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HomeMy WebLinkAbout2nd Amendment 08/20/2025 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: August 26, 2025 TO: John Allen, Director Parks & Beaches Tammy Acevedo Budget& Contract Specialist Erika Nodal Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: August 20, 2025 BOCC Meeting The attached item has been executed and added to the record: 04 2nd Amendment to the Agreement for Operation and Management Services at Jacobs Aquatic Center, amending Section 7, Reimbursement and Fees, to require that the applicable basic services fees schedule be set forth in an exhibit, and approval of the proposed basic services fees increase reflected in Exhibit"A" to the amendment. 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 SECOND AMENDMENT TO THE AGREEMENT FOR OPERATION AND MANAGEMENT SERVICES AT JACOBS AQUATIC CENTER, MONROE COUNTY, FLORIDA This Second Amendment(the"Second Amendment")to the Agreement for Operation and Management Services at Jacobs Aquatic Center (the "Agreement") is made and entered into this 20th day of August, 2025, between MONROE COUNTY, a political subdivision of the State of Florida(hereinafter"County"), whose address is 1100 Simonton Street, Key West,Florida 33040, and STANDGUARD AQUATICS,a Georgia corporation,hereinafter referred to as "Standguard", whose address is 5665 Atlanta Highway, Suite 103-168, Alpharetta.GA, 30004. WHEREAS, on January 31, 2024, the Monroe County Board of County Commissioners ("BOCC") awarded a two (2) year contract to Standguard for the operation and management of the Jacobs Aquatic Center; WHEREAS,on April 17,2024,the BOCC approved a First Amendment to the Agreement, which originally required Standguard to submit operating expenses for reimbursement; however, after further discussions between Standguard and County staff, it was determined to be in the best interest of the County to amend the Agreement to clarify that the County will provide Standguard with a management fee not to exceed $495,800.00 annually, or $41,316.66 per month, less the Basic Services fees collected by Standguard; WHEREAS, section 7 of the Agreement providing for Fees and Reimbursement states in pertinent part"any request for an increase in Basic Services fees should be made to the Parks & Beaches Director no more frequently than on an annual basis. The Parks & Beaches Director shall then make a recommendation to the BOCC. The BOCC shall either approve or deny the request"; WHEREAS, the Parks & Beaches Director made a recommendation to the BOCC to increase Basic Services fees as set forth in Exhibit"A" and the BOCC approved the request; and WHEREAS,the parties find that it would be mutually beneficial to amend the Agreement to reflect the increased Basic Services Fees set forth in Exhibit"A". NOW, THEREFORE,IN CONSIDERATION of the mutual covenants and agreements herein contained, and other valuable considerations, the parties agree as follows: l. The recitals set forth above are hereby adopted and incorporated herein. 2. Section 7 of the Agreement is amended to read as follows (additions are reflected in bold and underlined): "T Fees and Reimbursement 1 a) The fees charged for admittance or for any instructional or recreational program must not be differentiated based on any of the criteria set forth below in paragraph 24 nor on membership in any organization. The Board of County Commissioners of Monroe County BOCC) will approve the initial rates for Basic Services as defined in Sections 1. 02 and 1. 10 of the RFP. Any request for an increase in Basic Services fees should be made to the Parks&Beaches Director no more frequently than on an annual basis. The Parks & Beaches Director shall then make a recommendation to the BOCC. The BOCC shall either approve or deny the request. Upon approval by the BOCC, the applicable Basic Services fees shall be set forth in an Exhibit and incorporated herein through execution of an amendment pursuant to the terms of the Agreement. Contractor is authorized to set and charge fees for Enhancement Programs as defined in Sections 1. 02 and 1. 10 of the RFP. All individual entrance fees, season passes, and group entrance fees charged to the public shall be collected by the Contractor and subtracted from the Contractor' s monthly invoice for services rendered. The total payment to the contractor will reflect the cost of operations minus any Basic Services fees such as individual entrance fees, season passes, group entrance fees, charged and collected by the contractor, and any time the pool was closed during that month unless the reason for the closure was due to force majeure as defined in paragraph 8. Closures required by, or at the option of, the Florida Department of Health, are not considered force majeure. The total annual reimbursement by the County shall be in an amount not to exceed $495, 800. 00 payable up to $ 41, 316. 66 per month minus the previous month' s Basic Services revenues, upon submission to the Parks and Beaches Director at parks- ap@monroecounty- fl.gov an invoice with supporting documentation. Supporting documentation shall include documentation showing all gross revenue and operating expenses. Contractor shall submit one invoice monthly in arrears on or before the 15' of the following month, with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk' s disbursal of funds. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. Monroe County' s Fiscal Year is October 1st through September 30th. All outstanding invoices must be submitted for payment within ten ( 10) days of the end of the Fiscal Year to avoid non- payment for those services. 2 b) Al'!.revenue,••including:fees,.derive fd rom this.:Agreem .ents a...on.y:: . . - be•used to fund ..programs,•re •airs,:maintenance, ca ita improvements • - 'and services:related•to,:and arising.out of, the Jacobs:Aquatic•Center ' 3.• Exhibit "A":is hereby incorporated•into the.Agreement:as the: current:applicable . .," Basic Services fees schedule replacing:all'prior Basic.Services fees.schedules.. :• : : . • : 3 . ' •In• :all other ,respects,—.. the• Original .Agr_e.ement :.dated January 31, 2024,: not•'. • - •. inconsistent•herewith,'remains iii•full force and effect. : • • • •• IN WITNESS WHEREOF;the:parties have:hereunto-set their hands and seal,the.day and:• * • • : . year•.irst•written,above. • • . . ., , • .. • . . . • ,, .. __,.: . .,Sri .. (SEAL) ,.,:`��, •. • • . • . . BOARD.OF COUNTY.•COMMISSIONERS : • s; • ;, {TTEST:' I EVIN•MA:DOK;•CLERK:. :OF-MONR.OE.COUN1�Y, FLORIDA:: •• ..i . . .. :'-‘—'-''''. 'll'.'''''''''''''''.. '' .i.'..''\\.'''''s';',....-I''''.-.•''P. •k . . ••: . ... : .'. ' . • - ••••: . ... • .. . • • . . ... ik • •. .. . .. • •. .. i . 41,,, , ., . .. .. , ... . . . ,.., •,...,.._. _• ,..........., ,....„,,,,..,. ....„.,.,,,.„„ .:.,,. . . ." • .. . • .. . . . . .. • .. • .. . .. 4,,. , , „ ,a., :. . .. . . , . ... 4 .. . ... .. . : i.. ...:: : t B'-Y: ` ;.:.v r�. • • • .. . •• BY . . • . : . - - . " • • • • •. • � •` . As eputy Clerk . : : .. : .• . •• : Mayor• .: •.. . - : . . _.. . • • • • • • • I.STANDGUARD.:AQUATICS.-.: i - ' ' . :- •: :-: ••.: • •.' .• '''• :-.•: •; WITNESSES: : .- .•Georgia Corp ra o •. .-- . t,• • . •. • • • -• • •.• • :• -. • •. .•- • • : • :- - :. ••• • • • • - •. .......• .. . i•. • •. . ./.• • .. •• :. — i .• • . . ..• • • • BY:: ; • • '. - .. t• • . 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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: Donald Morgan Morgan&Associates Insurance Group GA PHONE 7709178477 8667136171 g p- A/C,No,Ext: (A/CFAX,No): PO Box 5813 ADDRESS: dmorgan@maginsurance.com INSURER(S)AFFORDING COVERAGE NAIC# Douglasville GA 30154 INSURER A: KINSALE INSURANCE COMPANY 20010 INSURED INSURER B: STARNET INSURANCE COMPANY Standguard Aquatics Inc INSURER C: SCOTTSDALE INSURANCE COMPANY 5665 Atlanta Hwy INSURER D: CERTAIN UNDERWITERS AT LLOYDS Ste 103-168 INSURER E: BEASLEY EXCESS AND SURPLUS INSURANCE Alpharetta GA 30004 INSURER F: EVANSTON INSURANCE COVERAGES CERTIFICATE NUMBER: 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. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADEETT- OCCUR PREMISES(Ea occurrence) $ 100,000 Pool maintenance MED EXP(Any one person) $ 10,000 A Life Guard Services Y 0100236475-2 06/20/2025 06/20/2026 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 x POLICY ❑PE� ❑LOC PRODUCTS-COMP/OP AGG $ 1,000,000 X OTHER: Contractual Liability $ AUTOMOBILE LIABILITY (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS 998266241 06/02/2025 06/02/2026 BODILY INJURY(Per accident) $ /� HIRED NON-OWNED 11F<U11EF<I Y DAMAGE $ AUTOS ONLY /� AUTOS ONLY (Per accident) x UMBRELLA LAB �dCLAIMS-MADE OCCUR EACH OCCURRENCE $ 5,000,000 C EXCESS LAB Y CXS4049886 04/20/2025 04/20/2026 AGGREGATE $ 5,000,000 DED RETENTION$ 10,000 $ WORKERS COMPENSATION ER OTH- x STATUTE ER ND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? Fy] N/A BNUWC0162883 05/25/2024 05/25/2026 (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 Physical and Sexual $1,000,000 D/E Physical and Sexual Abuse Pollution Liability Y D3976C250101/ECOC826065 04/20/2025 04/20/2026 Pollution Liability $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Monroe County Board of County Commissioners are listed as additional insureds and Loss payees APPROVED BY RISK MANAGEMENT BY Grza;"xcC. DATE " 06.18.A WAIVER NIA X YES 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. 1100 Simonton Street AUTHORIZED REPRESENTATIVE 00-4 J Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD