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1st Amendment 09/19/2018GJ Z COURTS ° o: Kevin Madok, CPA .... Y1 Clerk of the Circuit Court & Comptroller — Monroe Count Florida •R OE COUN DATE: September 21, 2018 TO: Arnmie Machan, Administrative Assistant Tourist Development Council FROM: Pamela G. Hancock, D.C. SUBJECT: September 19' BOCC Meetings Attached are electronic copies of the following Items for your handling: E1 Amendment to Agreement with Dolphin Research Center, Inc. for the DRC Ice Machine/ Railings /Freezer /Door project to revise Exhibit A (Scope of Semce) of the Agreement to remove the widening of theatre door portion of the project and reduce the funding allocation to $12,285.00. E4 Amendment to Agreement for TDC professional website semces to reuse the Agreement and subsequent Amendments to clarify that the name of the corporation in which the County is contracting with is Cooke Communications, Inc. d/b /a Two Oceans Digital and FloridaKeys. com. 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 (1 AMENDMENT) TO AGREEMENT THIS AMENDMENT to Agreement dated this icri" day ofS3 Cr2018, is entered into by and between the Board of County Commissioners for Monroe County, on behalf of the Tourist Development Council, 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 December 13, 2017 between the parties, awarding $16,822 to Grantee for the DRC Ice Machine /Railings /Freezer/Theatre Door Project ( "Agreement "); and WHEREAS, it has become necessary to revise Exhibit A of the Agreement outlining scope of services for the project to remove the portion of the project pertaining to widening of the theater door due to being unable to hire a contractor to complete this portion of the work by the contract expiration date; and WHEREAS, it due to the reduction in the scope of service for the project, the amount of funding for the project has been reduced to $12,285; and NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amend Agreement as follows: 1. 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 $12,285 (Twelve Thousand Two Hundred and Eighty Five Dollars TDC District III 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 75% (seventy five percent) reimbursement from Grantor. Payment shall be 75% (seventy five 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 December 13, 2017 shall remain in full force and effect. REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Amendment #1 Dolphin Research Center, Inc. — Ice Machine, Railings, Freezer and Door Project ID# 2015 Fr • C ' fin �R9 WITNESS WHEREOF, the parties have set their hands and seal on the day and year first ,-.`PV w ritt e A M SL Board of County Commissioners i • e� e _ v" ati`' dok, Clerk of Monroe County tiQ Y J1 O a couH,v. l,9' fr d0.7%.>_____ 0 -----4--- Deputy Clerk Mayor /Chairman Dolphin Research Center, Inc. MONROE COUNTY ATTORNEY CHRISTINE LIMBERT -B 0 S ASSISTANT • Ay ORNEY By d,A--, DATE: .r, kg President Print Name Date: 9/9/aoi3 3 1...ac=11 AND TWO WITNESSES = ; -0. = rn ( (2) 2(444/ w 6 (1) AMY J, i4y 2 (2) , Print Name Cr /i�rc��e Print Nam Date: g an I s • Date: 9 ao 1 r Amendment #1 Dolphin Research Center, Inc. Ice Machine, Railings, Freezer and Door Project ID# 2015 , REVISED EXHIBIT A NAME OF ENTITY: Dolphin Research Center, Inc. NAME OF PROJECT: DRC Ice Machine /Railings /Theater Door 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: • Install permanently installed ice machine under Bayside Building • Install new railings on fish freezer building Total Cost: $16,380 TDC portion: $12,285 (In order for this segment to be reimbursed, acknowledgement of TDC In -Kind: No in - kind will be used funding must be in place and proof in the form of pictures provided with towards reimbursement of this submission for reimbursement of this segment. This acknowledgement project. shall not be covered as part of the TDC reimbursement - see contract paragraph 2) Page 1 of 1 • ACRD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 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 endorsement(s). PRODUCER NAMEACT NAME: EVENTS & ATTRACTIONS K &K INSURANCE GROUP, INC. PHONE g00- 553 -8368 FAX 260-459-5624 P.O. BOX 2338 E No, Ext): (A /C, No): 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. GRASSY KEY, FL 33050 INSURER D: 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 SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MMIDDIYYYY) (MM /DDIYYYY) A X COMMERCIAL GENERAL LIABILITY Y KK00000021912700 5/1/2018 5/1/2019 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR 12:01 AM 12:01 AM DAMAGE TO RENTED $300 000 PREMISES (Ea Occurrence) MED EXP (Any one person) EXCLUDED PERSONAL &ADVINJURY $1,000,000 GENERAL AGGREGATE NONE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS — COMP/OP AGG $5,000,000 X POLICY PROJECT LOC LEGAL LIAB TO PARTICIPANTS NC OTHER: PROFESSIONAL LIABILITY A AUTOMOBILE LIABILITY KK00000021912900 5/1/2018 5/1/2019 CO accident) $1,000,000 INGLE LIMIT $1,000,000 (Ea ANY AUTO 12:01 AM 12:01 AM BODILY INJURY (Per person) X OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) HIRED NON -OWNED R PERTY 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 LIAB CLAIMS -MADE 12:01 AM 12:01 AM AGGREGATE $2,000,000 DED n RETENTION pct B WORKERS COMPENSATION N/A WCC330739A 4/1/2018 4/1/2019 PER I (OTHER AND EMPLOYERS' LIABILITY X STATUTE ANY EXECUTIIVEOFF MEMBER Y/N 12:01 AM 12:01 AM E.L. EACH ACCIDENT $1,000,000 EXCLUDED? (Mandatory in NH) If yes, desc be under E.L. DISEASE — EA EMPLOYEE $1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE— POLICY LIMIT $1,000,000 PARTICIPANT ACCIDENT AD &D Primary Medical Excess Medical Weekly Indemnity DESCRIPTION OF OPERATIONS 1 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. APPROVED �RI�SK NAGEMENT CERTIFICATE HOLDER BY M, �a C.ir CANCELLATION MONROE COUNTY BOCC DATE CC-51 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 500 WHITEHEAD STREET 1 EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH \\ II THE POLICY PROVISIONS. KEY WEST, FL 33040 WAIVER N/& V YES._ AUTHORIZED REPRESENTATIVE //)IC� pr— /{/J, ACORD 25 (2016/03) © 1988 -2015 ACORD CORPORATION. All rights reserved. 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