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HomeMy WebLinkAboutItem C10 COUNTY of MONROE BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln,District 2 The Florida Keys Mayor Pro Tem David Rice,District 4 a e Craig Cates,District 1 e' Tames K. Scholl,District 3 � Holly Merrill Raschein,District 5 Regular Meeting February 18, 2026 Agenda Item Number: C 10 26-0392 BULK ITEM: Yes DEPARTMENT: Parks and Beaches TIME APPROXIMATE: STAFF CONTACT: Tammy Acevedo AGENDA ITEM WORDING: Approval of the Third Amendment to the Agreement for Operation and Management Services at the Jacobs Aquatic Center to renew the Agreement, which is set to expire on March 8, 2026, for one additional two (2)-year term and to clarify that SGA may perform repairs and maintenance with an estimated cost of$10,000.00 or less when independently verified by County staff as necessary; ensuring compliance with the County's Purchasing Policy and the BOCC guidance about larger repairs. ITEM BACKGROUND: On January 31, 2024, the BOCC awarded a two (2)year Agreement for operation and management services of the Jacobs Aquatic Center to SGA renewable at the County's discretion for five (5) additional two (2) year terms, contingent upon the BOCC's written approval. The BOCC approved a first amendment to the Original Agreement on April 17, 2024, and a second amendment to the Original Agreement on January 31, 2024, unrelated to the renewal. This Third amendment would renew the agreement for one additional two (2)-year term and clarify SGA may perform repairs and maintenance with an estimated cost of$10,000.00 or less when independently verified by County staff as necessary; ensuring compliance with the County's Purchasing Policy and the BOCC guidance about larger repairs. PREVIOUS RELEVANT BOCC ACTION: On January 31, 2024, the BOCC awarded a two (2) year Agreement for operation and management services of the Jacobs Aquatic Center to SGA renewable at the County's discretion for five (5) additional two (2) year terms, contingent upon BOCC's written approval. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approve DOCUMENTATION: 03-08-2024 !Fully Executed Agreement StandGuard Aquatics, Inc. 4-17-24 First Amendment to the Agreement for Operations and Management Sevices 8-20-25 StandGuard Aquatics, Inc. Fully Executed 2025 06 COI Stanguard GL AL exp 06.26 WC exp 5.25.26 SA exp 4.20.26 signed Jacobs Aquatic Center- (W) Exp 4.1.26 FINANCIAL IMPACT: Effective Date: 10-01-25 Expiration Date: Total Dollar Value of Contract: $495,800.00 annually Total Cost to County: Annual County reimbursement shall not exceed $495,800.00. Current Year Portion: $ Budgeted: Yes Source of Funds: Cost Center: 20531 CPI: N/A Indirect Costs: Maintenance and Capital Improvements Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: Yes, If yes, amount: Actual basic services revenue to be deducted from monthly invoicing. Grant: No County Match: No Insurance Required: Yes, current COI is attached. 10. Approval of the Thirdtote Agreement for Operation Services at the Jacobs Aquatic Center to renew the Agreement, which is Set to expire on March , 2026, for one additional two ( )-year term and to clarify that SGA may perform repairs and maintenanceit ti ate cost 10,000.00 or less when independently verified t staff as necessary; ensuring compliance with the County'sPurchasing Policy and the BOCC guidance about larger repairs. �G3 o cou►�r� �..Ju Kevin Madok, CPA Lij �o ......... � Clerk of the Circuit Court& Comptroller Monroe County, Florida ti40Z coo N-1 DATE: March 5, 2024 TO: John Allen, Director Parks & Beaches Tammy Acevedo Budget& Contract Specialist Erika Nodal Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: January 31, 2024 BOCC Meeting The attached item has been executed and added to the record: C 1 Agreement with StandGuard Aquatics, Inc., for Operation And Management Services of the Jacobs Aquatic Center located at 320 Laguna Avenue, Key Largo, Florida, 33037, contingent on approval from Florida Communities Trust F CT, a state-funded land acquisition program which provided grant funding for the initial property acquisition as required by the grant acquisition terms. Should you have any questions please feel free to contact me at(305) 292-3550. c c: 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 AGREEMENT FOR OPERATION AND MANAGEMENT SERVICES JACOBS AQUATIC CENTER, MONROE COUNTY, FLORIDA THIS AGREEMENT is made and entered into on the 31 st day of Jail 20241 by and between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", whose address is 1100 Simonton Street, Key West, Florida 33040, and STANDGUARD AQUATICS, a Georgia based Corporation, hereinafter referred to as "Operator"or"Contractor",whose address is 5665 Atlanta Highway, Suite 103-168,Alpharetta GA, 30004. WHEREAS, County is the owner of the Jacobs Aquatic Center, hereinafter"Jacobs", and WHEREAS, County advertised via the competitive solicitation process a Request for Proposals ("-RFP") for Operation and Management Services at Jacobs Aquatic Center, through which Contractor was deemed the highest ranked responsive, conforming proposer; and WHEREAS, County desires to enter into an agreement with-exclusive right to manage and operate Jacobs Aquatic Center Key Largo, Florida, and WHEREAS, the Contractor desires to enter into such agreement and represents to the County that it is qualified to operate a pool management and has the financial resources to undertake such an operation; NOW, THEREFORE, IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter contained, the parties do hereby agree as follows: 1. Premises. The COUNTY does hereby enter into this POOL OPERATIONS AND MANAGEMENT LEASE AGREEMENT unto CONTRACTOR and the CONTRACTOR does hereby accept from the COUNTY, in its "as is" condition, the Premises identified and known as Jacob's Aquatic Center hereinafter the "Premises", identified and shown on Exhibit A, situated at 320 Laguna Avenue,Key Largo,Monroe County,Florida. Exhibit A is attached to this Agreement and made a part hereof and incorporated by reference. 2. Agreement Documents., The documents, of which this agreement is a part, are as follows: This agreement and any amendments executed by the parties hereafter, together with the RFP and any addenda, the response to the RFP, and any attached exhibits thereof, and all required insurance documentation and required licenses. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. Page 1 of 56 3. Scope of work and Regulations. The Contractor shall manage and operate a community pool, currently located on that certain portion of Key Largo Park, currently known as Jacobs Aquatic Center. Contractor shall: (a) Comply with all the applicable requirements of the statutes, rules, ordinances, regulations, orders, and policies of the federal, state, county, and city governments, including but not limited to, Florida Community Trust (FCT) and State regulations and requirements, in effect on the effective date of this Agreement or later adopted. (b) Be required to obtain and maintain Monroe County occupational Licenses before beginning operations. Contractor shall also be responsible for obtaining and maintaining any additional licenses which may be required by Contractor's operations at Jacob's Aquatic Center before beginning operations. A copy of all licenses must be provided to the County Parks and Beaches Sr. Budget Manager within fifteen (15) days of contract award. (c) Maintenance and repairs as detailed in this Agreement and the RFP. (d) Be responsible for all duties associated with staffing lifeguards, swimming instructors and instructors for other aquatic activities including all training, scheduling, providing uniforms, and supervising all personnel. (e) Be required to manage and schedule swimming lessons and aquatic activities, private rentals, and groups requesting group rates during regularly scheduled pool hours. Advertising swimming lessons and other aquatic activities shall also be required of the Contractor. (f) Perform normal lifeguarding duties such as monitoring patrons in the pool area, responding to first aid situations, enforcing rules and regulations, light pool area cleaning to include but not limited to sweeping the deck, emptying trash cans, straightening pool furniture, and removing debris. Ensure the rules signs are accurate and visible to the public and safety inspected is inspected daily. (g) Promptly investigate and provide written notification of all accidents, injuries, damage, destruction of property, or complaints as required. (h) Be responsible for the daily cleaning and inspection of the public pool restroom, rinse showers, and the lifeguard office area. (i) Collect any and all fees associated with the management and operation of the Community rooms),pool use and concessions. All fees collected must be properly accounted for and sales tax reported to the appropriate agency, if applicable. The County retains the right to audit receipts at any time. Page 2 of 56 0) Create and provide a monthly revenue report of monies taken in for Basic Services from the previous month and categorized by day, age group of patrons, group-rate daily fees, and number of people in attendance. This report is to be submitted to the Director of Parks and Beaches or his designee no later than the 15'h day of the following month. Create and provide a monthly revenue report of monies taken in from Enhancement Programs from the previous month and categorized by type of program, revenue generated, and number of people in attendance. This report is to be submitted to the Director of Parks and Beaches or his designee no later than the 15' day of the following month.. (k) Invoice the County monthly for services rendered less fees received for Basic Services as further detailed in this Agreement. Annual County reimbursement shall not exceed $495,800.00. (1) Document that all personnel performing lifeguard, swimming instruction and other aquatic activity instruction duties, and all immediate supervisors are certified in lifeguarding or swimming instruction, respectively, as well as in first aid and adult, child, and infant CPR as required by the State of Florida. Contractor shall, at Contractor's sole expenses, ensure that all of its staff and personnel who will be involved in the performance of this Agreement have undergone a Level II background screening and any other background screening required by law in accordance with Chapter 435, F.S. Documentation demonstrating compliance with this subparagraph must be provided to the County and maintained at the pool as required. (m) Provide a Certified Public Pool (operator) Service Technician(s) to maintain the cleanliness, water clarity and quality, and chemical balance of the pool, perform all pool cleaning tasks including routine brushing and vacuuming,backwashing filters,removal of any and all algae, and respond to any human fecal accidents as required by the State of Florida. Pool Service Technician shall keep all necessary records required by the State and/or County to ensure that the pool meets all State and/or County health codes and standards. (n) Provide all certified lifeguards, instructors and necessary support staff. Minimum staff level of service shall be one (1) Supervisor and two (2) Lifeguards at all times when pool is open. Monroe County shall remain responsible for any and all elevator upkeep, maintenance, inspections, repair and replacement after the first $1,000 of any repair, capital improvement and maintenance is paid by the Contractor, as deemed required at the County's sole discretion. Monroe County will make necessary repairs over $1,000.00 as agreed upon by Monroe County. Funds requested by the Contractor for additional improvements must be made in writing and approved by the Director and/or BOCC. Contractor agrees to facilitate access to the elevator and any portion of the premises required for such upkeep, maintenance, inspections, repair and replacement. Additionally, Monroe County, with Tourist Development Council (TDC) funding will Page 3 of 56 repair/replace the pool liner. It is anticipated this work will occur in 2024. This will necessitate the closing of the main pool for a period of time to be determined. The County and building contractor will attempt to limit interruption to Contractor and pool community. The County will communicate with the Contractor to agree on best date for construction. The small pool and splash area may remain open if building contractor agrees. The County will not be responsible for any additional reimbursement to the Contractor during this closure. The Contractor will not be responsible for any cost associated with this repair/replacement of the pool liner during the 2024 fiscal year. once the repair/replacement is complete, the Contractor will be responsible for all future maintenance, repair and replacement of the pool liner up to $1,000.00 pursuant to this RFP and the Agreement. 4. Initial Term. This Agreement shall commence on the 8th of March, 2024 , and will terminate on the 8th day of March , 2026, unless terminated earlier under another paragraph of this agreement. 5. Renewals. This Lease may be renewed, at the County's sole discretion, contingent upon written approval of the Monroe County Board of County Commissioners (BOCC), for five (5) additional two (2) year terms, upon written request by the Contractor, provided at least sixty (60) days prior to termination of the Agreement or any renewal thereof. 6. Rental, Maintenance and Tax. (a) Contractor must open the operation for business within thirty (30) days of the effective date of this Agreement or as soon as reasonable after effective date. Reasonableness to be determined by the County Administrator or his designee. (b) Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. An annual operating statement prepared and certified by a Certified Public Accountant (CPA) must be provided to the County on or before February 28 of the following year and shall include with reasonable detail the amount of Gross Sales made by Contractor from the Demised Premises during the preceding Lease Year. (c) The Contractor must pay all assessments,taxes, including sales taxes, levied by any governmental body with the power to impose assessments or taxes. The Contractor must provide the County with the sales tax records for each month or quarter depending on Contractor's filing requirements as set forth in Paragraph 6(b) herein and/or if required by law. Page 4 of 56 (d) The Contractor must provide all items and equipment needed for the operation including, but not limited to life rings, kick boards, water safety equipment, etc. All property of any kind that may be on the premises during the term of this Agreement shall be at the sole risk of the Contractor. The County shall not be liable to the Contractor or any other person for any injury, loss or damage to property or person on the premises. Contractor must furnish the necessary equipment, furnishings and fixtures needed to operate the pool. The Contractor is responsible for the sole costs and expenses of the Contractor's operation and management, including any utilities required for its operation and the equipment used by Contractor and/or offered for rental. All accessories and equipment applicable to Contractor's concession operation shall be clean and in good working condition at all times. All rental equipment shall meet strict safety standards, and equipment which is broken, or a potential safety risk, shall be removed immediately. The Contractor will be responsible for ensuring equipment is safe and meets all regulated safety requirements. During the term of this lease, Contractor is responsible for the first$1,000.00 of all maintenance and repairs, including major repairs such as structural work and roof replacement and replacement of the building, pool facilities and related structures if destroyed in accordance with this Agreement. All repairs and replacement must be of the same or better quality as the original work and conform to all applicable building codes. Contractor shall be responsible for and shall properly maintain the leased premises, and upon the termination of this lease, shall leave the premises in at least as good condition as at the time of the commencement of this lease, normal use and occupancy excepted. Contractor shall also be responsible for all other routine upkeep of the premises, the pool and the pool-related facilities such as, but not limited to, regular filter replacements. Contractor will coordinate with the County, in accordance with this Agreement, for repair and maintenance of all County assets,including but not limited to, structural and mechanical repairs. (e) The Contractor may, at its sole cost and expense, purchase additional equipment and appurtenances for Enhancement Programs with prior approval from the Director of Parks and Beaches or their designee. (f) The Contractor will keep the premises clean at all times and must meet all requirements for operations as required by the Monroe County Department of Health. Contractor must continuously maintain all pools and related facilities, including but not limited to, the water quality, in accordance with all applicable state laws and administrative regulations. Contractor must also operate all pools and related facilities in accordance with all applicable state laws and administrative regulations. All permits and/or licenses (state or local government) necessary for the operation of the pools and related facilities shall be applied for by, and shall be in the name of, Contractor. If a fine or penalty is imposed by any state or local government agency having jurisdiction over public swimming pools due to the failure of Contractor to keep and maintain the pool in conformity with state law or administrative rules or local government rules or regulations, then Contractor shall be solely responsible for the payment of that fine or penalty and the cost of coming into compliance. Page 5 of 56 7. Fees and Reimbursement (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. 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 maj eure as defined in paragraph 8. Closures required by, or at the option of, the Florida Department of Health, are not considered force maj eure. 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 laves, 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 1 st 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. (b) All revenue, including fees, derived from this Agreement shall only be used to fund programs, repairs, maintenance, capital improvements and services related to, and arising out of, the Jacobs Aquatic Center. 8. Force Maieure. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or lave in the geographic area of the Project; (e) actions, embargoes, Page 6 of 56 or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Proj ect;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably unanticipated, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. Upon the occurrence of a Force Maj eure Event, the non-performing party shall be excused from any further performance of those obligations under this Agreement that are affected by the Force Maj eure Event for as long as (a) the Force Maj eure Event continues; and (b) the non-performing party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. (a) Upon the occurrence of a Force Maj eure Event, the non-performing party shall notify the other party of the occurrence of such event and describe in reasonable detail the effect(s) of such event upon the party's performance of its obligations and duties pursuant to this Agreement. Such notice shall be delivered or otherwise communicated to the other party within two(2)business days following the failure or delay caused by the Force Majeure Event, or as soon as possible after such failure or delay if the Force Maj eure Event precludes the non-performing party from providing notice within such time period. (b) In the event of a Force Maj eure Event,the time for performance by the parties under the applicable scope of work shall be extended for a period of time equal to the time lost by reason of such cause through execution of an amendment pursuant to the terms of the Agreement. g. Personnel. (a) The Contractor will be responsible for the supervision, hiring, and firing of their own employees and shall be solely responsible for the pay,worker's compensation insurance, and benefits. (b) Communication between the County Representative and the contractor personnel is very important. Therefore, the Contractor must assure that at least one (1) personnel can communicate well with the County Representative. Any employee hired by the Contractor will be the Contractor's employee and in no way has any association with the County. The Contractor shall insure that its employees are trained in all appropriate safety regulations, and comply with all Page 7 of 56 such applicable laws and regulations and comply with all other local, State, and Federal regulations. (c) The parties further agree that failure by Contractor/Respondent to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. (d) The County may terminate this Agreement if the Board of County Commissioners of Monroe County (BOCC) determines that the economics of the operation of the pool and related facilities, or the on-going operation and maintenance, would require an annual expenditure of tax revenue or an annual expenditure of tax revenue the BOCC determines is imprudent. If this lease is terminated under this subparagraph, then neither party will have further obligation, duty or liability with respect to the other. 10. Hours of Operation., The Contractor agrees to furnish good, prompt and efficient service and/or merchandise to meet all demands for service at Jacobs Aquatic Center. The pools and facilities must be open for service seven (7) days a week Monday-Sunday, including holidays with exceptions for Christmas Day and Thanksgiving Day, from sunrise to sunset, and shall not exceed the established park hours as specified in Monroe County Code of Ordinances, Chapter 18, as may be amended from time to time. Special event hours allowed with Director of Parks and Beaches written permission. Hours of operation may be modified by mutual agreement. Certified lifeguard(s) must be on duty at all times that the pools are open. Contractor may conduct instructional and recreational programs but when such programs are not conducted, the pool and facilities must be open to the general public. 11. Use and Conditions. (a) The Contractor must provide an adequate number of covered metal or commercial outdoor plastic waste containers at its operation. Contractor shall provide separate containers for waste and for recyclables. Contractor must deposit all trash, waste, and recyclables in those containers for proper disposition of the waste and recyclables in their own dumpster. (b) No signs, advertising, or awnings may be erected by the Contractor, unless they are approved by the Director of Parks and Beaches or his designee in writing. Signs pertaining to FCT must remain per FCT regulations. (c) Smoking shall be prohibited in accordance with Monroe County Code of Ordinances Chapter 18. (d) Contractor must furnish the necessary equipment, furnishings and fixtures needed to operate the pool.All moveable equipment and furnishings not funded by the County shall remain the property of the Contractor and may be removed from the premises by Contractor at the termination of this agreement, with County's written consent. If Contractor fails to remove said Page 8 of 56 moveable equipment or furnishings within five (5) days after termination of this agreement, said items shall then become the property of the County. The Contractor is responsible for the sole costs and expenses and any maintenance of the Contractor's operation and subject facilities, including any utilities required for its operation and the equipment used by Contractor and/or offered for rental. All accessories and equipment applicable to Contractor's concession operation shall be clean and in good working condition at all times. All rental equipment shall meet strict safety standards, and equipment which is broken, or a potential safety risk, shall be removed immediately. The Contractor will be responsible for insuring equipment is safe and meets all regulated safety requirements. During the term of this lease, Contractor is responsible for first $l,000 of all maintenance and repairs approved by the County in writing, including major repairs such as structural work and roof replacement and replacement of the building if destroyed. All repairs and replacement must be of the same or better quality as the original work and conform to all applicable building codes. Contractor shall be responsible for and shall properly maintain the eased premises, and upon the termination of this lease, shall leave the premises in at least as good condition as at the time of the commencement of this lease, normal use and occupancy excepted. The Contractor will keep the premises clean at all times and must meet all requirements for pool operations as required by the Monroe County Department of Health. (e) The County may, at its sole discretion,provide for capital improvements),upkeep, maintenance and repairs of the premises, the pool and pool-related facilities, including but not limited to pool liners, structural and mechanical repairs and other such related repairs, as necessary when Contractor is unable to do so during its Lease term and makes a request in writing to the County for such assistance. The County may provide this repair assistance to assure the premises at Jacobs Aquatic Center remains in good working order and available for public use. County shall be, and is, empowered to apply for, seek, and obtain federal, state and/or local funding to further the purpose of this Agreement. Any conditions imposed as a result of funding that affect the Proj ect will be provided to the Contractor. Pool management company is responsible for the first $1,000.00 of any repair. Pool management company is responsible for notifying Monroe County Parks and Beaches staff of any minor repairs or replacements before any repairs are performed. Any requested repairs estimated to be over $1,000.00 must be accompanied by a written quote for their repair including parts and labor and any major repairs must be approved in writing by the director of Monroe County Parks and Beaches and/or the BOCC, as applicable, prior to work commencing. (f) In the event that the demised premises, or a maj or part thereof are destroyed by fire, storm, or any other casualty, the County at its option and without assuming Contractor's responsibilities, may forthwith repair the damage to such structure at its own cost and expense. If County exercises its option to repair the premises, Contractor agrees to assign its right to the insurance proceeds to the County. If insurance proceeds exceed the costs of repair, the County will, at its option, either remit the excess funds to the Contractor or apply the excess funds as a credit towards the subsidy provided to the Contractor by the County. If repair costs exceed the insurance proceeds, Contractor agrees to pay County within 30 days for any and all costs of repair not covered by insurance proceeds. (g) Contractor agrees to keep the premises in a safe, clean and well-maintained order at no expense to the County. This provision is to be monitored by the Director of Parks and Beaches or his representative. Page 9 of 56 (h) Contractor agrees to operate its business in a businesslike manner. (i) In the event the County elects to maintain and/or improve its properties in the vicinity of the leasehold herein, either by necessity, or by choice, such activity will not be considered as a breach of any covenant of this agreement. 0) The use of the Premises shall be solely for the Contractor and allied and incidental purposes as set forth herein, including necessary personnel and administration offices. Contractor covenants that no use of the Premises shall be allowed except to conduct the aforementioned programs and incidental office and administrative operations, without written approval from the County Administrator. (k) Contractor agrees not to sore any material, waste, pallets of other products outside the Premises or in any adjoining area. Contractor further agrees that it will not store or dispose of hazardous materials in violation of applicable law on or about the Premises except for de mrnimus amounts used in the ordinary course of business. (1) County and Contractor acknowledge that,unless otherwise provided for herein,the operating procedures, organization, supervision, direction, and control for the Premises shall rest with the Contractor. (m) Contractor acknowledges that County, its employees and agents, shall have reasonable access to the Premises to confirm compliance with this Agreement throughout the term of this Agreement and that such access shall not interfere with Contractor's use thereof. (n) Rights not specifically granted to the Contractor by this Agreement are reserved to the County. 12. County's Termination. Except as otherwise provided herein,the County may cancel this agreement when, after giving the Contractor thirty (30) days' written notice that an act of default has occurred, the Contractor fails or cannot cure the following: (a) The appointment of a receiver of the Contractor's assets; (b) The divestiture of the Contractor's interest in the agreement by court order or other operation oflaw; (c) The Contractor's abandonment of the operation. Failure to open the operation and keep it open during the business hours described in this agreement for seven (7) consecutive days from sunrise to sunset with exceptions for Christmas Day and Thanksgiving Day,unless modified in writing, shall constitute abandonment; (d) The failure of the Contractor to timely perform any of the obligations required of it under this agreement; (e) If the Contractor discontinues the use of the Premises for the purposes set forth herein, or any governmental purpose approved by the County; (f) If the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the Page 10 of 56 option of(1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met; and/or (g) For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. No waiver of default by the County of any of the obligations required of the Contractor under this agreement may be construed as a waiver of any subsequent default of any of the obligations that are required to be performed, kept, or observed by the Contractor. The County's waiver of an act of default by the Contractor is not a waiver of the right of the County to later cancel this agreement because of the Contractor's failure to subsequently perform an obligation or obligations under this Lease Agreement. 13. Insurance. (a) Contractor shall obtain and maintain at its own expense the insurance coverages listed in Exhibit C prior to commencing operation. All insurance requirements provided for in this Agreement shall be subject to annual review. (b) The Contractor must keep in full force and effect the insurance described during the term of this agreement. If the insurance policies originally purchased that meet the requirements are canceled, terminated, or reduced in coverage, then the Contractor must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the Monroe County Risk Department or the Parks and Beaches Contract Manager, as appropriate,whenever acquired, amended, and annually during the term of this Lease. (c) The insurance required of the Contractor in this paragraph is for the protection of the County, its property and employees, and the general public. The insurance requirement is not, however, for the protection of any specific member of the general public who might be injured because of an act or omission of the Contractor. The insurance requirements of this paragraph do not make any specific injured member of the general public a third-party beneficiary under this agreement. Therefore, any failure by the County to enforce this paragraph, or evict the Contractor if the Contractor becomes uninsured or underinsured, is not a breach of any duty or obligation Page 11 of 56 owed to any specific member of the general public and cannot form the basis of any County liability to a specific member of the general public or his/her dependents, or estate, or heirs. (d) Notwithstanding anything set forth in paragraph 12 of this agreement, the County may treat the Contractor in default if the Contractor, after entering the premises but before beginning its operation, does not have the insurance required by subparagraph 12(a). Before the County may terminate the agreement in this situation, the County must give the Contractor a written notice of the default stating that, if the required insurance is not obtained within ten (10) days of the Contractor's receipt of notice,then the County will cancel this agreement. The County may treat the Contractor in default and cancel this agreement if the Contractor, after starting the operation, fails to keep in full force and effect the insurance required by subparagraph 13. Before treating the Contractor in default and terminating the agreement in this situation, the County need only provide the Contractor 24-hour notice by E-Mail or overnight courier. The County may, but need not, provide Contractor with an opportunity to cure the default. 14. Non-Exclusive Rights. Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the County herein reserves the right to grant similar privileges to another Contractor or other Contractors on other parts of Jacob's Aquatic Center. 15. Rights Upon Termination. At the end of this agreement (or any renewal), or if this Agreement is otherwise terminated, the Contractor's right to the Premises, the use of Jacobs Aquatic Center facilities, and any other right or privilege granted under this agreement ceases. All equipment, improvements, furnishings, and other property of the Contractor at the Premises are personal to the Contractor and remain the property of the Contractor and must be removed by him/her. The Contractor must also restore the Premise to its original condition, ordinary wear and tear and damage by causes beyond the control of the Contractor, excepted. At the end of this agreement (or any renewal), or if this Agreement is otherwise terminated, Contractor will voluntarily and peacefully yield to County the Premises and shall automatically revert to County. 16. County's Right of Entry. County reserves the right hereunder to enter upon the Premises at any reasonable time, during normal operating hours for any purpose connected with the performance of the County's obligations under this agreement or in the exercise of its governmental functions. The Contractor hereby agrees to keep the premises at all times in a clean and sanitary condition, and not to maintain or keep upon said premises any properties or equipment not used in connection with the operation of said business, unless authorized by the County to do so. 17. Leasehold Improvements. The Contractor agrees not to make any major alterations to the building located on said premises, without first obtaining written consent of the County to do so,which will not be unreasonably withheld. Such alterations shall be based on pans approved by the Director of Parks and Beaches and shall be subject to all City, County, State and Federal code provisions governing construction. Contractor shall be responsible for obtaining any permits Page 12 of 56 requi red by w­iy goveminent agency.,, All sfte: 1'.MProvenients shall be: pre�-aippt�,oved 'by Monroe T CoLtnty in.a.cco�rdancew,.,i'.t'fi.,."I'tsI P01".[Cles,,,Procedures ordinances and/or regulationsii 1 S. Use Tile ontracto.r ses were,purchasled. R,.eLt.Hv(j2ns, C acknowledggs,that-the pre-r-a-t 'r -be Flofldz. CoMmanit.and/or! construeted wi"th f nds received, f,om. I J ies Trust (ri -s agreem-ent area "Is to be Operated by thei Contractor for publile outdoo.r recreation puirpose ions in compulanve it 1. 1 1 les Trust (FCT) and its. regulat"i It prors"otas of the Florl"da Commiju: I # i� -o the a( '1 0 fim e* esalt, use, of the, prem' ed t s may be amended, fto-in t rne t As a r ises is subi, i oil ft ached. ovenants attached to -the lease a -b B whkh "s att Provisions of the restri efive c s Exhl J I I bereto, mid hereby- .in vor.porsted m-to the lease and the Request for Propiosai.s. Should the FCT determthleasoanypinh , sI cftw on -r- state law or, of Exhi*bit B,. or is in, can act: with, any relevant prav-is,ion: of federal o, .1 0! .0 trativ,erule, they I lo 'h" aUntints, that det-ermlinadon, w1111 aupenede any con.trai.q prov-6 in of t Is 0 -tent of the conffikt least or Request for Propi sals to the ex The Demised Premi'ses miust be pubIlcly Idenififled,as pub'11"Cly owns d and operated as ISID91: 'W I flft W. all, s*gns, fiter tu. and advert" kfle a. publate outdoor recrea,fitan facl 1 11 1 1 Y i a re, W 4 acknowledglIng that the Demll"Ised Prentises is, operated by a Contractor, to eiljimii,nate the: Wate. T k at all t" percept on the area ..'is pri he premlises 'niust, remai"n open to the pub-11 imes during;opersting hours, ic must be compet t .,Ali. -fees charged. by the C'o-n(t-rac-to-r/co-n.c,ess'o:-nier to the pubfi i ive tedto coopente, and airdhere to any 'PCT with. sm-flar private: fac,fllfies. Contractor 'i's expec ru nual reporting requirements,Ies,and regulatjoins,.incIuding'butUot limited to,axq a 1. MONROE COUNTY, ITS. AGENTS� AFFI LIATES9 SUCCESSORS-INIOW. INTEREST, IN -.NO WAY,, SHAPE, OR. FO-RMr, GUARANTEE CONTRAC'TOR."S ABILITY TO OPERATE ON T,UE PREMISES, CONTRACTOR ACKNOWLEDGES ANDUNDERSTANDS THAT SEPARATE APPROVAL OF THIS: AGREEMENT MUST BE OBTAINED FROM''FCTAND THE STATE OF FLORIDA,,, I,r se C. Js ct'1. a cc I.C811Y, acknowledges. receiptl of:&I 10ink 19. 'Ri orb ts 'Reserved,.! Rii,ghts -not. s al,11Y gran 'by this Lease AMM". p e c j.,fic: ted to Contractoi Agreement are reserved,-to the, Clounty'li, .20.. Rl'ghtsi of County. The Cowity shall bave. (be: abso'lute rl'ghu, wahout Illnitalion,. to H Ja -oi -ic eobis,A.quati.cC�e,.ii.,te.;r,,,.ortoc, ,i,s,tr!tt unty shall, in. ffie exerclse of such, fight, be frme new- f7ac,fli t'l'es at ja,cobs Aquatic Center Ile Co ft iaking of m-n any aTid al.11"abil ty''to the Contractor for btisiliess dainages occas*-oned du 'ng tbe n I ri Page.13 of 56 such repairs, alterations and additions, except those occasioned by the sole act of negligence of the County, its employees or agents. Contractor and County agree that County is empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that affect the Contractor will be provided to the Contractor. 21. Notwithstanding anything to the contrary in this Agreement, County Administrator may order the swimming pool(s) and related facilities close immediately if he determines that a condition has arisen, whether caused by Contractor's failure to perform or by an external event beyond the Contractor's control, that threatens the health or safety of the public. The County Administrator may order the swimming pool(s) and related facilities closed until such time as the condition is corrected. 22. Assignment. The Contractor may not assign this agreement, or any part of it, or sublease the Premises, or any portion of the Premises,without the written approval of the County. The change of the Contractor's status from an individual to a partnership or corporation is an assignment under this paragraph requiring the County's approval. If the Contractor is approved to do business in the corporate form, any assignment of a controlling interest in the corporate stock is also an assignment under this paragraph that requires the County's approval. All the obligations of this agreement will extend to the legal representatives, successors, and assigns of the Contractor and County. 23. Indemnification/Hold Harmless/Defense. The Contractor covenants and agrees to defend, indemnify and hold harmless Monroe County Board of County Commissioners, and its elected and appointed officers, officials, agents, servants, and employees from any and all claims, demands, or causes of action for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, costs, penalties, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the Contractor utilizing the property governed by thislease/rental agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 24. Nondiscrimination. Contractor agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred,this Agreement automatically terminates without any further action on the part of any party, effective the date of the Court order. County and Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2} Title Ix of the Education Amendment of 1972, as amended(20 USC ss. 1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3)Section 504 of the Rehabilitation Act of 1973, as amended(20 USC s. 794),which prohibits discrimination on the basis of disabilities; 4)The Age Discrimination Act of 1975, as amended(42 USC ss. 6101- Page 14 of 56 6107)which prohibits discrimination on the basis of age; 5) The Drug Abuse office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6} The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL g 1-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC s.360 1 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; g} The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability,national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Lease. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive order 11375, Amending Executive order 11246 Relating to Equal Employment opportunity, and implementing regulations at 41 C.F.R. Part 60 (office of Federal Contract Compliance Programs, Equal Employment opportunity, Department of Labor). See 2 C.F.R. Part Zoo, Appendix II, � C, agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment,upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2} The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential Page 15 of 56 job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6} The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,and will permit access to his books,records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,the contractor may request the United States to enter into such litigation to protect the interests of the United States. 25. Mechanic's Liens. The Contractor shall not permit any mechanic's lien or liens to be placed on the Premises or on improvements thereon. If a mechanic's lien is filed, it shall be the Page 16 of 56 sole responsibility of the Contractor or its officer, employee, agent, contractor, or other representative causing the lien to be filed to discharge the lien and to hold harmless and defend Monroe County against enforcement of such lien. Pursuant to Section 713.23, Fla. Stat.,the liens authorized in Chap. 713, Fla. Stat. do not apply to the County. Nothing in this section is to be read as a waiver or authorization by the County of its constitutional and statutory immunity and right to have its property free of such liens. 26. Records—Access and Audits. The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied and maintain such records for a period of four (4) years after termination of this Lease. The County, its officers, employees, agents, and contractors shall have access to the Contractor's books, records, and documents related to this Lease upon request. The access to the inspection of such books, records, and documents by the County shall occur at any reasonable time. 27. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals f successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by owner or the Monroe County office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of owner or the County Clerk. owner or County Clerk may also conduct verifications such as,but not limited to,counting employees at the job site,witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor,the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03 of the Florida Statutes, running from the date the monies were paid to Contractor. The right to audit provisions survive the termination or expiration of this Agreement. Page 17 of 56 28. Maintenance of Records. The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or for a period of five (5) years from the submission of the final expenditure report as per 2 CFR §200.334, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven(7)years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR,the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Fonda Statutes, running from the date the monies were paid by the COUNTY. 29. Relationship of Parties. The Contractor is, and shall be, an independent contractor and not an agent or servant of the County. The Contractor shall exercise control, direction, and supervision over the means and manner that its employees, agents, or volunteers perform the work for which purpose this Lease is entered. The Contractor shall have no authority whatsoever to act on behalf and/or as agent for the County in any promise, lease, or representation other than specifically provided for in this Lease. The County shall at no time be legally responsible for any negligence on the part of the Contractor, its employees, agents, or volunteers resulting in either bodily or personal injury or property damage to any individual, property, or corporation. 30. Subordination. This Lease is subordinate to the laws and regulations of the United States,the State of Florida, and Monroe County,whether in effect on commencement of this Lease or adopted after that date. 31. Premises to be used for Lawful Purposes. It is expressly covenanted between the parties hereto that the Contractor will not use, suffer nor permit any person to use in any manner whatsoever the leasehold property, nor any portion thereof, for purposes calculated to injure the reputation of the leasehold property or of the neighboring property, nor for any purpose or use in violation of the laws of the United States,or of the State of Florida, or of the Ordinances of Monroe County, Florida. Contractor will keep and save the County forever harmless from any penalty or damage or charges imposed for any violation of any of said laws, whether occasioned by neglect of Contractor and Contractor will indemnify and save and keep harmless the County against and from any loss, cost, damage, and expense arising out of any accident or other occurrence, causing injury to any person or property whomsoever or whatsoever, and due directly or indirectly to the use of the leasehold Premises or any part thereof by Contractor. The Contractor hereby covenants and agrees that it, its agents, employees or otherwise shall observe and obey all lawful rules and regulations which may from time to time during the term hereof be promulgated and enforced by the County. Page 18 of 56 32. Limitation of County's Liability. It is further agreed that in no case shall the County herein be liable,under any express or implied covenants in the Lease, for any damages whatsoever to the Contractor beyond the rent reserved by the Lease accruing, for the act, or breach of covenant, for which damages may be sought to be recovered against said County, and that in the event said Contractor shall be ousted from the possession of said property by reason of any defect in the title of said County or said County's authority to make this Lease, said Contractor shall not be required to pay rent under this Lease while it is so deprived of said property, and that said County shall not incur any liability as a result of such ouster. 33. No Waiver of Breach. It is further mutually covenanted and agreed between the parties hereto that no waiver of a breach of any of the covenants of this Lease shall be construed to be a waiver of any succeeding breach of the same covenant. 34. Severability. If any term, covenant, condition, or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions, and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition, and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 35. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of County and Contractor and their respective legal representatives, successors, and assigns. 36. Authority. Each party represents and warrants to the other that the execution,delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 37. Adiudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties,then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph 12 concerning termination or cancellation. 38. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution,performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Page 19 of 56 Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 39. Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and the only interest of each is to perform and receive benefits as recited in this Agreement. 40. Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 41. No Solicitation/Payment. County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Lease Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission,percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, Contractor agrees that County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 42. Public Access. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents,papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County or Contractor in conjunction with this Lease; and the County shall have the right to unilaterally cancel this Lease upon violation of this provision by Contractor. 43. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 44. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County, shall apply to the same degree and extent Page 20 of 56 to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 45. Legal obligations and Responsibilities. Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by lave except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida Constitution, State Statute, and case lave. 46. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Contractor agree that neither the County nor Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities,have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 47. Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, a Drug-Free Workplace Statement, and a Vendor Certification Regarding Scrutinized Companies List. 48. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 49. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 50. other Use., Contractor shall not use or permit the use of the Premises or any part thereof for any purpose or use other than an authorized by this Agreement. 51. Parairaph Headings. Paragraph headings herein are intended only to assist in reading identification and are not in limitation or enlargement of the content of any paragraph or section. 52. Notices. All written correspondence to the County shall be dated and signed by an authorized representative of the Contractor. Any written notices or correspondence given pursuant Page 21 of 56 to this contract shall be sent by United States Mail, certified, return receipt requested,postage pre- paid, or by courier with proof of delivery, delivery pre-paid. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. The place of giving Nonce shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Nonce shall be sent to the following persons: For County: For Contractor: Monroe County Parks and Beaches Contract Specialist StandGuard Aquatics 102050 overseas Hwy. ATTN: Matt Satter y Key Largo, FL 33037 5665 Atlanta Highway, Suite 103-168 Alpharetta GA, 30004 And Monroe County Attorney P.G. Box 1026 Key West, FL 3 3 041-1026 53. E-Verify System. Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term.Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat. Sec. 448.095. 54. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. 55. Rights Reserved. Rights not specifically granted to Contractor by this Lease are reserved to the County. 56. Governing Law, Venue, Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Lease Agreement, the County and Contractor agree that venue will lie in the appropriate court, or before the appropriate administrative body, in Monroe County, Fonda. Page 22 of 56 The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 57. Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non- prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 58. Mutual Review. This Agreement has been carefully reviewed by the Contractor and the County. Therefore, this Agreement is not to be construed against either party on the basis of authorship. 59. Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Lease shall be in writing, approved by the Board of County Commissioners, and signed by bath parties before it becomes effective. 60. Final i nderstandin. This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings,whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. [SIGNATURES ON NEXT PAGE] Page 23 of 56 I, lN-WITN,8SS VVEEU0,F, pit• - i§ed,t is O Q Ag teJa ent-fib e.&'scut b u resentaAlvi'M I BOARDCORN'E OF p'l 1 ` ° '�:E ', r� !:: .► � F + Lit.•�r.r9UUN T ,1 L' R-lbA.. `rnJ� KAt '�• r.'��tr,��y`, fit, �.n,� �',}/E 1(1 1� �.-x�+y tr r.'�}J,S 13,'.>•.,; hs y V, 'D ty I 660 , airman Ems:tJ',itiY d ►✓0 APPROVED AS TO FORM&LEGAL SUFFICIENCY Monr a ounty Attorney's Office N thalia Mellies Archer Whfics-ses or"CONT CTOR, Assistant County Attorney I wgn, ' so 1 ` Siggratu Toe rLne*SCA " ' I it id ► + a - 4; 'Signature 1 i �A - I ' I ,sue-/,Yjfgjf f '°� ' � r C. _ H t ate. t wW, •awurwr x. Page 24 of 56 i I I EXHIBIT B FLORIDA COMMUNITIES TRUST AREA OF CRITICAL STATE CONCERN PROGRAM GRANT CONTRACT Page 26 of 56 1 297 1 0 9 D 2 9 0 9 3 RZC CONTRACT #94-CT-73-93-3A-Ml-002 FLORIDA COMMUNITIES TRUST PROJECT NAME Recreational PROPOSAL NUMBER 93-00.2-CSI L.O.S. Standards, FLORIDA COMMUNITIES TRUST AREA OF CRITICAL STATE CONCERN PROGRAM GRART CONTRACT THIS. CONTRACT is entered, into on hYLLa-" )S 1 19941 by and between the FLORIDA COMMUNTTIES TRUST (FCT) , a. nonregulatory agency within the State of Florida Department of Community Affairs, and MONROE COUNTY (FCT Recipient) , a political subdivision of the State of Florida, in order to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds (Project Site) , as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to -other-wise implement Provisions of Sections 259.101, 375.045 and Chapter 380, Part III, Florida Statutes. WHEREAS, Chapter 380, Part 111, Florida Statutes, the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs (Department) that will assist local governments in bringing local comprehensive plans into compliance and implementing the goals, objectives and policies of the conservation, recreation and open space, and coastal elements of local Comprehensive plans, or 'in conserving natural resources and resolving land use con-f licts by providing financial assistance to local governments to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259.101(3) (c), Florida Statutes, provides for the distribution of ten percent (10W) of the net Preservation 2000 Revenue Bond. proceeds to the Department of Community Affairs to provide land acquisition grants and loans to local governments through the FCT, with an additional one-tenth to be used specifically for matching grants, on a dollar-for-dollar basis, for acquisition within areas of critical state concern; WHEREAS, the Governor and Cabinet authorized the sale and issuance of State of Florida Department of Natural Resources Preservation 2000 Revenue Bonds (Bonds) ; WHEREAS, the Bonds were issued as tax-exempt bOnds, meani4 �ncorgethat the interest on the Bonds is excluded from the -'gross of Bondholders for federal income tax purposes; GC/9.3-002-CSI-P3A FINAL/3-07-94 I CD FJMIBIT C Page 27 of 56 2 9i 0 9 3 Of F 2' 5 MIE'..'REAS, RuI(.,,� Chapter 9K-5, F.A.C. , set�,; forth the res for eva,Iuation and sel.ection of I a nd.p r o c e.(I ki proposals, for acqui.sitions usinq funds a-11ocated t(.,) the FC'T' Through the, 1, eation rust.2000 Department of Community Affairs from - sery the 1�.r Fund for Areas of rlti,c l State Concer n; WIIEREAS., the FCT Governing Body met on January 6, 1994e to consider and select proposals to receive funding and FCT Recipient-'s proposal was selected for funding, in accordance w1th Rule Chapter 9K'-5,, F-AX- * WHEREAS, FCT is authorized. by Section 3,80.51047) (a) ,, accordance. with, Florlda Statutes, Rule 9K-5.007(4) , F.A.C. , in I Section 380.5.10(4) , Florida Statutes, to impose grant conditions deemed necessary 'to protect the interests of the State of Florida. and to ensure that -the pro)oct complies the requIrements for the use of Preservation 2000 Bond proceeds, and which must be met by the FCT Reclpient prior to the: release, of any funds; WHEREAS,, such condations shall be "imposed. by a grant, contract that, sha.1.1 contain by reference a.11 regulations, rules, and othder grant conditions governing the matching grant award, that shall. describe with particularity the real, property that is subJect to the, contract and that shall. be recorded JL.n the county in. which the rea.1 property is located; and WHEREAS.,, the purpose of' thas Contract is 'to set, forth the tdrms and conditions of -the matching grant award and covenants and. restrictions that shall be imposed on the Prolect Site(s) acquired with. the FCT Preservation 2000 Bond Proceeds and the ReCiPient's. loca-1 match. NOW THEREFORE, a cons ideration of the mutua-1 covenants and undertakings set forth herein,, and other good and val.uable consideratIon, the recelipt and sufficiency of' which. is hereby acknow I edged, FCT and FCT Recipient do 'hereby, contract and agree as follows.. 1. GENERAL CONDITIONS I.. At least two or.iginal copies of' this Con tract shall b ted FCT: Re: e .F V etud to the FCT office at 2740 execu by; c l plent and r rne CentervIew Drive, Tallahassee, Florida 323,99-21.00 within Sixty (60) days of mailing by FCT 'to. the YCT Reciplent. Upon, receipt bY FCT of the s1gned Contracts, FCT will execute the Contracts, retain one original copy and: return all other copies to FCT Reciplent, 2.. Upon execution and delivery by the parties hereto,, the FCT Reciplerat shall cause th1s Contrart to be recorded and filed in the officlal,,: publi,c records: of' Monroe county', Florida, and in GC/93-002-.C,,,5I.-P3A Page 28 of 56 2 7' 82 ff.c illegal or unenforceM,>Ie, tho val.ld.-Ityr le.9a.lity and enforceabl.1-it-y of' the remaining provisi.-ons. shall not i,.n any way be affected or impai';.-rcd. Il. SPECIFICCONDITIONS REQUIRED BY RULE: 9K-50, FLORIDA ADMINISTRATIVE CODE 1. FCT Recipient hereby acknowled. es and agrees that Project, -work may not be: initi"ated prior 'to execution of this, grant contract. 2. All, matching grants from the Area. of Critical State Concern Program shall. be used for land acquisitions that assist an, Area of Critical State Concern county to implement or further the conservation, recreation and open space,, or coastal management elements of the local comprehensive plant to �conserve natural resources, to resolve land use conflicts, and to implement, land development regulatlons which further the prInciples: for quILdIng development established for that Area of' CritIca.1 State Concern. 3. Preservation 2000 funds recelved by the FCT Recipi'Lent under this Contract shall only be, used, for the land acquisit.J'Lon project, costs, as defined 'in Rule, 9K-5.002(19) ,, and as set forth. M in Proposal 9.3-002.-CS1. 44 The FCC' Recipient hereby agrees to fully, perform the p w;ro)ect as descraLbed in the. Proposal 9:3-002-CS.I. The scope and nature; �of the project 'work for which the, grant assistance is authorized shall be, as follows.: Land, acquistion program t0i 'implement the recreatlon level. of service standards of the Monroe County Year 2010 Comprehensive Plan and ellminate the level. of service defic,iency of activity- 'based parks in the Upper Keys through the, year 2002 by the purchase of land, as descri' bed in Proposal 9.3..-.0.G.2..-C.S1,, for activity-based. recreation. 54 The FCT Preservation 2000 Bond, Series award granted. to the FCT Recipient shall in no event exceed, Two million one hundr.g.d....sixty thousand eight-hund.red forty-n].ne and O..P/-_L0 0. Dollars ($2fi.60,F849.00) . 6. Funds, awarded -under- this Contract, shall be awarded as a matching grant: -to: FCC"' Reciplent. Funds awarded under this program. shall be matched, by -the Recipient on a dollar-for-dollar bas I S. - e nt sha Il prepare a mana-gement, plan, The! Vim CT 'Reci.p,i GCS,93-00i2­CS1-P3A Page 29 of 56 � 03 REC 2 such manner and in such other places as FCT may reasonably request, and shall pay all fees and charges incurred in connection therewith. 3. The FCT Recipient and FCT agree that the State of Florida Department of Environmental Protection will forward this Contract to Department of Environmental Protection Bond Counsel for review for conformance to bond restrictions. In the event Bond Counsel opines that an amendment to this Contract is required so that the tax exempt status of the Preservation 2000. Bonds is not jeopardized,, FCT and FCT Rec-1pient shall arvend the Contract accordingly. 4. This Contract may be amended at any time. Any amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. 5. This Contract and the -terms, conditions, covenants and restrictions contained herein, shall. run with the real property acquired with the funds received. hereunder and the local match, and shall. bind, and the benefits shall inure to, respectively, the FCT and the FCT Recipient and their respective successors and assigns, 6. This Contract shall be governed by and construed in accordance with the laws of the State of Florida, with respect to both substantive rights and with respect to procedures and remedies. 7. Any notice required to be given hereunder shall be given by personal delivery, by registered mail or by registered expedited service at the addresses specified below or at such other addresses, as may be specified in writing by the parties hereto, and any such, notice shall be deemed received on the date cf delivery if by personal delivery or expedited delivery service, or upon actual receipt if sent by registered mall. FCT: Florida. Communities Trust Department of Community, Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 ATTN,-- Executive Director FCT Recipient: Monroe County, a political subdivision of the State of Florida 2798 Overseas Highway Suite 410 Maratlion,, FL 33050 ATTN: Lorenzo Aghetno GC/93-002-CSI-P3A FINAL/3-0.7-94 3 Page 30 of 56 OFF �: ' i'M-11 9 of' the 'I . r Monroe County W a IIII I i i.! ed d. A r. A 9�u�..e F a I. d F '.[a A..�. .,,....��...:�...�. :...::...".;c, °. ��:....x.(w c...: ,. s. ,..............................,,.�... ..,w..................I �., ,.:,. .._._.....................�.....................: ................ ..........._._...._...:,:,:.,:..,...,.n ".................. W L,1-1.1.......L.1- A................................. ......................I........................ -^._---------------- ................... ...__...._ �. 12. Pursuant 'to Rule 9K-5.,00:7( ) F.A.C. approval for funding shall be for a period not to exceed two years From the. date of the meeting at which th pr val was given. The ,p roval for fu nd i nk• under this Contract shall expire upon the. satisfactory completlo,n of 'the project work. and terms and: Conditions of this Contract or January 5, 1.996,, whichever occurs first. 13. Funds awarded under this Contract shall , 3 : t t termination. follows: .. Failure of the F"CT 1p ien to comply w-ith the prov.1slons of this Contract steep con statute grounds for terminating the matching r'a . The FCT grant portion funds remaining in the restrIcted, account as a result of earlytermination of a project grant or from completion of the project at less than anticipated cost, shall. revert to the Florida. Communities "gust Preservation 2000 Trust Fund. and be a . r. u.te:d. 't 'the bore. Series out of which the match.-ing• grant wasmade. 14. Notice f' Termanation may be, glven by either party according the provisions: r notifizatlon in Section I. , paragraph 7 above. If -the FCT delivers a Noti,ce of Term,31"nation prior to January , 1 ',, such notice shall provIde the reason for r ina lon and thirty ( ) days for the FCT Recipient correct any deficlencies, or violations t'hat may be, the basisf the Notice! Of Termination. .5. The 'P . send hereby agrees to fully complywith the applicable ccountin , retention '' accounting' records, and. auditing requirements a.s described, in Rule ' - .010-.0 . !, F.A.C. 16 w Pursuant 4.r�°,.A' Rule� .K .: 0�I'(L 8. ,• F. T w� W.r+I�e �6�CT Recipient hereby agrees, o submit a.r r ly proJect progress reports 'until. this on r' el Cher expires or is terminated, according . Exhibl't "C" attached hereto and, Tnade a part 'here :E.: 1.7. Pursuant, to Rule -. ,.o.1. ',, F. .. . , annual. stewardsh,lp reports to FCT according to Exh l b it '11 attached hereto and made a part hereof. Page 31 of 56 follow.i.nq the J.J.n.p.s in EkRg i.�, 7A bq%�prova I by the governIng body prJ,or to the release of ziny- funds by the FC71k, ThIs plan. must, inc l.txle the fol.low ins, : a. At a m.in.ii.mtim tho Management, plans shall. set forth how the site wi.l.). be, managed to further the purpose of the: project, a description of all planned. improvements to, the! project s.lte, the costs and, funding sources, and the management entity and. 'Its funding source, If' the FCT Reclpient 'is not the, proposed. managIng entlty, the management plan must Include a sil.gned agreement between the FCT Reciiplient and: the managing entity stat-Ing the managing, entAty's willingness to manage the si.te.f the manner in which the site wJ'J1 be managed. to further the purpose(s) of the pro)ect,, and, identification of the source of funding for management. b. Evid.ence that the. management plan is consistent w1th the local comprehensA.ve plan. 0. Evidence thait -the condItions imposed. in the grant contract have been satisfied. 8 qi! The governing- body shall approve: or re.3ect, the: management plan In accordance with the FCT RecIpient's compliance w i't,h the grant contract and the requirements �of Rule 9K-5.008:1, 9. The FCT Reciplent hereby agrees to fully performthe obligations of the Management Plan: approved by FCT. 10. FCT Recipient hereby agrees to provide evidence within thirty (30) days of FCT governlng board approval of the management pla.n. that the local match portion,, in the amount of Two mi one hu,ndred sixtY_th,g>_11_g.And, ei 'ht-hundred fortIrnine gn.cj OiO/100 Dollars ($2,,160,849.001) of the total project costs hay been transferred by the: YCT Recipient into a restricted, segreqated account established and used. exclu-sively for the pu,rpozez of' the funded project. Upon notification to FCT that the: re sty iLcted account has been established, the FCT- funds shall be d.elivered 1n the form of a state warrant payable to the FCT. Rec.i.plent, Wi.thin 30 dzys. The. restrIcted account shall be -the receivIng account, for the FCT inatching grant and. shall be subJec:t to the accounti-ng and auditing provisions set forth Exhibit "B" attached hereto and made a part hereof. I Pursuant to Rule 9X-5.:003(4) ,, F.A.C.,,, prior to awarding funds the local comprehiensIve plan of' a FCT Reclpient must either be f ouad. 1,n compliance by the Department or the FCT Recipient -must have executed a stipulated settlement agreement with -the Department to ref�;olve all. -the issues raised by the. Depax-tment in a statement of Intent to find a plan not in compli,arice issued. pursuant to Section 1,6,3 .:3184, Flor ida Statut,es. FCT Recipient Page 32 of 56 829093 RE, J III-1 PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY CHAPTE R 259, CHAPTER 375,� AND CHAPTER 380,o FARTX110 FLORIZA STATUTES. 1.. band; acquisItion procedures of the Monroe County Land Authority, act.i.,nq -an behalf Of the Board of County Com-mlssioners of Monroe County, shall, be. used. for the acquistion of the Property hereunder. 2. Any deed whereby; the FCT Recip,J'Lent acquires title to a. J i i - Pro'Ject Site shall in by reference the, covenants, and restriction of thIs Grant Contract to ensure that, the use of the Project SIte at all time compli,es wath Sectian 375.051, Florida Statutes and section 9:,, ArtAcle, XII of the State, Constitution. and sha-11 contain the following clause provi.ding for the conveyance, of title to the Proiect Site, in the. Board of Trustees of the Internal Improvement Trust Fund upon failure: to use. the Pro)ect si',te conveyed, thereby for such purposes: By acceptance of this warrant v deed,, grantee herein hereby, agrees, that the use of t•he Property described herein shall be subject to the: covenants and. restrictions as set, forth in that certain. Grant Contract, recorded in Official Record Book Page Pubilc Records of Mionroe, County', Florida., These covenants and, restrictions shall, run with the Property herein described. If an•y of the covenants and, restrictions of, the Grant Contract are violated by the grantee or by some third party with the, now of the grar , I itee, fee simple title -to the Property described herein shall be conveyed -to the Board of Trustees of the Internal Improvement Trust Fund of the State of Flor.ida in accordance with the Grant, Contract without further notice -to: grantee, 'Its successors and assigns, and grantee, 'its successors and assigns shall forfelt all right, title and interest in and to: the Property desc ri bed herei n. A.. 3. If any essentlal, term or condition of this grant contraci-t is viol L i a-ted by the FCT Recipent or by some third party k ecipae wl,th the nowledge of the, FCT R i ' nt and the FCT Recipient does not correct the violation w1thin 30 days of notice of the vlolation, fee simple, title to all. interest 1n the Project Site shall be conveyed to the Board of Trustees �of the Internal Improvement Trust, Fund., The FCT shall treat such. property in accorda nce w i th S ect i o n: 3 8 0.5 0 8(4) (e.) r F 1 or ida Statute s*, .4. Any transfer of the Project Site shall be subject, to the approval of FCT and FCT shall enter in-to a new- agreern,en t with the transferee, contal-ning, such covena.-nts, c.lain es, or other restrictions as are suff-icient to protect, the, interest of the GC 9 3-0 0 2-CS I-1):-.1,A, Page 33 of 56 0 9 0 3 Ric 1: 2 9 7 Pik[ 7 5. The: if any, acquired by the: FCT Recipl',:ent in the 1>ro-,)ect 1,3i.te will not serve as security for any debt, of the FCT Reci.pient unless, FCT approves the: transaction. 6. If the exIstence o ' the. FCT Recipient terminates for any reason,, t i tle to al.1 interest, in rea l property it has acqui red with 'the FCT award shall be conveyed to the Board of T.rustees of the Internal Improvernent ':rust. Fund, uniess FCT negotiates an agreement with. another local government or nonprof it organization whIch agrees to accept, tltle to all interest in and, to manage, the projiect Site, 7. In the event, that the Project Site is damaged or destroyed or title to the Project Site, or any part -thereof, is taken by any governmental body through the exercise or the threat, of 'the exercise of the power of' eMinent domaan,, the FCT Reciplent, sha,11. deposlt with -the FCT any; insurance proceeds or any condemnation awmard. and shall prompt y commence -to rebuild, replace,, repair or restore the Prolect Site in such manner as is consistent wath the Agreement. The FCT shall make any, such i,nsurance proceeds or- condem,nation: award -moneys, avallable -to provide funds for such restoration work. In the event that the FCT Recipient fails to commence or to complete the rebuilding, repair, replacement, or restoration of the Project Site after ,notice from the FCT,, the FCT shall have the right, in addition to any other remediles at law or in equity-., to repair, restore,, rebulAd or replace the Pro)eon. Site so! as to prevent the occurrence of' a default hereunder. 8 M. Notwithstanding any of the foregoing, FCT shall have the, right, to seek. speclf,i,c -performance of any of the covenants and, restrictions of this Agreement concerning the construction, and operation of the, Project Site. IV* CONDITION'S RELATING TO THE PROJECT SITE. I. The Pro)ect Site shall be managed only for the conservation, protection and enhancement of natural. resources, and with the for publIc outdoor recreation which is, compatible 1 conserva-tion, protection and enhancement ot the natural resources that may occur; on, the Project Site, alo•ng with other related uses neces-sary, for the: accomplishment of th:'Ls purpose,,, The 'proposed, uses, for the Project, Site are specifically stated 'in Proposal 93­ 00.2.-CS1. approved by FCT* 2. The FCT Reclpient shall. ensure: that the future .and -use desivnation asssig-ned to the Pro-'ject Site i's for a. category dedicated to open space, conservation, or outdoor recreation uses as appropriate. 1-f an amendment, to the FC111 Reciplent's GC/93-0102�C�S'1-133A. Page 34 of 56 0 2 9 0: 9 3 (Al ff` 12 0 9 8 C it; required. t(,) compl.y! w.j,th this paragraph,, the amendment. shal.1. k)e proj)o,r_,e-d at the -next, comprehensive plan amendment cycle ava,i,lable to the FCT Rec,ipient. 3. FC11.1 JR,eciplent shall, ensure that all act--iviti,es, under this contract comply wi.th. all applicable local, state, regLonal I 'I and federal, laws and regulatioins, including zoning ordinances and the adopted and approved comprehensive plan for the Jurisdiction as applicable. 4. The FCT Reclpient sha,11,, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not kn conformi.ty with the FCT approved management plan. 5. FCT staff or its duly authorized representati,ves sh-all have the r.ight at any. time to 'inspect, the. Prolect Site and the w. d. operations of the FCT Recipient at 'the Project Site, 6. All building-s,. structures, improvements, and signs shall requi-re the for -written approval of FCT as to purpose. Further, tree removal, other than n on-native species, and/or ma3or land alterations shal,l requ,ire -the wr,itten approval of FCT. The approvals required from. FCT shall, not be unreasonably -with- held by FCC upon suf f icient demonstration that -the proposed structures, buildIngs, improvements, signs, vegetat ion removal or land a1terations will not adversely- impact, the, natural res,ou,rces of the Prolect Site,,.. The approval by FCT of the. FCT Rec,Ipie,ntfs management plan: addressing the items, men-tion , herein shall be considered. written approval from FCT. so If archaeological, and historic s1tes, are located on the Pro)ect Si.te, the. FCT R eciplent shall comply with, Chapter 267,,. Florida Statutes. The collection of artifacts, from, the Pro-)ect Site or the disturbance of' archaeological and historic sites on: the, Prod ect S101te wi.11 be prohlbilted, unless pr-ior written authorization has, been obtained, from the Department of State,, Divisi,on -of H-istorical. Resources. 9. The, FCT Reelplent shall ensure -that the Pro-)ect Site is identified: as being publicly owned and operated, as a. natural. resource-based publ Ic outdoor- recreati'onal site in all signs, literature and advertising regarding -the Project Slte. The FCT Recipient shall erect, a sign(s) ide,ntl':fyl'nq the! Project Site as: be .n to the publlc and as having been purchased with funds ing ope, 1 fromi FCC' and FCT Recipient. Page 35 of 56 829 093 K 9 InAl Si;I 1 0, 9 9 V. 01BLIGATIONS OF THE FCT RECIPIENT RELATING TO THE USE. OF BOND PROCEEDS 1. If the Project Site is to remain subject, after its acquistion by the FCT Recipient and/or the Trustees, to any of the below listed activities: or interests, the FCT Recipient shall prov ide at least 60 days advance written notice of any such activity or interest to FCT, and shall. provide to 'FCT such information with. respect thereto as FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or interest: a. any lease of any interest, in the Project Site to 11 any person or organizations b. the operation of any concession on the Project Site to any person or organization.; C. any sales contract or option to buy things attached to the Project Site to be severed from the 'Project Site, with any person or organization; d. any use of the Project Site by any person other than in such person's capacity as a member of the general public, e. a management contract of the Project Site with any person or organization; and f. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recip lien.t. 2.. FCT- Recipient agrees and acknowledges that the following transaction, events, and circumstances may be disallowed on. the ProJect SIte as they may have, negative legal and tax consequences "nder Florida law and federal income tax law: a. a. sale of the Project Site or a lease of the Project Site to any person or organization.- b. the operation of a concession on the Project bite by any person or orq,anization; C. a sale of things attached to the Project Site to be severed from the Project Site to any person or organization,, I d. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made; GC/93-002-CS-I-P3A FINAL/3-07-94 10 Page 36 of 56 2 OFF REC 9 7 e any use, of the Project site by, any person other than in such person's capacity as a member of the general. public; f. a management contract of the Project Site with any person or organization; and 9- such other activity or interest as may be specified frorn time to time in writing by FCT to the: FCT Recipient. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. V1. CONDITIONS PARTICULAR TO THE PROJECT SITE AS; A RESULT OF THE FCT APPROVED MANAGEMENT PLAN I. The FCT Recipient shall perform an archaeological survey of the Snapper Cay site prior to the commencement of proposed development activities on that site, All planned activities involving known archaeological sites or identified site areas shall :be closely coordinated with the Department of State, Division of Historical Resources in order to prevent the disturbance of significant slites. 2. Coordination with the Division of Recreation and. Parks in the design of the recreation facilities and the overall development of the sites to insure that adequate, consideration is given to the containment of stormwater and minimizing negative impacts to the adjacent surface water quality. 3. Coordination with bond counsel to insure that activities proposed on the site do not put the tax-exempt status of the bonds at risk. 4. Coordination with the Game and Fresh Water Fish Commission in the design of the recreation facilities and the overall development of the sites to insure that adequate consideration is given to the protection of listed plant species and wildlife: habitat. 5. The timing and extent of a vegetative survey of J vegetative communities and plant species on the Pro3ect Sites shall be specified In the management plan. The FCT Recipient GC/93-0.02-CS]--P3A FINAL/3-07-94 11 Page 37 of 56 829093 4, j 7 PAU 0 1 REC shal.-I detail how the survey shall be used during development of the mites to insure the protection of the natural resources on the Project Sites. 6. The wetland communities that occur on. the Project Sites shall be. preserved and appropriately managed to ensure the long- term viability of these communities. 7. The tropical hardwood hammocks that occur on the Project Sites shall be preserved and appropri-ately managed to ensure the long-term viability of these communities. 13. Invasive exotic vegetation that occurs on the Pro)ect Sites shall. be eradicated. The FCT Recipient shall use the Exotic Pest Plant Councilts 1993 List of Florida Most Invasive Species list to assist in identifying invasive exotic species on the Project Sites. 9. Avegetative buffers shall be provided along the boundary of the Project Sites that interfaces with residential developments. 10. Access to the Project Sites by pedestrians and bicyclists shall be promoted, In the event of a conflict between the terms of the Grant Contract, the Management Plan or the Grant Proposal., the controlling document shall be in the following priority-, 1. The Grant Contract, 2. The Management Plan; 3. The Grant Proposal. This Contract *Including Exhibits "A". 'fB".r "Cif and "Dif embodies the entire contract between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Contract. MO N RO E U rrNT' Y 3. E ORIDA C UNITIES TRUST BY: Linda Loomis Shelley, Chai r P-1 Mayor/Chairman D te: Mach19 Date. Accepted as to Form and Legal Accepted as to Form and Legal Sufficiency.- Sufficiency: f Date'. ' 94 ��.w........ .� Date: (S en 1) GC/93-002-CS1-P3A Attest: 1)dimy I.. Kol,hage, Clerk. FINAL/3-07-94 12 By: Page 38 of 56 OFF 0 3 RIC 1 2 9 7 1 10 2 STATE OF FLORIDA COUNTY OF LEON The: if' egaol cqj instrument was acknowledged before me th., day of 1994, by LINDA LOOMIS SHELLEY1 as Chair of the: Florida Communities Trust. shy is personally known tome. N?.ry Pub.11 4r-'nt Name:-- . M mmiSslo, mission No. IrC, y V COMMjS commission Expires: (4 STATE OF FL^nIDA COUNTY OF The foregoingins-trument was ar-knowle erg Abefore me thisA6�k day of 1994 by&4w a vdz&.6- , as He\She is personally nown to me. Ngtary publ-'X Name li Print Ne; LC 7#,V Commission No. my Commission Expires: ALVW SMITH-JIR-: "#CC303545EKP1fY4S wy GDMMO J*n'.I DONOEC IM TFM FA*l CC/93-002-CSI-P3A FTN AL/3-07-94 13 Page 39 of 56 J.",x 1111311, A 7111`S T R U S"r F"LORIDA C`OMMUNI 10 TECHNICAI., ASSISTANCE B'LiLLETIN.- 02 WR 17ING A MA NA GE"MEN'T.PLA N 'The conceptual management plan, submitted as a part, of a, Florida cties Trust, (IIFCVI) grant, application or proposal, serves as a ommun i 3. basis for the -management plan for project sItes purchazed with. funds f rom FCT., Materials and information gathered for -the application or proposa,l can and: should be, reflected in the plan where appropriate. Conditions required, in the Conceptual Ap,P roval Agreement or Grant , Agreement should be: incorporated in, the management plan, Location map., boundary map, vegetative surveys,, site plans, Conceptual Approval Agreement,, the recorded deed when 'lit becomes available, and other supiportIng documents sh-ould be included as exhibits or included. in the a.ppendix of the managemen't plan. for future readers. The followJ*Lng general outline identifies the range of issues to be addressed in the: management, plan, where applIcable. INTRODUCTION AND, GENERAL INFORMATION Provide infor-mati on including the name, of the prolect, the location, of the Project Site, and other qen.eral. information such as a brief resource descr,iption, and. historical information relevant to site management Provide a table of contents of' the raanagenent plan, 'PURPOSE OF THE PROJECT AND M"AGEMENT Discuss the purpose for acquiring.. the, Proiect Site and proposed. future uses, cons'stent with statements -made in the a 1 cat ion o r I I ppli proposal. Provide a suinmary of the comprehensive plan directives 'that, would. be, furthered by managing- the site as proposed.. Co mitzents, made -in the application or proposal, and reInforced by conditions of the grant funding must be: reflected in the management Pd.a,n- Identify the principle. objectives for managing natural resources and compatible outdoor recreation, IdentIfy a procedure to amend. the land use designation. to conservation,,, outdoor recreation, open spiace,- or other- SlMilar category one the land is acquired, Include provIsions to ensure ttiat the Project, Site is identified "in W all signs, literature, and. adve.rtising as being publicly owned, open to the. publ!!Ic and operated as a natural resource conservation area, outdoor rec-reation area, oil, other appropr i.ate 2 descr i '. iptive language,- 4,,irid iclentif'ying the Project', Site as having bo,,o. M I . n purcl-lased wi',.th funds fr(.-M the F"CT and th.e Recij)ient. e v Page 40 of 56 �� 9 0 93 OFT-S REC 9 7 PAR I 1 0 4 IMPROVEMENvs, AND ACCES f- i,,-tten appt-ova' from the 13 w.r I r'l o r I'D()1'ate. i prov,l< I.M1 undertaking any S.i,tle. or 1,jhysica-1 J.mpro-vements I t1---hat are 'riot addressed i,.n t'lbe) FC",r approved -ii�a ri zi q e m,e.,n t p 1,a S a rove-ments C l ........ -Y id.vantify and locate eXisting and proposed physical improvements to the. Project, Sate on a master slte plan. These might include such t h i n g-s a.s s i,g n.S. e n c e,.r-,, wzal kw a recreational paths, campgrounds, restrooms., eft-cational space, ut,)Jity corrldors, parking- areas and buildings. Identify any proposed alteratlon of land, use or character, the approx1mate, area affected and how: this act3i_vity wil-11 be coordina-ted l ith; the protection, of li,sted plant and animal species. ldentlf any w Y permits or approvals that may be required for the development or restoration work and a procedure for providing ev1dence to the: FCT prior to the Initiation of any activ,ity that. a1l required licenses and, permIts have been obtaAned. Include the: placement of at least one sign J'Aentlfyinq the, Pro)ect SI-te as being open to 'the public, purchased with funds from FCT and the Recipient, operated as a natural resource conservation, area, W other appropriate, descri-p 1 outdoor- recreation areae or tive, language. A_c q e s s Identlify how access, to: the Project Site wall be provIded. For example., are parking places proposed: on.-,site, and if so, a pproxi i how- many spaces or how much area will be d voted. to mately e this use?o if parking is not proposed on-.site, are there existing or proposed spaces ad-)acent to or sufficle,ntly near the property?, 4: Identify any; proposed access, to waterbodies including., but not lim f ited to, marinas, docks., boat ramps, I shing piers or viewing platfo,rms and the approximate size of the fac,illty. Consider providing bike paths to the site and bike racks, at the site to ide an, alternative to automobile transportation to the; Proect provi 1 1 1 Site. Access to Pro)ect Sites should be compatible with, all state and federal construction standards, including -the Americans wit-1-1 Disabilities Act. Identify exIsting' and proposed easements, concessi'vons, or leases., If ea semen ts., concessions, or, leases are, anticipated to: be granted on the: Project S,ite:, such. proposed arrangements need to: be identifie�d-.- These might, include utility rIghts-of-way, flowage or access. easements, recreation or supply concessions, and leases or other Instruments that would allow gra-zing, t1l.-mbering, agriculture, 0:1- other revenue produc.i.nq enterpri s es. Dric"I.t..�de, a pxocedure to pirovide 60 days pri,or written notice. and. reqardinq any 1ease of any interest, the. operatl'on of' 0.1p t",_10 V I R ar)y vi1c.;e o t her t,",,hanby a ti.ie-fin.ber V, Page 41 of 56 L L 4L U 0 11 1 1. "L J fn 4­�T.)�.l(.j e nil rl t T." o w V)....... V I'll t"), A KEY MANAGEMENT ACTIVITIES .M-ai n t e n an cc required mia-inten.z.i.. nce acti-vit.i.es, including but not limited to trash removal., site c1eanup., and f�,,:,acilities Upkeep identify the entlty responsible for property maintenance. ld.ent if y procedures to ensure that dumping of tricish or hazardous material, does not occur on or adjacent to the Project Site. Identify contemplated. service contracts with private, Concerns Such as garbage removal,, restroom cleaning, security guards, etc. Security: IdentIfy the parties responsible for preventi'Lng vandalis.m., trespassing, and other property damage. Identif y measures to protect, the Project Site and the public using the. tsite such as on-site manager, security quard,s,, neighborhood. watch., emergency phones, etc.r. q, Staff,.vng: Ident-Ify, the expected staffing requirements, for management of the Project Site including both permanent and volunteer staf f. Natural resource protection: Identify the natural resources, at the Pro Dect Site and the 3`.Szues, problems,,, and proposed. management techn.i.ques associated with -protection of' those natural resources. Management tecb.niques should Include, but not be limited -to, a baseline survey of listed p1ant and animal species, Protection of listed plant and. animal spiecies,, protection of I'mperiled or critically imperiled. vegetative communi-ties, protection of geological, features, protection of surface water and groundwater quality an rology and prescribed burns., Iden.t..ify monitoring activities to insure the continued vlabild.ty of; 4, vegetative commurn and, listed specles found on the Pro3ect site, The monitorIng pl.an should linclude. periodic, surveys of the vegetative communities, listed plant specieos,, and listed anim.ai species: found on, the Project site. Provide for, forwarding survey information on the occurrence of listed plant and anima.1 spec4es to the Florida Natural Areas Inventory. Resource restoration and enhancement'.M. Identify the primary components of 'the Project Site: enhancement and restoration effort, if any. These might include removal of 1n,vasive exotic plant species, removal of feral aninals, restoration of wetlands, improvement of surface water quality, recovery plan for listed 4 spiec,,ios, and. restoratlon of uplands, habitat. This section. should include a time frame for Implement-irig and camp'],.etinq the activatleS and a, monitor-Ing program to: insure success of: the resource r enhzincement act iv Identify pcnirts, of the property that re i e different degrees or -types of enhancement, manageme.n.t., Archeological and historical resource, . . protectlon.0- 1dentif y any Page 42 of 56 OF F i #_11 8 29 0 9 3 REC 0 6 0 L.e.(16 t.� 41,11.,(_6�I Oi 1_1 t..1; e�,J�I .,q!; t:,. 0 "1 0 r I-!I t. i c- J. 1' a i ai tl'e,,sources are, the Proj(..�ct S..ite, t:,,J)e Rec.,Ipient sha.1.1 0 M p.l.Y w1th -the of' Chapter 2670: fit':1-oi-li-da, Statues specifically Sections 267.061, (2) (a) and. (b) . Provide f or coord-l"nation with the Div.ision of' Historical Resources, Florida. Department of Stat,e. Coordination.4 Explaln how the management of the site W-111 be coo-rd-inated with other ad)acen.t ,and owners and, other resource. protection agencies. For example, in, the case of prescribed burns,. what measures will, be used -to m1nimIze impacts on nearby residential p:-,roperties? identify measures to protect the Pro.)ect Sites from, adjace,nt off-site activdtiens that might i,mpact resources on the Project Site such as pesticide spraying on ziidla,cent property,. -water J treatment. facility dissc.hargiyig into creeks f1owing -through Prol.ect Site, etc... ,Include Provisions to coordinate w1th other agencies for appropriate guidance, recommendations,: and necessary permits that, may be r'elated to th Pro)ect, S-ite, such as, -the fol.low-ing: the Florida Game and Fresh Water Fish. Commission and U.S. Fish and Wil.d.11fe Service, to avoid Impacts to 11sted species; the Water Manaig,ement District and Department of Environmental. Protection to ensiure that development of the Project s,ite is done in a manner to: 'protect or improve Water quality; the DIV-1islon of' Forestry and the Game and Fresh 'Water Fish Commission on -the implementation of a prescribed burn program; other ,local, state, or federa-1 agencies special. man-agem.ent plans, if appropriate. COST ESTIMATE. AND FUNDING SOURCE Identify the estiTnated costs of the various dev-elopment and mana.gement activities outlined in the management p1an. For review ,and. anal s purposes.. the estimated costs should. be separated into the same categories as the identified act1.v.1t1' ,e1,$,,, IdentIfy the entity that w1-11 pay for development and inanagem.ent of' the Project S.Ite and some measure of the commitment or! capacity to provide these monles. For example, adequate personnel. and resources, in the 1ocal piarks, and recreation department, may exist, -to address the. added burden azs,ociated with, the Project Site,, Identify any citizen iorY organizatn or non-profit g-roups committed to providing services, or funding and a. -measure of' commitment or capacity to provide these, services. PRIORITY SCHEDULE. Idt-,,ntify a proposed. time I e for implementing the development and. niiaiiag(.�memt- activdties of tlie management plzin biased on estabi-Ished P r-i 0 r. ii.es a.n d, th e a v a 11,ai hi i.I.J.t.y o f f u.n d s Pz-ov.i..de a graphic display of lines. Rev. Page 43 of 56 8 3 F MONITORING R'[C' I - 9 7 PAGE I 10 7 Identify procedtires for assessing progress in achieving goals set forth in the management plan such as the percentage of property restored, inventory of species usinq the Project Site, etc. Identify procedures for perlodi.c amendment to the management plan, when appropriate. Include a provision acknowledging responsibility for preparing an annual stewardship report to the FCT.' due on the anniversary date on which the Project Plan was approved by FCC'. Rev. 3/4/94 5 Page 44 of 56 RfcI 97t" Exhibit I'D" Rule 9K-5,,010 Accounting Requirements. The grantee shall maintain an accounting system which provides for a complete record of the use of all funds connected with the grant. This accounting system shall provide for-. (1) Accurate, current, and complete disclosure of the financial results of the grant. (2) Records that Identify adequately the sources and applicat-lran of funds for all activities related to the grant. In the absence of a proper accounting system with accounts for source and application of funds, a separate checking account may be: used, (3) Effective control over and accountability for all, funds, property, and other assets, (4) Comparison of actual outlays with amounts in budget. (5) Procedures to minimize the time elapsing between. the transfer of funds from the Trust and the disbursement by the grantee. (6) Procedures for determining reasonableness, allowablility, and, allocability of costs. (7) Accounting records that are supported by source documentation, for example: invoices, bills, canceled checks. (8) An independent audit performed in accordance with Section 11.45, Florida Statutes, and rules of the Auditor General of the State of Florida. Such audits should be conducted at least every two (2) years. Specific Authority 259.101, 374.045, 380.507(11) t F.S. Law Implemented 259.101, 375.0451 380.51OF F.S. History-New 6-30-93. Rule 9K-5.011 Retention of Accounting Records. (1) Financial records, supporting documents, statistical records, and all other records pertinent to a grant shall be retained for a period of three years after the end of the grant period or until an audit is completed. If any litigation, claim, or audit is started before the expiration of the three year period, the records sha.1.1 be retalned until all litigation, claims, or audit GC/93-002-CS1-P3A FINAL/3-07-94 Page 45 of 56 3 2 9 7 flnd.�Lnqs involving the records have been resolved. (2) The grantee shall make all grant records of expenditures, copies of reports, books., and. related documentation available to the Trust, the Department, or any duly authorized representatives of the state for inspection at a reasonable time for the purpose of making audits, examinations, excerpts, and transcript. Specific Authority 259.1.01, 374.045, 380.507(11) , F,.s. Law Implemented 259.101,, 375..045,, 380.510, F.S. History--New 6-30-93., Rule 9K-5.012 General Audit Procedures. The 'Trust shall develop a monitoring and audit schedule at the beginning of each grant year to insure the ad-equate monitoring and audit of selected grantees. All grantees that receive a matching grant sha.11 provide for examinations 'in the form of audits of their books and accounts., This does not mean that, each, grant shall be audited separately. The grantee may provide for a general audit. of its books performed in accordance with Section, 11.45, Florida Statutes, that would include the grant. The Trust may, at its option, perform selected or complete audits of grants or grantees. The potential for such an audit increases when one of the following circumstances or conditions exist; (1) First year grantees, (2) Where a grants administrative official of the Department, or Trust determines that a grant report Indicates that a provision of the grant requirements has not been met or a grant report has not been filed by the grantee; (3) The grantee has a history of poor performance under a Trust grant*; (4) The grantee is under investigation by another granting agency. Specific Authority 259.101,, 374.045,, 380.507(11) 1 F.S. Law Implemented 259.101, 375.045f 380.510r F.S. Hiistor.y--New 6-30-93. GC/93-002--CSI-PIA FINAL/3-07-94 2 Page 46 of 56 9 93 7 REC � � �I � EXHIBIT "C" QUARTERLY PROGRESS REPORT Please fill in all Project identification. information as requested,. The performance reports will be cumulative in terms of information presented, but the Quarterly Report Period should indicate only the date of the current quarterly period being submitted. Project, Description should be a maximum of two paragraphs, identifying the problem which this, project addresses, the proposed solution, implementation, or other proposed outcome of the project. Please identify any partners working with, the Recipient. Project Acauisitions should list and briefly describe all acquisitions identified in the Grant Proposal and Contract. Prolect. Progress by Quarter should become a cumulative report throught the life of the project. Please address specific progress made toward completion or satisfaction of each acquisition. The acquisition itself need not be reiterated, but the acquisition numbers should correspond with the Project Acquistion numbers identified in the Project Acquisition section above. Please identify completion of each acquisition where ,appropri I ate. PROJECT NAME: FCT RECIPIENT. PROPOSAL NUMBER.* PROJECT MANAGER. EFFECTIVE DATE OF AWARD,. QUARTERLY REPORT; PERIOD: PROJECT DESCRIPTION: GC/93-002-CSI.-P3A FINAL/1-07-94 Page 47 of 56 829093 RED1 1 1 1 1 PROJECT ACQUISITIONS: Acquisition I. Acquisition 2. Acquisition 3. (List all acquistions listed in grant contract.) PROJECT PROGRESS BY QUARTM: 1st Quarter (dates) Acquisition 1. Acquisition 2. Acquisition 3. (Describe any project Implementation problems encoLintered, if applicable.). end Quarter (dates) Acquisition 1. Acquisition 2. Acquisition 3. (Describe any protect baplementation problems encountered, if applicable..) 3rd Quarter (dates) Acquisition I. - Acquisition 2. Acquisition 3. (Describe any project implementation problems encountered, if applicable.) 4th Quarter (dates) Acquisition 1. Acquisition 2. Acquisition 3. (Describe any pro)-ect implementation problems encountered, if applicable.) GC/93-002-CS1-P3A FINAL/3-07-94 2 Page 48 of 56 OF 829o93 RE, 2 9 7 2 EXHIBIT "D11 ANNUAL STEWARDSHIP REPORT REQUIREMENTS GC/93-002-CSI-P3A FINAL/3-07-9 4 Page 49 of 56 8 2 9 U C . a3. EXHIBIT "D11 AWNUAL STEWARDSHIP REPORT: REQUIREMENTS Rule - . 1 ,, Florida. Administrative Code requires the R.eclpien.t a grant award from, the Florida C,ommunitles Trust ( ` T.) to prepare an annual stewardship report due on: the anniversary of the date on whIch, Abe protect, plan was approve. the FCT governing ruin body. The annual steward.ship report evaluates the Rey iple implementation the approved, management plan, and verifies that award being followed,, that uses and, manag,ement o the profact, site! are ompat b . with the: protecti.onof' natura.1 resources, a.nd that moi.n-1 ing and survey Information is iised to refine management of the project site,. ,t a ml imam, he forma and content of the proposed r .piort shou-ld- include a, table of contents numbered pages a sectiDn summarizing .the statussite development and key ma .a ment activ t.J ; a. section, identifying gros revenue rice v,ethrough fees, sales and concess.ions if any-; a section. assessing new information and. Outlining chan. needed to update the adopted management plan and any appropriate sup-porting, documents as attachments'. T section o mma;r ,zin site development and, key management activities shou.1d. a. . the status of each a t iviL proposed n the management plan approved. by the FCT. These. activi.t ies. should, include all physical improvements malnten . ,, s : u-ri-t ., vegeI. ta , o and an l surveys, i-c species control pirogram, educational program, prescribed burn program,, as.nd and. other acti'vity proposed in. the management plan This Information can b piresented in. summary form as shown below. Example Table.- SUMMARY OF SITE DEVELOPMENTAND MANAGEMENT ACTIVITY , MA .. LAN' ON BEHIND TIN - COMPLETED 'AGE NO. SCHEDULE/ SCHEDULE I. NOT BEGUN Any activity; that is behind schedule mush. include a brief statement explaining the reason for the delay and a new target, date for is completion. Completed activities hould. include a brief statement plain .ng the end. result. The section 'Identifyinggross revenue receiv-ed through the ol,lec ion. of Fees, sale of goods and services and other means should identify 'the actIvity lnvolved, the managing entity receiving income and the gross amount o,.f income .][.v d. This information can be Presented in, summary foam as shown below. Example Table,*,- SUMMARY OF REVENUE RECEIVED ,. m.,.,..,.,. ,w_w__ AC1,1111 V I Illy' KANAGEMENI" ENTITY GROSS AMOUNT RECEJVL-D ,.. .__ ,,,w,v II b�IIlbillll L�AMI�.� O"ow"WAi ffII Page 50 of 56 Individual insurance Items In. this Exhibit may be deleted by the County`s Risk Manager if rendered unnecessary or redundant by insurance obtained by UKCP contractor(s) or su contractor(s), EXHIBIT D Page 51 of 56 EXHIBIT "C" General Insurance Requirements for organizations/Ind.ivid.uals Leasing County-owned. Property Prior to the organization or Individual taking possession of the property owned by the County, or commencing its Management operations, the organization/Individual shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this lease/rental agreement. The organization/Individual will not be permitted to occupy or use the property until satisfactory evidence of the required insurance has been furnished to the County as specified below. The organization/Individual shall maintain the required insurance throughout the entire term of this ease/rental agreement and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate termination of the lease/rental agreement and the return of all property owned by the County. The organization/Individual will be held responsible for all deductibles and self-insured retentions that may be contained in the organization/Individual's Insurance policies. The organization/Individual shall provide,to the County,as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation,non-renewal,material change, or reduction in coverage unless a minimum of thirty(30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the organization/Individual's insurance shall not be construed as relieving the organization/Individual from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, will be included as "Additional Insured" on all policies. They will also be named as "Loss Payee"with respect to Fire Legal Exposure. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for "waiver of Insurance Requirements" and approved by Monroe County Risk Management Department. Page 52 of 56 GENERAL LIABILITY INSiRANCE REQiIREMENTS FOR LEASE/RENTAL OF PROPERTY OWNED BY THE COUNTY FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the Organizati on/Indivi dualtaking possession of the property governed by this lease/rental agreement, the Organization/Individual shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Fire Legal Liability (with limits equal to the fair market value of the leased property.) The minimum limits acceptable is: $5,000,000 Combined Single Limit(CSL) An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition,the period for which claims may be reported should extend for a minimum of twelve months following the termination of the Lease/Rental Agreement. The Monroe County Board of County Commissioners will be named as Additional Insured and Loss Payee on all policies issued to satisfy the above requirements. Page 53 of 56 BiSINESS AiTOMOBILE LIABILITY INSiRANCE REQiIREMENTS FOR LEASES/RENTALS of COUNTY-OWNED PROPERTY FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the organization/Indivi dual taking possession of the property governed by this lease/rental agreement, the organization/Indivi dual shall purchase Business Automobile Liability Insurance. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a minimum, liability coverage for: • owned, Non-owned, and Hired Vehicles • Physical Damage Protection (if the leased property is a County-owned vehicle) The minimum limits acceptable is: $300,000 Combined Single Limit(CSL) ACV for Physical Damage The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. In addition, if thelease/rental agreement involves County-owned vehicles, the Monroe County Board of County will be named a"Loss Payee"with respect to the Physical Damage protection. Page 54 of 56 WORKERS' COMPENSATION INSiRANCE REQiIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor will obtain Workers' Compensation Insurance with limits sufficient to respond to applicable Workers' Compensation state statutes and the requirements of Chapter 440, Florida Statutes. In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage will be maintained throughout the entire term of the contract. Coverage will be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County may recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition,the Contractor may be required to submit updated financial statements from the fund upon request from the County. Page 55 of 56 INDEMNIFICATION,HOL LESS AND DEFENSE ONR E .COUNTY as I NT STREET � S LL E NAMED CERTIFICATE HOLDER AND AS AN ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER 5 CO PEN A TI N. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Lease, Contractor shall defend, indemnify and hold the COUNTY and the COUNT'Y's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation,administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death),loss,damage,fine,penalty or business interruption, and (iii) any cosh or expenses (including attorney's fees) that may be asserted against, initiated with respect to,or sustained by,any indemnified party by reason of,or in connection with, (A)any activity of Contractor or any of its employees,agents,contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees,agents, sub-Contractor's or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the terra of this Lease, this section will survive the expiration of the term of this Lease or any earlier termination of this Lease. In the event that the term of this lease is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to,reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold har lc**and duty to defend as set out in this proposal. PROPOSER Signature T mA Q(a KCt, I.C.S -t�A (zo Z-.3. Nge 5G of 56 PROPOSAL FORM NOR ....................................................... BID TO-A MONROE COUNTY BOARD OF'COUNTY COMMISMONERS CIO PURCHMS.IING.DEPARTMENT GATO BU'ILDINGROOM 2-*213 1100;S!'I.,.M',0N'T0N'STREET KEY WEST,FLORIDA 33,040 'IFhe undersigned,, having car,efull y examined the 'work, specie rations, RFP documents, and, addenda.thereto,mid, other Contract Documents for-the services,of-. OPERATION AND MANAGEMENT SERVICES JACOBS,AQUATIC CENTER. MONROE COUNTY,FLORIDA with all. local con.,d',t"onis, ",ncl,ud',n,g� labior affeefing the cost t,hereo And having become ffinitItar j, 11 1 1 1, f7 er d an ms at i ity, Federal, State, and,Local, laws, d h aving fami i,la-rize ,hielf/hls,,elf with mat l a iav Habit ordinances'. rules and regulations affccting perfbrmancc of the work.., doies: hereby propose to mlsh labor, rnechanics, tools, materi"d"I,, eq,u'l'p in. nt., ,transporb n services,, and, all I'ncidentals -necessary- to p�erform and complete siaid, work ina workman-like manner,. in. conformance with specifications,and other contract do�cuments Include-ing addenda,issued,thereto. Company Information and Signature Page Company EIN Company'Name'. ............. Company Ownership: '0 %,'a.jn� ul 0 A:;Ci IrG. Year sin:'Busi!nesls. Company Address.- Company Phone Number:- 1 19_tib Fax: ..I. Company web address*. �5+h LAa rd aq�Aa. JI, �4i I Number of Em-ploy-ees., (eZD A Company&niafl.- ..Ml a AAC Von) Man agem,en,t'Per n'Respon.s,.*I.ble for'Direct Conteact to CoUllty and:Services required for thIs RF'V:- A.4 Name,: LA. AC4.. tC ........... Title: es"t e .............. Phone Number-,-, .............. Email Addres C6AA ....................................................................---------------------------------------------- -S,`Igniatur Of Aut�orized Re pre iftative Date. Page 25 of 91.5 aeType.or P'nin't Officer s,Nam.e and,1'.itle: I ".ee .1. uffin Basic Sery ces des,cn.bed Proposed, Marugenment Serv'ces I ncl u g me: i I Business Plan is,., Annual rate of$ I acknowledge receipt of Addenda NO,(s) "ll : No. --J-,.DatPd,_._ Owl OPP N'lo._k_Datcd No.:--.-,m'.."Dated 'Page 26,of 95 Proposer, states by Itsi eheiA -mark-. in the blahk beside the fomi and by its authorized representatiWs Sigtiature, i t has provided the lowing forin.s: tha:ti fol a. Praposa]'Fonn, b. County Fonns Affidaviit(Public Entity Crime eta,ent,, ,Edfics Clause',.'Drug- war ee Work lace-%Vendor I 1U Certlificalt,lon,reg ding Scruth zed,Conipanies,L stq Non-Coiltusiori..Affidavit) C, Lobbying a nd, W. Conflict of Interest C lause 91-01 -ft mnifi,,cation.Statement& Proposer"si Insu'ruc. a n,..d,',I..ide. I -t(9 11-d y agent)el Ins ur.an.ceAgents Stateinen. E 'Loical Prefe-retice Form a.nad requirements p.1 i ap(if a I . c 'ble) 9. ThIrec(3)custorner re,ferences and three:(3)cred,11 references 11, Three(3)years of Fina,neiia,l Statemeiits marked,'.'CONFIDENT AL"by separate:document upload to Bonfire lh addit'lion,Proposer states tflat-It has in,clud;ed a,current copy,of atl requtred p.ro',fb:ssional and/or I icense. .Ch-eck mark items-above as a reminder that are included. -Ike Proposer/Coni.pany: Maitingf.Addres,s �5 6 SLA.-t_ .10 �j .......................... -A F Phone Nti.mber: I cici(D qzqc) C..............Ai L __L_ Einafl,.Address: zz� Si ed: .......................... gn. Date a[ (Title) witnessi. Prin,t Narti e . .................................... Page,27 of 95 UNDER PENALTIES OF PERJURY, I DECLARE THAT' 1, HAVE READ THE FOREGOING AFFIDAVIT OF COMPLIANC,E AND TRAT THE FACTS LSTATEDIN IT ARE TRUE, eep t tu ul . of Respon w/C. ntractoi) STA'11 OF C01J"N'TY OF ......... The foregoing ...instrunr(c':nt wds swom.t�o (or affirmed) and subscd before me by means of f physi a : X 01 onlo'e notarization'thi's dziy- o by pre, 5W 6L .......... WILLIAM J S1u1VEF1E,1,3*,3 re of Not-, . Publle-State .-Flon'da Sig natu Pd�Ohio Y?Ay(3=ml"r �on,Explim, qry �St�e -f Notary Name o,.1 ,11 My comm, i,ssion expresc: Personally Known OR.Produced Identification. Type iof identifil cation.Produeed, Page 11.of 95 ........... ..................... .................. ..................................... .......................................................................... ........:.............. LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORNSTATEMENTUNDER ORDINANCE NO, 010-1990: MONROE COUNTY,FLORIDA ETHICS CLA USE CL VA. IA. :d el, ll k, Ae. .L 4 ....... .... (Company -rants -that hel't has:not em.,p. 'se had, act on,hist"Is behailf any- I I twl ww ..loyed, reta'ned, or othe, 1. fom= County officer or employee 'in violation of Section 2 of Ord,�lnance'Nbi-, 01.0-:19.90! Or and: County officer or!employee '.in violation ofSection _j: of Ordinance No. 0 10-1990. Forbreach or. 10 M I SO -in il -ien�, without violation of this prows-lio.n. the Countly may-,. i-n its d, on., term ,ate fl,is .Agree;n t Itab'fity I i i . and,may also.,in.its d*scretion,.deduct ftom the Agreement or purchase Price,or otherwi-se recover:, the, full. amount. of any fee.,. commission, percentage,, gift, or consideration paid to% the Borm�,Pr County officer or employee"'O 'ell R Y H ignafih.e). NFP Date: s"rATE OF rw-mrirrVW#1 lt_l COU"NI"Y OF .. 11 A6 ................ 'The foregol"ng in,strumeiit was swom,-to (or afflrmed) and, subscrib i before me t')y means of 0 physic J, pr C 2-!e or onitnev wtarizatlon, this day of z b 20- y - ®R Row, .............................. SWERESS: -i VV A31 tj .... ublic-State ofiAendn- 6 v ar Sl*.gnatare of Not y'P S1_A,11 J� ,4. Obb Piublk, Sl� Nw. iid,N. Flied'mber 29,.2025- Name of'Notary I 4 .4 �.M�M...................... .. ........ Y. ro nt':Eication Person.all Kniown OR.P duced,Ide I 'i Type.oflde,n-fificati n Produced, 7-1�/Zz 3. Page 32 of 95 LIABILITYBUSINESS AUTOMOBILE E T FOR LEASES/RENTALS,OF COUNTY-OWNED-PROPERTY FOR BETWEEN AND " -to the r :*zafi _I 1� - l king posse-scion. the ; per m � this lease/rental ag meat, the Or ,iz-at'lonA-nd.--l'.-v �uaI shall rch-ase Business Automobl'],e I� . .t a .nta': . throe l the Lease/Rent Agreement and i n- cluide, as a m imu—mi *: b,i,, ty coverage for-, Owned,'N wn ,and,Hired'Vehicles Physical Da ct if the leased property is,a,Comfy-ovine vehicle) T he minlimum. � mi— i Imi $3.00i,:000 Combineld Strigle L" (CSL)i V forMysical,Team age The MOnroe Count'Board f'County Commissioners will.be named ass Additional Insured on, all policies, 1 y th bo re � .m . In addition., 1..Nhe Vaasa/rental agreement involves unity-owned, vehicles,, the M.0nu e Count Board of County wt1 1 be named a"Los Payee"'with respect to-the Physical Da mage protection. Page �of 95 'WORKIERS:" COMPEN'S,A ICI.',,[O'.N'IN'SU"RANCIE'RE;Q'UIREMENTS FOR CONTRACT ...... .......... ., BETWEEN MONROE COUNTY,FLOR DA AND 1P 1. or 'to the eommencement of work, govemed by this, contrae� the Contractor wifl obtain. I othsufficient. Workcrs'Work-ers," C mpensation, Insurance va fimits, to respond to ap 1 0 ,pficable Compensation state statutes and,the requl"rements,of Chapter-440,Florida Statutes. In addition,the Contraictor will,obtain,Employers" Liability Insurance.with limits of not less thanl',-� $500,000 Bodily Injury by Accident $500,000 Bodily In uryby Di,seasepolj,,cy limit's $500,00:0 Bodily InJuTy'by'Disease, coach. employee Coverage willbe.m.wintained ffixioughout the entire term of the,contract, Coverage will -be Prodded by a - any- m,or co panies authorized, to transact business 'in the, 'P. state of Florida. If the Contractor- has i ,. approved by -the Florida's Department ',abor, as an autliorized self- insurer, the Cou nty may recoigm'ze and, hoinor the Contractor's status. The Contractor may be reiq'uired to subniit a.Letter of Authorization issued by the:Department of.labor and a Cerfificate of Insurance, providing detafis on-the Contractor"s Excess Insurance. g.r.am. i I I be req ked,. If the Contractor partic'patesi�n a Self-" urance,w._.. U1 I . insurance fimd a Ceft ficate of'Ins, adlidifion,the Contractor may be required to submitupdated finanicial statements from,the fund upon request ftom,the Coun�y_ Page 36 of'95' 1NDEMN1F1CXr10N', '.R01L.D HARM,1ES,S AND DEFEME MONROE CO 040 SHALL BE NAMED CERTIFICATE' HOLDER AND AS AN ADDRIONAL INSURED; ON A_LL POLICIRY EXCE PT''WORKE R'SCOMPENSA,TION, Notes l'i-thstandIng any m.m.-im-um insurance; requirements prescribed elsewhere inthl's Lease, Contractor sliall def�,ndl'., lindemnify and hold, the COUNTY andtfile COUNTY's, elected, and . . h iiless .ftom and (i) any cla' ,s, actions or causes of appointed, offiwers and emplo.yees, an against i nn action, (I'D any 1.1figation, ad1ministrativepr eed-' ings oc ings:,ap lateproiceedings, or other proceed:I .pel nj reiating to any type of i 'ury(fi-icludIng death),:loss,damage,fine,penalty-or business interruption., and (ii-i) any costs or ex.penses (InclUefing attorney's fees) that may be assert edaga-inst, linitiated -n.j. nn'h fled p,arty by reason o in co 1 Wit ,respect-to,or su.stai:nedby,any indem. f,or' ect"on.wit i, (A)any acti",vity of Contractor or any of its employees,agents,contractors or otherinvi.tees during the term. of'(1i'sAgreement, (B) the ne.glig.ence or reek lessness, intentional wrongful Miscanduct',errors,or other wrongful act or om,'issi.-on ofContractor or any of its,employees,agents,, sub-Conitracto-r's or 10, . - of!any of flie obliga t ions that i t u,nid e rtal(e si other 1"nvl.tm:, or (C) Contractor's default m reg pect I under the terms of 'this, Agreement, except 'to 'the extent the claims, actions, causes of action,, I ftom die, intentional or fifigation:, proceedings, costs or expenses ar se R, pole negfigent acts, or W. omissions of the C0'1JNTY or any of as emn ployees, agents, contTmdors or invitees (other than, Contractor). Insofar as the claims,, actians, causes of action,, fitigation, proccedings, costs or expenst,%s relate -to events or eireunistances -that occur during the term of thls 'L,ease, thi's sectioll, is] ease.w' .],surv'-ve the expirat'on of the term of this'l'.ease or a ny earfiertern-ii,mation of th eo! 4. ,delayed or susp -it of the Contractor's failure In the,event that the term. this ,ease ended as a resLd -to the Contractor shal l indemnify the County from; purchase or maintain the required his, any and afl,increased expenses,resultIng from such,delay. he extent,of 11`ab1'11*ty1*,s in-no way limi-ted,to,reduced, or I-essened by-theinsurance requirements, contaln, d elsewhere Within th.-Is AG EMEN'r. PROPOSER'S STATEME7NT ull 'f understand, the,, in-surance tat. 'a will be mandatory if awarded,the contract and-will comply- !in f with all of therequIre meat s herein- 'I fially accept thic lind've,nui,'facat'on and hold hair to und duty- to defend,as set,out 1n. ,this proposal, ..................... PRO POSER, Signaturu z 0 ZZ, r%cj rb,qar rj MCcl Page 37of 95 INSURANCEAGENTIS STATEMENT have reviewedthe above r q'u mentsw .the proposer named,above. The following POLICY DEDUCTIBLES e 5a ' mbrefl, i Workers Comp policy- 0 ............. I'dabifity policies zuv:,X.0ccwrence. ---clahns Made Morgan& Associates Insurance Group Insurance Signature Page 38 of 95 ENCE R'LOCAL,PREFIER FO M A.-Vendors:clainiling a loc,alp re.fierence according to Ordinance 023-2009 as amendeld,by 0,,dinance,.No. 004-2015 and 025-20,15,.must complete thl's forin.., N A, 0-'r?.J arse of Bidder/Resporider, tA,',t Diate L,Does ndo the very have a valid receipt fbr the business tax paja to the Momoe County Tax Collector dated, at least one(1)year pri"Or to the.110tice of.,equest for proposals? (Please f m;ish.copy..) 2.Does-the vendor yaks si;ness,address,located within Monroe County firom.Which,the vendor operates:or perf-ormsbasiness on a day-to-day basis that. is a.substant lial component of the goods or-services be-ing,o ff�0ed,to M onroe County?.Ili physical business, addresis must be_Wiiii�red as it's principal place of businessi with the Florida n -a i to, the not'icc of re�quest for pmposals,) tat f.4. Depalrtmei.it of�S f at,least 0 e ye-r p 1. .List Address,-. 50 .... ...... Telephone Number-,-, ..........1.11--- ............ ................ B., I ract 5 0% or more! ofthe goods, servicos, or Does, the, vendo.r./pri ontract me co r intend 'to stibcont . .constr uct .M.ion to local.businesses, ,eeting the.critena,above-as to 9 and lociation.9 'If yes,please provid-e.: L Copy of Receipj-.of the business tax,paid,to.the Monroe County Tax Collector'by the subcontractOT' dated at,least one(1)year prior to the notice or request I'or proposals. I Subcontractor's-physical.business address within Monroe County-from which the subcon-tractor operates, ffhe physical, husli:iess address must be regi.-stered, as tits, prIticipal place of business, with. the Florida Department of S,We for at least one(1) year prior to the notice:of request for blds or piro.posals) 7 er cl, A sass mw -rlllt: Name,-,Print. Sigknatu,Z and. 1.1 .to of Au rized, gnatoryfor es Bidder/ PO.D. JS'T.. AT,'E,OF COUNTY OF: -re me b ..means of Y st Tlw:foregoing instrunient was sworn to (or aff.-71 d subscribed �4-ph C A en �ar 11 r 0, is not izat".o.n. this day of 2o; e,I ell ............. `4. ignature W c ota Public-S,L-ate -oTida. iel Aj JAM i�z'%OIESS Si of N' v Pubk"Slilt, jaf Ohio M Q)i ' SU�y ir mis' 'X� L)P, T Iu�r y 4 No C., ombw,Z-4 2025 Name of Ncbx 0 My conimission.expi res- �Ef W.' �"""'���.""k,�' Persoxia,fly. T.ype of I denti. Produced Page 39 of 95 ® ©ATE{IIAIIAI©©IYYYY} .�Cn p" � CERTIFICATE OF LIABILITY INSURANCE 1/1/2024 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 INSURERS),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 endorsements). PRODUCER CONTACT NAME: Donald Morgan FAX Morgan&Associates Insurance Group GA PHONE 7709178477 8667136171 g P- A1C,N o,Ext: (A/C,N o} PO Box 5813 ADDRESS: dmorganAmaginsurance.com INSURER(S)AFFORDING COVERAGE NAIL# Douglasville GA 30154 INSURER A: KINSALE INSURANCE COMPANY 20010 INSURED INSURER B: STARNET INSURANCE COMPANY Standguard Aquatics Inc INSURER C: ACCEPTANCE IND INSURANCE 5665 Atlanta Hwy INSURER D: Ste 103-168 INSURER E: Alpharetta GA 30004 INSURER F 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 {MMIDDIYYYY} {MMIDDIYYYY} LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE 5c]OCCUR PREMISES(Ea occurrence) $ 100,000 Pool maintenance MED EXP(Any one person) $ 5,000 A Life Guard Services Y 0100236475-0 04/20/2023 04/20/2024 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2MOOM00 PRO- LOC PRODUCTS-COMP/OP AGG $ 1,000,000 POLICYF-1 PRO- OTHER: Contractual Liability $ AUTOMOBILE LIABILITY (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 0100236475-0 04/20/2023 04/20/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PRUPER I Y DAMAGE $ AUTOS ONLY )C AUTOS ONLY (Per accident) $ UMBRELLA LIAR )C OCCUR EACH OCCURRENCE $ 4MOOM00 C EXCESS LIAR CLAIMS-MADE Y EMM0001262 00 04/20/2023 04/20/2024 AGGREGATE $ 4MOOM00 DED TTETENTION$ $ WORKERS COMPENSATION ND EMPLOYERS'LIABILITY Y 1 N STATUTE I IER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? F-y] N 1 i�' BNUWC0159934 0512512023 0512512024 {Mandatory in NH} E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,���,��� DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Y DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 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 �,�i, i•"A nm. 1.2.24 DATF WA 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 Key West FL 33040 a 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD �G3 o couRr� Kevin Madok, CPA Lij, �. �o ......... �� Clerk of the Circuit Court& Comptroller Monroe County, Florida ti40Z coo N-1 DATE: April 24, 2024 TO: John Allen, Director Parks & Beaches Tammy Acevedo Budget& Contract Specialist Erika Nodal Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: April 17, 2024 BOCC Meeting The attached item has been executed and added to the record: C 14 1 st Amendment to the Agreement for Operation and Management Services for Jacobs Aquatic Center with Standguard Aquatics, Inc. to clarify the monthly invoicing of the operations and management fee. Should you have any questions please feel free to contact me at(305) 292-3550. c c: 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 FIRST AMENDMENT TO AGREEMENT FOR OPERATION AND MANAGEMENT SERVICES JACOBS AQUATIC CENTER, MONROE COUNTY, FLORIDA This First Amendment to Agreement for Operation and Management Services, Jacobs Aquatic Center is made and entered into this 17th day of April, 2024, 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 "Operator" or "Contractor", whose address is 5665 Atlanta Highway, Suite 103-168, Alpharetta GA, 30004. WHEREAS, on January 31, 2024, the County and Operator entered into a two (2) year Agreement for Operation and Management Service that was set to commence on March 8, 2024, and terminate on March 8', 2026, located on the edge of the Key Largo Community Park (hereinafter "Property"); and WHEREAS,the Request for Proposals required proposers submit a Management Services Fee as their proposal amount; and WHEREAS, the original agreement instructed the Operator to submit for reimbursement of Operating Expenses; and WHEREAS,the County and Operator bath agree that it is in the best interest of the County to provide the Operator a Management Fee not to exceed $495,800.00 annually or$41,316.66 per month minus the Basic Services as defined in the original Agreement; and WHEREAS,the parties have found the Agreement to be mutually beneficial; and WHEREAS, both parties desire to amend the Agreement. NOW.)THEREFORE,IN CONSIDERATION of the mutual covenants and agreements herein contained, and other valuable considerations, the parties agree as follows: 1. Paragraph 7(a) of the Original Agreement is hereby amended as follows: 7. Fees and P e emern Invoicing (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. Contractor is 1 authorized to s et and charge fees for Enhancement Programs as defined in S ecti ons 1.02 and 1.10 of the RFP. jj2) All individual entrance fees, season passes, 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 eost of monthly Management Fee, 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 r n r bu +L� rP„ management fee shall be in an amount not to exceed $495,800.00 payable up to $41,316.66 per month,upon submission and review of an invoice with supporting documentation. er ev L P fpvp ;tL Should the Basic Services fees collected in any given time period as defined in 7(c) exceed the maximum monthly Management Fee as shall be reflected on the invoice, the County will be credited up to the maximum monthly fee amount of $41,316.66. Any Basic Services fees credit remaining shall carryover to the following month for the remainder of this Agreement and shall also be reflected on each following month's invoice. (c) All invoices shall be submitted to the Parks and Beaches Director at parks- _ , ULmonroecounty-fl.gov with sUport n documentation. The initial invoice for payment of the monthly Management Fee with supporting documentation under this agreement shall be for the time period of March 8, 2024, through and including, April 7, 2024, and due on or before A r l 151 2024. Supporting documentation for the initial invoice only shall include documentation showing all gross revenue for Basic Services as defined in the Agreement and operating expenses. The second invoice shall be for the time period of April 8, 2024, through and including April 30, 2024. The third invoice and all subsequent invoices shall be for the calendar month time period for which payment of the monthly Management Fee is being requested. For the second invoice and all subsequent invoices, Contractor shall submit one invoice per time period with supporting documentation on or after the last business day of the month, and before the 15' of the following month. Supporting documentation for the second invoice and all subsequent invoices shall include documentation showing all gross revenue for Basic Services as defined in the Agreement. All supporting documentation must be acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laves, 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 1 st 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 (43-)Ld) All revenue, including fees, derived from this Agreement shall only be used to fund programs, repairs, maintenance, capital improvements and services related to, and arising out of, the Jacobs Aquatic Center. 2. In all other respects, the original Agreement dated January 31, 2024, not inconsistent herewith, remains in full force and effect. [REMAINDER of PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE To FOLLOW] 3 IN WITNESS WHEREOF,the potties have hereunto set their-hands and seal,the day and year first written above. - -EARL:. BnARI3 'C�CUIr1`I"Y COMMISSIONERS s. . ;.. -t- `' _?A�''T 7�hKEVIN ;MADOK CLERK O'�' iti ONROE COUNTY, FLORIDA �.,�7� BY: ov De p y Clerk Mayo `''_>.g •� r APPROVED AS TO FORM&LEGAL SUFFICIENCY Monr a ounty Attorney's Office N thalia Mellies Archer Assbstant County Attorney STANDGUARD AQUATICS. WITNESSES: A Georgia Cargo tion BY4,- PI • , " , Print� ' zie: a�. � � Print N', e: Title: . Print Name: SkCi�OJA CaAe& r rTj t.. mm CD ® ©ATE{IIAIIA!©©IYYYY} .