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4th Amendment 04/19/2018GJ Z COURTS ° o: Kevin Madok, CPA .... Y1 Clerk of the Circuit Court & Comptroller — Monroe Count Florida •R OE COUN DATE: April 24, 2018 TO: Arnmie Machan, Administrative Assistant Tourist Development Council FROM: Pamela G. Hancock, D.C. SUBJECT: April 19' BOCC Meeting Attached are electronic copies of the following items for your handling: E1 2nd Amendment to extend Agreement with the Dolphin Research Center, Inc. for the Guest Restroom/Changing Room Project to September 30, 2019. E2 ls` Amendment to extend Agreement with the Dolphin Research Center, Inc. for the Welcome Center Generator Project to September 30, 2019. E3 ls` Amendment to extend Agreement with Dolphin Research Center, Inc. for the Tiki Thatching and Platforms Project to September 30, 2019 . E4 4"' Amendment to extend Agreement with Dolphin Research Center, Inc. for the Welcome Center Project to June 30, 2018. E5 2nd Amendment to extend Agreement with the Dolphin Research Center, Inc. for the ADA Parking, Walkway, Landscaping and Fencing of Welcome Center Project to June 30, 2018. E6 ls` Amendment to extend Agreement with Pigeon Key Foundation, Inc. for the Pigeon Key Roof Replacement - Assistant Bridge Tenders Quarters Project to March 31, 2019. 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 (4th AMENDMENT) TO AGREEMENT This Amendment to Agreement (Agreement) is entered into this _ day of 2018 by and between MONROE COUNTY, a political subdivision of the State of Florida ( ounty or Grantor) and Dolphin Research Center, 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 17, 2014 between the parties, awarding $421,700 to Grantee for the DRC Construct Welcome Center Building Project; and WHEREAS, there was an Amendment to Agreement on April 20, 2016 to extend the termination date of the agreement to February 28, 2017 to allow completion of the project due to delays in the permitting , and WHEREAS, there was an Amendment to Agreement on February 15, 2017 to extend the termination date of the agreement to September 30, 2017 to allow completion of the project due to delays in the permitting , and WHEREAS, there was an Amendment to Agreement on August 16, 2017 to revise the termination date of the agreement to March 31, 2018 due to further permitting delays, and WHEREAS, it has become necessary to revise the termination date of the Agreement to June 30, 2018 due to delays related to hurricane Irma, and NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Paragraph 1 of the agreement shall be revised to read as follows: This agreement is for the period of October 17, 2014 through to June 30, 2018. This agreement shall remain in effect for the stated period unless one party gives to the other written notification of termination pursuant to and in compliance with paragraphs 7, 12 or 13 of the original agreement dated October 17, 2014. 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 17, 2014 shall remain in full force and effect. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Amendment #4 Dolphin Research Center — DRC Construct Welcome Building ID# 1387 :IN,; WITNESS WH EREOF, the parties have set their hands and seal on the day and year first Attest kkn "Midok, Clerk Deputy Clerk Dolphin Research Center, Inc. By /2 President )RI )Aw//\/ Print Name Date: f fflkTZW:Gj ESSE �rl ffi.�- S Print Name Date: C 3 f o f (2) ���Q 2.a,,. Print Name Date: �q /010/ MONROE COUNTY ATTORNEY APYFQVFiP AS TO F - ORM f CHRISTINE LIMBERT-BARROWS ASSISTANT 2I�Y TTORNEY DATE: f Board of County Commissioners of Monroe County --d Mayor /Chairman - - Amendment #4 Dolphin Research Center — DRC Construct Welcome Building lD# 1387 C).n 70 ;U r►i 4 C - 1 tn (2) ���Q 2.a,,. Print Name Date: �q /010/ MONROE COUNTY ATTORNEY APYFQVFiP AS TO F - ORM f CHRISTINE LIMBERT-BARROWS ASSISTANT 2I�Y TTORNEY DATE: f Board of County Commissioners of Monroe County --d Mayor /Chairman - - Amendment #4 Dolphin Research Center — DRC Construct Welcome Building lD# 1387 ACORDI CERTIFICATE OF LIABILITY INSURANCE 1 11.1 DATE(MMIDDrNM 04/1912018 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 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS O to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does PRODUCER K&K INSURANCE GROUP, INC. P.O. BOX 2338 FORT WAYNE, IN 45801 NAME; EVENTS & ATTRACTIONS AIC No, Eri ; 800.553.8368 A FA X No : 260 - 459 -5624 ADDRESS: . INSURER(S) AFFORDING COVERAGE NAIC p INSURERA: NATIONAL CASUALTY COMPANY 11991 INSURED DOLPHIN RESEARCH CENTER, INC. 58901 OVERSEAS HWY. GRASSY KEY, FL 33050 INSURER B ; NATIONAL CASUALTY COMPANY 11991 INSURER C: Y INSURER W. KK0000002D736400 INSURER E; 5/1/2018 INSURER F; $1,000,000 COVERAGES CERTIFICATE NUMBER: C82274 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 TYPEOFINSURANCE ADDL INSO SUER WVD POLICY NUMBER POLICYEFF M POLICY EXP MWDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y KK0000002D736400 3/1/2017 5/1/2018 EACH OCCURRENCE $1,000,000 CLAIMSadADE 0 OCCUR 12:01 AM 12:01 AM PREMISES Ea Occurrence $ 300,000 MED EXP (Any one person) NC PERSONAL 3ADVINJURY $1,000,000 GENERAL AGGREGATE NONE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS — COMP/DPAGG $5,000,000 X POLICY [__j PROJECT F LOD LEGAL LIAB TO PARTICIPANTS NC PROFESSIONAL LIABILITY OTHER: A AUTOMOBILE LIABILITY ANY AUTO KKOD000020736600 3/1/2017 12:01 AM 5/1/2018 12:01 AM COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) X OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) : Pet aeddent HIRED NON4VMED X AUTOS ONLY X AUTOS ONLY A UMBRELLA LIAR X OCCUR XK00000020736700 3/1!2017 5/1/2018 EACH OCCURRENCE $2,000,000 X EXCESS LIAR CLAIMS -MADE 12:01 AM 12:01 AM AGGREGATE $2,000,000 DED RETENTION B AND EMPLOYERS LIABILITY ANY EXECUTIVE OFFICERIMEMBl3i PROPRIETOMPARTNERI YIN EXCLUDEDi (Mandatory inNH) K e9, detcx�e under NIA WCC330739A APP OV YFII 41112018 01 AM K AGSM 41112019 12:01 AM NT X STATUTE OTHER E.LEACHACGOEPIT $1,000,000 E.LDISEASE— EAEMPLOYEE $1,000,000 E.LDlSEASE— POUCYUMlT $1,000,000 DESCRIPTION OF OPERATIONS belay Ry PARTICIPANT ACCIDENT AMD WAIVER YEB�, F ' : " washy tndenrtity DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more apace Is requlredl CERTIFICATE HOLDER IS ADDED AS ADDITIONAL INSURED, BUT ONLY FOR LIABILITY CAUSED, IN WHO_ LE OR IN PART, BY THE ACTS OR OMISSIONS OF THE NAMED INSURED. CERTIFICATE HOLDER 500 WHITEHEAD STREET KEY WEST, FL 33040 CANCELLATION EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH AUTHORIZED ACORD 26 (2016103) 01988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD