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Home My WebLink AboutR-2026-049 US Marina Group First Amendment Insurance CoverageRESOLUTION NO. 2026-049 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO EXISTING MARINA MANAGEMENT AGREEMENT BETWEEN THE CITY AND US MARINA GROUP, LLC MODIFYING CERTAIN INSURANCE REQUIREMENTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City and Oasis Marina, LLC entered into agreement for the management of the Dania Beach Marina on January 6, 2024 per Request for Proposals (RFP) Number 23-012; and WHEREAS, on January 28, 2026 Oasis Marina, LLC notified the City that they will no longer for managing third party agreements; and WHEREAS, on February 24, 206 City Commission approved the Assignment and Assumption Agreement to US Marina Group, LLC from Oasis Marina, LLC for the Marina Management Services; and WHEREAS, the Agreement incorporates the RFP, including minimum insurance requirements; and WHEREAS, the City desires to modify certain insurance requirements based on updated risk evaluation and market conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That the proper City officials are authorized to execute an Amendment to the Agreement for the Marina Management Agreement, which Amendment is attached as Exhibit “A” and is incorporated into this Resolution by this reference. 2 RESOLUTION #2026-049 Section 4. That a budget transfer is necessary from 415-72-09-575-99-10 (Ocean Park Enterprise-Recreation-Marina-Marina-Other Uses-Contingency) to 415-72-09-575-45-10 (Ocean Park Enterprise-Recreation-Marina-Marina-Insurance-Coverage) in the amount of Forty-Two Thousand Two Hundred and Twenty-Nine Dollars ($42,229.00) to cover the cost of the insurance per the Marina Management Agreement. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be effective immediately after passage. PASSED AND ADOPTED on April 14, 2026. Motion by Commissioner Lewellen, second by Commissioner Rimoli. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 FIRST AMENDMENT TO MARINA MANAGEMENT AGREEMENT (Insurance Requirements Modification Only) THIS FIRST AMENDMENT TO MARINA MANAGEMENT AGREEMENT (“Amendment”) is made and entered into as of ____________, 2026, by and between the CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation (“City”), and US MARINA GROUP, LLC, as assignee of Oasis Marina, LLC (“Contractor”). RECITALS A. City and Oasis Marina, LLC entered into that certain Marina Management Agreement dated January 6, 2024 (RFP No. 23-012), as amended (the “Agreement”). B. The Agreement has been assigned to US Marina Group, LLC pursuant to an Assignment and Assumption Agreement approved by the City. C. The Agreement incorporates the RFP, including minimum insurance requirements. D. The City desires to modify certain insurance requirements based on updated risk evaluation and market conditions. 1. MODIFICATION OF INSURANCE REQUIREMENTS Notwithstanding anything in the Agreement, the RFP, or any incorporated exhibit to the contrary (including the minimum insurance requirements), the required insurance limits are hereby revised as follows: (a) Marina Operators Legal Liability / Marine General Liability • Each Occurrence: $10,000,000 • Policy Aggregate (Per Job Location): $10,000,000 (b) Business Automobile Liability • Combined Single Limit: $1,000,000 (c) All Other Insurance Requirements Except as expressly modified herein, all other insurance coverages, endorsements, conditions, and requirements set forth in the Agreement and RFP shall remain unchanged and in full force and effect, including but not limited to: • Additional insured requirements • Waiver of subrogation • Primary and non-contributory language 2 • Pollution, workers’ compensation, and vessel liability requirements 2. NO OTHER MODIFICATIONS; NO WAIVER. Except as expressly modified by this Amendment, all terms, conditions, obligations, and provisions of the Agreement shall remain unchanged and in full force and effect, and the Agreement, as amended hereby, is ratified and confirmed in all respects. The modification of insurance requirements set forth in this Amendment is prospective only and shall not be deemed to evidence or constitute any prior waiver, course of performance, or modification of the Agreement. Any prior failure by the City to enforce insurance requirements shall not limit or impair the City’s right to enforce the Agreement as amended. 3. COMPLIANCE; CERTIFICATES OF INSURANCE. Contractor shall provide to the City updated Certificates of Insurance and all required endorsements evidencing compliance with the revised insurance limits set forth in this Amendment within ten (10) days of the effective date of this Amendment. Contractor shall maintain such coverage in full force and effect at all times during the term of the Agreement, as amended. Failure to timely provide proof of compliant coverage or to maintain such coverage shall constitute a material breach of the Agreement. 4. BUDGET IMPLEMENTATION; COST RESPONSIBILITY. The revised insurance requirements set forth in this Amendment shall be implemented through the approved marina budget process in accordance with the Agreement. Nothing in this Amendment shall be construed to obligate the City to fund or reimburse any costs except as provided through the approved marina budget. Any insurance coverage obtained by Contractor in excess of or outside the scope of the approved marina budget shall be at Contractor’s sole cost and expense. 5. PRIOR COVERAGE; NO ADMISSION. Nothing in this Amendment shall be deemed to constitute an admission, acknowledgment, or determination by the City regarding the sufficiency or compliance of any insurance coverage maintained prior to the effective date of this Amendment. This Amendment is intended solely to establish revised insurance requirements on a prospective basis. 6. EFFECTIVE DATE. This Amendment shall be effective as of April 15, 2026, and shall apply to all insurance coverage in place on and after such date. 3 7. COMPLIANCE WITH LAW. Nothing in this Amendment shall relieve Contractor of its obligation to comply with all applicable federal, state, and local laws, regulations, and industry standards relating to insurance REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURES ON THE FOLLOWING PAGES 4 IN WITNESS OF THE FOREGOING, the parties have executed this Renewal on the date shown above. CITY: CITY OF DANIA BEACH, FLORIDA, ATTEST: a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED FOR FORM AND CORRECTNESS: EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM CITY ATTORNEY CITY MANAGER 5 CONTRACTOR: US MARINA GROUP, LLC a Florida Limited Liability Company Signature Signature PRINT Name PRINT Name Signature TITLE PRINT Name STATE OF FLORIDA) COUNTY OF BROWARD) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on _____ , 2026 by ___ _________ , as of US MARINA GROUP, LLC, a Florida limited liability company. He/she is personally known to me or has produced as identification. NOTARY PUBLIC State of Florida My Commission Expires: