1st Renewal 10/17/2001
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FWRlDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DATE:
April 9, 2002
TO:
Dent Pierce, Director
Public Works Division
FROM:
Beth Leto, Administrative Assistant
Public Works Division
Pamela G. Hanc~
Deputy Clerk [JJ
ATTN:
At the October 17, 2001, Board of County Commissioners meeting the Board granted
approval and authorized execution of a Renewal of Management Agreement between Monroe
County and Upper Keys Family YMCA for management of the Key Largo Community Park.
Enclosed is a copy of the Renewal Agreement, which was just received by our office, for your
handling.
At the March 20, 2002, Board of County Commissioners meeting the Board granted
approval and authorized execution of a Standard Form of Agreement between Monroe County
and Bee Brothers Development, Inc. in the amount of $60,280.00 for the Animal Shelter Sewer
Collection System and Drainage. Enclosed is a duplicate original of the Agreement for your
handling.
Should you have any questions please do not hesitate to contact this office.
Cc: County Administrator w/o documents
County Attorney
Finance
File v
RENEWAL OF
MANAGEMENT AGREEMENT
Thi~ renewal of management agreement is made and entered into this J 1-th day
of 0 (,1-0 hef 2001, by and between MONROE COUNTY, FLORIDA, a political
subdivision of the State of Florida, hereinafter COUNTY, and the UPPER KEYS FAMILY
YMCA, a branch of the YMCA of Greater Miami Association, hereinafter YMCA, in order to
renew and amend that certain management agreement enter into between the parties on
February 16, 2000, as follows:
WITNESSETH:
WHEREAS, YMCA is a not-for-profit corporation established for the provision of
activities for the healthy development of all persons' spirit, mind and body; and
WHEREAS, YMCA provides such activities in a wholesome, alcohol-free and drug-
free environment for all people in Monroe County; and
WHEREAS, it is a legitimate public purpose to provide facilities and services for
recreational use and social functions of the community in a wholesome environment free
from drugs and alcohol;
NOW, THEREFORE, in consideration of the covenants hereinafter to be kept and
preformed, the COUNTY hereby agrees to renew and amend the management agreement
with the YMCA to manage and schedule recreational activities at that certain property
described as follows:
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1. PREMISES. Lots 312 to 384, Port Largo Fourth Addition, Section 33, Township
61 S, Range 39E, Monroe County, Florida. This parcel contains 615,623 square feet and is
known as the Key Largo Community Park (hereinafter PARK).
2. TERM. The term of this management agreement shall be for one (1) year,
commencing May 15, 2001, and shall be terminate on May 14, 2002, unless extended
pursuant to the terms of this agreement.
3. EXTENSIONS. This management agreement may be extended for one (1)
additional period of one year if YMCA provides to the COUNTY written notification of
YMCA's intent to extend the management agreement at least thirty (30) days prior to the
expiration of the management agreement. Such extension is not available, however, if the
COUNTY has provided to YMCA written notification of its intent not to consent to an
extension at least sixty (60) days prior to the expiration date of this management
agreement.
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 alcoholic beverages or unlawful narcotics being possessed, used or consumed
by persons on the premises, they will immediately contact the Public Works representative
listed in Section 31 of this agreement and the Sheriffs Department.
5. HOURS OF OPERATION. PARK hours of operation are established by the Board
of County Commissioners of Monroe County, Florida, and are currently set from 7:00 a.m.
to 8:30 p.m., seven days per week, 365 days per year. All YMCA programs will take place
during the hours of operation of the PARK, except for the following holidays: (New Year's
Day, Easter Sunday, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day
and Christmas Day.
6. SCHEDULING OF ACTIVITES. YMCA will schedule all PARK activities and
requests for use of or events at the PARK Except during league play, YMCA agrees to
leave one basketball court, one baseball field and two tennis courts (at least one lighted
tennis court) open for use by the general community. The YMCA will be exempt from
liability for incidents not directly related to YMCA scheduled activiti~s and/or events.
Further, YMCA agrees to allow the COUNTY the precedence of scheduling authorized
activities or events, no more than ten (10) times in a calendar year, at the PARK The
COUNTY will notify YMCA of the events or activities, but YMCA will be exempt from
liability for said events.
7. FEES AND PROGRAMS. YMCA will schedule all youth baseball and soccer
leagues; however, such leagues are exempt from paying any YMCA fees. No participant
will ever be tumed away from the YMCA's programs. YMCA agrees to offer programs at
reasonable rates and to allow all persons into their programs regardless of their ability to
pay. Rates are as follows: .
Youths Sports Leagues: $60.00
Tennis Lessons: $73.00
Adult League rates will vary depending upon the sport and the length of league play.
The YMCA. may add additional programs, upon written request to the County
Administrator, who may temporarily approve the new programs, pending approval of a
formal, written amendment to this management agreement by the Board of County
Commissioners.
8. CONCESSION STAND. The YMCA shalf 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.
9. PARK REVENUES. 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. 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.
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 with the press box. YMCA will be responsible for all furnishings, equipment, and
telephone charges associated with this office space.
11. UTILITIES. The COUNTY will be responsible for all utilities charges associated
with the PARK, with the exception of telephone service for the YMCA office located in the
press box.
12. SIGNAGE. YMCA is 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 PARKformileage.
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 on site, they will
immediately contact the Public Works representative indicated in Section 31 of this
agreement.
16. FUNDRAISING. All fundraising and fees charged in connection with the PARK
shall only be used to benefit the PARK. The YMCA will be responsible for the collection of
the above-mentioned fundraising and fees. In addition, YMCA will decide upon the
appropriate disbursements and allocation of these funds.
17. ACCOUNTINGIINSPECTION OF BOOKS/ANNUAL AUDIT. The YMCA shall
maintain its financial records in accordance with generally accepted accounting principles
and allow the COUNTY to inspect its books and records at any reasonable time. YMCA
shall, at its expense, provide the COUNTY with an annual audit prepared by an
Independent Certified Public Accountant. YMCA shall retain all records pertaining to this
management agreement for a period of three years after the term expires.
18. CANC€LLATIONS. 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.
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20. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the
YMCA is an independent contractor and not an employee of the Monroe COl,Jnty Board of
County Commissioners. No statement contained in this management agreement shall be
construed so as to find YMCA or any of its employees, contractors, servants or agents to
be employees of the Board of County Commissioners.
21. INDEMNIFICATION AND HOLD HARMLESS. YMCA covenants and agrees to
indemnify and hold harmless Monroe County Board of County Commissioners from any
and all claims for bodily injury (including death), personal injury, and property damages
(including property owned by Monroe County) and any other losses, damages, and
expenses (including attorney's fees) which arise out 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 YMCA's insurance shall not be construed as relieving
YMCA from any liability or obligation assumed under this management agreement or
imposed by law.
The Monroe County Board of County Commissioners will be included as "Additionally
Insured" on all policies, including the policies of all organizations utilizing the PARK for
scheduled pKlgrams. The COUNTY will also be named as "Loss Payee" with respect to
Fire Legal Exposure.
Any deviations from these General Insurance Requirements must be requested in writing
on the COUNTY prepared form entitled "Request for Waiver of Insurance Requirements"
and approved by Monroe County Risk Management.
23. COMPLIANCE WITH LAW. In providing all services pursuant to this management
agreement, YMCA shall abide by all statutes, ordinances, and rules and regulations
pertaining to or regulating the provisions of such services, including those in effect and
those hereinafter adopted. Any violation of said statutes, ordinances or rules and
regulations shall constitute a material breach of this management agreement and shall
entitle the COUNTY to terminate this management agreement immediately upon delivery
of written notice of termination to YMCA, and the COUNTY may thereupon re-enter the
premises.
24. PROFESSIONAL RESPONSIBILITY/LICENSING/ARTICLES OF INCORPORA-
TION. 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
managemenf 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 thaf.
a) YMCA's 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
Monroe County Public Works
5100 College Road
Key West, Florida 33040
FOR YMCA
YMCA of Greater Miami, Inc.
1320 South Dixie Highway, Suite 120
Coral Gables, Florida 33146
30. CONTACT PERSONS. The following, or their designees, are the contact persons
in connection with this management agreement:
FOR COUNTY
Building Administrator
Dan Fonte
Office Phone: 852-7161
FOR YMCA
Executive Director - Upper Keys YMCA
or 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.
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
eding breach, either of the same condition or covenants or otherwise.
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I;/,,\\J~ )';;,.,;, WITNESS WHEREOF, the parties hereto have set their hands and seals on the
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By:G~~
D uty Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE OUNTY, FLORIDA
By:
Mayor/Chairman
Witnesses: .'
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19% Edition
~ONROE COUNTY, FLORIDA '.
RISK MANAGEMENT .
. POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
. MANUAL
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Indemnification and Hold Harmless
for
Other Contractors and Subcontractors
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The Contractor covenants and agrees to indemnify and hold hannless Monroe County Board of
County Conunissioners 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 attorneys fees) which arise out ot: 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 evenf the completion ofthe project (to include the work of others) is delayed or suspended
as a result elf the Contractors failure to purchase or maintain the required insurance, the .
Contractor shall indemnify the County from any and all increas((d expenses resulting from sucn
delay. .. I
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.
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Adniliuslr3liort Instruction
64709.3
96
19% Etlilioll
GENERAL LIr\.BILITI.'
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MO'NROE 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 minimuiI1.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 Occurr~ce Fonn policy is preferr~d. 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 rep01;ted should .extend for a minimum of twelve
(12) months following the acceptapce 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.
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AdoUniSlralion Instruction
'4709.3
48
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VEHICLE LIABILITY
INSURANCE REQUIREMENTS
. FOR
CONTRACT
BETWEEN
MON'ROE COUNTY, FLOIUDA
AND
Recognizing that the work governed by this contract requires the use of vehicles. the Contractor.
prior to the commencement of work, shall obtainVehicle 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 minimuJIllimits acceptable shall be: .
I
$lod.oo.o Combined Single Limit (CSL)
. : i
If split limits are provided. the miriimum limits acceptable shalll)e:
$ 50.000 per Person . .
$100.000 per Occurrence
$ 25.000 Property Damage
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The Monrox County Board of County Conunissioners shall be named as Additional Insured on all
policies issu~d to satisfy the above requirements. .' .
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AdminiSllll\ian msU'Uclion
64709.3
so,
19% ~uilion
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 Insunmce with limits of not less than:
$100.000 Bo'dily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$10q,OOO Bodily Injury by Disease, each employee
,
Coverage shall be maintained throughout the entire tenn of the contract.
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Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida. .
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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 Aut~orization issued by the Department of Labor and a Certificate
ofInsuranc~ providing details on the Contractors ~xcess Insurance Program.
Ifthe Contractor participates in a self.;insurance fund. a Certifi~ate of Insurance will be required.
In addition. the Contractor may be required to submit update~ financial sta.tementS from the fund
upon request.;from the County. ..',
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AdrninislIillion Instruclion
'4709.3
87