Item D28
BOARD OF COlJNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 21. 2006
Division: Public Works
Bulk Item: Yes
No
Department: Unin. Parks & Beaches
Staff Contact Person: Beth Leto
AGENDA ITEM WORDING: Approval to extend management agreement with the YMCA on a
month-to-month basis for management of the Key Largo Community Park and Skate Park.
ITEM BACKGROUND: On May 14, 2006, the current agreement the YMCA expired with no
additional options to renew. On March 15, 2006, the Board approved to continue with the YMCA
under a new agreement, but the current purchasing policies require that the agreement be advertised for
proposals.
PREVIOUS RELEVANT BOCC ACTION: The YMCA has been operating the Key Largo
Community Park since May, 2000. The current renewal agreement was approved on April 16, 2003,
amended on March 15,2006, to add the Skate Park, and renewed on May 19,2004 and May 18,2005.
CONTRACTfAGREEMENT CHANGES: Extend management agreement a month-to-month basis,
until bid proposals can be obtained and a new management agreement approved.
ST AFF RECOMMENDATIONS: Approval.
TOTAL COST: $3,558.46fmo. for Park
plus approx. $3.820fmo. for Skate Park
BUDGETED: Yes ~ No
COST TO COUNTY: same
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH Year
APPROVED BY: County Atty.
OMBfPurchasing
Risk Management _
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included x
Not Required_
DISPOSITION:
AGENDA ITEM
Revised] /03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Upper Keys Family YMCA Contract #_
Effective Date:
Expiration Date:
05/15/06
Month to Month
Park and Skate Park
Contract Manager: Beth Leto
(Name)
4560
(Ext.)
Public W orks/Sto 1
(Department/Stop #)
for BOCC meetin on
06f21106
A enda Deadline: 06/06f06
CONTRACT COSTS
Total Dollar Value of Contract:
$3,558.46/mo. for Parle
plus approx. $3,820/mo.
for skate park
Current Year Portion: Approximately
$33,000 thm
9/30/06
Account Codes: 147-20503-530340
Budgeted? Yes[gl No D
Grant: $ N/ A
County Match: $ N/ A
ADDITIONAL COSTS
Estimated Ongoing Costs: $--'yr For:
(Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Risk Manageme~t '(~0'Y; (iv'
~ (\~ ~\:
O.M.B.lPurc~g _
County Attorney t.t fjl; l/
YesDNoD'
Date Out
Changes
Date In Needed
Division Director YesD NoD
Comments:
OMB Form Revised 2/27/01 MCP #2
CONTRACT EXTENSION
(Management of Key Largo Community Park and Skate Park)
THIS Extension is made and entered into this 21 sl day of June, 2006, between Monroe County, a
political subdivision of the State of Florida, and the Upper Keys Family YMCA, a branch of the
Young Men's Christian Association of Greater Miami. to extend the management agreement
dated April 16, 2003, amended on March 15,2006, and renewed on May 19,2004, and May 19,
2005.
WITNESSETH:
WHEREAS, the contract between the parties dated April 16, 2003, expired on May 14, 2006;
and
WHEREAS, the parties desire to continue their relationship under the current contract as
amended and renewed, on a month to month basis;
NOW, THEREFORE, the parties agree as follows:
1. Effective May t 5, 2006, the contract shall continue on a month to month basis.
2. In all other respects, the original agreement between the parties dated April 16, 2003,
amended on March 15,2006, and renewed on May 19,2004 and May 18,2005, remains
in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year
first written above.
(Seal)
Attest: DANNY L. KOLHAGE, CLERK.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor
YMCA:
President
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this .!-5th day of March
2006. between Monroe County (hereafter "County") and Upper Keys Family YMCA. a
branch of the YMCA of Greater Miami, Inc.. (hereafter YMCA).
WHEREAS. on February 16. 2000. the parties entered Into a management
agreement for activities at the Key Largo Community Park; and
WHEREAS. said agreement has been amended previously on October 17, 2001,
May 15, 2002. April 16. 2003, and May 19.2004; and
WHEREAS. the County has constructed a skate park on said Community Park;
and
WHEREAS. it is desired to amend the previous agreement to incorporate
operation and management of the skate park at a specified fee;
NOW. THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1. The agreement dated February 16. 2000. as amended previously on
October 17, 2001, May 15. 2002. April 16. 2003, and May 19.2004. shall
be revised by adding a new paragraph. Paragraph 35, which shall read:
35. SKATE PARK
A. Commencing March 25, 2006, and ending May 14. 2006, YMCA shall
adopt rules and regulations governing the use of the skate park. shall
manage and operate the skate park in accordance with said rules, and
shall carry liability insurance which covers the skate park operations.
The existing insurance policy which names Monroe County as a co-
insured shall be revised to Include such coverage.
B. The skate park shall be open at 10 am each day other than January
19, Memorial Day, July 4. Labor Day. Thanksgiving Day, and Christmas
Day, and shall remain open as follows:
Until 6pm: January. November and December;
Until 6:30pm: February;
Until7pm: March. April. and October;
Until 6 pm: May and September;
Until 6:30PM: June. July and August.
C. County shall pay the YMCA in addition to the monies to be paid for
other ~rk management and operations. the sum of $39.888. per year.
according to the following schedule:
UK YMCA Amend. 3/2006
1
January
February
March
April
May
June
July
August
September
October
November
December
$2,784
$2,958
$3,348
$3,240
$3,600
$3,780
$3,780
$3,906
$3,480
$3,348
$2,784
$2,880
D. County shall also pay to YMCA a sum of $40 per month for a cell
phone, plus $SOper year for CPR training, the latter to be paid with the
payment made for April, 2006, or as soon thereafter as the YMCA shall
provide evidence to County that CPR training has been completed.
2. The remaining provisions of the agreement dated February 16, 2000, as
previously amended shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day
and year first above written.
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BOARD OF COUNTY
COMMISSIO AS OF
MONROE C , FLORIDA
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MANAGI:MDIT AI""'--NT
(Key I..aqo Com..........~ Padt)
This taICW8l of.......- ~ is made _ e&*:nld into this .... day of...,. 2005. by and bc:tMlco MONROE
COUNTY. fLOIUDA. a poIitiaII suIJdi.visioR of the SIIIe of F1oridlt, ~ a>tJN'lY. _Ihc lJIft.Jl D'YS I'AMlLY
YMCA, a baDcb of 1IIc YMCA of Gn:IIa' Miami A~ 1lR~ YMCA. in onIl:r' to n:new _ amad thII <leItain
l~~'" ~ allier into bc:tMlco the pIIIial on FeIImary 16.2000. aslalCMld on October 17. 2001, May IS. 2002, April
16.2003. _May 19,2004, astilows:
1. Section 2 is hereby ~ by adding Ihc fuUowiDg:
"The ~ lam of this ....." n_1t epx:meol shaD be ilr one (1) yair. ",.nr,-n. Mav IS. 2OOS. aod
fa...;...... on _ 14. 2006. unless Ia...iudlled uodcrlhc terms of1llc ..~ ClI' ~ fiIrdIer."
2. Section 9 is bm:by ~ to read as tiIows:
"'9. PARK. REVENUESlCOSTS. An Je\ICIWC geaenIIecl at the PARK site by the YMCA must be
deposited in a lJeI*BIe aalOUDt at a federaIJ:y insured fi.-cial iftllrilutinn willa .. ofticc in Monroe County.
An ftM':DIIC JeIIeIBIed at die PARK site most be spent for I~ pI08I8DIS _ acUvities at die PARK.
miIms five peRlCIIt of 1IIc ftMDJeS wbicb may be spent fOr 8IIminiImIIIive ovedIe8d made 8IllCCIlI8Iy by 1IIc
YMCA's _ JR8I8IDS 8Dd activities. All PARK nwame RlCOI'ds 8Dd lICCXIIIIIIs ..... be kept acconIiDg to
geoe.mIly 8CCeJ*ld account priDdpIes 8Dd made available duriDa n:pJar baIiaelII houm (MoDday-Friday.
9:00 a.m. ~ 5:00 p.m.. boUdays excqltfJd) to auditors eqIIoyed by either Monroe County or die Slate of
Florida. If 8B ...... empJoycd by die a>tJN'lY ClI' die Sf-.: ~.....'CS thII nM8IIe ..... at die
PARK was speot fOr a puIJIOIC ClI' puIpJlIle$ DOt autbari7Jed by this CDdraCt. then die YMCA JIIUSt pay CM:I' to
the County the IIIID "'-...i.-l by the auditor to be i.~..QpCdy... 'Ihe COUNTY may only use the
refunded IIIID fOr PARK impovemeaIs 01' mMnl....w...Qe.
O.11I1It10ng May IS. 2005. 1IIc COUNTY shaD pay YMCA $42,701.53 per yair to fiJnd the salary aod
-.:~ 1ladIs of a fUI.timc Padt......... nc a>tJN'lY ... pay die YMCA on a per IIDIIh in__
basis in 8B 8IIIOUIII cquBllo l/l2 of this ClOIf. 01' S3.5S1l46 per DIOIIIh. nc ~ ... )lIUride a ......,
iIMIicc to the Division of NlIic; WOlD, 8Dd plIJIIICIIl .... be made ....... 10 die Florida ...... ~
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~..~:~:. ia....CIIbcr l1Il'pIlCtS 1IIc --w- aplCIIIIaIlCllla'ioIo bc:tMlco the.....on FdIIuaIy 16, 2000. as IaICMld
c.....~~.~I. May IS. 2002, ApilI6, 2003. 8DdMay 19. 2004. RmliDsinfiID ba:aoddfect
...' .' .\\.'/~ ~~ WHEREOF. die pedies bcn:to lave set dIl:ir baocIs and SIC8Is em die day first wriaa2 above.
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WdDeSSes:
Tide:
RENEWAL OF
MANAGEMENT AGREEMENT
(Key Largo Community Park)
This renewal of management agreement is made and entered into this 19th day of
Mav, 2004, by and between MONROE COUNTY, FLORIDA, a political subdivision of the State
of Florida, hereinafter COUNTY, and the UPPER KEYS FAMILY YMCA, a branch of the YMCA
of Greater Miami Association, hereinafter YMCA, in order to renew and amend 1hat certain
management agreement enter into between the parties on February 16,2000, as renewed on October
17, 200 1, May 15, 2002, and April 16, 2003, as follows:
1. Section 2 is hereby amended to read as follows:
"2. TERM. The term of this management agreement shall be for one (1) year,
commencing Mav 15. 2004. and shall be terminate on May 14. 2005. unless
extended pursuant to the terms of this agreement."
2. Section 3 is hereby amended to read as follows:
"3. EXTENSIONS. 1bis management agreement may be extended for one (1)
additional period of one year each if YMCA provides to the COUNTY written
notification of YMCA's intent to extend the management agreement at least thirty
(30) days prior to the expiration of the management agreement. Such extension is
not available, however, if the COUNTY has provided to YMCA written notification
of its intent not to consent to an extension at least sixty (60) days prior to the
expiration date of this management agreement."
3. Section 9 is hereby amended to read as follows:
''9 . PARK. REVENUES/COSTS. All revenue generated at the PARK. site by
the YMCA must be deposited in a separate account at a federally insmed financial
institution with an office in Monroe County. All revenue generated at the PARK
site must be spent for recreational programs and activities at the PARK, minus
five percent of the revenues which may be spent for administrative overhead
made necessary by the YMCA's park programs and activities. All PARK revenue
records and accounts must be kept according to generally accepted account
principles and made available during regular business hours (Monday-Friday,
9:00 a.m. - 5:00 p.m., holidays excepted) to auditors employed by either Monroe
County or the State of Florida. If an auditor employed by the COUNTY or the
State determines that revenue generated at the PARK was spent for a purpose or
purposes not authorized by this contract, then the YMCA must pay over to the
County the sum determined by the auditor to be improperly spent. The COUNTY
may only use the refunded sum for PARK. improvements or maintenance.
The COUNTY shall pay YMCA $41,457.80 per year to fund the salary and
associated benefits of a full-time Park Manager. The COUNTY shall pay the YMCA
on a per month in arrears basis in an amount equal to 1/12 of this cost, or $3,454.81
per month. The Contractor shall provide a monthly invoice to the Division of Public
. Works, and payment shall be made within fifteen (15) days."
4. In all other respects the management agreement enter into between the parties on February
16,2000, as renewed on October 17,2001, May 15, 2002, and April 16, 2003, remains in full force
and effect.
IN WIlNESS WHEREOF, the parties hereto have set their hands and seals on the day first
written above.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By:
By:
Witnesses:
2
RENEWAL OF
MANAGEMENT AGREEMENT
This renewal of management agreement is made and entered into this 16th day of
April 2003, by and between MONROE COUNTY, FLORIDA, a political subdivision of the State
of Florida, hereinafter COUNTY, and the UPPER KEYS FAMILY YMCA, a branch of the YMCA
of Greater Miami Association, hereinafter YMCA, in order to renew and amend that certain
management agreement enter into between the parties on February 16, 2000, as renewed on October
17,2001, and May 15,2002, as follows:
WITNESSETH:
WHEREAS, YMCA is a not-for-profit corporation established for the provision of activities
for the healthy development of all persons' spirit, mind and body; and
WHEREAS, YMCA provides such activities in a wholesome, alcohol-free and drug-free
environment for all people in Monroe County; and
WHEREAS, it is a legitimate public purpose to provide facilities and services for
recreational use and social functions of the community in a wholesome environment free from drugs
and alcohol;
NOW, THEREFORE, in consideration of the covenants hereinafter to be kept and
preformed, the COUNTY hereby agrees to renew and amend the management agreement with the
YMCA to manage and schedule recreational activities at that certain property described as follows:
1. PREMISES. Lots 312 to 384, Port Largo Fourth Addition, Section 33, Township 61S,
Range 39E, Monroe County, Florida This parcel contains 615,623 square feet and is known as the
Key Largo Community Park (hereinafter PARK).
2. TERM. The term of this management agreement shall be for one (1) year, commencing
May 15, 2003, and shall be terminate on May 14,2004, unless extended pursuant to the terms of
this agreement.
3. EXTENSIONS. This management agreement may be extended for two (2) additional
periods of one year each if YMCA provides to the tOUNTY written notification of YMCA's intent
to extend the management agreement at least thirty (30) days prior to the expiration of the
management agreement. Such extension is not available, however, if the COUNTY has provided to
YMCA written notification of its intent not to consent to an extension at least sixty (60) days prior
to the expiration date of this management agreement.
4. USE OF PREMISES. The PARK shall be actively used to provide a recreational program
for the Key Largo area. The COUNTY hereby enters into this management agreemerit with YMCA
to operate said recreational program. During the operation of YMCA based programs, the YMCA
will be held responsible for supervision of the programming area.. If the YMCA observes a
nuisance or any illegal or immoral activities, including alcoholic beverages or unlawful narcotics
being possessed, used or consumed by persons on the premises, they will immediately contact the
Public Works representative listed in Section 31 of this agreement and the Sheriff's Department.
5. HOURS OF OPERATION. PARK hours of operation are established by the Board of
County Commissioners of Monroe County, Florida, and are currently set from 7:00 a.m. to 8:30
p.m., seven days per week:, 365 days per year. All YMCA programs will take place during the
hours of operation of the PARK, except for the following holidays: (New Year's Day, Easter
Sunday, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day.
6. SCHEDULING OF ACTIVITES. YMCA will schedule all PARK activities and requests
for use of or events at the PARK. Except during league play, YMCA agrees to leave one basketball
court, one baseball field and two tennis courts (at least one lighted tennis court) open for use by the
general community. The YMCA will be exempt from liability for incidents not directly related to
YMCA scheduled activities and/or events. Further, YMCA agrees to allow the COUNTY the
precedence of scheduling authorized activities or events, no more than ten (10) times in a calendar
year, at the PARK. The COUNTY will notifY YMCA of the events or activities, but YMCA will be
exempt from liability for said events.
7. FEES AND PROGRAMS. YMCA will schedule all youth baseball and soccer leagues;
however, such leagues are exempt from paying any YMCA fees. No participant will ever be turned
away from the YMCA's programs. YMCA agrees to offer programs at reasonable rates and to
allow all persons into their programs regardless of their ability to pay. Rates are as follows:
Youths Sports Leagues:
Tennis Lessons:
$60.00
$73.00
Adult League rates will vary depending upon the sport and the length of league play.
The YMCA may add additional programs, upon written request to the County Administrator, who
may temporarily approve the new programs, pending approval of a formal, written amendment to
this management agreement by the Board of County Commissioners.
8. CONCESSION STAND. The YMCA shall operate the concession stand located at the
PARK based upon demand or during scheduled events and programs. The concession stand shall
not be open beyond PARK. hours except during properly scheduled activities and events.
.. ..
Commodities to be sold at the concession stand shall include healthy foods, drinks, real juice
products, bottled water and snacks and must be sold at prices comparable with other like
concessions in the surrounding area. No items may be sold in glass containers. YMCA may
collaborate with other organizations to operate the concession stand; however, the YMCA will be
entitled to the right of refusal in this regard. YMCA will furnish all necessary equipment and
furnishings needed to operate the concession stand, and upon termination of this management
agreement, all such equipment and furnishings will become the property of the YMCA The
COUNTY will install all electrical wiring and plumbing needed to allow YMCA to have the
concession equipment properly installed.
2
9. PARK REVENUES/COSTS. All revenue generated at the PARK site by the YMCA must
be deposited in a separate account at a federally insmed financial institution with an office in
Monroe County. All revenue generated at the PARK site must be spent for recreational programs
and activities at the PARK, minus five percent of the revenues which may be spent for
administrative overhead made necessary by the YMCA's park programs and activities. All PARK
revenue records and accounts must be kept according to generally accepted account principles and
made available during regular business hours (Monday-Friday, 9:00 a.ill. - 5:00 p.m., holidays
excepted) to auditors employed by either Monroe County or the State of Florida. If an auditor
employed by the COUNTY or the State determines that revenue generated at the PARK was spent
for a purpose or purposes not authorized by this contract, then the YMCA must pay over to the
County the sum determined by the auditor to be improperly spent. The COUNTY may only use the
refunded sum for PARK improvements or maintenance.
The COUNTY shall pay YMCA $40,764.80 per year to fund the salary and associated
benefits of a full-time Park Manager. The COUNTY shall pay the YMCA on a per month in arrears
basis in an amount equal to 1/12 of this cost, or $3,397.06 per month. The Contractor shall provide
a monthly invoice to the Division of Public Works, and payment shall be made within fifteen (15)
days.
10. OFFICE SPACE. YMCA is pennitted to set up an office and have telephone service
established in the press box. YMCA will have exclusive access to the office space located with the
press box YMCA will be responsible for all furnishings, equipment, and telephone charges
associated with this office space.
11. UTILITIES. The COUNTY will be responsible for all utilities charges associated with the
PARK, with the exception of telephone service for the YMCA office located in the press box
12. SIGNAGE. YMCA is pennitted to install YMCA signs and rules & regulations signs, upon
COUNTY approval, contingent upon YMCA receiving any necessary permits, as well as
appropriate approvals and clearances from utility companies. COUNTY will install scheduling
signs by the tennis courts, and signs for the Vita Course marking distances in the PARK for
mileage.
13. COMPLAINTS. YMCA and COUNTY agree to work: together in close communication
concerning all grievances and complaints.
14. IMPROVEMENTS. The COUNTY miy. remode~ renovate or reconstruct any buildings,
structures or pavilions on the premises. In addition, the COUNTY is responsible for all resurfacing
and major work at the PARK.
15. MAINTENANCE. COUNTY staff will perform and be responsible for all maintenance of
the buildings and improvements at the PARK and will maintain and stock the bathrooms daily. The
COUNTY will accept any and all responsibility for accidents and incidents related to the
maintenance and renovation of the facility. Furthennore, the YMCA will be exempt from any and
all liability related to the COUNTY'S maintenance of the facility, however, if the YMCA observes
3
any dangerous conditions on site, they will immediately contact the Public Works representative
indicated in Section 31 of this agreement.
16. FUNDRAISING.. All fundraising and fees charged in connection with the PARK shall only
be used to benefit the PARK. The YMCA will be responsible for the collection .of the above-
mentioned fundraising and fees. In addition, YMCA will decide upon the appropriate
disbursements and allocation of these funds.
17. ACCOUNTINGIINSPECTION OF BOOKS/ANNUAL AUDIT. The YMCA shall
maintain its financial records in accordance with generally accepted accounting principles and allow
the COUNTY to inspect its books and records at any reasonable time. YMCA shall, at its expense,
provide the COUNTY with an annual audit prepared by an Independent Certified Public
Accountant. YMCA shall retain all records pertaining to this management agreement for a period
of three years after the term expires.
18. CANCELLATIONS. Either party hereto may cancel this management agreement with or
without cause by giving the other party sixty (60) days written notice sent certified mail of its
intentions to do so.
19. RETURN OF PREMISES. At the end of the term of this management agreement or any
extensions thereot: YMCA shall vacate and peacefully surrender the premises to the COUNTY.
YMCA shall not suffer or permit any waste to occur to the premises dming the term of this
management agreement.
20. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder, the YMCA
is an independent contractor and not an employee of the Monroe County Board of County
Commissioners. No statement contained in this management agreement shall be construed so as to
find YMCA or any of its employees, contractors, servants or agents to be employees of the Board
of County Commissioners.
21. INDEMNIFICATION AND HOLD HARMLESS. YMCA covenants and agrees to
indemnify and hold harmless Monroe County Board of County Commissioners from any and all
claims for bodily injury (including death), personal injury, and property damages (including
property owned by Monroe County) and any other losses, damages, and expenses (including
attorney' s fees) which arise out ot: in connection with, or by reason of YMCA scheduled activities
and events governed by this management agreement.
.. .
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this management agreement.
22. INSURANCE. Prior to YMCA taking possession of the property owned by the COUNTY,
or commencing its operations, YMCA shall obtain, at its own expense, insurance as specified in
the attached schedules, which are made part of this management agreement.
YMCA 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.
4
YMCA. shall maintain the required insurance throughout the entire term of this management
agreement and any extension specified in the attached schedules. Failure to comply with this
provision may result in the immediate termination of the management agreement and the return of
all property owned by the COUNTY.
YMCA shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either a
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 YMCA's insurance shall not be construed as relieving YMCA
from any liability or obligation assumed under this management agreement or imposed by law.
The Monroe County Board of County Commissioners will be included as "Additionally Insured"
on all policies, including the policies of all organizations utilizing the PARK for scheduled
programs. The COUNTY 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.
23. COMPliANCE WITH LAW. In providing all services pursuant to this management
agreement, YMCA shall abide by all statutes, ordinances, and rules and regulations pertaining to or
regulating the provisions of such services, including those in effect and those hereinafter adopted.
Any violation of said statutes, ordinances or rules and regulations shall constitute a material breach
of this management agreement and shall entitle the COUNTY to terminate this management
agreement immediately upon delivery of written notice of termination to YMCA, and the
COUNTY may thereupon re-enter the premises.
24. PROFESSIONAL RESPONSffiILITYILICENSINGlARTICLES OF INCORPORA-
TION. YMCA shall assure that all professioIiaIs have current and appropriate professional
licenses and professional liability insurance coverage. Upon execution of this management
agreement, the YMCA will provide the COUNTY with a copy of its Articles of Incorporation and
a list of its Board of Directors.
25. MODIFICATIONS AND AMENDMENTS. Any and all modifications to this management
agreement or to any of the services provided shall require an amendment to this management
agreement to be approved in writing by both parties hereto. .
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26. NO ASSIGNMENT. YMCA shall not assign this management agreement or sublease the
premises except in writing and with prior written approval of the Board of County Commissioners,
which approval shall be subject to such conditions and provisions as the Board may deem
necessary. This management agreement shall be incorporated by reference into any assignment and
any assignee shall comply with all provisions herein. Unless expressly provided for therein, such
approval shall in no manner or event be deemed to impose any additional obligation upon the
COUNTY.
27. NON-DISCRIMJNATION. YMCA shall not discriminate against any person on the basis
of race, creed, color, national origin, sex or sexual orientation, age, physical handicap or any other
characteristic or aspect which is not job-related in its recruiting, hiring, promoting, tenninating or
any other area affecting employment under this management agreement. At all times, YMCA shall
comply with all applicable laws and regulations with regard to employing the most qualified
person(s) for positions under this management agreement. Additionally, YMCA shall not
discriminate against any person on the basis of race, creed, color, national origin, sex or sexual
orientation, age, physical handicap, financial status or any other characteristic or aspect in regard to
providing services hereunder.
28. AUTHORIZED SIGNATORY. The signatory for YMCA, below, certifies and warrants
that:
a) YMCA's name in this management agreement is its full name as designated in its
cotpOrate charter, if a corporation, or the full name under which YMCA is
authorized to do business in the State of Florida.
b) He or she is empowered to act and contract for YMCA.
c) This management agreement shall been approved by the Board of Directors of
YMCA, if YMCA is a corporation.
29. NOTICE. Any notice required or pennitted under this management agreement shall be in
writing and hand-delivered or mailed, postage pre-paid, by certified mail, return receipt requested,
to the other party as follows:
FOR COUNTY
Monroe County Public Works
1100 Simonton St., Rm. 2-231
Key West. Florida 33040
FOR YMCA
YMCA of Greater Miami, Inc.
1320 South Dixie ffighway, Suite 120
Coral Gables, Florida 33146
30. CONTACT PERSONS. The following,'" or their designees, are the contact persons in
connection with this management agreement:
FOR COUNTY
Building Administrator
Dan Fonte
Office Phone: 852-7161
FOR YMCA
Executive Director - Upper Keys YMCA
or YMCA Senior Vice President
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31. CONSENT TO JURISDICTION. This management agreement shall be construed by and
governed under the laws of the State of Florida and venue for any action arising under this
management agreement shall be in Monroe County, Florida.
32 NON-WAIVER Any waiver or any breach of covenants herein contained to be kept and
performed by YMCA shall not be deemed or considered as a continuing waiver and shall not
operate to bar or prevent the COUNTY from declaring a forfeiture for any succeeding breach,
either of the same condition or covenants or otherwise.
33, FUNDING AVAILABILITY. In the event that funds are partially reduced or cannot be
obtained or continued at a level sufficient to allow for the purchase of the services contemplated,
then the contract may be terminated immediately at the option of the COUNTY upon written notice
ofterm.ination being delivered in person or by mail to YMCA The COUNTY will not be obligated
to pay for any services provided by YMCA after YMCA has received written notice of immediate
termination.
34. PUBLIC ENTITIES CRIME STATEMENT. A person or affiliate who has been placed
on the convicted vendor list following a conviction for public entity crime may not submit a bid
on a contract to provide goods or services to a public entity, may not submit a bid on a contract
with a public entity for construction or repair of a public building or public work:, may not submit
bids on leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list. (CATEGORY TWO: $15,000.00).
!N:J\T!!'NESS WHEREOF, the parties hereto have set their hands and seals on the day first
written above> c" ".
~~~'
~;~~L: l{OLHAGE, CLERK
':-:, ~"\
. .. i..,~
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY~(7, ~)d~
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Deputy Clerk
BrLPja >n ~
Mayor! hairman
APPROVED AS TO FO
.. .. AND Al SUFF
By:
By:
Title:
Witnesses:
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