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FY2023 2nd Amendment 08/21/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: August 28, 2024 TO: Ammie Machan, Administrative Assistant Tourist Development Council Julie Cuneo Office of Management and Budget FROM: Liz Yongue, Deputy Clerk SUBJECT: August 21, 2024 BOCC Meeting The following item has been executed and added to the record: D2 2nd Amendment to Agreement with Dolphin Research Center, Inc. to extend the agreement for the DRC Sea Lion Habitat Project. 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 (2"d AMENDMENT) TO AGREEMENT THIS AMENDMENT to Agreement dated this 21st day of August 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 19, 2022 between the parties, awarding $488,655 to Grantee for the DRC Sea Lion Habitat Project ("Agreement"); and WHEREAS, there was an amendment to Agreement entered into on April 19, 2023 revise the termination date of the agreement to September 30, 2024 due to contractor delays; and WHEREAS, it has become necessary to revise the termination date of the Agreement to September 30, 2025 due to further contractor 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 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 19, 2022. 2. Any references to termination date and submission of invoices shall be revised to read September 30, 2025. 3. The remaining provisions of the agreement dated October 19, 2022 and amended on April 19, 2023 shall remain in full force and effect. REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Amendment 42 Dolphin Research Center—Sea Lion Habitat ID#2855 IN WITNESS WHEREOF, the parties have set.their hands and seal on the day and year first above Written. ;;i.-ir-°""sr,-,,,, . S� '� ` -` • Board of County Commissioners' . � � � $At. kp Madok, Clerk. of Monroe. County. f"� �;��*�n''t6 w . -1/4----,,,' ,‘,,,,wit'Iti!..z. :41,317,67,fi,L 4,,, I. _. . 1 1 .SG Ij�Y..aL�� rtiP✓ r.'� � \,%.,,,IrZigliii*A I,O#A. eott4() # \''''',;''',7'1----'''''''' ::\\_ e Clerk Ma r1Ch i:. t ,,... �. ,A uty yo airman N10NROE COUNTY ATTORNEY I CHRISTINE Ll BERT=BARROWS Dolphin Research Center, Inc. ASSISTANT COUNTY ATTORNEY Y DATE;._Z/22L24 i. i * __kr/ President 'y A1rA tiii . 47)-:. pa ,.....71 • - 1RLoi i-rir-; (7) c:t,,c-) co — Print Name j. rr Date: aof__• y - — AMC' _____7_fi /1 -1,1 Jr" , . TWO / ii 4,_ 7 ,1"/ 1) . . (2) . • .2 (1) AM. (2) \,k trOS V , Print Name Print Name Date: , • 1 a.. . Date: 1 I \ 1 eic)z.q Amendment#2 Dolphin Research Center Sea Lion Habitat 1D#2855 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: Dolphin Research Center, Inc. Vendor FEIN: 59-2072869 Vendor's Authorized Representative: - Rita Irwin, President/CEO (Name and Title) Address: 58901 Overseas Highway City: Grassy Key State: FL Zip: 33050-6019 Phone Number: 305-2859-1121 Email Address: rita@dolphins.org As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: Rita Irwin who is authorized to sign on beh If of the above referenced company. Authorized Signature: Print Name: Rita Irwin Title: President/CEO- DATE(MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 08/06/2024 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 11991 Dolphin Research Center,Inc.,DBA:DRC INSURER C: 58901 Overseas HWY INSURER D: INSURER E: Grassy Key FL 33050 INSURER F: COVERAGES CERTIFICATE NUMBER: CL248608555 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 MM/DD/YYYY MM/DD/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 SNCGL1815604 06/30/2024 06/30/2025 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 SNAUT0085304 06/30/2024 06/30/2025 BODILY INJURY(Per accident) $ /� AUTOS ONLY AUTOS X HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident X Mobile Eqmt PIP-Basic $ 10,000 UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A X EXCESS LAB CLAIMS-MADE SNFXS0089704 06/30/2024 06/30/2025 AGGREGATE $ 1,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION X1 STER ATUTE 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 WCC33073913 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. :A7 REFERENCE NUMBER:FX00000039 Fsy ) ° 8.22.24 DMA �,­ .., � w� a CERTIFICATE HOLDER CANCELLATION WAMM ? u m -- 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