1st Amendment 05/18/2016AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MONROE CWIRY, FLORA
DATE: June 23, 2016
TO: Doug Sposito, Director
Project Management
ATTN: Chris Rivera, Project Manager -2
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller
At the May 18, 2016 Board of County Commissioner's meeting the Board granted approval and
execution of the following Item S 1 Approval of Amendment to Management Agreement with The
Young Men's Christian Association of South Florida, Inc. (YMCA) to remove the Key Largo
Community Park -Skate and Bike Park facility from contractual scope of management, supervision,
operation and direction services
Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any
questions, please feel free to contact our office.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 -295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 851 -7146
AMENDMENT TO MANAGEMENT AGREEMENT
FOR KEY LARGO COMMUNITY PARK AND SKATE PARK DATED
NOVEMBER 20, 2012
This AmOldment to Manageineiit Agrucmerit dated November 20, 2012 ( "Agreeincni ")
between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida
( "County "), and THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH
FLORIDA, INC. ( "YMCA "), for the management, operation and provision of
programming at the Key Lar o ommunity Park and Skate Park ( "Key Largo Park "), is
made and entered into this I day of 2016, between the parties for
purposes of amending the Agreement, as follows:
WITNESSETH
In consideration of the covenants and conditions set forth herein, this Amendment shall
revise the Agreement between the County and the YMCA as follows:
WHEREAS, on November 20, 2012, the Parties entered into the Agreement for the
YMCA to serve as contractor to provide management, supervision, direction, and
operation services over recreational programs and facilities, including the Skate Park
facility, at the Key Largo Park, including the Skate Park; and
WHEREAS, pursuant to section # 8.C. of the Agreement, at the time of entering into the
Agreement the Parties contemplated that in the future bicycles may be allowed to be used
in the Skate Park and that the Agreement would be amended to include use of bicycles
and to require the YMCA to provide supervision and management services for such
bicycle inclusion at the facility; and
WHEREAS, the County has passed and adopted a Resolution that alters Resolution No.
239 -2006 and which has renamed the Skate Park facility at Key Largo Park as "Skate and
Bike Park ", and which ratifies and promulgates new rules and regulations authorizing and
guiding use or participation in skateboarding, in -line skating, and freestyle bicycling in
the Skate and Bike Park that must be posted at the Skate and Bike Park; and
WHEREAS, the County has passed an Ordinance which authorizes use of freestyle
bicycles in the Skate and Bike Park at Key Largo Park, and amended Section 18- 27(n)(1)
and (n)(2) of the Monroe County Code of Ordinances, accordingly, and
WHEREAS, pursuant to section 316.0085, F.S., the County enjoys statutory immunity
from liability for personal injury and property damages to participants and spectators
caused by or related to its authorizing skateboarding, in -line skating, and freestyle
bicycling activities at the designated Skate and Bike Park; and
WHEREAS, the YMCA, as a non - governmental entity, is not provided statutory
immunity related to those activities at the Skate and Bike Park, and it is unable to obtain
sufficient insurance coverage for the management, supervision, direction, and operation
of those activities; and
Page 1 of 3
WHEREAS, the Parties have agreed that the YMCA would no longer be responsible for
the management, supervision, direction, or operation of the Skate and Bike Park at the
Key Largo Park, as originally contemplated between the Parties and in the Agreement,
and
WHEREAS, in accordance with Florida Law, the County will assume and be solely
responsible for operation and management and the posting of new rules and regulations
and permissible activities in the Skate and Bike Park at the Key Largo Park; and
NOW THEREFORE, in consideration of the mutual promises contained herein, the
County and YMCA hereby agree that the Agreement dated November 20, 2012, shall be
amended as follows:
Section 8. SKATE PARK shall be amended and revised as follows:
(A) The CONTRACTOR YMCA is not responsible for the management, supervision,
direction, or operation of the Skate and Bike Park. The CONTRACTOR YMCA is not
required to carry liability insurance which provides insurance coverage to the YMCA for
the Skate and Bike Park facility or activities. The COUNTY shall be solely responsible
for management and operation of, and the posting of new rules and regulations and
permissible activities at, the Skate and Bike Park.
(B) Part B is deleted entirely.
(C) Part C is deleted entirely.
2. Section 23. INSURANCE shall be amended and revised as follows:
Prior to the CONTRACTOR taking possession of the property owned by the COUNTY,
or commencing its operations, the CONTRACTOR shall obtain, at its own expense,
insurance as follows:
a. General Liability Insurance. Coverage shall be maintained throughout the term of
the Agreement and include, as a minimum:
Premises Operations.
Products and Completed Operations.
Blanket Contractual Liability.
The remaining portions of Section 23 remain unchanged.
All other terms and conditions of the Management Agreement dated November 20,
2012, not inconsistent herewith or changed by this Amendment shall remain in full
force and effect and apply to this Amendment.
Page 2 of 3
IN WITNESS WHEREOF, each party caused this Amendment to the Agreement to be
executed by its duly authorized representative.
Witness
HEAVILIN CPA, CLERK
VW 62&&
Dqouty Clerk I„ _a 3 it,
Printed name of witness 1
Witness
Printed name of Witness 2
BOARD OF C T COMMISSIONERS
OF MONRO �
By:
May Chairman
Date: 0 - a13-1(,o
oung Me 's Christian
outh lorida,
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ranted name: M A \p'VC_
Title: N , 'DI � cA
Date:
MONROE COUNTY ATTORNEY
A PROVED AS TO FORM
.ti
CHRIS AMBROSIO
ASSISTANT COUNTY A / TT R NFY
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►�! CERTIFICATE OF LIABILITY INSURANCE
5/4/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER NAME 1, Cheryl Rust
Brown & Bro of Florida, Inc. P U - (305) 247 -5121 A"C N : (305)248 -8543
dba T.R. Jones & Co. EJ4AIL
A SS•
O crust @bbinsfl.com
1780 N Krome Ave INSURERS AFFORDING COVERAGE NAIC0
Homestead FL 33030 INSuRERA.United States Fire Insurance 21113
INSURED INSURERB:RetailFirst Insurance Company 10700
YMCA of South Florida, Inc INSURER C
900 BE 3rd Ave INSURERO:
IFt. Lauderdale FL 33316
rnV1:0Ar_FC CERTIFICATE NUMBER:16 /17
Prof REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
R TYPE OF INSURANCE I POLICY NUMBER MM ICY EFF 1 POLIC O Y EXP
TR
LIMITS
X COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE S 1,000,000
A ' CLAIMS-MADE a OCCUR
DAMAGE TO RENTED
MIS oav ce $ 1,000,000
' X 506- 884531 -5 3131/2016 3/31/2017
MED EXP (Any one persm) $ 51000
PERSONAL& ADV INJURY S 1,000,000
GENL AGGREGATE LIMIT APPLIES PER
GENERAL AGGREGATE S 3,000,000
X POLICY 0 JECT El LOC
PRODUCTS - COMP/OP AGG S 1,000,000
Corporal Punishment Is Included
O THER.
AUTOMOBILE LIABILITY
Ea COM BINED S LIMIT
$ 1,000,000
BODILY INJURY (Per person)
$
X
A
ANY AUTO
BODILY INJURY IPer accident)
$
ALL OWNED SCHEDULED
X
506 - 884531 -5
3/31/2016
3/31/2017
AUTOS AUTOS
DAMAGE
P r acciden
$
X HIRED AUTOS X AAUTOOSSWNED
Uninsured rrotorist combined
S 1,000,000
UMBRELLA LIAR I
X
I OCCUR
EACH OCCURRENCE
S 15.00 .000
X
AGGREGATE
S 1 5.000,000
i s
A
EXCESS UAB
CLAIMS -MADE
1
1 5021049016
DED X I RETENTIONS 0
3/31/2016
3/31/2017
WORKERS COMPENSATION
X S PER ATARE RH
AND EMPLOYERS' LIABIUTY
N�
ANY PROPRIETORMARTNERlEX cunVE Y
E.L. EACH ACCIDENT
S 500,000
_
E.L DISEASE - EA EMPLOYE
S S00,000
B
OFFICERIMEMBER EXCLUDED? 1__f
{Myyaeenssdatory In NH)
NIA
0520 - 12191-0
5/19/2016
5/19/2017
E.L. DISEASE • POLICY LIMIT
S 500.000
OEWRIPTION O O below
DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES (ACORO 101, Additional Remarks Schedule, may be attached If more apace Is required)
Certificate holder included as additional insured as respects general liability where required by written
contract. This form is subject to policy terms, conditions, and exclusions.
a
EMENT
B' v
WANE NJ
C[ TI
Monroe County Board of County
Commissioners
1100 Simonton Street
Key West, EL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Jones Jr. /CH
WJUDa -ZU A1.UKU L UKrurVilIUIY. FUl ngms leservlra.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
INS025 (201401)