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FY2025-FY2029 1st 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 item has been executed and added to the record: D34 1 st Amendment to Agreement with the City of Key West for Beach Maintenance to execute the option to extend the Agreement for one additional five-year period with negotiated compensation. 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 Ost 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 The City of Key West a Government agency organized and operating under the laws of the state of Florida (Grantee). WHEREAS, there was an Agreement entered into on February 19, 2020 between the parties, awarding $790,500 to Grantee for the City of Key West Beach Maintenance Multi Year Grant ("Agreement"); and WHEREAS, within the Agreement is an option to extend the Agreement for one additional five- year period with negotiated compensation; 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 September 30, 2019 to September 30, 2029. 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 February 19, 2020. 2. Paragraph 3 of the agreement shall be revised to read as follows: AMOUNT OF AGREEMENT AND PAYMENT. The Grantor shall provide an amount not to exceed amount listed below per fiscal year, for materials and services used to improve the property. Year 1 FY2025 October 1, 2024—September 30, 2025 $ 865,000.00 Year 2 FY2026 October 1, 2025—September 30, 2026 $ 900,000.00 Year 3 FY2027 October 1, 2026—September 30, 2027 $ 935,000.00 Year 4 FY2028 October 1, 2027—September 30, 2028 $ 970,000.00 Year 5 FY2029 October 1, 2028—September 30, 2029 $1,005,000.00 Reimbursement request must show that Grantee has paid in full for materials and services relating to the project prior to seeking the 100% (one hundred percent) reimbursement from Grantor. Payment request will be submitted quarterly in an amount not to exceed the total amount listed for each Fiscal Year. 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. 3. Exhibit A shall be amended with revised compensation as attached hereto 4. Any references to termination date and submission of invoices shall be revised to read September 30, 2029. 5. The remaining provisions of the Agreement dated February 19, 2020 shall remain in full force and effect. Amendment 41 City of Key West—Beach Cleaning ID#2324 IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. G, ::;-.','�`'(SEAL) �� Board of County Commissioners ,,r.ti::�z� ����� rnmissioners ,` ,a ye ,`. LL:,`�;`y i-•w. y1 • M o of Monroe County 'r- -�=R�� ��.�tt�•st�:�'Kev�in�� ad k, Clerk 1 i� d i�iiPy,`1. �::\ � Cr k'�`.e? ga �r -,',\-----Vg.3.,:-:.-:if,.1f,,y----.,-;:i.A. ,g...''.F,,.:,,,,iglrai z j, , '''''',7e.,-\q:"-:::.-4.:::':: :.P-:'.1. I p la i i , �._..`,,- ,As`=Dep-ut,Y Cleric Mayor/Chairman 'pro i,,,, 4-G�`y�'.Y„ Su V MONROE COUNTY ATTORNEY PPRpV,. D AS TO FOl : CHRISTINE LIMBERT•BOWS The City of Key West ASSD TE 3�2 24ARR°RNEY Attest: M , ,i,"' .,,,,:;it.7.3-- -';•I'I-P-.1.C:i6;'•ib ,.,;>-..---------). . -._.,---- 1 E a e,� gi eg;ry �F'�y�.'PI, �i fi ,,z�� 1'T /. ��- 8i't yr' am . ,/ _ YRZ �'l �ti i 1 y 1 J A r't y. L_-- ,� e By / /../14 (-- i{PC b - .i ft � tYF. 'Cie,'':''':' -I!' Mayor( .�,,, �fu SV)y, f (,:‘".. / „..-9. ,,,,, 7.,,-1.---0 . ,. . te--7,--4". Print Name Printttame Date: :i;2- Date: -_ 3 7(4/1://:. - - �.,°, ,. Z -,1 /e� 7 4t.>-,tr.-..) cri:.. .,,,c,R! ,. . \ ''. Amendment#1 City of Key West-Beach Cleaning ID#2324 Qo 0 0 0 0 p � 00000 o 0 0 0 0 m E Lfj o Lri o Ln .. L.oOcnr- 0 X H `O 00 0) 0) 0) O c-I a 0 <!} <!} <!} <!} <!} LU = = Ln 1.0 I- 00 61 N N N N N 0 0 0 0 0 E E O F4 F4 F4 F4 F4 LL LL LL LL a / -i N M � Ln N � lJ L L L L L IIIIIIII cu cu cu cu cu v = -------------------------------------------------------------------------------------------------------------------------- N O O a w = U > O '= 00000 > 00000 00000 Q o 0 0 0 0 Q. - 00000 Ln o Ln o Ln 00 m m m C 89C 4- Lr) (.0r- 00rn :A �I U) N N N N N v N O o 0 0 0 o 0 U LL LL LL r.. c-I N M Ln 3 0 m m m o CU CU CU CU CD o a o o E0 CD jr- .p Q.„.. a) O U O N N O m _ N O O N �- o _ N ._ vasCL a� � L X U O o o o L 0 � V) � � � >_ 7 � U .Qo � o � i— O Lu U n- O U _S O >- w ° •H ° N = O O O = Y L H 0 L1J = tom _ cn r � O L 9 0w ... O N N CNl Z cr) H = O O �ro ry Cq � N OQL �m O O Q .�L O N O O oOo N w w L_ L_U ° �U � � w O N � > o ZZ ZZ � = V) L * O N U w 0 710/6/2023 E(MM/DD/YYYY) A�" 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: Jenna Jennings World Risk Management PHONE FAX 20 N. Orange Ave., A/C No Ext: 4074452414 A/C,No):407-445-2868 E-MSuite 500 ADDRESS: jenna.jennings@wrmllc.com Orlando FL 32801 INSURER(S)AFFORDING COVERAGE NAIC# wsURERA: Public Risk Management of FL( 11111 INSURED KEYWEST-01 INSURER B: City of Key West 1300 White Street INSURERC: Key West FL 33040 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2080119769 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 A X COMMERCIAL GENERAL LIABILITY PRM023-010-073 10/1/2023 10/1/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) $EXCLUDED PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY❑ PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: SELF INS.RETENTION $100,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 PRM023-010-073 10/1/2023 10/1/2024 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED A UTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X APD SELF INS.RETENTION $25,000 UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION PRM023-010-073 10/1/2023 10/1/2024 PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER SIR $325,000 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: City of Key West Beach Maintenance Multi Year FY 2022 Capital Project Funding-Beach Cleaning[Contract ID#2324] With respects to the listed coverage held by the named insured,as evidence of insurance. Per the Attorney General's Opinion,as Per FL Statute 768.28,governmental entities may not add another party as an additional insured. 16K fi 4.4.24 CERTIFICATE HOLDER CANCELLATION DATE� """"` -" WAN" Oil, SHOULD ANY OF THE -- —---- --- --—----— -------- — — THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners C/o Risk ACCORDANCE WITH THE POLICY PROVISIONS. Management&Monroe County TDC P.O. Box 1026 AUTHORIZED REPRESENTATIVE Key West FL 33041 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD