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1st Amendment 05/17/2023 X Kevin Madok, cpA Clerk of the Circuit Court& Comptroller— Monroe County, Florida DATE: Mav 17, 2023 TO: Aninile Maclian, Administrative Assistant Tourist Development Council " 1 FROM: Paiiiela G. Hanco 4 C 13 ' ' SUBJECT: May 17" BOCC Meeting Attached are electronic copies of tic following items for your liaii(fling: DI l" .40iien(linent to Agreement witli the Pigeon Key Foundation, Inc. for the Pigeon Key ADA Ramp project to extend the completion (late to June 30, 2024. D2 I"Amendment to Agreement witli dic Pigeon Key Foundation, Inc. for the Pigeon Key Paint Forenians Donii Roof Replacement project to extend the completion (late to June 30, 202 t. D5 I" Amendment to Agreement imtli I Tpper Keys Community Pool, Inc. for the Jacobs Aquatic Center Pump ari(l Saii(l Filter proje ct to revise Exhibit A of the Agreement outlining scope ol'senices for tic Project. D6 1st Anicii(Inient to Agreement witli City ol'Maratlion for the Quay Restrooni Project to extend tie completion (late ot'dic project to March 31, 2021. Should you leave any questions please feel free to contact nic at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 3300 Marathon, Florida 3300 Plantation Key, Florida 33070 AMENDMENT 1st AMENDMENT TO AGREEMENT THIS AMENDMENT to Agreement dated this 17th day of Ma.L 2023, 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 October 19, 2022 between the parties, awarding $245,000 to Grantee for the City of Marathon Quay Restroom II Project (Public Facilities Category) ("Agreement"); and WHEREAS, it has become necessary to revise the termination date of the project to March 31, 2024 due to delays, 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 October 19, 2022 to March 31, 2024. 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 19, 2022. 2. Reimbursement request for the project may not be submitted until October 1, 2023, 3. Any references to termination date and submission of invoices shall be revised to read March 31, 2024. 4. The remaining provisions of the Agreement dated October 19, 2022 shall remain in full force and effect. REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Amendment#t City of Marathon—Quay Restu oom(Public Facility Category) [D#2853 ESS WHEREOF, the parties have set their hands and seal on the day and year first Board of County Commissioners adok, Clerk of Monroe C-OU 7 -err�an As Deputy Clerk Mal or/Chairrnan MONROE COUNTY ATTORNEY L6M%=U!&Qd2j0 CHRISTINE LIMBERT,BARROWS ASSISTANT COUNTY ATTORNEY DATE 4118123 The City of Marathon Attest: By. B y City Clerk P" q We- Mal-yvor Print Name Print Name Date: Date: C Amendment#I City ol"Marathon- Quay Restroorn (Public I-acilitv Category) I D#2853 T' CERTIFICATE OF COVERACi 2 3SUED ON: 09/26/2022 COVERAGE PROVIDED BY:PREFER WAN ' X _-E TRUST PACKAGE AGREEMENT NUMBER: PK FL 10442900 22-07 COVERAGE PERIOD: 10/01/2022 TO 10/01/2023 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,Monroe County Tourist City of Marathon Development Council 9805 Overseas Highway 1201 White Street,Ste 102 Marathon,FL 33050 Key West,FL 33040 LIABILITY COVERAGE WORKERS'COMPENSATION COVERAGE X Comprehensive General Liability,Bodily Injury,Property Damage WC AGREEMENT NUMBER: and Personal Injury: Limit $1,000,000 $0 Deductible Self Insured Workers'Compensation X Employee Benefits Liability Limit $1,000,000 $0 Deductible X Employment Practices Liability Statutory Workers'Compensation Limit $1,000,000 $0 Deductible X Public Officials Liability Employers Liability $ Each Accident Limit $1,000,000 $0 Deductible $ By Disease Law Enforcement Liability $ Aggregate Disease Limit Deductible PROPERTY COVERAGE AUTOMOBILE COVERAGE X Buildings&Personal Property X Automobile Liability Limit:Per schedule on file with Trust $1,000 Deductible Limit $1,000,000 $0 Deductible Note:See coverage agreementfor wind,flood,and other deductibles. X All Owned X Rented,Borrowed and Leased Equipment Specifically Described Autos Limit:$38,119 TIV See Schedule for Deductible X Hired Autos X Total All other Inland Marine X Non-Owned Autos Limit:$ 1,928,891 TIV See Schedule for Deductible X Automobile Physical Damage CRIME COVERAGE X Comprehensive See Schedule for Deductible X Employee Dishonesty X Collision See Schedule for Deductible Limit$500,000 $1,000 Deductible X Hired Auto with limit of$100,000 X Forgery or Alteration Limit$500,000 $1,000 Deductible Garage Keepers X Theft Disappearance&Destruction Liability Limit Limit$500,000 $1,000 Deductible Liability Deductible X Computer Fraud Comprehensive Deductible Limit$500,000 $1,000 Deductible Collision Deductible NOTE:Additional 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. Description of Operations/Locations/Vehicles/Special items-(This section completed by member's agent,who bears complete responsibility and liability for its accuracy): Certificate of Insurance issued with respect to the Grant Agreement No.2487 for construction of a Restroom at the Quay Park/Boat Ramp. 