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02/16/2000 Agreement 1aann!, 1.. kOlbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARAmON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS lflGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: May 16, 2000 TO: Dent Pierce, Director Public Works Division ATTN: Beth Leto, Assistant Public Works Division Pamela G. Hanco.&- Deputy Clerk 'CJJ FROM: At the February 16, 2000, Board of County Commissioner's meeting the Board granted approval to enter into a revised management agreement between Monroe County and the Upper Keys Family YMCA for the management of the Key Largo Community Park. Enclosed please find a duplicate original of the above for your handling. Should you have any questions, please do not hesitate to contact this office. Cc: County Administrator w/o document County Attorney Finance File MANAGEMENT AGREEMENT This management agreement is made and entered into this I ~h day of ~ 2000, by and between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, herei after 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 services' for recreational use and social functions of the community in a wholesome environment; :r NOW, THEREFORE, in consideration of the covenants hereinafter to be kept and~ef~~e.:! COUNTY hereby agrees to allow YMCA to manage and schedule recreational activities at that ~ prerty::;; described as follows: ,.,,~=< -< c:i ("). r- - ." 0("). en 1. PREMISES. Lots 312 to 384, Port Largo Fourth Addition, Section 33, Township ~~~ng~ j9E~ Monroe County, Florida. This parcel contains 615,623 square feet and is known as the Key Larg~ni.arI:o (hereinafter P ARK). ~ ~ .~ _ "" ,.. c .. 2 2. TERM. The term of this management agreement shall be for one (1) yi5r, ~nu8ci~ f{\ fA Y IS, 2000, and shall be terminated after said period, unless extended pursuant to the terms of th1T 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 Sherifl1]s 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: Tennis Lessons: Exercise Programs: YMCA Member $40; Program Member $50; Non-Members $75. YMCA Member $53; Program Member $63; Non-Members $73. 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 MACInNES. 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. IMPROVEMENTS. 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 any and all liability related to the COUNTY'S maintenance of the facility, however, if the YMCA observes any 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. ACCOUNTING/INSPECTION 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 attorneyDs 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 YMCAOs 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 InsuredO 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 ORequest for Waiver of Insurance RequirementsO 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 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 RESPONSmILITY/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 any 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 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 5100 College Road Key West, Florida 33040 FOR YMCA YMCA of Greater Miami, Inc. 175 SW 15th Road Miami, Florida 33129 30. CONTACT PERSONS. The following, or their designees, are the contact persons in connection with this management agreement: FOR COUNTY Building Administrator Ken Thulin Office Phone: 852-7161 FOR YMCA Executive Director - Upper Keys YMCA or South District Executive Director 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. SS WHEREOF, the parties hereto have set their hands and seals on the day first written above. tl.C-. BOARD OF COUNTY COMMISSIONERS OF~Qi~:_.a~ By: or/Chalnnan Witnesses: ~~ By: / (.1)(/ j) By;nuf,ra''''' O.CO~ By: APPROVED AS TO FORM AN 1(, 8' 1996 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 . Personallnjury 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 Corrunissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLl Administration Instruction #4709.3 48 1996 Edilioll 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: $100,0~.0 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. ~ I : " VLl Administration lnsl:\IcoUon 64709.3 BO, 1996 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS : FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the conunencement 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 Lab or, as anauthorlzed 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 ofInsurance, 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;fTom the County. . wel ", '.. . Ac4niniSlration Instruction '4709.3 87 1996 Edition MONROE COUNTY, FLORIDA ruSK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indcmnification and Hold Harmlcss for Othcr 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 of, 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 indemnify 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 ofliability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. , , .' . . TCS Adminislration Instruction 64709.3 96 , tsO~!,~ _~T UI~C!~rs I TM\.iA_ ()T !-'reate! MI@ml ! 1_ ZUUU I I __' _. ______".____ __.______..__~~ .,,__.._~_._______l.._.~____..__,______~ .____~____.__ -~-.---~ _._..._~________________1__.____.____._______~___.__,,_.-. --------..---1 ~ i I i~,,~__ ~FICERS of the BOARD fRObert J. Shelley III r- ChalL -~~_~_ ~ '=-~ William Mauk ~alr Elect Dr. Walter T. Richardson Vice President -- Judoe Celeste H. Muir ~~retary -~~ David Promoff Treasurer -~ Octavlo Vlsiedo Past Chair BOARD MEMBERS AIleauez Ana International Chair A1varlno. Dixon Allaoattah Chair Arboleva Carlos -- Balestra. Ruth Becerra. Gabriel Berckmans Bruce BleChman Dr. WiI Bowen Les J!omeatead Chair Busto Mercedes Cell: 305 642-6047 I home 306 667-3303 Home 1------ Home SWeet Home Mlssionarv BaDt. Ch. Work Home Union Planters Bank Work Cambridae Academies Work Work Ed1f1ce International Work Home Home President Golden Flowers Work Home Senior Consultant lJeDt. of Children and Families Home Home Work I ADDRESS I ~- I I I 1080 Luao Avenue I Work# Coral Gables, Florida 3315E Fax # IE-Mail ~ PHONE/FAXIE-MAlL 305687-1781 305887.1943 RJSSGS@WORLDNETATT.NET. 2 Grove Isle Dr. #802 Horne# 305 858-8855 Coconut Grove. Fl. 33133 Fax# 305 269~880 E-Mail 17201 SW 103rd Avenue Work # 306 261-67153 Miami. Florida 33167 Fax # 305 261-3497 E-Mail shrnbl:/8)bellsouth.net 3865 Stewart Avenue Work # 305 3715-6370 Coconut Grove, Fl. 33133 Fax # 305 371-4211 E.Mail wtmirlll>aol.com 2800 Ponce de Leon 10FL Work # 305 536-16115 Coral Gables. Fl. 33134 Fax # 3011538-1808 E-Mail 3250 Marv 51. #302 Miami Florida 33133 Work # 306408.1110 Fax # 305 408.1011 E-Mail 901 Ponce de Leon #202 Work # Coral Gables Florida33134 Fax # E-Mail 305 461-4001 305 461-0002 allatluezll>bellsouth.net 420 Lincoln Rd. Ste. 309 Miami Beach F1. 33139 Home # 305 532-8223 Fax # 305 532-8226 E-Mail edifice6lbellsouth.net 1941 SW 23rd Street Miami. Florida 33145 Home# 305 858-0109 E-Mail 917 Paradiso Coral Gables Fla. 33146 Home # 305 662-1758 E-Mail vbalestrall>aol.com 2750 NW. 79th Avenue Miami Florida 33122 Work # Fax # E-Mail PO Box 331820 Work # Coconut Grove Fla.33233 FaX# E-Mail 5250 SW 84th Street Miami Florida 33143 Work # Fax# E-Mail 48 N.E. 15th Street Homestead FI. 33030 Work# Fax# E-Mail 370 Minorca Avenue Coral Gables Fla. 33134 Work # Fax # E-Mail 305 599-0193 305 477 ..()616 oabriejtj)aoldenflowers.com 305 448-0081 305 441-9370 CGVIZSLASQJUNO.COM 305 661-7807 305 667-9955 wblechmanmhotmail.com 305 246-5141 305 248-2758 305 443-2444 305 443-8578 mbustoll>aol.com -- Cullom.. William O. Greater Miami Chamber Work 1601 BIscavne Blvd. Work # 305 350-7703 Miami Florida 33132 Fax' 305 371-8255 E-Mail Davis James L. Winter Address Home 4355 Sabal Palm Road Work # 305 576-4396 -- MIami. Florida 33137 E-Mail Summer Address Home Grandfather Country Club Hiahwav 105 PO Box 624 - Linville N.C. 28646 Dotson. Albert E. Jr. Bilzin Sumbera Dunn Price Work 2500 First Union Fin. Ctr. Work # 305 350-2411 & Axelrod LLP Miami Florida 33131 Fax' 305 374-7593 E-Mail Erban Tomas P. Home 1240 Blue Road Home # 305 669-9256 Coral Gables Florida 33146 Fraser. Ron Home 2682 Palmer Place Home # 954 384-6007 Weston Florida 33332 Fax # 954385-8906 E.Mail Gordon Reed D. Gordon and Companv Work 7975 NW 154th St. .340 Work , 305 362-1040 Miami Lakes FL 33016 Fax # 305-362-3344 E-Mail Haaue. Judae Andrew S. Home 1635 So. Bavshore Dr. Work # 305 545-2200 Coconut Grove Fla. 33133 Fax' 305 854-4759 E-Mail 8shaauelJ>star-1.com Hanna. Paul J. Home Harbor House #12 Hometl' 305 367-3145 Ocean Reef Club 1---. Kev Larao. Fl. 33037 Summer G-1 The Lakes Homel 704-963.7679 Hound Ears Club Blowina Rock NC 27608 Havhurst Patrtcia I. HaYhurst and Associates Work 2601 So. Bavshore Dr. #250 Work # 305 857-0222 Coconut Grove Fla. 33133 Fax # 305-857-0030 E-Mail Herrera. Dr. Alberto Miami Dade Community Colleae Work 1776 W. 49th Street Work. 305 237-8712 Hialeah Chair Hialeah Center Hialeah FI. 33012 Fax # 305 237-8711 Home# 305 273-3700 E-Mail aherreralJ>mdcc.edu Hill Marlon Adorno Zecler Work 2601 So. Bavshore Drive Work # 305 860-7359 Carver ChIIlr Coconut Grove FI. 33133 Fax # 305 858-4m E-Mail mahCadorno.com Jackson Frederick Jr IBM Home 13633 Deerina Bav Dr. #235 Work # 305 255-1983 1 Alhambra Plaza Coral Gables FI. 33158 Fax # 305 232-2239 Coral Gables Florida 33134 E-Mail frediCu8.ibm.com Jenkins Ronald H. Home 13055 Arch Creek Terr. Home# 305-892-8685 Miami Florida 33169 Fax# 305 892-4556 E-Mail Jude.Sallve Miami River Inn Work 118 SW South River Drive Work # 305325-0045 MIami, Florida 33130 Fax # 305 325-9227 E-Mail Kassewltz Ruth Home 1136 Aduana Avenue Home ## 305 661-0082 Coral Gables Fl. 33146 Call First for Fax E-Mail rkassCearthlink.net Knox. Georae F. Adorno Zeder Work 2601 South Bavshore Drive Work # 305 858-5555 Coconut Grove Fl. 33133 Fax # 305 858-4m E-Mail Lawrence. Curtis Henry DryCleaning Service Work 17451 SW. 109th Ave. Work# 305 238-4614 South Dade Chair Miami, FL 33157 Fl1lC# 305 253-5328 E-Mail Lynch MafV K. Home 1020 Cotorro Avenue Home # 305 666-9921 Coral Gables Fla. 33146 Fax' 305 284-9520 E-Mail MARYKL YNCHfMOL.COM Matthews. Joseph Colson Hicks Work 200 So. Blscavne Blvd. Work # 305 373-5400 Suite 4700 Fax # 305 374-4796 MIami Florida 33131 E-Mail coIson.com Mendoza. Victor 1000 SE 8th street Home 1010 Cotorro Avenue Work # 305 888-5000 Hialeah Florida 33010 Coral Gables FI. 33146 Fax # 305 885-3869 E-Mail Merlino. Anthony The Dardick Aaencv Work 6622 Santona Street Wortdl Southwest BOItrd ReD. Coral Gables. Fl. 33146 FaxII E-Mail Penkev. Dr. Lindsey Work 5712 SW nth Terrace Work # 305 666-4642 Miami Florida 33143 Fax # 305 666-0417 E-Mail Pearson Christopher The Pearson GroUD Work 241 Sevilla Ave. #1006 Work # 305 448-5949 r-----~ Coral Gables Fl. 33134 FlI)(# 305 448-6231 E-Mail www.theoearsonaroup.com Phillios. Dr. Rov President Work 500 College Terrace Work# 305 237-5006 Miami Dade Community Colleae Homestead Florida 33030 Fl1lC# 305 237-5002 Homestead CamDus Home# 305 258-3986 E-Mail Robbins. W1Hiam R. Jr. Home 6205 SW 113th Street Home 305 666-3035 Miami Florida 33156 E-Mail wmrobblnsCcs_com Schmidt. Bob Winter Address Home 9640 SW 69th Avenue Home # 305 661-1656 Miami Florida 33156 Fax' 305 666-7262 Summer Address: Home P.O. Box 188 Home# 704 963-7587 Blowing Rock NC 28605 Fax# 704 963-8030 E-Mail . Smith. Lesne BUChananlnae~n Work Nations Bank Tower Work # 1305 347-4080 100 SE 2nd St. Suite 2100 Fax # 305 347-4069 Miami FL 33131-2150 E-Mail smithmlCbipc.com Solomon- Mvra Career Exchanae Work 10689 No. Kendall Dr. Work # 305 595-3800 North D8de BOItrd ReD. Suite 209 Fax # 305 279-8903 Miami Florida 33176 Home # 305 892-8890 E.MaiI msolol225Caotcom Solorzano Leo NationsBank Work 2195 SW 8th street Work # 305 541-4410 West Dade ehlllT - Miami, Fl33135 Fax # 305 642-6173 E-Man Weaver. Dorothy CoIUns Intercap Investments Inc. Home 13643 Deering Bay Drive Work # 305 238-7708 Penthouse 165 Fax # 306 238-6706 Miami, Fl. 33158-2819 Home # 305 238-7110 E-Mail dcweaver@ibm.net Williams Andre Work 701 NW. 18th Ave. Bid. C Work # 954 847-3755 Northweat Chair Ft. Lauderdale FI. 33311 Fax 954 847-3433 E-Mail andre1ooCbmnet.ora Winaerter Roaer A. Winaerter Laboratories Work 1820 NE 144th Street Work # 305 944-3401 x201 N. Miami FI. 33181 Fax # 305 Q49.8698 -- E-Mail e.comwinaer Non-Attending Branch Chairs: Rosenthal, Kerrv Rosenthal and Rosenthal Work 2875 NE 191st Street Work # 305 937-0300 North Dade Chair Aventura Florida 33180 Fax # 305937-1311 E-maU lawofficesfilaol.com Alberni. Pedro L. Alberni and Albernl PA Home 734 Paradiso Avenue Work # 305 662-7272 Southwest Cfutlr Coral Gables Florida 33146 Fax # 305 662 4266 Home # 305 662-2917 as of 4116/00 .~ \ .. 4. ~ """" "'... ,~ (' '. ..... ...... :r:LaI l" lJ.,i p::O _.....r . t: ,~) , ~ -w &C" a.. "I,) ...' t. l.' ........ ............- .. . ---'--'-' -- '-- ----.-.-- .--.-- ......,..--- '.--.----. . ------_._.-.---_.~-----. ~ ~Oltt Abams". ~~ . · . bn~~~A'~f CERTIFICATE OF AMENDMENT TO CERTIFICATE OF INCORPORATION OF THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF MIAMI.. FLORIDA.. _ the original Charter having been filed in the Circuit Court of Dade COuntYI Floridal on the 6th day ot April, A. D.I 1916; AMENDED ARTICLES OF INCORPORATION, ARTICLE I changing the corporate name to THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER MIAMI, (FLORIDA), t1led 1n the same Court ,on the 6th day ot Decemberl A. D.~ 1957, according to copy ot the doouments filed in this ottice, - Amending ARTICLE IV, under the same corporate name ot THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER MIAMI, (FLORIDA) I 'a oorporation not tor profitl organized and existing under the Laws of the State ot Florida.. tiled with and approved by the Secretary ot state under the authority of Chapter 617, Florida Statutes 1963, on the 20th day of February.. A. D.I 1964.. as shown by the recorda ot this ottice. ~~~~~-&~~ ~~.J~-&~ ~/k . . 21st _~~ February". ~g~,64. , ~ ~~~.. 5ecret4/}'/lFSt;G ----- OO:lHJED CHARTER OF 'mE YOUNG MEN'S CHRISTIAN AS30CIATION OF GREATia MIAJ.a. (FLOiUDA) In pres enting this s.mended Charter for The Young Men' IS Christian Association of Greater M1an1, Flod.da, the Association wishes to pay tribute to the seventeen (17) origi..'1.!ll founders of the Kia.cl. Young Men's Christian Association, who, on April 6, 1916, received [rom Judge H. Pierra at-anning, Judg~ or the Circuit Court. of the Eleventh Judicial Dlstrict,-the first Charter of The YoWlg Men's ChriatianAsGociation ot Miami, Florida.. -- The orig1na.l-rou..'1ders '\:tere t A.L. Eass, J .M. &rcegeay. S. Lbbo Dean, Horgan E. Jones, F:m. S. Frost, R.E. Hal.l., Ja:n.es K. Jackson, FrSJ".k.A. Keene, A .E. Heyser, J .E. Junkin, E.3. Douglas, r.G. Railey, W.J. Rodgers, A.J. Rose, FraP.k B. Shutts, J.T. ~eathers, T.O. Wilson. IE IT P.....-:.30LVED, th-ilt the Charter of this Corporation be, and the Sa::le hereby is, a.::ended, subject, hm;ever, to approval. by' a Ci..1""CUit Judge in and' for the Eleventh Judicial Circuit of the State of Florida, so that the same shall read as rol1~(S a AItTICLE I llama and Object Section 1. The name of this organization shall be "The Young Ken's Christian Association or Greater Hiani," (Florida). Section 2. 'nle purpose of thin Association shall bea n1'o enlist , persons in a world-l-.1.de rellen.ship united by a co..'"lJlOn loyalty to Jesus Chriat for the rurpose at building Christian personality and a Christian society." Section 3. The Young Men's Christinn A5sociat1on of Greater Miami, Florida, shall be a non-pl~fit organization. Soction 4. '!his As:.;ociation shall be affiliated \iith the Southern Area Council and the National Council or Tho YOl.1I'l.g Hen's Chrletian Associations of the United States of Anerica. / ,'::t~t~)~: ,:r'! .~' -1 ...- _h__!l _'_ . --.--.--..-----.. ---- -'-~'.---., ~ ~,.. ~ I,,' 'E~ ,~ t, ,~.... ::0 t,:, i!~, ~ rn l..~,..... c-: TBI UBDBUIGKID furthel' oent. that at the dU17,' c&1tu ,.., M"" , ""I,.;., ".... . ADa~ llletiDa of lfidien of t~~ ~oOUtSGa da4' Uld iIlllf*i~ :J ~ Plod.d.,OII the '31't ....' of .1"UaZ1':,'~~~.vhicb -;"iaa'. ' ~;;{ ;...: ~OJ:WI 0.', ~b~'!Otilij .....' "ja' P~".t::~~';~~ ~t; --.,' "";'" "', ",' "',' ': " ,:' IJ"" ,';1 th8t th.'~;~ ~ ia ~ _~~..i"~ .. loUd' ol'Dl7:ecatoJr'i OQ.~OIl,:a~it '~.:'__c1M '.cl caaftf... 'by ~h. "fln.1ct..'vOc~: 9",,"~,':!1!f~,I.~,~,i,~~&n".";t1ie, .......' CI " J'" ,",. ,. "".. t' '.. n , Da.iabel'iI pn._~'. 1UOb,: .~iDi'l" .....14.' ., "1.'" . . ' .... ' . ;, ,,:.'~, TIll UHI)JUl8IGIBD tuRia8~c~i" 'that the' abOve'Teaoluct.ou 'and .&lOD,' ot.~, ~ 01, Dlt.tol'" "',~ b&Y. DOtb... ,;"' ~. ~;~~W~~"iIlMi,.~,~f.J~,,'.."i~f "'J' , , .uCla acU.OD c:oUctCutea all ac~f.OQ requSzed UIl* the 8118Dded ."., ':. ,.." . Cban.~ of 'tb.~'OCUclOD to .ffect .'~' ~t of 'the '.... '. . ',: ',' r', / ,:'i. 'viDa. WIIBUOJ~ 'the Uiicteftl.aaaat hav.' exeOutW:UU"~~"~')::i"'" .' I' . " ,<' Ceftl11oac8'u th8U'''offlc1&l UpaC1.t1ei".d .ff~ tlM ...1 of the .. . . I '. \ \ I,'. '., l' , .t.a.oc1atlO11 thia 31.t .. of JanUU7, lH4~ ~.~~\,~ ~ri-:~' , '. .... I,';' ': '" .:::.',"; I J",. ~\ ~-:i ;" J ~~ ".': : I \ .j;"':'~~"lJc:}! ~!.'~.'~l/ .' " , ' { ~ I, I ' , , ~ r . , ".. .-. J' I'. '..' " I ~,Y~(J ..~..~,,_: "IA1f, AlIOQ:wn. ." · ;,.*..liia" C' . - " '(r\ftmA) "," . j'! 0" V&IW!III4JII' , . '" ,', "" ;~ " ' '.' '.," " . : i . ,', ! , Ii; ;; , '. .' ;, Ii. ~,' ! ,: _ : 1 : I -f I. \ f , ' B7~~A7~ ;:,1 1\ ,. . I I ~ ' , ,{ : j. .~:: J '.-.: .,. .,' , Mte.tr : ~ 'I I; I ; '.' ' , , " .', ; ,ft "~. ki'" I' I. . I ,~ . .. j '. ' I ' ~.~. \. ':t, . . , I.,. I. 'I'" ~ " . ,.,t" "'1':. . .....'" r' .,.., , . .~' ,~\:' . ~t; (,"0: , ,. .r; ,. . , . . . I,' ,," i .. Seotion 5. To acc~~113h its purposes, the Association ~y establish and provide tor the conduct and J:18.1ntenance ot Young Men's Christian Assoc1n.t1on lo'Ork in ono or r:iOro !Sections ot Dade county a."1d tor particular groups ot p9I"20ns. Al.l brancbe!S or ~ub:i1vl~ions established br the Association shall be under the control and direction ot the !bard or Directors. Section 6. This Association shall have perpetual existence. A2TICLE II Property Section 1. The Association rJaY hold or dispose of such propert;r, real or personal, as maY' be given, devised, or bequeathed to it or entrusted to its care and keepingJ me,- purchase. acquire, and dispose oi- such propert,- as may be necessary to carry out the purpose of t.he Association) and ray manage, control, a...'1d 'utilize the same in accordance with the provisions ot Article IV. . , Section 2. The higheat ~unt of indebtedness or liability to which - - this Association cay at CL"1j' time subject itsel.f, and which shall never be greater than two-thirds ot the valuo of the property of the Association, is Four million (~,OOO,OOO.oo) dollars. Section .3. -- The - &'lOUI1t in value ot real estate lI.idch the corporation may bold (SUbject to the approva1 ot the Circuit Judge) is six million- (U,OOO,OOO.OO) dollars. - M~TICLE III Membership Section 1. Any ~r:3on of good moral character ...-ho is in s;,~thy w-1th its purpose may beC01:le & member ot this Association, in ~ccordance _-ith such provisions and classifications as may be established by the Board of Diroctors. Section 2. Any l:lu:1ber eiEhteen .years of age or over n-.ay become a vot1ne mecber of this Asaocia.tion who sign11'ies that he is in sy:::pathy with the purposes of the AS5oci.!ltlon as defined in Article I, Section 2, and indicates his will1neness to cOOp5rate actively in achieving these purposes. Section.3. . The responsibilities or voting munbers shall bea a. to help actively in achieving th9p1I"pOse or the oreunization} b~ to co~17 with the fliP~clal and other mccbership requ1r~ents} c. to vote and, it eligible and elected, to hold office} d. to repr-35cnt. the A3:3oclatlon in the llational CoW1CU or Ar~a conv~ntlon3, if and ~hen duly authorized ~,d~r tho stated roqulre::.e.,ta of :::uch r,::prc5L'ntatl:m. " Section 1. .loR nCLK IV Management '!he Management ot the Association shall be vested in & B:>ard ot Directors constituted 8S tollowsl twenty-four (24) persons elected tor three year terms by' the entire board and one (1) person elected annually . . by each Bt-ancb fuard of Ma.nagenent, from a:!lOng its voting member:s. Each Director must possess the qualifications tor voting membership in the AS3ociation. a. 1lle ihard of Directors shall have and exercise all. t.he powers necessary to control the work and policY of the - . Association in all its details, including the appoint:r.ent ot standing and special co~~ttee8. No contract, debt or obligation shall be binding unless contracted lmder . authority of the Board. b. !ranch B:>ards of Mariagement shall be under the control and direction of the 3::mrdo! Directors as defined in the lV-laws and the Branch Opera tlons PollcT. c. The !bard or Directors sha.1l have the pqYfE'r to tUl., for the unaxpired tere'.s. all vacancies occurring in their number between a..nnuaJ. elections. They shall have authority to :make By-laws for the government of the Association, not inconsistent "With this Constitution. Section 2. The officers of the Ihard of Directors shall be a President, . two Vice-Pres j,dent s , a Recording SecretaI""J, an Assistant Recording Secretary, a Treasurer &.""ld an Assista...1'lt Treasurer. chosen from their O\'.'n number, as provided for in the 3:r-1a~s. These shall also be the officers or the Associat.ion. ARTICLE V MeetinG3 ot the Association Section 1. There shall be an annual tleeti."1g of the Association '\\1.thin ninety days atter the close ot the fiscal year, at lo.'hich time the Ibard ot Directors ahall report to tho cc:nbership upon the statuS of the Association. Notice of this meeting shaD. bo given to all voting members by publication or b1' J:lllU at least t"o \le~b, in adva."l~o~ . - :3 - ~ .. - ,..~. ..._ _._ .___.._...._._.______ .,__._._ __0_."-" __,_ .______-.___ . _.._--- - -..-......-.------.--.---..---.. ----.- - .-- ._,"..-- -- .--- .-.--.. Section 2. The Assooiation may hold such other meetingS ot the Association or of member groups as rDJJ.7 be provided for :in its By-laws. Section 3. 3pcc1a1 meotings or tho Association r:.ay be called by the President or by order or the fuard ot Directors. Or, upon the written request ot five per cant of the voting !neI.'lber3hip or the Association, the President or the Recording Secrqtar,y ehAll call & meeting, specifying the object, 'j.,nich shAll be incorporated in the notice, and. which shall be posted conspicuously in the Association building for at 1esst ten d&ys preceding the meeting. A notice ot such meeting ~hall also be malled to every voting member at lea at ten days in advance of ths meeting. lIo rosiness shall be transacted at such meeting except that for which the ca.1.l 1s issued. Section 4. Fifty (50) ot the vot1n.g members shall constitute & quorum at Rl'lY meeting of the members of this Association called for the purpose of fo~at1ng or changing the policies ot the Association. Section 5. A. written record of the attendance and business transacted at a.l.l regular and special meetings of the Association shall be maintained and filed .ith the clnutes or the 90ard of Directorse ARTICLE VI Amerments Section 1. '1h1s Constitution may be amended by'vote of two-thirds of the voting meobers present at a.r1Y regularly constituted meeting of the Association, provided such amendment shalJ.. have been submitt~ by the !hard of Directors and posted conspicuously in the Association buildings for at least two weeks prior to th~ meeting. AItTICLE VII A::1ended Cha.rter shall be the Constitution This an:ended charter, together with tho original charter granted on April 6, 1916, and Clended on }X.arch 30, 1926, comprises the entire Constitution . of The Young Men's Christian AS5ociation of Gro<:lter Mi~-d, noride.. In the ovent or any conflict therein, the amended charter apFroved b,y the corporation on October 22, 1957 shall in all reispects control end provaU. -4- This amended charter, approved on October 22, 1957, shall be the Constitution or The Young Men'. Christian Association or Greater K1ar~, Florida. The undersigned Officors ot TIlE I'JUl'iG Y'u:ll'S CltU5'!'IAN .AS30CliiTION or GnzATE..=t .a1..1.o:, (FLJaID.\) hereby cerlii7 that the above Resolution and A.r:ended Charter was du.ly adopted by the Directors and members present at a sp~c1al meeting duly called tor that purpose October 22, 1957, and have hereunto a.ifixed their ha..t1ds and. the corporate seal ot said Corporation this dq ot . 1957 _THE_IDUNG M&'l'S ClLUSTIAN ASSOCIATION OF GR.EAn~ MIAMI, (fLORIDA) LV President . (Corporate Seal.) Att.est: Treasurer I the undersigned Circuit Judge or the Eleventh Judicial Circuit of the State or Florida, in and tor Dade County, 00 IEP.sbY Ct..~TIFY that the _ -'- foregoing Amended Charter of THE YOUNG MLN'S CHaISTIAN ASSOCFTION OF GRLATER MIAMI.. (FlORIDA), a Corporation not for profit, has been presented to me, and as provided in Chapter 617.02, Florida Statutes, 1949, I do hereb,y approve said ~cnded Charter and have endorsed this ~ approval hereon. OONZ in Cr~bera at I~,3..."1i, Dade Cvunt.,y, florida, this ( . day or I , f 1957. Circuit Judge - s - ~ ',;:;.1j~.:~~,,~~~i~:;?-i~i)); wt:j;" ,;~~" .;;...~;,;., .., " ;:.:~:~; f;:,;~'~;-j:,~ ,"-"' .