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1st Amendment 07/18/2018 DATE: July 23, 2018 TO: Ammie Machan, Administrative Assistant Tourist Development Council FROM: Sally M. Abrams, D.C. SUBJECT: July 18th, BOCC Meeting Attached is an electronic copy of the following item for your handling: F4 Board granted approval and authorized execution of an Amendment to Agreement with City of Marathon for the Sombrero Beach Facilities Upgrade project to amend expiration date of Agreement to December 31, 2018.[[1720,1370,1747,1426][11][,I,][Calibri]] Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File AMENDMENT (1st AMENDMENT) TO AGREEMENT THIS AMENDMENT to Agreement dated this 1 day of TO \1 2018, is entered into by and between the Board of County Commissioners for Monroe County, on behalf of the Tourist Development Council, and The City of Marathon a Government agency organized and operating under the laws of the state of Florida (Grantee). WHEREAS, there was an Agreement entered into on March 15, 2017 between the parties, awarding $40,000 to Grantee for the Sombrero Beach Facilities Upgrade Project ( "Agreement "); and WHEREAS, it has become necessary to revise the termination date of the Agreement to December 31, 2018 due to delays relating to hurricane Irma, and NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amend Agreement as follows: 1. Paragraph 1 of the agreement shall be revised to read as follows: This Agreement is for the period of March 15, 2017 to December 31, 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 March 15, 2017. 2. Any references to termination date and submission of invoices shall be revised to read December 31, 2018. 3. The remaining provisions of the agreement dated March 15, 2017 shalt remain in full force and effect. REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Amendment NI City of Marathon - Sombrero Beach Facilities Upgrade Project [D# 1867 . IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) Board of County Commissioners Attest: Kevin Madok, Clerk of Monroe County rn o r z c _ rn A Ai( AO A ' S eo .4 D •-7 : uty Clerk , g�. !" ' I Mayor /rnirma =z it 4 - 3 rri _ _ -- - r D V The City of Marathon `_ "'"` Attest: By Y , ViUnk(440 ROL ( City Clerk Mayor 1)1( ar� clam e � it_ OntcOtik Coldlir0 Print Name Print Name Date: &' Z1 'l V Date: (4 ZI —( MONROE COUNTY ATTORNEY ' _ AP' ROVED AS TO ORM: - - • 1 . CHRISTINE LIMBERT- BARROWS ASSISTANT C TY ATTORNEY DATE: Amendment #1 City of Marathon — Sombrero Bcach Facilities Upgrade Project ID# 1867 CERTIFICATE OF COVERAGE ISSUED ON: 7/2/2018 COVERAGEPROVIDEDBY: PREFERRED GOVERNMENTAL INSURANCE TRUST PACKAGE AGREEMENT NUMBER:PK2FLI 044290017 -02 COVERAGE PERIOD: 10/1/2017 TO 10/1/2019 12:01 AM COVERAGES This is to certify that the agreement below has been issued to the designated member for the coverage 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 coverage afforded by the agreement described herein subject to all the terms, exclusions and conditions of such agreement Mail to: Certificate Holder Designated Member Monroe County Board of County Commissioners City of Marathon Monroe County Tourist Development Council 9805 Overseas Highway 1201 White St H102 Key West, FL 33040 Marathon, FL 33050 LIABILITY COVERAGE WORKERS' COMPENSATION COVERAGE X Comprehensive General Liability, Bodily Injury, Property Damage WC AGREEMENT NUMBER: WC2FLI 0442900 17 -01 and Personal Injury Limit $1,000,000 $0 Deductible Self Insured Workers' Compensation X Public Officials Liability Limit $1,000,000 $0 Deductible X Statutory Workers' Compensation AP' 0 •3' BY RI X Employment Practices Liability // ENT X Employers Liability I Limit $1,000,000 $0 Deductible $1,000,000 Each Accident BY 1 ' '1% _e �1� , • X Employee Benefits Liability $1,000,000 By Disease • Limit $1,000,000 $0 Deductible $1,000,000 Aggregate Disease Law Enforcement Liability WAIVER WAA WA_ Limit PROPERTY COVERAGE AUTOMOBILE COVERAGE X Buildings & Personal Property Automobile Liability Per schedule on file with $1,000 Deductible Limit $1,000,000 SO Deductible TrustLimit X All Owned Note: See coverage agreement for details on wind, flood, and other Specifically Described Autos deductibles. X Hired Autos Rented, Borrowed and Leased Equipment X Non -Owned Autos Limit Automobile Physical Damage X Total All other Inland Marine X Comprehensive See Schedule for Deductible Limit $2,210,828 TIV See Schedule for Deductible X Collision See Schedule for Deductible X Hired Auto with limit of $100,000 CRIME COVERAGE X Employee Dishonesty Limit $500,000 $1,000 Deductible X Forgery or Alteration Garage Keepers Limit $500,000 $1,000 Deductible Liability Limit X Theft Disappearance & Destruction Liability Deductible Limit $500,000 $1,000 Deductible Comprehensive Deductible X Computer Fraud Collision Deductible Limit $500,000 $1,000 Deductible NOTEAdditional Covered Party status is excluded for non - governmental entities The most we will pay is further limited by the limitations set forth in Section 768.28(5), Florida Statutes (2010) or the equivalent limitations of successor law which are applicable at the time of loss. u Description of Operations/ Locations/ Vehicles /Special items Certificate of Insurance issued with respect to the Sombrero and Coco Plum Beach Maintenance. This section completed by member's agent, who bears complete responsibility and liability for its accuracy. This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage - afforded by the agreement above. Administrator CANCELLATIONS Public Risk Underwriters® SHOULD ANY PART OF TIIE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE TIIE EXPIRATION DATE THEREOF, PREFERRED GOVERNMENTAL INSURANCE TRUST WILL ENDEAVOR TO MAIL. 44 DAYS WRITTEN NOTICE, OR In DAYS P.O. Box 958455 WRITTEN NOTICE FOR NON - PAYMENT OF PREMIUM, 10 THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL Lake Mary, FL 32795 -8455 SUCH NOTICE SIIALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE PROGRAM ITS AGENTS OR REPRESENTATIVES Producer Public Risk Insurance Agency P. O. Box 2416 Daytona Beach, FL 32115 AUTHORIZED REPRESENTATIVE PGIT -CERT (11/09) PRINT FORM 7/2/2018 Preferred July 02, 2018 Monroe County Board of County Commissioners Monroe County Tourist Development Council 1201 White St #102 Key west, FL 33040 Re: Coverage Agreement - PK2FL1 0442900 17 -02 City of Marathon Effective Date: 10/01/2017 to 10/01/2019 To Whom It May Concern: Preferred Governmental Insurance Trust is unable to name non - governmental entities as an additional covered party due to Florida Statute 768.28. Non - governmental entities do not enjoy sovereign immunity protection under Florida law. Coverage through the Preferred Governmental Insurance Trust is predicated upon the concept of sovereign immunity among all its members. Accordingly, entities which are not eligible for sovereign immunity protection under F.S. 768.28 may not be an additional covered party under the Preferred coverage agreement. We appreciate your 11 nderstanding. Margaret E. Gross, CPCU Director of Underwriting * *If Additional Covered Party status was not requested on the attached certificate, the provisions in this letter do not apply. ** Administered by PUBLIC RISK UNDERWRITERS P.O. Box 958455 *Lake Mary, FL 32795 -8455 •Phone: 321 - 832 -1450