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 OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE P.O.BOX 958455 EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE Lake Mary,FL 32795-8455 COVERAGE AGREEMENT PROVISIONS. Producer Public Risk Insurance Advisors 300 North Beach Street, Daytona Beach,FL 32114 AUTHORIZED REPRESENTATIVE PGIT-CERT(1/19)PRINT FORM 09/26/2022 Print Date:9/26/2022 rred 09/26/2022 Monroe County Board of County Commissioners,Monroe County Tourist Development Council 1201 White Street,Ste 102 Key West , FL , 33040 Re: Coverage Agreement - PK FLl 0442900 22-07 City of Marathon Effective Date: 10/01/2022 TO 10/01/2023 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 understanding. Margaret E. Gross, CPCU Director of Underwriting "IfAdditional 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+Fax: 321-832-1489 Print Date:9/26/2022 CERTIFICATE OF COVERAGE ISSUED ON: 09/26/2022 COVERAGE PROVIDED BY:PREFERRED GOVERNMENTAL INSURANCE TRUST PACKAGE AGREEMENT NUMBER: PK FL 1 0442900 22-07 COVERAGE PERIOD: 10/01/2022 TO 10/01/2023 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,Monroe County Tourist City of Marathon Development Council 9805 Overseas Highway 1201 White Street,Ste 102 Marathon,FL 33050 Kev West FL 33040 LIABILITY COVERAGE WORKERS'COMPENSATION COVERAGE X Comprehensive General Liability,Bodily Injury,Property Damage WC AGREEMENT NUMBER: and Personal Injury: Limit $1,000,000 $0 Deductible Selflnsured Workers'Compensation X Employee Benefits Liability Limit $1,000,000 $0 Deductible X Employment Practices Liability Statutory Workers'Compensation Limit $1,000,000 $0 Deductible Employers Liability X Public Officials Liability $ Each Accident Limit $1,000,000 $0 Deductible $ By Disease Law Enforcement Liability $ Aggregate Disease Limit Deductible PROPERTY COVERAGE AUTOMOBILE COVERAGE X Buildings&Personal Property X Automobile Liability Limit:Per schedule on file with Trust $1,000 Deductible Limit $1,000,000 $0 Deductible Note:See coverage agreementfor wind,flood,and other deductibles. X All Owned X Rented,Borrowed and Leased Equipment Specifically Described Autos Limit:$ 38,119 TIV See Schedule for Deductible X Hired Autos X Total All other Inland Marine X Non-Owned Autos Limit:$ 1,928,891 TIV See Schedule for Deductible X Automobile Physical Damage CRIME COVERAGE X Comprehensive See Schedule for Deductible X Employee Dishonesty X Collision See Schedule for Deductible Limit $500,000 $1,000 Deductible X Hired Auto with limit of $100,000 X Forgery or Alteration Limit $500,000 $1,000 Deductible Garage Keepers X Theft Disappearance&Destruction Liability Limit Limit $500,000 $1,000 Deductible Liability Deductible X Computer Fraud Comprehensive Deductible Limit $500,000 $1,000 Deductible Collision Deductible NOTE:Additional 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. Description of Operations/Locations/Vehicles/Special items-(This section completed by member's agent,who bears complete responsibility and liability for its accuracy): Certificate of Insurance issued with respect to the Grant Agreement No.2487 for construction of a Restroom at the Quay Park/Boat Ramp. 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 OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE P.O.BOX 958455 EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE Lake Mary,FL 32795-8455 COVERAGE AGREEMENT PROVISIONS. Producer Public Risk Insurance Advisors 300 North Beach Street, Daytona Beach,FL 32114 AUTHORIZED REPRESENTATIVE PGIT-CERT(1/19)PRINT FORM 09/26/2022 Print Date:9/26/2022 rred 09/26/2022 Monroe County Board of County Commissioners,Monroe County Tourist Development Council 1201 White Street,Ste 102 Key West , FL , 33040 Re: Coverage Agreement - rx V L>I U4429UU 22-U City of Marathon Effective Date: 10/01/2022 TO 10/01/2023 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 understanding. Margaret E. Gross, CPCU Director of Underwriting "IfAdditional 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+Fax: 321-832-1489 Print Date:9/26/2022