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FY2024 4th Amendment 04/17/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: April 25, 2024 TO: Ammie Machan, Administrative Assistant Tourist Development Council FROM: Liz Yongue, Deputy Clerk SUBJECT: April 17, 2024 BOCC Meeting The following items have been executed and added to the record: D15 4th Amendment to Agreement with Dolphin Research Center, Inc. for the Restore Dolphin Lagoons project to extend the completion date of the project to September 30, 2025. D21 Agreement with Dolphin Research Center, Inc. for the DRC Dolphin Statue Restoration Project in an amount not to exceed $41,756 DAC III FY 2024 Capital Resources. D22 Agreement with Dolphin Research Center, Inc. for the DCR Welcome Center Railings Project in an amount not to exceed $172,215 DAC III FY 2024 Capital Resources. Should you have any questions please feel free to contact me 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 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AMENDMENT (4th AMENDMENT) TO AGREEMENT THIS AMENDMENT to Agreement dated this 17th day of April 2024, 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 October 16, 2019 between the parties, awarding $130,000 to Grantee for the DRC Restore Dolphin Lagoons ("Agreement"); and WHEREAS, there was an Amendment to Agreement on April 21, 2021 to revise the termination date of the Agreement to September 30, 2022 due to delays, and WHEREAS, there was an Amendment to Agreement on April 20, 2022 to revise the termination date of the Agreement to September 30, 2023 due to further delays; and WHEREAS, there was an Amendment to Agreement on April 19, 2023 to revise the termination date of the Agreement to September 30, 2024 due to further delays; and WHEREAS, it has become necessary to revised to termination date of the Agreement to September 30, 2025 due to further 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 16, 2019 to September 30, 2025. 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 16, 2019 and amended on April 21, 2021, April 20, 2022 and April 19, 2023. 2. Reimbursement request for this project may not be submitted until after October 1, 2024. 3. Any references to termination date and submission of invoices shall be revised to read September 30, 2025. 4. The remaining provisions of the agreement dated October 16, 2019 and amended on April 21, 2021, April 20,2022 and April 19, 2023 shall remain in full force and effect. REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Amendment 44 Dolphin Research Center—Restore Dolphin Lagoons ID#2347 IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first abomew_ ritten. - ..".,„ .-...(4. , SEAL)-, "•-‘,',„.ill.,:\ Board of County Commissioners 1,--;-,,-, -ii AttettKevityMadok, Clerk of Monroe County ,\I\t'l ;,..1-,c ,;''',.,;,', .---:::-:- i i',„,...',:::i:-.y:,4 1 ,'-..--:---,-:?,,, ',,' v4.I puty Clerk Mayor/Chairman -,--- l'. ,i 1 te,dit'S Ii-kird LtA-- ‘-tHIY;1•",' C,..ii.:,.,01I,',I.tiati:411.......!?,k,,,,,,,, Dolphin Research Center, Inc. i II ) II f ,' - • '-r ,... t,-- By4.2.7_1 i'.- „„ . _ ......— President . _ . ..1 ,)......itS1..., ......___.- . . Print Name Date: 3 1if a 0 _.' (-?:„.9.9„,..-i, _____ 2.: r-ri I— CJ1 C) AND TWO WITNESSES n (1) ve-,) (1) 1)11/11 u/IY, tR ) .J -in> a. eug ,....) (2) .1* A Print Name Print Name Date: -- ,3 d..._ ) if), Li Date: _3IQ1QiL__ ...„,.., AnAcndincni N4 Dolphin Rewarch Ccnter-.Restore!Dolphin Lagoons II) 2347 , DATE(MMIDD/YYYY) AC"R" CERTIFICATE OF LIABILITY INSURANCE 04/16/2024 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 Joseph Markas NAME: Century Advisory Services,Inc. HC N Ext: (561)409-2420 A/c,No: (561)367-3126 1900 NW Corporate Blvd. E-MAIL Joseph.Markas@centuryra.com ADDRESS: Suite 400E INSURER(S)AFFORDING COVERAGE NAIC# Boca Raton FL 33431 INSURERA: Arch Insurance Company 11150 INSURED INSURER B: National Casualty Company Dolphin Research Center,Inc. INSURER C: 58901 Overseas HWY INSURER D: INSURER E: Grassy Key FL 33050 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2362806386 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 1,000,000 MED EXP(Any one person) $ EXCLUDED A Y SNCGL1815603 06/30/2023 06/30/2024 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 5,000,000 JECT LOC PRODUCTS-COMP/OPAGG $POLICY El PRO 5,000,000P1 OTHER: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ A X OWNED SCHEDULED Y SNAUT0085303 06/30/2023 06/30/2024 BODILY INJURY(Pe r accide nt) $ /� AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident PIP-Basic $ 10,000 UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A X EXCESS LAB CLAIMS-MADE SNFXS0089703 06/30/2023 06/30/2024 AGGREGATE $ 1,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION X1 STATUTE EORH AND EMPLOYERS'LIABI LI TY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? ❑ N/A WCC330739A 04/01/2024 04/01/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is included as Additional Insured(Blanket Basis,or Automatic Status)as respects Commercial General Liability and Auto Liability only when required by written contract. REFERENCE NUMBER:FX00000039 T By .a �rvrv . 4 17.24 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. Insurance Compliance AUTHORIZED REPRESENTATIVE P O Box 100085-FX Duluth GA 30096 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD