04/19/2011 AuditREVIEW OF THE MONROE COUNTY
CONTRACT WITH THE UPPER KEYS
YMCA, A BRANCH OF THE YOUNG
MEN'S CHRISTIAN ASSOCIATION OF
GREATER MIAMI
April 19, 2011
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COUNTY .�
Prepared by:
Internal Audit Department
Clerk of the Circuit Court
Danny L. Kolhage, Clerk
Monroe County, Florida
April 19, 2011
The Honorable Danny L. Kolhage
Clerk of the Circuit Court
Re: Review of the Management Agreement with the YMCA for the Key Largo Community
Park and Skate Park
Dear Mr. Kolhage:
The Clerk's Internal Audit Department has completed a review of the adherence to contract
provisions under the management agreement between Monroe County and the Upper Keys
Family YMCA, a branch of the Young Men's Christian Association of Greater Miami (YMCA)
for the Upper Keys Community Park and Skate Park. Receipts, invoices and general ledger
information was reviewed for calendar years 2008 through 2010.
Background:
On February 16, 2000, the parties entered into a management agreement to allow the YMCA to
manage and schedule recreational activities at the Key Largo Community Park. See Exhibit A &
B — Renewals of Management Agreements.
Beginning May 15, 2005, the County has paid $42,701.52 per year to fund the salary and
associated benefits of a full-time Park Manager. The County constructed a skate park in the Key
Largo Community Park during 2006. The addendum to the agreement adding the skate park to
the management agreement called for payment of an additional $39,888 per year for other park
management and operations. The addendum also included $480 per year for a cell phone and
$50 per year for CPR training. See Exhibit C — Skate Park Addendum. Effective May 15, 2006,
the contract: was continued on a month to month basis. See Exhibit D — Contract Extension.
The admission to the skate park is one dollar per day. The YMCA provides tennis, after school
camp (age 5 — age 13), summer camp (age 5 — age 13), 3 — 4 year old soccer, skate park, flag
football, tennis, girls on run (3rd -5th grade), girls on track (6`h — 8th grade) and adult kickball
programs.
Scholarships are provided for the programs based on need. In 2010, the YMCA awarded
$36,287.70 in scholarships. The Upper Keys YMCA also receives funds from other sources in
Monroe County such as Ocean Reef and Wesley House.
Monroe County also provided an $11,400 grant for fiscal year 2010/2011. The programs offered
as part of the grant were after -school programming, summer camp, school recess camp and youth
sports.
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Summary:
The Key Largo Community Park program is administered on a contractual basis and should have
strong administrative and management oversight by Monroe County.
Breakdown of funds due to the Key Largo Community Park
2010
2009
2008
Total
Finding #3:
Income minus expenses
$44,278.09
$21,925.33
$67,731.27
$133,934.69
Findine #4:
Allocation of overhead
10 427.68
$5,685.88
($12,263.63)
$3,849.93
TOTAL
$54,705.77
$27,611.21
$55,467.64
$137,784.62
The funds accumulated of $137,784.62 should be used for recreational programs and activities at
the park in accordance with the Renewal of the Management Agreement Key Largo Park,
Section 9 Park Revenues/Costs. This section provides "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".
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1. Receipts and documentation not required for monthly payment.
Finding:
The YMCA is allowed per the agreement to request payment on a monthly basis, documentation
and receipts for the expenditures is not required for payment. The Key Largo Community Park
Agreement Section 9. Park Revenues/Costs states "Commencing May 15, 2005, the County shall
pay YMCA $42,701.53 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 $3,558.46 per month." The Amendment to Agreement dated March 15,
2006 adding the skate park includes an additional amount of $40,418 payable by the County.
Documentation and receipts are not required for reimbursement of the $83,069.52 in funding.
The skate park management agreement also allows monthly payment based on a schedule per
month ranging from $2,784 to $3,906 plus the $40 cell phone charge. An invoice must be
provided for payment but documentation of the expenditures is not required per the agreement.
The YMCA billed the total amount due for fiscal year 2009/2010 for $83,069.52 in arrears on
October 18, 2010.
During the review, the income statements, general ledgers and receipts for the YMCA for
calendar year 2008 through 2010 were obtained and reviewed. Documentation supporting
scholarships awarded was not retained and could not be reviewed. In keeping with other recent
contract changes requiring documentation and receipts before payment we recommend the same
changes be made to this agreement.
Recommendation:
We recommend that the agreement with the YMCA be revised to require pre -audit of contractor
expenditures on a reimbursable basis similar to contracts with other agencies and private non-
profits that provide public service.
YMCA Response:
We are not sure what the recommendation is, but if that is the recommendation, then the YMCA
can bill the County monthly.
County Administrator Response:
Agree with Auditor's recommendation and will work with County Attorney's office to amend
the agreement as required.
C
2. YMCA does not provide a separate bank account for Park revenue in Monroe County
in violation of agreement Section 9. Park Revenue/Costs
Finding:
Park revenue of $245,272.52, $278,860.11, and $277,646.31 for calendar years 2008 through
2010, respectively, were deposited in the YMCA of Miami's bank account. See Exhibit E —
2008 — 2010 Income Statements. According to Section 9. Park Revenues/Costs of the
Management Agreement "All revenue generated at the PARK site by the YMCA must be
deposited in a separate account at a federally insured financial institution with an office in
Monroe County."
Recommendation:
We recommend that the agreement be followed and all deposits made to a separate bank account
in Monroe County. The bank statements should be reviewed by Monroe County.
YMCA Response:
The YMCA can open a separate bank account for revenue received at the Upper Keys Park. All
deposits will be made into that account. However, the YMCA will transfer monthly all the funds
in that account to the YMCA's main Operating account. This will be done because all Accounts
Payable and Payroll checks are processed from the main operating account and the YMCA
cannot separate the Payroll or Accounts Payable process. Another reason for setting up the bank
account for revenue only is to make sure all expenses are covered and paid timely. In the event
that there is a delay in receiving the funds from the county and it is time to pay employees, how
will that be covered? By transferring the funds to the YMCA's main account there is certainty
that all the expenses and payroll will be covered.
County Administrator Response:
Agree with Auditor's recommendation.
4
3. Income minus expenses of $133,934.69 for calendar years 2008 through 2010 retained in
the general fund of Miami YMCA not in accordance with agreement Section 9. Park
Revenue/Costs
Finding:
Income minus expenses totaling $133,934.69 for the YMCA for calendar years 2008 through
2010 were retained in the general fund of the Miami YMCA. The income minus expenses from
2008 to 2010 was $67,731.27, $21,925.33, and $44,278.09 respectively. See Exhibit E — Income
Statements 2008 — 2010. Section 9 Park Revenues/Costs requires that "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. It further requires "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." Also Section 16. Fundraising requires "All fundraising and fees
charged in connection with the PARK shall only be used to benefit the PARK."
Recommendation:
We recommend that the agreement be followed and all income over expenses be retained for the
Key Largo Community Park.
YMCA Response:
The YMCA can create a separate fund solely for the revenue and expenses directly related to the
contract. This will be implemented in 2011.
Auditor's Comment:
County management should work with the YMCA to ensure that the funds accumulated of
$133,949.69 are spent for recreational programs and activities at the Upper Keys Community
Park.
County Administrator Response:
Agree with Auditor's recommendation.
5
4. Intra YMCA allocation of 11% of earned revenue used for YMCA administrative
overhead is greater than 5% of all revenue generated at the park as required in the
Agreement.
Findinin
The YMCA does an internal allocation of 11 % of earned revenue. This amount is used for
general Association support. For calendar year 2010 the amount of intra YMCA support was
$24,310 and 2009 was $19,628.88. There was no intra YMCA allocation for the Upper Keys for
2008. Section 9. Park Revenues/Costs requires that "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."
Based on the agreement of 5% times all revenue for the Key Largo Community Park, 2010
would be $13,882.32, 2009 would be $13,943.00 and $12,263.63 for 2008. In total for the three
years this represents an overpayment of $3,849.93.
Recommendation:
We recommend that the internal allocation for the YMCA be limited to the Agreement which is
5% of all revenue for the Upper Keys Community Park per annum.
YMCA Response:
The YMCA can change the Allocation from 11 % to 5% for only the amount received from the
county. Other revenue received will still be charged the 11 % Allocation.
Auditor's Comment:
The current contract specifies a 5% allocation. County management should address the YMCA's
response in future contract negotiations.
County Administrator Response:
Agree with Auditor's recommendation.
0
5. Sports leagues use the park and concession stand without any documentation provided
on how funds generated are used.
Findine:
Documentation of use of funds by the leagues using the Key Largo Community Park's fields and
concession stand is not required. According to the agreement Section 4, Use of Premises, "The
Park shall be actively used to provide a recreational program for the Key Largo area." The
YMCA is responsible for scheduling all youth baseball and soccer leagues. Insurance
certificates for the leagues are gathered by the YMCA. According to Section 4 of the
management agreement "All revenue generated at the PARK site must be spent for recreational
programs and activities at the PARK...."
According to the agreement Section 8, Concession Stand "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." According to conversations with the YMCA Park Manager the leagues
run the concession stand when using the fields. The leagues are not charged for use of the fields
or the concession stand. The County pays for all utilities and the maintenance of the park
including the concession stand.
Recommendation:
We recommend that Monroe County develop and implement a policy on reporting income and
expenses for league use of the concession stand and the park and incorporate this requirement
into the management agreement.
YMCA Response(s):
The YMCA can implement the new policy that Monroe County will develop.
County Administrator Response:
Agree with Auditor's recommendation and will work with the County Attorney's office to
amend the agreement as required.
7
6. YMCA concession stand income decreased by 35% from 2009 to 2010.
Finding:
The YMCA concession stand income decreased by $5,628.53, which equates to 35% from 2009
to 2010. The revenue from the concession stand was as follows:
Concession Stand Revenue
2010
2009
2008
Concession Stand Income
10,237
15,865
15,094
Cost of Goods Sold
<5,939>
<5,377>
<6,229>
Net Revenue
4,298
10,488
8,865
Income From Programs
2010
2009
2008
Income From Programs
1 139,487
1 128,216
98,560
The cost of goods sold increased $562 from 2009 to 2010. The income from programs
increased $11,271 for that same time period. Internal audit was unable to determine the
reason for the decrease in concession revenue.
Recommendation:
We recommend that the YMCA determine the reason for the decrease.
YMCA Response(s):
The YMCA is still investigating this matter. We are reviewing all transactions to make sure there
were no reclassifications.
County Administrator Response:
Agree with Auditor's recommendation.
8
7. There is no contract for the Coca-Cola vending machine located at the Key Largo Park.
Finding:
There is no contract for the vending machine located at the Key Largo Community Park, and the
YMCA is not collecting any revenues from that machine's sales.
According to the February 16, 2000 management agreement item number nine (9) between the
County and the YMCA, "The YMCA is permitted to have vending machines at COUNTY
approved locations in the PARK.", and that the YMCA will coordinate with the vending machine
companies to provide vending machines and any repairs to the vending machines. The contract
also states that the revenues derived from the vending machines were to be deposited, utilized
and accounted for by the YMCA and that the vending machines are closed during concession
hours. Exhibit A — Feb. 16, 2000 management agreement
A contract between the vending machine company and the YMCA would help ensure that the
February 16, 2000 management agreement item number nine (9) between the County and the
YMCA are met.
Recommendation(s):
It is recommended that the YMCA research potential vending machine companies and then
determine the best company to sign a contract with that meets the February 16, 2000
management agreement item number nine (9) between the County and the YMCA
YMCA Resnonse(s):
The YMCA will research different vending machine companies and enter into a contract that
with the company that best fits the need.
County Administrator(s)
Agree with Auditor's recommendation.
Q7
We would like to thank the YMCA Senior Vice President/COO and the YMCA's Key Largo
Community Park Manager and staff for their cooperation while conducting the review.
The audit was conducted with the assistance of Michael Stanek, CIA, CCSA Internal Auditor.
Sincerely,
Sandra L. Mathena, CPA, CFE, CIA
Director of Internal Audit
cc: Board of County Commissioners (5)
Steve Gimenez, SVP/COO YMCA of Greater Miami
Roman Gastesi, Monroe County Administrator
Dent Pierce, Division Director Public Works
Suzanne Hutton, County Attorney
Sandee Carlile, Clerk's Finance Director
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EXHIBITS
EXHIBIT A
2000 Agreement between the County & the YMCA
MANAGEMENT AGREEMENT
This management agreement is made and entered into this I A day of 2000, by and
between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, hercitfafter COUNTY,
and the UPPER KEYS FAMILY YMCA, a branch of the YMCA of Greater Miami, Inc., hereinafter YMCA.
WITNESSETH:
WHEREAS, YMCA is a not -for -profit corporation established for the provision of activities for the
healthy development of all personsO 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 servicesf for recreational use and
social functions of the community in a wholesome environment;
NOW, THEREFORE, in consideration of the covenants hereinafter to be kept and41
COUNTY hereby agrees to allow YMCA to manage and schedule recreational activities at that ra r '
described as follows: p rt3'Ca
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1, PREMISES. Lots 312 to 384, Port Largo Fourth Addition, Section 33, Township
artg9EcD
Monroe County, Florida. This parcel contains 615,623 square feet and is known as the Key Largotttiarl�
(hereinafter PARK). :<_ .z Rt
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2. TERM. The term of this management agreement shall be for one (1) A, c�mr�tci
�1 A V 15 , 2000, and shall be terminated after said period, unless extended pursuant to the terms of th
management agreement.
3. EXTENSIONS. This management agreement may be extended for two (2) additional periods of one year
if YMCA provides to the COUNTY written notification of YMCAOs 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 agreement 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 any
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 30 of this agreement and the SheriB0s
Department.
5. HOURS OF OPERATION. PARK hours of operation are established by the Board of County
Commissions 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 Years Day, Easter Sunday, Memorial Day, Fourth of July, Labor Day, Thanksgiving
Day, and Christmas Day.
6, SCHEDULING OF ACTIVITIES. 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 then
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. All rates will vary depending upon membership as a YMCA Member, a Program
Member or a Non -Member. Rates are as follows:
Youths Sports Leagues: YMCA Member $40; Program Member S50; Non -Members $75.
Tennis Lessons: YMCA Member $53; Program Member $63; Non -Members $73.
Exercise Programs: YMCA Member $20; Program Member $30; Non -Members $40.
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. All revenue derived from the concession stand will be
deposited, utilized and accounted for by the YMCA.
9. VENDING MACHINES. The YMCA is permitted to have vending machines at COUNTY approved
locations in the PARK. The YMCA will coordinate with vending machine companies to provide vending
machines that include real juice products and bottled water, in plastic or aluminum containers. YMCA will
coordinate the servicing of and any repairs to vending machines with the vending machine companies. All
revenues derived from the vending machines will be deposited, utilized and accounted for by the YMCA. The
vending machines will be locked during concession stand hours of operation.
10. OFFICE SPACE. YMCA is permitted to set up an office and have telephone service established in the
press box. YMCA will have exclusive access to the office space located within 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 permitted 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. UAPROVEMENTS. The COUNTY may remodel, 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.
Furthermore, the YMCA will be exempt from arty and all liability related to the COUNTY'S maintenance of the
facility, however, if the YMCA observes airy dangerous conditions onsite, they will immediately contact the Public
Works representative indicated in Section 30 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, the YMCA will decide upon the appropriate disbursements and allocation of the these funds.
17. ACCOUNTINGANSPECTION 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
thereof, YMCA shall vacate and peacefully surrender the premises to the COUNTY. YMCA shall not suffer or
permit any waste to occur to the premises during 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 attorney0s fees) which arise out of, 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.
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 YMCAUs 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 OAdditionally Insured0 on all policies,
including the policies of all organizations utilizing the PARK for scheduled programs. The COUNTY will also be
named as OLoss PayeeO with respect to Fire Legal Exposure,
Any deviations from these General Insurance Requirements must be requested in writing on the COUNTY
prepared form entitled DRequest for Waiver of Insurance RequirementsO and approved by Monroe County Risk
Management.
23. COMPLIANCE WrM LAW. In providing all services pursuant to this management agreement, YMCA
shall abide by all statutes, ordinances, and rules and regulations pertaining to or regulation 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 RESPONSIBILITY/LICENSING/ARTICLES OF INCORPORATION. YMCA shall
assure that all professionals 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 arty of the services provided shall require an amendment to this management agreement to be approved in
writing by both parties hereto.
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-DISCRIMINATION. 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, terminating 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) YMCAUs name in this management agreement is its full name as designated in its corporate
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 permitted 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 FOR YMCA
Monroe County Public Works YMCA of Greater Miami, Inc.
5100 College Road 175 SW 15th Road
Key West, Florida 33040 Miami, Florida 33129
30. CONTACT PERSONS. The following, or their designees, are the contact persons in connection with this
management agreement:
FOR COUNTY FOR YMCA
Building Administrator Executive Director - Upper Keys YMCA
Ken Thulin or South District Executive Director
Office Phone: 852-7161
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.
ies hereto have set their hands and seals on the day first written above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
4. By:
or/Chairman
YMCA OF GREATER OAW, INC.
By:
APPROVED AS TO FORM
AN' Y
RO RT N. E
DATE " •�
199E Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor 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
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
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
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
GL1
AdMdniAration Instruction
14709.3
I
48
1996 Labia,
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for -
Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
VLl
AdadrAoMion Wuuction
04709.3
4
1996 Ldiuon
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self -
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request;from the County.
WC1
Administration Instruction
14709.3
I
87
1996 Uition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for
Other Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal injury,
and property damage (including property owned by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) which arise out o$ in connection with, or by
reason of services provided by the Contractor or any of its Subcontractor(s) in any tier,
occasioned by the negligence, errors, or other wrongful act or omission of The Contractor or its
Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indennify the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
TCS
Administration Instruction
#4709.3 96
noaru UT wircutors I T IVIVA OT ureater mia mil i I Mul
04FICERS of the BOARD i
ADDRESS
PW)NEIFAX/E-MAIL
Robert J.Shelley 111 17
IM Luao Avenue
Work#
305 $47-1781
�. -
FChair
harm 305 $673303
Coral Gahles1 Florida 331
Fax #
--
305 507-1643
E-Mail
RJUGS&INORLDNETATTSET.
Horne
2 Grove Isle Dr. #002
HorneX
305 UMN
Coconut Grove, Fl. 33133
I7201 SW 103rd Avenue
FsxN '306 M-9110111
E-Mail
Dr. Walter T. Richardson
—swag
'WOO
Sweet Home Missionary B&A. Ch.
Work
Work 0
3092514753
No
Mlarrd. Florida 33157
Fax$
306 2613497
i E-Mail
dkibbellsouth.nd
CelesteJudge H. Muir
Home
381111 Stewart Avenue
Work #
306 3753370
Coconut Grove, Fl. 33133
304 3753211
_fax#
E-Mail
%tydr6solcom
—Promff
'6q-,Wd
Union Planters Bank
Work
21100 Ponce do Leon 10FL
Work #
306 GM-1619
Tressurlar
Coral Oa Fl. 33134
Fax #
305 414311-11105
E-Mail
OctavioVile"
Academies
Work
3260 Mary St. 0302
Work #
306 406.1110
Past Chair
MM". Florida 33133
Fax #
305 406-10j1
------ - ---
E4MI
------------------
BOARD MEMBERS
Aftpuez, Ann
Work
901 Ponce do Leon #202
Work #
1306 461-4001
hKerymoonal Chair
Coral Gables, FloridsW134
Fax 9
30546141002
EAftll_
alieguez9bbellsouth. net
Work
Alvan Dixon
Edfflce International
420 Lincoln Rd. Ste. 309
Home$
305532-8223
A#"#Rh Cbeir
Miami Beach, Ft. 33139
Fax 0
305 532-8226
E-Mail
edificedibellsouth.nat
i
HonrMwie.,
1941 SW 23rd Street
Homq#
1305 868-0109
Miami, F"a 33145
E-Mail
Balestra, Ruth
Home
917 Paredso
Home#
305 562-1750
Coral Gables. Fla. .33146
E-Mail
ybakstgasol.00m
Becerre, Gabriel
President
Work
2750 N.W. 79th Avenue
I Work #
.305 599-0193
Flowers
Miami. Florida 33122
Fax 0
1305 477-Mie
E-Mail
I gabrielfigoldenfiwars.com
PO Box 3318215
Berckrna!M B
lHome
Work#
305448-0081
Coconut Grove, Fla. 33233
Fax#
305 441-9370
E-Mail
CGVIZSLASt%JUNO.COM
Bleclii�n, Dr. WII
—Work #
3---
05 061 -7W7
Senior Consulbmt
Home
5250 SW 84th Street
DNA. of Children and Families
I Miami, Florida 33143
FS)d
305 5874M
E-Mall
wbiechmangl1hotmall.com
Bowen, Las
Home
48 N.E. 15th Street
Workf
305 248-5141
Opn"tesd Chat
Homewlead, Fl. 33030
Fw*
305 248-2758
E-Mall,
Busto, Mercedes
Work
370 Minorca Avenue
Work *
305 443-2444
Coral Gables, Fla, 33134
Fax #—
305 443-8578
E-Mail
mbustothad.com
Cp!!on VVIMam O.
Greater Miami Chamber
work
1601 B "- Bird.
Work #
305 350-7703
Miami, Florida 33132
Fax #
305 371-$=
— —
E-Mail
Davis,James L —
Wkrter Address _
Home
4355 Sabal Palen Road
Work #
305 576 4M
-
Miami FWkie 33137
E-Mail
__.._-----_
Summer Address
Home
Grandfa w Courtry Club
HighwayI05PO Boot e24
LinvNb N.C.20M
Dotson Albert E. Jr. —_
Bilzin Sum Dunn Price
Work
2500 First Union Fin. Ctr.
Work #
305 3504411
8 Axelrod LLP
Miami Florida 33131
Fax /
1305 374.7593
- -
E-Mary
I-
--
Erbarr Toms P.- -
Home
1240 Blue Road
Home #
306 6O9256
Coral Gables Florida 33146
Homo #
Fraser, Ron_Home
2682 Palmer Place -
954 3848W7
—
_-�
Weston Florida 33332
Fax #
954 3854We
-- --
E-Mail
_
Gordon, Reed 0.
Gordon and COm n
Work
17975 NW 154th St. #340
Wok #
305 382.1040 --_ .__
Lakes FL 33016
Fax #
305-3e23344
-
-------
-Mail
Hague, Andrew S.
M
Home
1635 So. Buysbore Dr.
Work #
305 545-
Coconut Grove Fla. 33133
Fsx #
- ---
306 8544759
-
E-Mail
-Loom
I
Hanna Paul J.
Horne
Harbor Howse #12
Home#
305 367-3145
Ocean Reef Club
K Largo.F1.33037
_
Summer
G-1 The takes
Home#
704-983-7679
Hound Ears Club
Bioy4 Roc NC 27e08
--
"fflftrat Patrtda 1.
N urst and Associates _
Work
2801 So. Bevetwe Dr. OM
Work #
305 857-0
--- --
— __ _
Coconut Grove Fla. 33133
Fax #
7-M
E-Mail
_
Hems Dr. Alberto
Miami Dade C Cd
-
Work
1776 W. 49th Street
Work #
305 237-8712
HhOsah Chair
Hkdeah Canter
Hialeah FI. 33D12
Fox #
306 237-8711
- -
_Homqf
M5 273.3700
E-IMsH
aherrera nxim.edu
Hail M
Adomo Zeder _ ------
Work
2e01 So.OgjWwo, Drive
Work *
W5 8e0-7359
Carve► Chair
-
Coconut Grove FI.33133
Fax #
305 858-4777
_ —
E-Mall
mah OOm -
Jackson Frederick Jr
IBM _ T
1 Aftmbre Plaza
Home
13833 Deering Bay Dr, Ozas
Coral Gables FI. 33158
Work #
Fax #
305 255-1963
305 232-2239
-CvjNl Gables Fkxkin 33134
Home
-NWI__
fr uo.ibm.com
Jenkins Ronald H.
13056 Arch Creek Terr,
Homeg
305 89Z-86gg
__
__. _
Miami Fkxida 33169
Fax#
306 892-4556
- -
E-Mall
-
Jude Sally*
Miami River Inn
Work
118 SW Souh River Drive
Wok #
305 3254M
- -----
_
Miami, Florida 33130
Fax #
E-Mall
305 325 9227
--
—
- —
Kessewltz Ruth
—
Hone
1136 Adusna Avenue
Home #
305 661.0082
Coral Gables FI. 33146
CNI FIM for Fax
-- -
_ _
------___-.
2801 South hors Drive
E-Msll
ricasedWeriblink,nat
305 858
-
Work #
Knox, F.
Adomo Zeder
Work
_ __
Coconut Grove FI. 33133
Fax 0
305 858-4777
Lavvranca Cwtb —
Soutlt Dods ChW+r--
--
Hen D lean Service
---
Work
17451 S.W. 109th Ave.
Merril FI. 33157
Worial
Fed
305 14
305 2535328 -
Ewell
L M tt.
Home
1020 Cotorro Avenue
Coral Gabbs Fla. 33146
_
WB6 9A21
Fax #r
305 284.020
Ewell
MAR VKLYNCH O..COM
M JO -_
Cobon Hicks
Work
200 So. B Blvd.
4700
Mbmi Fkxkin 33131
Work f
Fax i1E
305 37164"W
30537
E-Mall
coison.00m
Metrdoza Victor - -_.
_
1000 SE 8th Stred
Hlateah Floft 33010
Home
1010 Cotorro Avenue
Coral Gabk+s, FI. 33146 _
Work 0
Fax 0
305 8084 5000
305 Q&%,3M
Ewell
Madbux hony
The DardickA MSouth~_____
Work
6W24 Senione Street
d
Wand
—
Coral Gables FI.33146
FaxM
ftr*ft Dr. Llndsa
Work
5712 SW 77th Terrace
Worfc 9
305 688_g842
-
Miami Florida 33143
_
Fax 0
305 688.0417
E-tiAaU
Pearson CMbt
- -- -
The Pearson group
President
Miami Dade Com-inityHomestead
Work 241 Sevilla Ave. #1006
Coral Gables FI.33134
Wark f
Fax 0
E-W
305 448SM
305 1
www.the oom
Ph UN Dr. _-
- - - — --
Work
_
500 Terrace
Fkxide 33030
World
Fax4
Home#
E-Msil
305 237-5006
305 237-5002 -
305 256-3888
_
Robbi WlMiam R. Jr. -,
---------- - ---
--
- -_ -
Home
�-
6205 SW 113th Street
Mlarnr Florlde 33155
Home
E-Mail
_
306 808,9036 -
naccc DM
gdwrNdt BoD
—
—-------
Whrter Address _ _
Home
SW With Avenue
Hams R
305 661-106
Summer Address:
Home
Miami Fkxids 33156
P.O. Boot 188
Fax 8
306 OW6-7202
Homerr
Fw*
Ewell
704 983-7587
704 983.8030
-
BlovAna Rock NC 28606
Lesfia
Bucharsn I 8 _
-
Work
Nations Bank Tower
100 SE 2nd St. Sulte 2100
Miami FI.33131-2150
Work f
347-4080 -
Fax S
305347
bipc.com
North Myra _
Dada Board ��
Sok o 00 Ordi Lao
West Ow*Ir
CaW Exchange
^--
NationsBank
-
Work
1 No. Kendall Dr.
Sulte 209
Miami FWM 33176
Work *
Fax a
Home f
305
305 279-M
305 Me-um0
E-Mail-_
ad.corn
Work 2195
_
SW 8th Street
Mleml -FI. 33135
Work #
Fax 0
Ewell
306 504410
_
306 642-6173 1
- -
Weaver, Dorothy ColUns Inter
-- -- - -
-- - -
ems' Andre
Inveffiments, Inc. _ Home
136Q
Doering Bay Drt"
Work rM 305
238_7700 --
Periftuse
Miami,
166 Fax
FI.33158-2819 Hoare
-
N 306
# 305
well dcweaver
238 8706
238-7110
itxn.rwt
Alwthwest chair -
Work
701
Ft.
N.W. 18th Ave. Bid. C
Lauderdale FI.33311 Fax
Work 8 964
1954
47 83755
847-3433
-- E-Mall
I andre100®bmnel.ora
ofigigignW, Rogw A.
Wkwarter Laboratories
i Work
1820 NE 144th Street
Work #
305 944,340I )001
N. Miami. Fl. 33181
Fax #
305 9404M
E-Mail
ccomwirvor
Non-AfterOw BnMO dh-dm-
I
Rosenthd. Kwm
Roserdhal and Rosenthal
Work
12875 NE 191st Street
Work #►
305 9374=
NorM Dmk-,Chair
I Aventurs, Florkle 33180
Fax #
305 937-1311
E-mall
solxom
Alberni , Pedro L.
Alberni and Albomi PA
i Home
734 Paradiso Avenue
Work 0
305 052-7Z72
soudr*vd chair
Coral Gables, Florida 33146
Fax #
.305 662 4266
_As
Home 0
1305 e82-2917
of NI 6=
-----------
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� I• � i r w� 111 / �i
CERTIFICATE OF AMENDMENT TO CERTIFICATE OF INCORPORATION OF '
THE YOUNG MENIS CHRISTIAN ASSOCIATION OF MIAMI, FLORIDA, - the
original Charter having been filed in the Circuit Court of
Dade County, Florida, on the 6th day of April, A. D., 1916;
AMENDED ARTICLES OF INCORPORATION, ARTICLE I changing the
corporate name to THE YOUNG MENIS CHRISTIAN ASSOCIATION OF
6EATEy MIAMI, (FLORIDA), filed in the same Court on the
cth day of December, A. D., 1957, according to copy of the
documents filed in this office, - Amending ARTICLE IV, under
the same corporate name of
THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER MIAMI, (FLORIDA),
a corporation not for profit, organized and existing under the
Laws of the State of Florida, filed with and approved by the
Secretary of State under the authority of Chapter 617, Florida
Statutes 1963, on the 20th day of February, A. D,, 1964, as
shown by the records of this office.
i
. 1�� a= �Sjv�wzowf
AM1 0LD CHARTER
OF
THE YOUNG ME.N'S CHFL15TIAN ASaOCTATION OF GREATER MLUa. (FLORIDA)
In presenting this amended Charter for The Young Menlo Christian
Association of Greater Miami, Florida, the Association wishes to pay tribute
to the seventeen (17) original founders of the Miaci Young Menlo Christian
Association, who, on April 6, 1916, received from Judge H. Pierre Branning,
Judge of the Circuit Court of the Eleventh Judicial District, -the first
_ Charter of The Young Menlo Christian. Association of Hismi, Florida.
- The original -founders werel
A.L. Faso, J.M. Bercegeay, S. Bobo Dean, Morgan E. Jones, Fa. S. Frost,
R.E. Hall, James H. Jackson, Franc A. Keene, A.S. Heyser, J.S. Junkin,
B.3. Douglas, F.G. Railey, Vi.J. Rodgers, A.J. Rose, Frank B. Shuttle,
J.T. heathers, T.O. Wilson.
M IT RZMLY D, that the Charter of this Corporation be, and the
same hereby is, amended, subject, hoti:ever, to approval by a Circuit Judge in
and for the Eleventh Judicial Circuit of the State of Florida, so that the
sage shall read as follows:
ARTICLE I
flame and Object
Section 1. The name of this organization shall be "The Young Men's
Christian Asoociation of Greater Miami," (Florida).
Section 2. The purpose of this Association shall bet "To enlist
persons in a world-wide fellowship united by a cQ-7non loyalty to Jesus Christ
for the purpose of building Christian personality and a Christian society."
Section 3. The Young Men's Christian Association of Greater Miami,
Florida, shall be a non-profit organization.
Section k. This Association shall be affiliated with the Southern
Area Council and the National Council of The Young lien's Christian Associations
of the United States of America.
•M M �.
:D8I1 ® Awibsr dsrtll5► tbat at the dow. oJl PO
rn
T
AAi1UN1 iiaft�:� ''
of �sy� Of tbs yaoaisttan dW�► bald to
•...
P
llosida, on ebs '3Tst dal of J vasT• ll6q; at which x"t"s Ak sm ` •
gnor= ok the �otinD Iasi dai' ' ' ,ry piispt. drld do"t
that tbe'itfi 4"*soposdd mjindwdt is the four itttd' 11�
Dowd' of'Disootort. on ■oE!•"ii ossoadod'aod ja**14a 'b7
the ii'fiMM Ve vote pf aOt `JVS t* Mj h
I
mmtbsrs pressa4 at snob. catl'wisb4rrd,..
THi tAIDi�IQi1m ;ust6is ' 'tbat
of fir thi' abdows vewL utiano
and 40tions of .00 Dowd of Ai�teatoss +bW ,ems hers M* bap
imd
rstndsd os tyis tarisih ' fn1l ' fOdei ' a ?wtspt, `
is _, 't' tbat
such acts aonotitueas all cationraqulssd mdW the amoded
Chastis of 'thi Ais6cU*loe to iffsot a' lustbe�r' awndaioe of tbi iMsti,
'' � � d MHiRiCsi •the dpdji{%ggjd bsri' a:�thd !lily "r >'
Certifiaat� Yn tbiiir'offiaial odpaolt'Si"igd affirAW tbi tsal of the
.Assoilatlon`tblo 31st dq of Januar7, 1964,
Section 5. To accomplish its purposes, the Association =Ay establish
and provide for the conduct and maintenance of Toung Rents Christian Association
work in one or more sections of Dade county and for particular groups of persons.
A11 branchea or subdivisions established by the Association shall be under the
control and direction of the Board of Directors.
Section 6. This Association shall have perpetual existence.
ARTICLE II
Property
Section 1. Me Association nay hold or dispose of ouch property, real
or personal, as may be given, devised, or bequeathed to it or entrusted to its
care and keeping$ may purchase, acquire, and dispose of such property as my
be necessary to carry out the purpose of the Aasociationj and may manage, control,
and utilize the same in accordance with the provisions of Article IV.
Section 2. The higheat amount of indebtedness or liability to which
this Association may at any time subject itself, and which shall never be greater
than two—thirds of the value of the property of the Association, is Four million
U4,000,000.00) dollars.
Section 3. The amount in value of real estate which the corporation
may hold (subject to the approval of the Circuit Judge) is six million—
U6,000,000.00) dollars. '
ARTICLE III
Hembership
Section 1. Any person of good moral character who is in sympathy with
its purpose may become a member of this Association, in accordance -writh such
provisions and classifications as may be established by the Board of Directors.
Section 2. Any member eighteen years of age or aver may become a
voting member of this Association who signifies that he is in sympathy with the
purposes of the Association as defined in Article I, Section 2, and indicates
his willingness to cooperate actively in achieving these purposes.
Section 3. The responsibilities of voting mumbera shall bet
a. to help actively in achieving the purpose of the organization;
V. to comply with the fikimcial and other membership requirements;
a. to vote and, if eligible and elected, to hold office;
d. to repr.ssnt the Association in the National Council or Area
conventions, if and when duly authorized under the stated
roquirn eats of such ruprescntation.
o iI� IV
Hrunagement
Section le the HeAagemant of the Association shall be vested in a
Board of Directors constituted as followst twenty-four (24) porsons elected
by the entire board and one (1) parson elected anaual7y
for three Year t°
anent from among its voting members.
by each Branch Board of ManaB i
Each Director must po53e33 the qualifications for voting membership
In the Association*
a. the Hoard of Directors shall have and exercise all the
powers necessary to control the work and Policy of the
Association in all its details, including the appoint.T-ent
of standing and special eorwrittees. No contract, debt or
obligation shall be binding unless contracted under
authority of the Board.
b. Branch Boards of Management shall be tinder the control
and direction of the Board of Directors as defined in the
By-laws and the Branch operations Policy -
Co the Board of Directors shall have the pgwer to fill, for
the unexpired terms, all vacancies occurring in their
number between annual elections. They shall have
authority to rake W-laws for the government of the
Association, not inconsistent with this Constitution -
Section 2. The officers of the Hoard of Directors shall be a President,
two Vice -Presidents, a Recording Secretary, an Assistant Recording Secretary,
a Treasurer and an Assistant Treasurer, chosen from their ovm number, as
provided for in the a�r-lays. These shall also be the officers of the Association.
ARTICLE Q
Meetings of the Association
Section 1. there shall be an annual meeting of the Association within
ninety days after the close of the fiscal year, at which time the Dbard of
Directors shall report to the membership upon the status of the Association.
Notice of this meeting shell be given to all voting members by publication or
by mail at least t.ro weeks in advan�o.
- 3 -
Section 2. The Association may hold such other meetings of the
Association or of member groups as may be provided for in its q{-lams.
Section 3. Special meetings of the Association may be called by
the President or by order of the Board of Directors. Or, upon the written
request of five per cent of the voting membership of the Association, the
President or the Recording Secretary shall call a meeting, specifying the
object, which shall be incorporated in the notice, and which shall be posted
conspicuously in the Association building for at least ten days preceding
the meeting. A notice of such meeting shall also be nailed to every voting
member at least ten days in advance of the meeting. No business enau ov
transacted at such meeting except that for which the call is issued.
Section 4. Fifty (50) of the voting members shall constitute a
quorum at any meeting of the members of this Association called for the
purpose of formulating or changing the policies of the Association.
Section 5. A written record of the attendance and business transacted
at all regular and special meetings of the Association shall be maintained
and filed with the minutes of the Board of Directors.
ARTICLE VI
/uaerdments
Section 1. This Constitution may be Amended by vote of two-thirds
of the voting members present at any regularly constituted meeting of the
Association, provided such amendment shall have been submitted by the Board of
Directors and posted conspicuously in the Association buildings for at least
two weeks prior to the meeting.
ARTICLE VII
Amended Charter shall be the Constitution
This az.ended charter, together with the original charter granted on
April 60 1916, and amended on Parch 30, 1926, comprises the entire Constitution
of the Toung Men's Christian Association of Greater Miami, Florida. In the
event or any conflict therein, the amended charter approved by the corporation
on October 22, 1957 shall in all reppects control and provail.
-4-
This amended charter, approved on October 2-2, 1957, shalt be the
Constitution of The young Heals Christian Association of Greater Hiari,
Florida.
The undersizned Officers of THE YJUlIG *1115 CK*L157IAN ASSOMITION
OF GREAT a YMM41, (F•L,.RiDA) hereby certify that the above Resolution and
Amended Charter was duly adopted by the Directors and tubers present at
a special meeting duly called for that purpose October 22, 1957, and have
hereunto affixed their hands and the corporate seal of said Corporation
this day of 1957
(Corporate Seal)
Attest3
_-- -THE-MUNG MEN'S CIRIS-LUN ASSOCIATION
CF GR£ M'j HIPya, (FLORIDA)
w President
Treasurer
I the undersigned Circuit Judge of the Eleventh Judicial Circuit of
the State of Florida, in and for Dade County, DO i--?E oY C MTIFT that the
- foregoing Amended Charter of THE YOUNG WINeS CH3ISTIAN ASSOCIATION OF GREATUt
HIAMI, (FLORIDA), a Corporation not for profit, has been presented to me,
and as provided in Chapter 617.02, Florida Statutes, 1949, I do hereby approve
said Amended Charter and have endorsed this any approval hereon.
DONZ in Chambers at I:1.3ai, Dade County,. Florida, this r
day of 1957•
Circuit Judge
—S—
EXHIBIT B
2005 Community Park Management Renewal
RENEWAL OF
MANAGEMENT AGREEMENT
(Key largo Community Park)
This renewal of managment agreement is made and entered into this le day of May, 2005, by and between MONROE
COUNTY, FLORMA, 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
mkt agreement ewer into between the parties on February 16, 2000, as renewed on October 17, 2001, May 15, 2002, Apnl
16, 2003, and May 19, 2004, as follows:
1. Section 2 is hereby amended by adding the following:
"The extension term of this management agreement shall be for one (1) year, commencing May 15, 2005, and
terminating on May 14.2006, unless terminated under the terms of the agreement or emended father."
2. 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 insured 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. N 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 Canty the sum damned by the auditor to be improperly spent. The COUNTY may only use the
refunded sum for PARK improvements or maintenance.
Commencing May 15, 2005, the COUNTY shall pay YMCA $42,701.53 per year to fund the salary and
associated benefits of a fiill-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 $3,558.46 per month The Contractor shall provide a monthly
invoice to the Division of Public Works, and payment shall be made pursuant to the Florida Prompt Payment
hM
a all other respects the management agreement enter into between the patties on February 16, 2000, as renewed
"dn�Qptob' rr17,2001, May 15, 2002, April 16, 2003, and May 19, 2004, remains in full force and effect
\ IN4M*ESS WHEREOF, the parties hereto have set their hands and seals on the day first written above.
N(SEAL) BOARD OF COUNTY CONOMSIONERS
-Aire L. K LHAGE, CLERK OF MONROE A
By:.J
Deputy Clerk Mayor/Chairmain s
map s,•
��r G
Witnesses: YMCA TER MIAW IN�
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By: By:
r�
Pre t and CEO rr► *
BY Title:
0
�
MONROE COUNTY ATTORNEY
ROVED A T
UZANNrE A. OfffrON
ASSISTANTCdf-jNT ORNEY
EXHIBIT C
Skate Park Addendum
Resolution No. 142A - 20N6
A RESOLUTION CONCERNING THE TRANSFER OF FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County,
Florida, to make budgeted bmsfears in the Monroe County Budget for the Fiscal Year
2006, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously
set up in the Monroe County Budget for the Fiscal Year 2006 as, hereinafter set forth to
and from the following accounts:
Fuwi 1l147 Uahee Svc Dist Parks & Roe
From:147-SLU40S24- 590990 other User
Cost Center g SSS24 Reserves 147
For the Amwnt: S2S,464.00
To: 147-5726-2050400346 Other Cestrsctaal Servkea
Cost Canter ti 29W Uainc Parks & Beaehes
'BE IT FURTHER RESOLVED BY SAID BOARD, that the Clark of said Board,
upon receipt of the above, is hereby asidOrized and directed to make the necessary
changes of said items, as set forth above.
PASSED AND ADOPTED by the Board of County Counnimonerss of Monroe County,
Florids, at a regular meeting of said Board held on the 15th day of March AD 2006.
Mayor McCoy Yes
Mayor Pro Tem Nelson Yes
Commissioner Neugent Yes
Commissioner Rice Yes
Commimioner 3pebw Us
BOARD OF COUNTY COMMISSIONERS
OF MONRO LINTY, FLORIDA
U#
By: 'fir$--vY�-
_" I --
%Uw W�1
Attest: DA L. KOLHAGE, Clerk
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MONROE COUNTY ATTORNEY
APPRO ED A� TO FORM:
SUSAN M. ij+ASLEY
ASSISTANT CO TY ATTORNEY
-R
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this 15th 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 goveming 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;
Until 7pm: March, April, and October;
Until 8 pm: May and September;
Until 8:30PM: June, July and August.
C. County shall pay the YMCA in addition to the monies to be paid for
other park management and operations, the sum of $39,888, per year,
according to the following schedule:
UK YMCA Amend. 3/2006
January
$2,784
February
$2,958
March
$3,348
April
$3,240
May
$3,600
June
$3,780
July
$3,780
August
$3,906
September
$3,480
October
$3,348
November
$2,784
December
$2,880
D. County shall also pay to YMCA a sum of $40 per month for a cell
phone, plus $50per 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.
it
YMCA'02
_i ent
" rt,
ATTEST: DANNY L. KOLHAGE, CLERK
UK YMCA Amend. 3/2006
BOARD OF COUNTY
COMMISSIOPARS OF
MONROE C , FLORIDA
Mayor/Ch irman
ViuI �il = COUNTY
-APV- OVER AS 1
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EXHIBIT D
Contract Extension, monthly
CONTRACT EXTENSION
(Management of Key Largo Community Park and Skate Park)
THIS Extension is made and entered into this 21s` 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 15, 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) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
OL
D uty Clerk
MONAOE COUNTY ATTO�N
;COVED AST,
ZA E . U T N
COU
pin
Reviewed By
N. Lewis
M
Mayor �
C)nz
rn �
YMCA::
3A)m ti
By: vCa
Pres&
Alfred Sanchez
President and CEO
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EXHIBIT E
2008 — 2010 Income Statements
YMCA of Greater Miami (Upper Keys)
Income Statement
for calendar years 2008 - 2010
�!
2010
YMAO&I
2009
2008
110
Individual and Business
(2.98)
-
-
130
Sustaining membership
13,240.00
20,325.00
17,080.00
170
Sponsorships
8,030.00
;.1,056.50
9,272.00
305
Special Events
-
"4,050.00
-
910
Foundation Grants
41,500.00
46,500.00
7,500.00
1010
Purchase of Service Local
-
-
(15.00)
1050
Grants - Local
99,266.57
73,011.44
96,999.28
1181
Program Membership
1,535.00
-
1320
Summer Camp
55,070.00
28,520.25
18,695.51
1321
Spring Break Camp
-
-
716.00
1322
Christmas Camp
-
2,880.00
-
1324
CDS Camp
-
14,607.00
23,641.94
1329
Camp Scholarship
(16,915.00)
(7,442.65)
-
1331
Basketball
660.00
-
-
1334
Soccer
1,375.00
1,280.00
930.00
1337
Flag Football
2,555 00
765.00
390.00
1339
Cheerleading (skate park)
1,655.00
1,495.00
779.00
1341
Tennis
20,760.00
15,484.00
8,311.00
1344
Sports Camp
-
1,080.00
-
1350
Education
2,316.00
-
-
1389
Sports Prog Scholarship
(11,742.00)
(2,065.00)
-
1393
Afterschool Care
23,100.05
14,200.05
16,002.82
1394
CDS - Childcare
31,996.76
47,905.58
29,094.51
1399
Scholarships
(7,630.70)
(1,117.20)
-
1420
VendingMachine Sales'
10,236.61
15,865.14
15,094.46
1480
Facility Rental
641.00
460.00
781.00
Total Income
277,646.31
278,860.11
245,272.52
9111INIMAgwim
2010
2009
2008
57,180.32
2110
Full Time
74,351.11
75,831.63
2120
Part Time
62,685.75
66,178.77
64,977.48
2210
Medical Insurance
1 5,203.85
1 7,958.79
1 7,721.98
2220
Retirement
1 5,265.48 1
6,144.20 1
3,754.53
Ex� AMUDU
2010
2009
2008
2230
Life Insurance
238.45
410.59
391.65
2240
Disability Insurance
492.30
628.62
406.60
2310
FICA Payments
9,471.14
10,529.75
9,055.39
2320
Unemployment Insurance
1,721.23
1,559.54
506.60
2330
Workers Compensation
2,345.60
2,687.35
2,326.97
2510
Office Supplies
400.87
664.00
1,120.77
2537
Program Supplies
9,175.12
15,549.46
10,623.14
2550
Food and Beverage
1,718.18
2,184.99
1,010.71
2570
Merchandise for resale
5,938.68
5,377.28
6,229.04
2580
Subscriptions
104.04
-
-
2710
Postage
101.95
98.68
63.49
2720
Shipping and Postage
34.12
-
-
2841
Maintenance and Repairs
-
11,07470
-
2930
Equipment Purchase
-
3,057.94
-
3110
Printing
708.00
397.76
3120
Promotions
334.44
569.96
412.00
3211
Food & Beverage
134.82
186.79
-
3220
Transportation Cost
8..00
316.00
-
3235
Mileage Allowance
1,219.19
726.68
395.09
3280
Recruit & Relocation
90.72
1.0.00
84.85
3340
Meeting Cost
20.00
320.00
-
3350
Conference/Training Cost
225.00
190.00
-
3360
Em to ee Training s
80.00
350.00
-
3510
National Support
12852
76.00
-
3520
Dues Organization
870.33
560.00
60.00
3601
Donations
-
-
3,000.00
3810
General Liability
6,830.06
-
-
3901
Miscellaneous
-
5.00
-
3902
Admission Fee
14,197.57
16,775.87
4,659.88
3910
Employee Testing
1,025.75
1,400.54
163.00
3983
Bus Trips
4,775.00
4,780.00
3,000.00
3990
Special Events
(129.05)
394.77
-
4810
IntaYMCA Allocation
24,310.00
19,628.88
-
Total Expenses
233,368.22
256,934.78
177,541.25
Income minus expenses: 1 44,278.09 1 21,925.33 1 67,731.27
AUDITEE RESPONSE -
County Administrator
C
UNTY SotMONROE
KEY WESTOROA 33040
(305) M-4"I
Monroe County
Board of County Commissioners
Office of the County Administrator
The Historic Gato Cigar Factory
1 ] 00 Simonton Street, Suite 205
Key West, FL 33040
(305) 292A441 — Phone
(305) 292-4544 — Fax 0
April 12, 2011
Clerk of the Court
Ms. Sandra Mathena
CPA, CFE, CIA
500 Whitehead Street
Key West, Florida 33040
Dear Ms. Mathena,
BOARD OF COUNTY CONNISSIONERS
Mayor Heather Carrutfiers, District 3
Mayor Pro Tem David Rice, District 4
Kim Wigington, District 1
George Neugent, District 2
Sylvia I Murphy, District 5
Below please find my responses to the audit findings of the Draft Audit Report with the Upper Keys
YMCA, a branch of the Young Men's Christian Association of Greater Miami dated March 30,
2011.
1. Receipts and documentation not required for monthly payment.
Recommendation(s):
1. We recommend that the agreement with the Upper Keys Family YMCA be revised to require pre -
audit of contractor expenditures on a reimbursable basis similar to contracts with other agencies and
private non -profits that provide public service.
County Administrator Response:
Agree with Auditor's recommendation and will work with County Attorneys office to amend
the agreement as required.
2. YMCA does not provide a separate bank account for Upper Keys Park revenue in Monroe
County in violation of agreement Section 9. Park Revenue/Costs
Recommendadon(s):
1. We recommend that the agreement be followed and all deposits made to a separate bank account in
Monroe County. The bank statements should be reviewed by Monroe County.
ComM Administrator Restwnse•
Agree with Auditor's recommendation.
3. Income minus expenses of $133,934.69 for calendar years 2008 through 2010 retained in the
general fund of Miami YMCA not in accordance with agreement Section9. Park Revenue/Cost.
Recommendation Qs:
1. We recommend that the agreement be followed and all income over expenses be retained for the
Upper Keys Community Park.
County Administrator Re nse:
Agree with Auditor's recommendation.
4. Intra YMCA allocation of 11% of earned revenue used for YMCA administrative overhead is
greater than 5% of all revenue generated at the park as required in the Agreement.
Recommendation(s):
1. We recommend that the internal allocation for the YMCA be limited to the Agreement which is 5%
of all revenue for the Upper Keys Community Park per annum.
County Administrator Response:
Agree with Auditor's recommendation.
5. Sports leagues uses park and concession stands without any documentation provided on
how funds generated are used.
Recommendation(s):
1. We recommend that Monroe County develop and implement a policy on reporting income and
expenses for league use of the concession stand and the park and incorporate this requirement into
the management agreement
ComM Administrator Response:
Agree with Auditor's recommendation and will work with the County Attorney's office to
amend the agreement as required.
6. YMCA concession stand income decreased by 35% from 2009 to 2010.
Recommedation•
1. We recommend that the YMCA determine the reason for the decrease.
County Administrator Response•
Agree with Auditor's recommendation.
7. There is no contract for the Coca-Cola vending machine located at the Key Largo Park.
Recommendation(s):
1. It is recommended that the YMCA research potential vending machine companies and then
determine the best company to sign a contract with that meets the February 16, 2000 management
agreement item number nine (9) between the County and the YMCA.
County Administrator Res nse•
Agree with Auditor's recommendation.
Upon completion of the audit, please provide me with a copy of the final report. If you need any
further information from me about the responses, please let me know.
Sincerely,
l
Roman Gastesi
Monroe County Administrator
AUDITEE RESPONSE -
YMCA
Upper Keys and Monroe County Contract- Audit Findings April 15, 2011
1. Receipts and Documentation
We are not sure what the recommendation is, but if that is the
recommendation, then the YMCA can bill the County monthly.
2. Separate Bank Account
The YMCA can open a separate bank account for revenue received at the
Upper Keys Park. All deposits will be made into that account. However, the YMCA
will transfer monthly all the funds in that account to the YMCA's main Operating
account. This will be done because all Accounts Payable and Payroll checks are
processed from the main operating account and the YMCA cannot separate the
Payroll or Accounts Payable process. Another reason for setting up the bank
account for revenue only is to make sure all expenses are covered and paid timely.
In the event that there is a delay in receiving the funds from the county and it is
time to pay employees, how will that be covered? By transferring the funds to the
YMCA's main account there is certainty that all the expenses and payroll will be
covered.
3. Income minus Expenses retained in separate fund
The YMCA can create a separate fund solely for the revenue and expenses
directly related to the contract. This will be implemented in 2011.
4. Allocation of 5%
The YMCA can change the Allocation from 11% to 5% for only the amount
received from the county. Other revenue received will still be charged the 11%
Allocation.
S. Policy for Sports League use
The YMCA can implement the new policy that Monroe County will develop.
6. Concession revenue decrease
The YMCA is still investigating this matter. We are reviewing all transactions
to make sure there were no reclassifications.
7. No contract for Coca-Cola vending machine
The YMCA will research different vending machine companies and enter into
a contract that with the company that best fits the need.