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2nd 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: D30 2nd Amendment to Agreement with City of Marathon for the Quay Restroom (Public Facilities)project to extend the completion date of the project to September 30, 2024. 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 2nd 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 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, there was an Amendment to Agreement entered into on May 17, 2023 to revise the termination date of the project to March 31, 2024 due to delays, and WHEREAS, it has become necessary to revise the termination date of the project to September 30, 2024; 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 September 30, 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 and amended on May 17, 2023. 2. Any references to termination date and submission of invoices shall be revised to read September 30, 2024. 4. The remaining provisions of the Agreement dated October 19, 2022 and amended on May 17, 2023 shall remain in full force and effect. REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Amendment#2 City of Marathon—Quay Restroom(Public Facility Category) ID#2853 IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. n.] `a�:-ram 1�'�:c:.�"��_•,,I�l�� .:"i% �•Ip�•i��2_.:.•:v�•a...�:.•^may Board of County Commissioners Madok, Clerk of Monroe County lc 1 I W(1)/yV1 , # :As-Deputy lerk Mayor/Chairman MONROE COUNTY ATTORNEY 4PPR V,ED AS TO FO 4: CHRISTINE LIMBERT-HARROWS ASSISTANT COUNTY ATTORNEY The City of Marathon DATE 3/28/24 Attest: p i By. 4-1/0:,64 B i#. ef#t144 1 Mayor tke,,r( t finetf(- ( Print Name Print Name Date: 3---aa- D ate: ). .:.�.. rTi 4't` Cii .✓,r�.��♦ram' CPI rw Amendment#2 City of Marathon—Quay Restroom(Public Facility Category) ID#2853 CERTIFICATE OF COVERAGE ISSUED ON: 04/04/2024 COVERAGE PROVIDED BY:PREFERRED GOVERNMENTAL INSURANCE TRUST PACKAGE AGREEMENT NUMBER: WC FL 10442900 23-07 COVERAGE PERIOD: 10/01/2023 TO 10/01/2024 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. PA44. 61t T Mail to:Certificate Holder DesignatedMMember 0 � Monroe County Board of County Commissioners,Monroe County Tourist City of Marathon by . Development Council 9805 Overseas Highway 4" 1201 White St.#102 Marathon,FL 33050 Key West,Florida 33040 WAK LIABILITY COVERAGE WORKERS'COMPENSATION COVERAGE Comprehensive General Liability,Bodily Injury,Property Damage WC AGREEMENT NUMBER: NYC FL 0442900 23-07 and Personal Injury: Limit Deductible Self Insured Workers'Compensation Employee Benefits Liability Limit Deductible Employment Practices Liability X Statutory Workers'Compensation Limit Deductible Public Officials Liability X Employers Liability $1,000,000 Each Accident Limit Deductible $1,000,000 By Disease Law Enforcement Liability $1,000,000 Aggregate Disease Limit Deductible PROPERTY COVERAGE AUTOMOBILE COVERAGE Buildings&Personal Property Automobile Liability Limit:Per schedule on file with Trust Deductible Limit Deductible Note:See coverage agreementfor wind,flood,and other deductibles. All Owned Rented,Borrowed and Leased Equipment Specifically Described Autos Limit:$0 TIV See Schedule for Deductible Hired Autos Total All other Inland Marine Non-Owned Autos Limit:$0 TIV See Schedule for Deductible Automobile Physical Damage CRIME COVERAGE Comprehensive See Schedule for Deductible Employee Dishonesty Collision See Schedule for Deductible Limit Deductible Hired Auto with limit of Forgery or Alteration Limit Deductible Garage Keepers Theft Disappearance&Destruction Liability Limit Limit Deductible Liability Deductible Computer Fraud Comprehensive Deductible Limit 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 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 �y Risk Management Associates,Inc. ��G /� Z_ 300 North Beach Street, Daytona Beach,FL 32114 AUTHORIZED REPRESENTATIVE PGIT-CERT(1/19)PRINT FORM 04/04/2024 Print Date:4/4/2024 rred 04/04/2024 Monroe County Board of County Commissioners,Monroe County Tourist Development Council 1201 White St.#102 Key West , Florida , 33040 Re: Coverage Agreement - WC FL1 0442900 23-07 City of Marathon Effective Date: 10/01/2023 TO 10/01/2024 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:4/4/2024