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3rd Amendment 11/17/2021 °VAS C°UR"c 0 o: Kevin Madok, CPA yo .... .. Clerk of the Circuit Court& Comptroller— Monroe County, Florida �R°E COUNT DATE: December 1, 2021 TO: Brearme Erickson, Contract/Budget Adtuiiiistrator Project Management Stan Thompson, Contract Adtuiiiistrator Project Management FROM: Pamela G. Hancock, D.C. SUBJECT: November 17'BOCC Meeting The following documents are being proxuded for your handling: E5 1st Arueudtueut to Task Order with Bender &Associates for additional design serxuces for telephone, data, and security systems for the Public Defender's Office ill the amottrit of$10,930.00. Ftuiduig proxrided by the One-Cent Infrastructure Sales Tax. E8 3rd Arueudtueut to the Adtuiiiistrative Agreement with the Florida Keys Council of the Arts (FKCA) to rexrise the hourly rates for staff members. The Adtuiiiistrative Agreement allows FKCA to utilize 10% of the art fiuiduig for each project for adtuiiiistrative expenses incurred per Orduiance No. 022-2001. E9 4th Arueudtueut to the Contract Agr eemeut for Engineering Design and Permitting Ser-NriCes for the Rowell's Waterfront Park development with SAME, Inc. ill the not to-exceed atuotuit of$212,500.00. This project is fiuided by the one-cent infrastructure sales tax. Ell 211d Change Order to the Contract with Gary's Plumbing and Fire, Inc. ill the atuotuit of$499,937.50 for the fire pump installation and all final connections on Pigeon Key ill the amottrit of$499,937.50 to be paid by Tourist Development Cotuicil Grants #2660, 2655, 2638, and 2629. Fl 1st Arueudtueut to the Agreemeut with Sea Tech of the Florida Keys, Inc. ill the atuotuit of$13,650.00 for the repair of the Veterans Memorial Park restroom builduig which was damaged during Hurricane Irma. Should you have airy questions please feel free to contact me at(305) 292-3550. cc: Coruity Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 THIRD AMENDMENT TO ADMINISTRATIVE AGREEMENT MONROE COUNTY ARTS IN PUBLIC PLACES This THIRD AMENDMENT dated the 171h of November, 2021, is entered into by and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, ("County"), and the FLORIDA KEYS COUNCIL OF THE ARTS ("FKCA"). WHEREAS, the Art in Public Places Ordinance 4022-2001, codified at MCC §2-233, provides for an appropriation of 1% of the construction costs for new construction exceeding $500,000.00 and renovations exceeding $100,000.00 for the acquisition, commission, installation, and maintenance of works of art in said buildings; and WHEREAS, on July 20, 2016,the parties entered into an Administrative Agreement where the AIPP committee can utilize ten percent (10%) of the art funding for each project for certain reimbursement of administrative expenses incurred by the FKCA ("Agreement"); and WHEREAS, on August 15, 2017, the parties agreed to a First Amendment to the Agreement updating two of the personnel that needed to be properly identified and designated for reimbursement eligibility; and WHEREAS,on July 17,2019,the parties agreed to a Second Amendment to the Agreement extending the agreement period for an additional three (3)years until September 20, 2022; and WHEREAS, the FKCA has requested an update to the hourly pay rate for their employees which have remained the same since the original Agreement was executed. NOW THEREFORE, in consideration of the mutual covenants and payment contained herein,the parties have entered into this Agreement on the terms and conditions as set forth below: 1. Paragraph l.a. of the Agreement is amended as follows: a. The FKCA may be reimbursed for personnel (as listed below) for their time spent associated with a project, at their hourly rate, including but not limited to the issuance of RFQs and RFPs, collating and distributing responses,providing administrative support during evaluation meetings, and preparation and processing of contracts: NAME FUNCTION HOURLY RATE Elizabeth Young Administration $38.46 Martha Resk Administration $30.23 Cynthia Page Administration $27.89 Page 1 of 2 The services performed by the above personnel shall be reimbursed at their hourly rate. A schedule of°services must be approved the Director of Project Management. 2. In all ether respects, the original Agreement dated July 20, 2016, as first amended o August 15, 2017, as second amended on July 17, 2019 remains unchanged. 1%,iESS WHEREOF, each party causes this Third Amendment to the Agreement to be duly authorized representative on the day and year first written above_ 3 BOARD OF COUNTY COMMISSIONERS MADOK, Clerk OF MONROE COUNTY, FLORIDA npy k ° y. As DeputyClerk � lCai aan� mw M0f41-7®E COUNTY A•1 TC38 Nr=Y`S Of-FACE APE-SCWED T o a 0-2 0?I_ FLORIDA YS COUNCIL F THE ARTS Witness: Eby: fAoqu B y I��lizabeth 111` ung r Print Name: phi � �� � lvx'c"a LV,., Oirector Date: fbAjw Date: I Page 2 of 2 710/29/2021 E(MM/DD/YYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE 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 CONTACT NAME: Gateway-Acentria Insurance, LLC PHONE FAX 2430 W. Oakland Park Blvd. A/C No Ext: 954-735-5500 vc,No):954-735-2852 E-MFort Lauderdale FL 33311 ADDRESS: certificates@gatewayins.com INSURER(S)AFFORDING COVERAGE NAIC# wsURERA:Arch Insurance Company 11150 INSURED FLKECOU-CD INSURERB: MSA Insurance Company 11066 FL Keys Council of the Arts Inc 1100 Simonton Street INSURERC: Key West FL 33040 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1121808651 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 EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD B X COMMERCIAL GENERAL LIABILITY Y BPG48805 9/30/2021 9/30/2022 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR Approved Risk Management PREMISES Ea occurrence) ccurrence $500,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 0-29-202 POLICY❑ JECT GENERAL AGGREGATE $2,000,000 PRO � LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y BPG48805 9/30/2021 9/30/2022 COMBINED SINGLE LIMIT $500,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICE R/M EMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Directors&Officers NFP0129957-03 12/1/2020 12/1/2021 Agreggate $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Location Address: 1100 Simonton Street, Key West, Florida 33040-3110 Host liquor liability included. Monroe County Board of County Commissioners is listed as an Additional Insured with respect to the General Liability/Auto as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Comissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD