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HomeMy WebLinkAbout3rd Amendment 02/18/2026 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: February 23, 2026 TO: John Allen, Director Parks & Beaches Tammy Acevedo Budget& Contract Specialist Erika Nodal Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: February 18, 2026 BOCC Meeting The following item has been executed and added to the record: C10 3rd 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. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 THIRD AMENDMENT TO AGREEMENT 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 18th 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 17, 2024, and a second amendment to the Original Agreement on January 31, 2024; WHEREAS, the Original Agreement will terminate on March 8"', 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; 1 WHEREAS,allowing such repairs would not cause the appearance of impropriety becaLlSe the Original Agreement with SGA vvas,competitively bid and did envision certain repair work. The Request for Bids specifications states in pertinent part: "Pool management company is responsible for the first $1,000,00 of any repair. Any repairs estimated to be over $1,000.00 intended to be funded by the County must be approved in writitig by the Director of Monroe County Parks arid Beaches prior to work commencing. Pool management C011apanY iiiay make improvements, Using its own funds, Nvitb Prior approval from the Director of Parks and Beaches. Pool trianagernent company is responsible f6r notifying Monroe County Narks arid Beaches staff of any, repairs or replacements before any repairs are perfornied. Pool managenient company is responsible for any repairs or replacements caused by negligent use by contractor or its staff or supplier's personnel." WHEREAS, the specifications vvere incorporated into paragraph 3(ti) the Original Agreement, which states in pertinent, part: "Monroe County shall remain responsible for any and all clevator upkeep, maintenance, inspections, repair arid replacement after the, first $1,000 of" any repair, capital improvement arid maintenance is paid by the Contractor, as deerned at the County's sole discretion. Monroe County will make necessary repairs over $1,000 as agreed upon by, Monroe Coul'Ity, Funds reClUested by the (I ontractor for additional iniproWITICIAS Must be niade 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, maiiitenance, inspections, repair and replacement:. AdditionallY, Monroc COUnty, With TOUrisl Development ouricil (TDC) funneling Nvill repair/replace the pool liner. It is anticipated this work %vill Occur in 20124. 1"his will necessitate the closing ofthe maiii pool fora period offinie to be determined. 'rhe COUnty arid building contractor will attempt to limit interruption to Contractor and pool COMMUnity{. '['he COUrn)' Will COMMUT'licate with the Contractor to agree on, best dzite fior construction. The small pool and splash area may remain open if building contractor agrees. 'rhe County will not be responsible for any cost associated with this repair/replacement o,f the pored liner during,the 2024 fiscal year. Once the repair/replacernent is complete, the Contractor will be re.sponsible I'm, all future rrrarirnt.craaaarce, repair and replacement of the pool liner up to 1,00(0.00 pursuant to this RIT and the Agreement." WHEREAS, the parties acknowledge that the costs of repairs has increased since the Original Agreement due to inflation, increased repair and parts costs, arid now the parties ivish to amend the (Xiginal Agreement to clarify that the Contractor will he responsible for mainlerimice and repairs up to $1,000.00, and may identit'.N, and perforin maintenance and repairs up to $10,000.00, with approval from the Director of Parks and [leaches or their designee; 2 WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHEREAS, the parties find that it would be mutually beneficial to amend its Original Agreement and enter into this Third Amendment to Agreement, NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements herein contained, and other valuable considerations, the parties agree as follows: SECTION 1. Pursuant to Paragraph 5 of the Original Agreement,the BOCC approves an additional two (2) year term renewal, ']"he renewal term shall commence on March 8, 2026, and will terminate on March 8, 2028. SECTION 2. Paragraph 3(n) of the Original Agreement is hereby deleted and replaced as follows: I "(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. Contractor shall be responsible for maintenance, repairs, and upgrades costing $1,000.00 or less, and may identify and perform such maintenance, repairs, and upgrades in amounts up to $10,000.00, Subject to the approval of the Director of Parks and Beaches or their designee as a necessary repair, and subject to Monroe County BOCC's Purchasing Policy, as, amended from time to time. Contractor agrees to facilitate access to the elevator and any portion of the premises required for the County to perform such upkeep, maintenance, inspections, repair, and replacement. Additionally, Monroe County, with Tourist Development Council (TDC) funding will complete renovation of the Activity Pool at the Jacobs Aquatic Center. The renovation will consist of demolition, removal and replacement of existing, pool surface and existing pool tile (tile color to be selected by the County), removal and replacement of zero entry gutter with new zero entry gutter system and grating, removal and replacement of zero entry concrete decking between existing pool deck and the new gutter line The scope shall also include installation of owner-supplied water feature equipment including all ancillary pumps, plumbing, drain Sumps and grating necessary to create a fully functional water feature. The scope shall also include all permitting and engineering required to complete: the work in accordance with local and state codes. 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 building contractor will attempt to limit interruption to Conti-actor and pool community. 3 The.County will communicate with the Contractor to agree:on best date for : coo nstruction. The.County will not:be responsible for any:additional . reiijibursement.to the:Contractor during this closui•e. .Once the re .air/re :lacemerit is com ete;the Contractor will be responsible:for all:future maintenance,repair • : quipl 1 . and . a . . . ' $1,000.00 an:d:�ma.: ident� .� and ei form repl•cement of e 1:ent�u�.to ,: �•� suchmaintenance; repairs; and upgrades in amounts costing $:10,000.00 or less, • : :: subject:to the approval of the Director of Parks and Beaches or their designee as.a . . necessary repair, and subject:to Monroe County BOCC's Purchasing Policy, as - . amended from time to time:" . . 2• Tn. all :other :respects the Original: Agreement dated January 31., 2024 not . inconsistent herewith, remains in full force and effect. - :IN WITNESS WHEREOF,the parties have hereunto set their hands and seal, d •p - . the dad.and year first written a :eve. . : ,...,,„%:,Ok, cozz . : : . - ' ' ' : ' ' iit:•- _ ., : ,,,. . . . : D. OF COUNTY COMMISSIONER:A. -. : ' i : . . s S IN MADOK, CLERK OF: ONgOE COUNTY; FLORIDA : :: stlioi exy ':--ia.:.,-:_-7--;:--,.",... =- -_ i .. . . ' t - „;.--,--.-_---t-t-f-:: , 1a '1O 11/1 'y BY.: )J ))• 'l As D0 putt' Clerk . Mayor . ETA.NIA C i UARD AQUATICS:. . . WITNESSES: Georgia C�or. -� ti •. � . !�1"a�• Oil. S ..).. .....,44):4•AL)\ ' i firopir . : BY:. : : / .-4''''''7" i . Viiiiiiij• .. . . . : : . . 1 Prin e A% .�e- . ., : : : : . :,,, .e P . . N Ile . Q. 'V m � Title: Ire :: . . . . . . .......,-„-, . : : : : : . . . `'. ...„ ,...... , _„ ____,, ,.„, „7„.., .:. : , . . Print.Name . C.es\q,De-V. .5 ..._ : tt })a,7����'^`tf ��jj •�y 'y . f UN.1 Y'A l 1 DRNE T '�.-- A a `ir.i....-:' l'F'f'14°YED".'T: r.c) ''' . --7,---7: • :. . :. . . ",.-::!,-,:":,..:.: ' . 7., . :73 , : - . .i . .„?..-,_ 7 ,— .,,,,•;,,-7" i...;•!--'72 , . ' . i . .•-,-",::::: :741: r.7- i '', ' f 1YCy a ray.,, 1 .> 5/2026 4 DATE(MM/DD/YYYY) A�Rom® 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 Morgan&Associates Insurance Group GA PHONE 7709178477 8667136171 g p- A/C,No,Ext: (A/CFAX,No): PO Box 5813 ADDRESS: dmorgan@maginsurance.com INSURER(S)AFFORDING COVERAGE NAIC# Douglasville GA 30154 INSURER A: KINSALE INSURANCE COMPANY 20010 INSURED INSURER B: STARNET INSURANCE COMPANY Standguard Aquatics Inc INSURER C: SCOTTSDALE INSURANCE COMPANY 5665 Atlanta Hwy INSURER D: CERTAIN UNDERWITERS AT LLOYDS Ste 103-168 INSURER E: BEASLEY EXCESS AND SURPLUS INSURANCE Alpharetta GA 30004 INSURER F: EVANSTON INSURANCE COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADEETT— OCCUR PREMISES(Ea occurrence) $ 100,000 Pool maintenance MED EXP(Any one person) $ 10,000 A Life Guard Services Y 0100236475-2 06/20/2025 06/20/2026 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 x POLICY ❑PE� ❑LOC PRODUCTS-COMP/OP AGG $ 1,000,000 X OTHER: Contractual Liability $ AUTOMOBILE LIABILITY (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS 998266241 06/02/2025 06/02/2026 BODILY INJURY(Per accident) $ /� HIRED NON-OWNED 11F<U11EF<I Y DAMAGE $ AUTOS ONLY /� AUTOS ONLY (Per accident) x UMBRELLA LAB �dCLAIMS-MADE OCCUR EACH OCCURRENCE $ 5,000,000 C EXCESS LAB Y CXS4049886 04/20/2025 04/20/2026 AGGREGATE $ 5,000,000 DED RETENTION$ 10,000 $ WORKERS COMPENSATION ER OTH- x STATUTE ER ND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? Fy] N/A BNUWC0162883 05/25/2024 05/25/2026 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Physical and Sexual $1,000,000 D/E Physical and Sexual Abuse Pollution Liability Y D3976C250101/ECOC826065 04/20/2025 04/20/2026 Pollution Liability $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Monroe County Board of County Commissioners are listed as additional insureds and Loss payees APPROVED BY RISK MANAGEMENT BY ea¢6:Q ic¢¢2 DATE 06.18.A 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 00'.44 J Marla- 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 DATE(MM/DD/YYYY) AC "R" �,. CERTIFICATE OF LIABILITY INSURANCE 05/15/2025 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 866 854-5423 FAX 444 West 47th Street#900 (A/C, A/c No Ext: ( ) A c No E-MAIL e.comcoadvantai Kansas City, MO 64112 ADDRESS: co C 9 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 POLICYNUMBER MM/DD/YWY MM/DD/YWY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE1:1 DAM OCCUR PREM SESOEa oNcurrDence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY❑ PRO- JECT ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ T Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED D"7'- ----'' PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY 'JMA _ —.. Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 2,000,000 A OFFICER/MEMBER EXCLUDED? N/A WC 56-11-942-11 04/01/2025 04/01/2026 (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) so-employees Symbiont Service Corporation only those c Coverage i provided for 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 m ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/031 The ACORD name and loao are reaistered marks of ACORD