�Cn p" � CERTIFICATE OF LIABILITY INSURANCE 4/19/2024 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 INSURERS),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 endorsements). PRODUCER CONTACT NAME: Donald Morgan 1}- FAA Morgan&Associates Insurance Group GA PHONE 7709178477 8667136171 g A1C,N o,Ext: (A/C,N o} PG Box 5813 ADDRESS: dmorgan agmaginsurance.com INSURER(S)AFFORDING COVERAGE NAIL# Douglasville GA 30154 INSURER A: KINSALE INSURANCE COMPANY 20010 INSURED INSURER B: STARNET INSURANCE COMPANY Standguard Aquatics Inc INSURER C: ACCEPTANCE INDEMNITY INSURANCE 5665 Atlanta Hwy INSURER D: Ste 103-168 INSURER E: Alpharetta GA 30004 INSURER F 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/DD1YYYY} {MM/DD1YYYY} LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE 5c]OCCUR PREMISES(Ea occurrence) $ 100,000 Pool maintenance MED EXP(Any one person) $ 5,000 A Life Guard Services Y 0100236475-1 04/20/2024 04/20/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- LOC PRODUCTS-COMP/OP AGG $ 1,000,000 POLICYF-1 PRO- OTHER: Contractual Liability $ AUTOMOBILE LIABILITY COMBTRE=GLE LIMI 1 $ 1 000 000 (Ea accident) , ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 0100236475-1 04/20/2024 04/20/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PRUPER I Y DAMAGE $ AUTOS ONLY )C AUTOS ONLY (Per accident) $ UMBRELLA LIAR )C OCCUR EACH OCCURRENCE $ C EXCESS LIAR CLAIMS-MADE Y EMM0001262 02 04/20/2024 04/20/2025 AGGREGATE $ 5,000,000 DED RETENTION$ $ 5,000,000 WORKERS COMPENSATION PET__ OTH- AND EMPLOYERS'LIABILITY Y 1 N STATUTE I IER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? Fy] N/A BNUWC0159934 05/25/2024 05/25/2025 {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 $ Y 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 • u+ng .In y� rs A°� ar, rr^evbrnry 'llJ ul s IWfWJl9: � P. 4.19.24 r'd'===vlvr :.crmwnwrnsrrm^:nar---=`." . -'mT^r'_'"""""'. WA 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 Key West FL 33040 a 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2015103) The ACORD name and logo are registered marks of ACORD �G3 o couRr� Kevin Madok, CPA Lij, �. �o ......... � Clerk of the Circuit Court& Comptroller Monroe County, Florida ti40Z coo N-1 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: 44 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. c c: 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 loth 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 BGCC 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 BGCC. The BGCC shall either approve or deny the request'; WHEREAS, the Parks & Beaches Director made a recommendation to the BGCC to increase Basic Services fees as set forth in Exhibit"A" and the BGCC 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: 1. 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): "7 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 maj eure as defined in paragraph 8. Closures required by, or at the option of, the Florida Department of Health, are not considered force maj eure. The total annual reimbursement by the County shall be in an amount not to exceed $495, 800. oo payable up to $ 411 316. 66 per month minus the previous month' s Basic Services revenues, upon submission to the Parks and Beaches Director at parks- ap@7a monroecounty- f .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 laves, 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) All.. re�enue, 1' d dinduived . gees, is gt eenlen s a on T ' use� to un• ro raids. re airs, maintenance cap lta im rovements _g• P . a P. ' P . service. relat , .,. . . . . . • and is ed to,:and arising out of, the Jacobs:Aquatic Center 3. EXhlblt�"A"�is hereby'*ncorporated into the Agreement as the curre�t:applicable Basic Services fees schedule r'eplaci�lg all-prior Basic Services fees.schedules. respec na ent dJ � , �o1m l l ; tIn all: other t , rlconsi' e 1t lierevvith,remains in-full force a id effect. , IN WITNESS WHEREOF,-the-parties Have hereunto set their an and seal the day and: year first written.above. 4\ BOARD.OF COUNTY-COMMISSIONERS s` {T:TEK I �EVIN IVIAD�K;CLBRK OF MONROE COUN TY, FLORIDA: BY: As ep��ty� Clerk : 1Vlayor, a Y STANDQUARD-AQUATICS .-.- wITNESSBS: Georgia Corp ra o BY: r . Print�1ame: f_ -. t Print N. e: .: ,, 'itle: 1 } Pi•1.11t Name; TE MUNITY .r • 4 ,. C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 6 L6 © 6 © 6 L6 6 6 u7 L6 6 � 0 i• (D LO as br 0 br � � � � n Ln � � CN CN CY) a m r a a r Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q . . . . . . . . . . . . . Q Q Q ui Q ui Q Q Q ui N 06 ui ui Q Q a �p iy rrrrrr r � rrnrrr a +a u a i iwuuass� l 1 1 1 ! 1 ® ©ATE{IIAIIAI©©IYYYY} .�Cn p" � CERTIFICATE OF LIABILITY INSURANCE E118/2025 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 INSURERS),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 endorsements). PRODUCER CONTACT NAME: Donald Morgan 1}- FAA Morgan&Associates Insurance Group GA PHONE 7709178477 8667136171 g A1C,N o,Ext: (A/C,N o} PG Box 5813 ADDRESS: dmorgan agmaginsurance.com INSURER(S)AFFORDING COVERAGE NAIL# 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 {MMIDDIYYYY} {MMIDDIYYYY} LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE 5c]OCCUR PREMISES(Ea occurrence) $ 100,000 Pool maintenance MED EXP(Any one person) $ 10,000 A Life Guard Services Y 0100236475-2 0E120/2025 061201202E PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 JECT PRO- LOC PRODUCTS-COMP/OP AGG $ 1,000,000 POLICYF-1 PRO- OTHER: Contractual Liability $ AUTOMOBILE LIABILITY COMBTRE=ULE LIMI 1 $ 1 000 000 (Ea accident) , ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 998266241 06/02/2025 06/02/2026 BODILY INJURY(Per accident) $ AUTOS ONLY )C AUTOS HIRED NON-OWNED PRUPER I Y DAMAGE $ AUTOS ONLY )C AUTOS ONLY (Per accident) $ UMBRELLA LIAR )C OCCUR EACH OCCURRENCE $ 5,000,000 C EXCESS LIAR CLAIMS-MADE Y CXS4049886 04/20/2025 041201202E AGGREGATE $ 5,000,000 DED TTETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y 1 N � STATUTE I IER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? Fy] N/A BNUWC0162883 05/25/2024 051251202E {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 $ Physical and Sexual $1,000,000 DIE Physical and Sexual Abuse Pollution Liability Y D3976C2501011 ECOC826065 04/20/2025 041201202E Pollution Liability $1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 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 APPFR0VED BY FRISK MANAGEMENT BY g w, I��4TE 06.�8 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 Key West FL 33040 a 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2015103) The ACORD name and logo are registered marks of ACORD � DATE(MM/DD/YYYY) AC ) CERTIFICATE OF LIABILITY INSURANCE 6/18/2025 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: Donald Morgan Group GA FAX Morgan&Associates Insurance G PHONE 7709178477 8667136171 g p- A/c,No,Ext: (A/C,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 $ 1001000 CLAIMS-MADE F*VI OCCUR PREMISES(Ea occurrence) $ 1001000 Pool maintenance MED EXP(Any one person) $ 101000 A Life Guard Services Y 0100236475-2 06/20/2025 06/20/2026 PERSONAL&ADV INJURY $ 1001000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 21)0001000 POLICYF-]PRO- F-]JECT LOC PRODUCTS-COMP/OP AGG $ 1,000,000 OTHER: Contractual Liability $ AUTOMOBILE LIABILITY UUMBINED SINGLE LIMI 1 $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 998266241 06/02/2025 06/02/2026 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ +/�► AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 510001000 C EXCESS LIAB CLAIMS-MADE Y CXS4049886 04/20/2025 04/20/2026 AGGREGATE $ 5001000 DED I I RETENTION$ 10,000 $ WORKERS COMPENSATION PER UIHAND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? F_y] N/A BNUWC0162883 OS/25/2024 OS/25/2026 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,0001000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Physical and Sexual $110001000 D/E Physical and Sexual Abuse Pollution Liability Y D3976C250101/ECOC826065 04/20/2025 04/20/2026 Pollution Liability $110001000 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 DATE 06.18. WAIVER N/A 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 P J Mares 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 AC"R'"" CERTIFICATE OF LIABILITY INSURANCE DATE/1M/2 YYYY) 055/2025 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: Lockton Companies for CoAdvantage PHONE FAX /c 444 West 47th Street#900 A No 866 Ext: )854-5423 A/c No): E-MAIL e.comcoadvanta Kansas City, MO 64112 ADDRESS: coi @ g INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: American Zurich Insurance Company 40142 INSURED INSURER B: CoAdvantage Corporation Alt.Emp:Symbiont Service Corporation 101 Riverfront Blvd Suite 300 INSURER C Bradenton,FL 34205 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:25FLO901085052 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/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE FIOCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ JECT POLICY❑ PRO- F LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ I Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED .� ��� � "mmmm BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS 6 5y2 ,, w . HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY I° Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER A ANYPROPRIETOR/PARTNER/EX ECUTIVE N/A WC 56-11-942-11 04/01/2025 04/01/2026 E.L.EACH ACCIDENT $ 27000,000 OFFICER/MEMBER EXCLUDED. (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 Location Coverage Period: 04/01/2025 04/01/2026 Client# 108611-FL DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Symbiont Service Corporation Coverage is provided for only those co-employees 4372 North Access Road of,but not subcontractors Englewood, FL 34224 to: CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/031 The ACORD name and loan are registered marks of ACORD THIRD AMENDMENT TO AGR1111111--lEEMENT FOR OPERATION AND MANAGEMENT SERVICES JACOBS AQUATIC CENTER MONROE COUNTY,FLORIDA This Third Amendment to the Agreement for Operation and Management Services at Jacobs Aquatic Center is made and entered into this day of February 2026, 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 "SGA", 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 Agreement for operation and management Services of the Jacobs Aquatic Center to SGA (the "Original Agreement") renewable at the County's discretion for five (5) additional two (2) year terms,contingent upon written approval of the BOCC; WHEREAS, the BOCC approved a first amendment to the Original Agreement on April 179 2024, and a second amendment to the Original Agreement on January 31, 2024; WHEREAS, the Original Agreement will terminate on March 8tn, 2026, and SGA timely requested a renewal pursuant to Paragraph 5 of the Original Agreement; WHEREAS, the BOCC now wishes to approve a third amendment to the Original Agreement to renew the Original Agreement for an additional two (2) year term; WHEREAS, the BOCC also wishes to clarify that SGA may perform maintenance and repair work it identifies if the work is estimated to cost less than $10,000.00 and is independently verified by County staff as a necessary repair; ensuring compliance with the County's Purchasing Policy and the BOCC guidance about larger repairs;; WHEREAS, County Code Section 2-347 does not prohibit persons who provide specifications for any goods or services from bidding on the provisions of the goods or services when the contract is expected to cost less than $150,000.00, and as such, the County need not be prohibited from using SGA to perform repairs under certain circumstances; WHEREAS, the County continues to rely on SGA's expertise to identify repair and maintenance issues at JAC and believes it is in the best interest of the County to allow SGA to perform repairs and maintenance identified by SGA and independently verified by County staff as a necessary repair, under a certain threshold amount that do not violate the County's competitive bidding requirements and purchasing policy; ti WHEREAS,allowing such repairs wotildnot cause the appearance of itnpropriety because 'the Original Agreeni,ent with, SGA was coillpeti t I've ly bid and,did envision certain,repm,r work-. "I"he Reqtiest ,for Blids spe6fications states hi Pertinent part,* "Pool managernent, con1pany ts responsible for the first $1,000.00 of'any repair. Any repairs estimated to be over $1,000.00 intendedto be funded by the County 'be a proved, in �w, iting by the Director of Monroe Coutity Parks atid Beaches rnust, P I ri prior to work corninencing. Pool nianagenient conipany inay make iin,provenients, using its own ftinds, with prior approv,al from the Director of Parks and Beaches. Pool inanagenient company is responsible for notif`yin g", Monroe County, Parks atid, Apilf Beaches staff of atiy repairs or re. acementsbefore atiy re re per forined., Pool ,pairs a management company is responsible for any repairs or replaceine'llts caused, by negligent use by contractor or ,its StacIffor supplier's Personnel." WHEREAS, the specificattons 'were incorporated *into aragrapli 3(n I) the Original P Agreement, which states in, peft inent part: 0, "Monroe Coutity shallretiiain responsible for any and all. elevatoi- upkee'p� maintenance, inspections, repair and replacenient after the first $1,000 of any r 1* ita 'i and, maintenance is paid by the Contractor, as deetn,ed epa r,,, capi. ini,provemen't at the County's sole &screfion. Monroe County will make necessar"y repairs over $1,000 as agreedupon by Monroe COLInty. Funds requested, bythe Cotitractor for " I 'ved by the Dn7ector additional improvements MIUst b�e made in writing and appro and/or BOCC. Contractor agrees to t1a6li'tate accessto t1w elevator and any port1*011 0 of the prern,ises required, f,or such tlpkeep, mainteliance inspecti",oils, repatr atid replacernent. Additionally, Monroe County, with "Fourist Development Council (TDC" funding will repay/replace the pool lhier. It *s anfl6pated this work will OCCUr in 202 . "I' is ill necess'I"tate the closing of the inain pool f'or a,period oftime to be determineo. `Fhe County and building contrCactor will attempt to Ii*nll*t interruption to Co,titractor and,pool community. The County,wi'll communicate with 'the Coi�litr,a,ctor 'to agree on best date for construction. The small pool and, splash area may remain open if building cotitractor agrees,. 1"he County will not be 'ble fb-, at" y cost associcated, witli this repair/replacenient offlie pool liner r,esponst I 'I during the 2024 fiscal year. Once therepalr/replacenient is complete,the Contractor A7-pair and replacement of'the pool ill be responsible for all future rnaintenance,, ,re illy linerup to $1,000.00 pursuant to this RFP atid the Agreenient." WHEREAS, the � acknowledge that the costs ofrepairs ha creased since the Orl*ginal ,Agreenient due to inflation, i4icreased repair and parts costs,, and nowt1he parties wtshto atriend, the Original Agreetlient, to clarit"y that the Contractor wi]] be responsible fior mai',ntenance and repairs up to $1,000.00, and, may identil� and perforni manitenance and, repairs up to $10,000.00, with, approval f*rorn the Director Of 1.1arks and Beaches or their des,i*gneel- 2 WHEREAS, the parbes, have found the Original Agl-eenwnt,, as amended, to be mIltually beneficial; and WHEREAS, the parties, find that, itwould be mutually benefi ial to amend, its Original Agreem e�nt and, enter into this Third ,Amendment ,A regime NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements, herem. contained,, and other valuable considerations", the pin tiesagree as fiollows: SECTIONIL, Pur'suant to Paragraph 5 of the Original Ag�reetnenf,the BOCC approves,an additional two (Z) year term �renewal. The renewal term shall commence on Marcli, 8,, 2026, and, will terminate on M.arch 8,,, 2028. SECTION 2. Paragraph 3(n) of the Origiinal Agreement 'is, I'lereby deleted and re,placed as follows: "(n) Provide all,, certfflied, lifeguards, instructoi7s and.necessary support staff. Minimum staff level of service shall be one (1) Supervisor and. two, (2) Lafeguards, at all times, when. pool is, open. Contractor sba.1.1 be responsible for niaintenance,. repaiTs. and upgrades costing $1,11MO.00 or I ess, and may ident],f� and perform such maintenance,, repairs, and 'upgrades in amounts up to $10,,000.001, subject to the a p proval, of the Directoi'-o he f Parks, and Beacs or their designee as a necessary repa,i,rl,, and subject to Moilroe Count B4O,CC's, Purchasing Policy, as amended from, timeto time. Contractor agrees tof facilitate access to the elevator and any portion of the premises required for the: County to .perform. such, upkeep, mai,ntenan.cel, inspections, repair, and, replacement. Additlonally, Monroe County, with, Tourist, Develop=,ilt Council JDQ funding will complete renovation of the Activity Pool at the Jacobs Aquatic Center. The renovation, will consist of deniolaion,,, renioval and, replacement of existing., p oo l , surface and, exi,sling pool tile (tfle to to be selected by the County), removal and replacement of zero entry gutter,with new ze�jo entry gutter systetll, and grating, removal and replacement of zero entry concrete decking, between, existing pool deck. and t1le new gutter 11'Jit The scope shall. also include installation, of owner-suppli,ed water feaftire equipment including all ancillary punips, plurnNng, dlr'ain SUMps and grain necessary to create a fully functional water l,:`eaMuse. The scope shall also indLide all pernulting, and eripneering required, to complete the work in accordance with local and, state co�des. This will necessitate 'the closing of the Activity Pool at the Jacobs Aquatic Center for a,period of time to be determIned by the County. The County and butldin.g contractor will attempt to lihnit interruption 'to Contractor and Pool com.munity. 3, The County ill communicate with the Contractor to agree on 'be,st date for construction. The County will not be responsible for any additional reimbursement to t,he Contractor,dUri'ng this closure. Once the repair/replacement is complete,, the Contractor will be responsible for all. future maintenance, repair and replacement of equipment up to $1 000.00, and, may Iden Lfy and perform ,such.matn,Wnance, repairs, and upgrades in arnounts, costing $1.0,000.00 or less, subject''to the approval of the Director of Parks and, Beaches or theIr de&lgnee as a necessary repair, and subject to Monroe County 1BOCC's, Purchasmg Poticy, as amended from time to, tii,-ne.� 2. In all other respects,,, the Original. Agreenient, dated January 31� 20241, not, mconsistent herewith, remains in fuJI force and of ect. I NESS WHE1ZE0F,,,,the pa,rti,es lilave hereunto set thetr hand,s and seal,the,day and year first w,ritten above. (SEAL) BOARD OF COUNTY COM.MISSSIONERS A"'I"TES11".- KEVIN MADOK, CLERK, O ONROE COt JNTY1, FLORIDA ,BY: BYE As Deguty Clerk or, STAND(I'lit-JARD AQUATICS. WITNESSES, A. (,jeorgi,a t-or, ratIon BY: r111. .... Pr* nie: CL N_)c Print N Title: ............ C Print Name. WAO"'MUNTY ATIDANE"Y FORM f"I'le 0, ............. ASMSTANT COUNTY ATTORNEY DATE, 2/5/2,026 4