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5th Amendment 06/20/2018 DATE: June 21, 2018 TO: Ammie Machan, Administrative Assistant Tourist Development Council FROM: Sally M. Abrams, D.C. th SUBJECT: June 20, BOCC Meeting Attached is an electronic copy of the following item for your handling: [[486,1258,2073,1317][12][,I,][Calibri]]Approval of an Amendment to Agreement to revise Exhibit A (Scope of Service) of [[431,1260,454,1316][11][B,I,][Calibri]]E [[453,1260,476,1316][11][B,I,][Calibri]]1 [[476,1260,487,1316][11][,I,][Calibri]] [[430,1316,767,1375][12][,I,][Calibri]]Agreement with [[767,1316,1353,1375][12][B,I,][Calibri]]Dolphin Research Center, Inc [[1353,1316,1534,1375][12][,I,][Calibri]]. for the [[1534,1316,2073,1375] [12][,I,][Calibri]]Construct Welcome Center [[431,1375,601,1434][12][,I,][Calibri]]Building. [[601,1375,629,1434][12][,I,][Calibri]] Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File AMENDMENT (5th AMENDMENT) TO AGREEMENT This Amendment to Agreement (Agreement) is entered into th _�� day of [t _ , 2018 by and between MONROE COUNTY, a political subdivision of the State of Florida (County 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, Amendment to Agreement on April 19, 2018 to revise the termination date of the Agreement to June 30, 2018 due to delays related to hurricane Irma, and WHEREAS, it has become necessary to revise Exhibit A which outlines the scope of service of the Agreement due to a change in the type of materials used for the project; and NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Exhibit A of the Agreement shall be revised and attached hereto 2. 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 #5 Dolphin Research Center — DRC Construct Welcome Building 1D# 1387 • IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) .0 . of County Commissioners Attest: Kevin Madok, Cle . ?4 � nroe County \-\„.„,,, S / / _ 1 ry 'r ■ Deputy Clerk Mayor/ - irman Dolphin Research Center, Inc. TV -,^, • r el ( ri~ y 1....--1.,.. rn a President rn = 4v c Rt-r4 w umi - Print Name c�. 7c-.-1 -71 ., 73 Date: ,7l `f 2-c) / r `j AND TWO WITNESSES (1) Cbretry (5i (2) .V., , . (1) J, 3,4 (=�2 (2)/LIZXZ />Z/1I() )2 Print Name Print Name Date: 5 / `f a..6 t Date: .0 Y / MONROE COUNTY ATTORNEY CHRISTINE LIMBERT -BARRO ASSISTANT C UN Y ORNEY DATE: 1- Amendment #5 Dolphin Research Center DRC Construct Welcome Building ID# 1387 REVISED EXHIBIT A - NAME OF ENTITY: Dolphin Research Center, Inc. NAME OF PROJECT: Welcome Center Building . 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 required to: • Construct welcome center building to include but not be limited to interior design concept and planning; fire protection systems; solar & energy hardware; security cameras; fiber optic run; ticketing counter; cabinetry & hardware; interpretive displays; permanently mounted video monitors; exterior ID sign; lighting; ceramic tile (In order for this segment to be reimbursed, acknowledgement of TDC Total Cost: $843,400 TDC portion: $421 ,700 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 In - Kind: No in - kind will be paragraph 2) used towards reimbursement of this project. Page 1 of 1 ,-----1 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) L.Q 06/20/2018 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 endor mAsl. PRODUCER NAME: EVENTS & ATTRACTIONS K &K INSURANCE GROUP, INC. PHONE N ): 800- 553 -8368 FAX No): 260-459-5624 P.O. BOX 2338 E -MAIL FORT WAYNE, IN 46801 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: NATIONAL CASUALTY COMPANY 11991 INSURED INSURER B: NATIONAL CASUALTY COMPANY 11991 DOLPHIN RESEARCH CENTER, INC. INSURER C: 58901 OVERSEAS HWY. INSURER D: GRASSY KEY, FL 33050 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: C85860 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 TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/OD/YYYY) A X COMMERCIAL GENERAL UABILITY Y KK00000021912700 5/1/2018 5/1/2019 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR 12:01 AM 12:01 AM PREMISES (Ea Ocwrrence) $300,000 MED EXP (Any one person) EXCLUDED PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE NONE GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS – COMP/OP AGG $5,000,000 X POLICY I PROJECT I LOC LEGAL LIAB TO PARTICIPANTS NC OTHER: PROFESSIONAL LIABILITY A AUTOMOBILE UABILITY KK00000021912900 5/1/2018 5/1/2019 COMBINED SINGLE LIMIT $1,000,000 12:01 AM 12:01 AM (Ea accident) _ ANY AUTO BODILY INJURY (Per person) SCHEDULED AUTOS BODILY INJURY (Per accident) X AUTOS ONLY HIRED — NON -OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident) A UMBRELLA LIAB X OCCUR XK00000021913000 5/1/2018 5/1/2019 EACH OCCURRENCE $2,000,000 — — X EXCESS UAB CLAIMS -MADE 12:01 AM 12:01 AM AGGREGATE $2,000,000 DED RETENTION B WOkKERS N/A WCC330739A 4/1/2018 4/1/2019 X ( STA 1 (OTHER AND EMPLOYERS' UABIUTY — ANYPROPRIETOR/PARTNER/ YIN 12:01 AM 12:01 AM E.LEACHACCIDENT $1,000,QQO EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE –EA EMPLOYEE $1,000,000 If yes, describe wider DESCRIPTION OF OPERATIONS below APPRO D BY R SK n I E.L. DISEASE – POLICY LIMIT $1,000,000 PARTICIPANT ACCIDENT BY / ) i ^CCMCNT 1 `� - ADBD �r(J Primary Medical DATE , / (J Excess Medical WAIVER WA YON _______ Weekly Indemnity DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER IS ADDED AS ADDITIONAL INSURED, BUT ONLY FOR LIABILITY CAUSED, IN WHOLE OR IN PART, BY THE ACTS OR OMISSIONS OF THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 500 WHITEHEAD STREET EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH KEY WEST, FL 33040 THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Aj- _ //,/ ,/ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. 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