthur J. Gallagher Risk Management Services, Inc. 200 S. Orange Ave Suite 1350 CONTACT NAME: PHONE 352- 955 -2190 q/ E -MAIL INSURERS AFFORDING COVERAGE NAIC # Orlando FL 32801 INSURER A: Qualified Self Insurer EACH OCCURRENCE $200,000 INSURED INSURER B: $ INSURERC: - PREMISES MED EXP (Any one person) Florida Keys Community College 5901 College Road Key West, FL 33040 -4397 INSURER D: PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ] PRO JECT F LOC OTHER: INSURER E $ INSURER F: $ Ea Occurrence Agg COVERAGES CERTIFICATE NUMBER: 1852581503 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 INSD WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1 OCCUR :i- ' RMC20170301 3/1/2017 3/1/2018 EACH OCCURRENCE $200,000 DAMAGE ( RENTE ence ) Ea occurr $ - PREMISES MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ] PRO JECT F LOC OTHER: GENERAL AGGREGATE $ PRODUCTS - COMP /OP AGG $ Ea Occurrence Agg $300,000 A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY RMC20170301 3/1/2017 3/112018 MBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $200,000 X BODILY INJURY (Per accident) $300,000 X PROPERTY DAMAGE Per accident $Included UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE � APP D Y ftVl BY k MA N EM NT EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) if yes, describe under DESCRIPTION OF OPERATIONS below N / A r DATE WAIVER N/ , IIIJJJ STATUTE ERH YS� E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Self Insured per Florida Statute 768.28 - $200,000 per Person / $300,000 per Occurrence Aggregate. With respect to the Florida Keys Community College classes and sports events held in Monroe County. CERTIFICATE HOLDER CANCELLATION ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West FL 33040 USA AUTHORIZED REPRESENTATIVE :i- ' ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD