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11/20/2012 AgreementDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: December 10, 2012 TO: Dent Pierce, Director Public Works Division ATTN. Beth Leto, Assistant Director Public Works Division FROM: Pamela G. Hanc ck, .C. At the November 20, 2012, Board of County Commissioner's meeting, the Board granted approval and authorized execution of Item F32 a new Management Agreement with the YMCA of Greater Miami, Inc. for management and operation of the Key Largo Community Park and Skate Park. Enclosed is a copy of the above - mentioned for your handling. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney Finance File ✓ MANAGEMENT AGREEMENT (Key Largo Community Park & Skate Park) This Management Agreement ( "Agreement ") is made and entered into as of November 20, 2012, by and between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, (hereinafter, "COUNTY), and The Young Men's Christian Association of Greater Miami, Inc., (hereinafter, "CONTRACTOR "), for management, operation and provision of programming at the Key Largo Community Park and Skate Park, as follows: WITNESSETH: WHEREAS, the site of the Key Largo Community Park was obtained through a grant from the Florida Communities Trust for the purposes of providing recreational and open space opportunities for present and future residents and visitors; and WHEREAS, the Florida Communities Trust grant agreement requires the property to be used for public outdoor recreation and protection/enhancement of natural resources; 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; and WHEREAS, the COUNTY and CONTRACTOR entered into a management agreement on February 16, 2000, which agreement is currently on a month -to -month basis; and WHEREAS, both parties desire to enter into a new long -term agreement, further defining the rights and responsibilities of each; and WHEREAS, the parties desire to further set forth in this Agreement (in Section 9 regarding the "Settlement Amount ") their mutual understandings and agreements regarding the resolution of the County's auditors' findings following the auditors' review of CONTRACTOR's records relating to the Park. NOW, THEREFORE, in consideration of the covenants hereinafter to be kept and preformed, the COUNTY and the CONTRACTOR agree that the CONTRACTOR shall manage and schedule recreational activities at that certain property described as follows: 1. PREMISES. 500 St. Croix Place, Key Largo, Florida (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 and Skate Park (hereinafter, the "PARK "). 2. TERM. The term of this management agreement shall be for five (5) years, commencing November 1, 2012, and shall continue from year to year unless specifically cancelled by either party by providing at least 60 days prior written notice to the other party of its election to cancel, subject to paragraph 19 of this agreement. 3. USE OF PREMISES. The PARK shall be actively used to provide recreational programs for the Upper Keys area. The COUNTY hereby enters into this management agreement with CONTRACTOR to manage, direct and operate said recreational programs. During operating hours, the CONTRACTOR will be held responsible for reasonable supervision of the Park. If the CONTRACTOR observes any activity which it reasonably believes to be a nuisance or an illegal activity, including alcoholic beverages or unlawful narcotics being possessed, used or consumed by persons on the premises, the CONTRACTOR will promptly contact the Public Works representative listed in Section 30 of this agreement and the Monroe County Sheriffs Office, either of which shall then take steps, if appropriate, to address such nuisance or illegal activity. 4. HOURS OF OPERATION. The COUNTY is responsible for opening and closing the PARK. 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 CONTRACTOR programs will take place during the hours of operation of the PARK, except for the following holidays: New Year's Eve, New Year's Day, Easter Sunday, Memorial Day, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day. 5. SCHEDULING OF ACTIVITIES. CONTRACTOR shall have the first right to use the PARK for its regularly scheduled programming; provided, however, that the COUNTY and CONTRACTOR shall cooperate in good faith to agree upon the schedule for league usage, which shall be substantially similar to historic usage by other the leagues at the Park (such leagues or similar replacement leagues, "Leagues "). All other use of the PARK shall be handled on a first come, first serve basis; provided, however, that CONTRACTOR 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, except that during a League's season, during which time the CONTRACTOR may fully utilize all fields and/or courts for the activities of the given League. CONTRACTOR shall have ultimate discretion in determining scheduling for all PARK activities and requests for use of or events at the PARK. Notwithstanding other provisions of this Agreement to the Contrary (including Section 22), the CONTRACTOR will be exempt from any liability for any incidents not directly related to CONTRACTOR's programming and/or events, unless due to its negligence or omission in connection with its responsibilities under this Agreement. During times that are not scheduled for the CONTRACTOR's programming, the CONTRACTOR agrees to allow the COUNTY the right to take precedence in scheduling authorized activities or events, no more than ten (10) days in a calendar year, at the PARK; provided, however, that the COUNTY will provide at least 10 calendar days notice to CONTRACTOR of such preempting events or activities, and CONTRACTOR will be exempt from liability for said events, unless caused by CONTRACTOR'S negligence or omission. CONTRACTOR shall, as a condition to scheduling and permitting usage of the PARK, require parties requesting such usage to satisfactorily complete and return to the CONTRACTOR (a) each document, instrument and/or agreement required by the COUNTY, as provided in Exhibit C, attached hereto; and (b) the CONTRACTOR's Use of Facility Contract, in substantially the form and substance attached hereto as Exhibit D, as may be revised by the CONTRACTOR from time to time. In addition, the CONTRACTOR may establish eligibility requirements for usage of the PARK (such as residency, medical condition, age, background checks, the COUNTY'S required documents, instruments and agreements, CONTRACTOR's standard waiver and release, etc.), which rules shall be submitted to the COUNTY for approval. 6. FEES AND PROGRAMS. Without limiting Section 5, CONTRACTOR will have overall scheduling oversight of all youth baseball and soccer leagues to ensure that no Leagues overlap; however, such Leagues are exempt from paying any CONTRACTOR fees but shall instead pay the fees specified below. No participant will ever be turned away from the CONTRACTOR'S programs unless such participant fails to pay the applicable fees for such 2 program, fails to meet program eligibility and participation requirements and rules and/or engages in conduct which the CONTRACTOR deems to be a violation of park rules promulgated or established from time to time. The CONTRACTOR agrees to offer programs at reasonable rates and to allow all persons into their programs as long as they pay the required fees, comply with applicable eligibility requirements and otherwise do not engage in conduct which the CONTRACTOR deems to be a violation of park rules promulgated or established from time to time. If the CONTRACTOR adjusts the rates, then the CONTRACTOR shall provide the COUNTY with notice thereof. The CONTRACTOR'S current rates are as set forth in Exhibit E. The CONTRACTOR may add additional programming at the Park from time to time, with the consent of the COUNTY, not to be unreasonable refused, delayed or conditioned. 7. CONCESSION STAND. The CONTRACTOR 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 may include typical concession items, but shall also provide for an alternative for healthy foods, drinks, real juice products, bottled water and snacks. All concession items must be sold at prices reasonably comparable to similar items at other like concessions in the surrounding area. No items may be sold in glass containers. The COUNTY acknowledges that the CONTRACTOR has no liability or obligation with respect to any of the acts or omissions of any organization, other than CONTRACTOR, that is permitted to utilize the concession stand (such organization, an "Other Organization "). Moreover, the CONTRACTOR shall have no oversight responsibility with respect to revenues generated by any Other Organizations in connection with its operation of the concession. The COUNTY agrees that the CONTRACTOR may install and maintain at the concession separate storage and locking mechanisms to secure CONTRACTOR's product and other property at the concession facility and, furthermore, agrees to reasonably cooperate with the CONTRACTOR to enable the CONTRACTOR to effectively separate its product, property and business from that of the Other Organizations at the concession stand. The CONTRACTOR will furnish all reasonably necessary equipment and furnishings needed for its (and not other organizations) operation of the concession stand, and upon termination of this Agreement, all such equipment and furnishings will become or remain, as applicable, the property of the CONTRACTOR. The COUNTY has installed all electrical wiring and plumbing needed to allow CONTRACTOR to have the concession equipment properly installed. In the event that CONTRACTOR desires to subcontract its operation of the concession stand to a third party, the CONTRACTOR shall provide sixty (60) days prior written notice and information, to the COUNTY and Florida Communities Trust ( "FCT "), regarding operation of any concession by such third party other than the CONTRACTOR. Documentation of revenues from all sales from the Contractor's (and not any Other Organization's operation) concession stand shall be provided to the COUNTY, along with documentation that shows the use of Net Revenues services, programs, activities at the Park, or improvements to the Park on a combined basis with the CONTRACTOR's accounting and reporting requirements pursuant to Section 9, below. Memoranda of Agreement or language added to the COUNTY'S Facilities Use Form shall be used to require similar account by any third party subcontractors of the CONTRACTOR. If such third party subcontractor has otherwise been approved to operate the concession stand and time constraints do not allow for 60 days notice prior to beginning the operation of the concession, then the third party subcontractor may proceed with operations, but the operation is subject to FCT access to additional information as requested. 8. SKATE PARK. 3 A. On June 21, 2006, COUNTY approved Resolution No. 239 -2006, adopting rules and regulations governing the use of the Key Largo Skate Park, and the CONTRACTOR shall manage and operate the Skate Park in accordance with said rules and regulations, as same may be amended from time to time (Resolution No. 239 -2006 is attached to this Agreement and marked Exhibit F). The CONTRACTOR shall carry liability insurance which covers skate park operations and shall name Monroe County as an additional insured for such coverage per Section 23 of this agreement. B. The Skate Park shall open at 10:00 a.m. each day, other than New Year's Eve, New Year's Day, Easter Sunday, Memorial Day, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day, and shall remain open as follows: Until 6:00 p.m.: November, December, and January; Until 6:30 p.m.: February; Until 7:00 p.m.: March, April and October; Until 8:00 p.m.: May and September; Until 8:30 p.m.: June, July and August. C. At some time in the future, the County may include BMX bikes as an allowed activity at the Skate Park, and may have lighting installed at the Skate Park to allow it to remain open after dark. If these changes are made, this Agreement will be amended to include BMX bikes and additional operating hours as activities requiring supervision and management by the CONTRACTOR. 9. PARK REVENUES /CONCESSION REVENUES. All Net Revenue generated at the PARK site by the CONTRACTOR must be earmarked (the "Park Fund ") and used for Contractor's programming and activities at the park (e.g., scholarships for such programming and activities) and/or upkeep and park improvements at the Park. The CONTRACTOR shall provide the COUNTY on a quarterly basis with a statement showing the current balance, including documentation showing all Gross Revenue and Operating Expenses. Upon termination or expiration of this Agreement, the Net Revenue remaining in the Park Fund (which funds have not been applied to uses at the Park), with documentation provided of the application, shall be remitted to the COUNTY. All PARK revenue records and accounts must be kept according to generally accepted accounting principles and made available upon reasonable advance notice 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, after an auditor employed by the COUNTY or the State has conducted an audit, it is ultimately determined that revenue generated at the PARK was spent for a purpose or purposes not authorized by this contract, then, after complying with any applicable procedure of the State for appeal, the CONTRACTOR 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 upkeep and improvements. For purposes of this Agreement, the following capitalized terms will have the meanings set forth below: a. " Gross Revenue means all revenue actually received by the CONTRACTOR for admission and/or program fees at the Park, vending and concession sales, facility rentals and the like. Gross Revenue does not include grants or donations (which are separately addressed in Section 17 of this Agreement) or any revenue generated from programming or other activities which do not take place at the 4 Park or which is not received by the CONTRACTOR (e.g., league fees or concession sales collected by other organizations). b. " Net Revenue means Gross Revenue minus Operating Expenses. c. " Operating Expenses means all expenditures by the CONTRACTOR for the costs and expenses incurred by the CONTRACTOR in connection with the management, upkeep, maintenance, repairs, replacements, operation and provision of programming at the Park and the Park facilities, including without limitation: payments of insurance premiums, amounts not covered by insurance deductibles and settlement amounts; legal fees and costs and expenses; utilities; repairs and maintenance; equipment; supplies; salaries, wages, benefits and any associated taxes; travel; marketing and promotions; training; and any and all other items which are customarily considered to be "operating expenses ". In addition, "Operating Expenses" shall include a sum not to exceed eleven (11 %) percent of the Gross Revenues to compensate CONTRACTOR for its general administrative overhead (e.g., bookkeeping, payables and receivables, payroll, human resources, information technologies and marketing). Following an audit by the Clerk of Monroe County's auditors, the parties hereby stipulate and agree, for purposes of a settlement, that a sum totaling One Hundred and Thirty-three Thousand Nine Hundred and Thirty-four Dollars and Sixty -nine Cents ($133,934.69, such amount, the "Settlement Amount ") will be expended and/or utilized by the CONTRACTOR for additional CONTRACTOR programming and/or scholarships for CONTRACTOR programming and/or upkeep and improvements at the Park, or such other matters as the CONTRACTOR and the COUNTY may mutually agree. The parties agree that covenants in this Agreement in regard to the Settlement Amount are intended as a full and complete resolution and settlement of any and all accounting matters for periods prior to the effective date of this Agreement. The parties acknowledge that approximately one -fifth of the Settlement Amount (each, an "Annual Installment ") will be utilized and/or expended (as appropriate) in each calendar year during the initial five year term of this Agreement; provided, however that the parties agree that such amounts may fluctuate from one calendar year to the next so long as one hundred percent of the Settlement Amount is fully exhausted during the initial five year term of this Agreement. The Parties acknowledge and agree that $31,480.00 (the "Initial Reimbursement Amount ") of the Settlement Amount will be paid to the COUNTY as a reimbursement on or prior to February 1, 2013. As to the remaining balance of the Settlement Amount, the Parties must review and approve, using reasonable discretion, the uses of the Settlement Amount; provided, however, that it is acknowledged and agreed that seventy -five percent (75 %) of the remaining balance of the Settlement Amount may be used by the CONTRACTOR for programming and activities at the Park (including, scholarships) or upkeep and improvements, at the CONTRACTOR's discretion. The COUNTY may submit invoices to the CONTRACTOR for the COUNTY's portion of the Settlement Amount which amounts shall be paid as soon as reasonably practical. If the COUNTY seeks reimbursement from the Settlement Amount for any calendar year where the combination of the COUNTY's requested reimbursement (including any part of the Initial Reimbursement Amount) plus the amount of the CONTRACTOR's planned expenditures for any given year (as evidenced in any plan submitted to the COUNTY) would exceed an Annual Installment, then the CONTRACTOR shall have the right to defer payment of that portion of the COUNTY's requested reimbursement until the following calendar year. The CONTRACTOR shall provide the COUNTY on a quarterly basis with a statement showing the current account balance of the Settlement Amount and evidence that the funds, previously reviewed and approved by the parties, expended and/or utilized by the CONTRACTOR for programming (including scholarships) and/or upkeep and improvements at the Park were spent or utilized for the approved purpose. The method of accounting relating to the Settlement Amount should be in accordance with Generally Accepted Accounting Principles. In the event of a termination of this Agreement or funding prior to the end of the natural term, the parties acknowledge and agree that the following shall be applicable with respect to the balance of the Settlement Amount as of such termination: a) In the event that the COUNTY terminates this Agreement without cause pursuant to Section 2 or 19, the remaining balance of the Settlement Amount will paid to the County by not later than 5 years from the effective date of the termination. b) In the event that that CONTRACTOR terminates this agreement without cause pursuant to Section 2 or 19, the remaining balance of the Settlement Amount shall be paid to the County within 30 days of the effective date of such termination. c) In the event that the COUNTY terminates funding under this Agreement pursuant to Section 34, the CONTRACTOR shall have the right, but not the obligation, to provide programming at the Park without the funding contemplated pursuant to Section 10 in which case, the remaining balance of the Settlement Amount may be utilized by the CONTRACTOR to fund its operations at the Park; provided, however, that if the CONTRACTOR does not elect to continue providing programming at the Park, the CONTRACTOR shall pay to the County the remaining balance of the Settlement Funds within 30 days of the effective date of such termination. 10. CONTRACT AMOUNT. The COUNTY shall pay CONTRACTOR Eighty -five Thousand Five Hundred Dollars ($85,500.00) (the "Maximum Reimbursement ") per year on a reimbursement basis equal to 1/12 of this amount, or $7,125.00 per month. If a reimbursement request is less than the per month reimbursement amount of $7,125.00, the unused balance will be rolled over and available for future reimbursement request. The CONTRACTOR shall provide each reimbursement request to the Division of Public Works. The COUNTY shall only reimburse, subject to the Maximum Reimbursement in any given year, those reimbursable expenses which (a) are reviewed and approved as complying with Monroe County code of Ordinance, State laws and regulations and (b) in substantial compliance with the Expense Reimbursement requirements in Exhibit A. Evidence of payment by the CONTRACTOR shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Exhibit B. The CONTRACTOR's final invoice must be received within thirty (30) days after cancellation of this contract. The Maximum Reimbursement shall not be deemed Gross Revenue. After the Clerk of the COUNTY examines and approves the request for reimbursement, the COUNTY shall reimburse the CONTRACTOR, however, the total of said reimbursement expense payments in the aggregate sum shall not exceed the annual total amount of Eighty -five Thousand Five Hundred Dollars ($85,500.00) 6 11. OFFICE SPACE. The CONTRACTOR is permitted to set up an office and have telephone service established in the press box. The CONTRACTOR and COUNTY will mutually cooperate to provide for the CONTRACTOR's exclusive access to a sufficient portion of the press box to ensure that CONTRACTOR's confidential and sensitive documents are appropriately protected, and the CONTRACTOR shall not be required to allow use of such space by other entities. The CONTRACTOR will be responsible for all furnishings, equipment, and telephone charges associated with this office space. 12. UTILITIES. The COUNTY will be responsible for all regular utilities charges associated with the PARK facilities leased by the CONTRACTOR, with the exception of telephone service for the CONTRACTOR'S office located in the press box. 13. SIGNAGE. The CONTRACTOR is permitted to install signs and rules & regulations signs, upon COUNTY approval, contingent upon CONTRACTOR 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. 14. COMPLAINTS. The CONTRACTOR and THE COUNTY agree to work together in close communication concerning all grievances and complaints. CONTRACTOR shall inform COUNTY immediately of any incidents, accidents and calls to law enforcement. 15. IMPROVEMENTS. The COUNTY may remodel, renovate or reconstruct any buildings, structures or pavilions on the premises; provided that if such remodeling, renovation or reconstruction prevents or materially interferes with the CONTRACTOR'S use of its office provided for in Section 10, then the COUNTY, at its cost and expense, shall provide substantially comparable office space to the CONTRACTOR and shall relocate the CONTRACTOR. In addition, the COUNTY is responsible for all resurfacing and major work at the PARK. The CONTRACTOR may only make such improvements as are approved by both the COUNTY and the FCT in writing. 16. MAINTENANCE. Notwithstanding anything to the contrary, COUNTY staff will perform and be responsible for all maintenance, repairs and improvements of the buildings, fields, grounds and improvements at the PARK and will maintain and stock the bathrooms daily. Notwithstanding anything to the contrary, the COUNTY will accept any and all responsibility for accidents and incidents related to the maintenance and renovation of the facility, unless caused by CONTRACTOR'S negligence, and the CONTRACTOR will be exempt from any and all liability, cost or expense (including attorneys fees) related to the COUNTY'S maintenance of the facility. If the CONTRACTOR observes any conditions on site which it reasonably believes are dangerous, the CONTRACTOR shall promptly contact the Public Works representative indicated in Section 31 of this agreement. 17. FUNDRAISING. Any contributions or donations collected by the CONTRACTOR through fundraising events directly located at the PARK site shall be used solely for CONTRACTOR's programming and activities and/or maintenance, improvements and/or programming at the PARK. The CONTRACTOR will be responsible for the collection of the above - mentioned fundraising, but shall have no obligation to pursue any person for collection of bounced checks or other non - payment. The CONTRACTOR will decide upon the appropriate disbursements and allocation of these funds for maintenance, improvements and/or programming at the PARK but shall obtain COUNTY and FCT approval in writing before making any 7 improvements, and any audit by COUNTY or its agents which discloses improper application of such funds to any use other than for maintenance, improvements and/or programming at the PARK shall be repaid by the CONTRACTOR and the County will ensure that said funds be used solely for maintenance, improvements and/or programming at the PARK. Contributions and/or donations not related directly to events at the Park site shall not be deemed part of Gross Revenue. 18. ACCOUNTING /INSPECTION OF BOOKS /ANNUAL AUDIT. Except as expressly provided in this Agreement relating to the Settlement Amount, the CONTRACTOR 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 upon reasonable advance notice. The CONTRACTOR shall, at its expense, provide the COUNTY with an annual audit prepared by an Independent Certified Public Accountant. The CONTRACTOR shall retain all records pertaining to this management agreement for a period of four years after the term expires. 19. CANCELLATIONS. Either party hereto may cancel this management agreement with or without cause by giving the other party sixty (60) days written notice sent by certified mail of its election to do so. The COUNTY will not be obligated to pay for any services provided by CONTRACTOR after the effective date of termination, but shall remain liable after termination of this agreement for all services provided prior thereto (including, without limitation, those payments to be made in arrears under Section 10 and any reasonable termination payments made to the Park Manager and other staff. 20. RETURN OF PREMISES. At the end of the term of this management agreement or any extensions thereof, the CONTRACTOR shall vacate and peacefully surrender the premises to the COUNTY. 21. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the CONTRACTOR 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 the CONTRACTOR or any of its employees, contractors, servants or agents to be employees of the Board of County Commissioners. 22. INDEMNIFICATION AND HOLD HARMLESS. Except as otherwise provided within this agreement, the CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners, its officers, agents, servants and employees, from any and all claims for bodily injury (including death), personal injury, and property damages (including property owned by Monroe County), ordinary wear and tear excepted, and any other losses, damages, and expenses (including reasonable 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 that the service 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 above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere with this agreement. This provision shall survive the expiration or earlier termination of this agreement. s 23. INSURANCE. 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 • Personal Injury Liability • Expanded Definition of Property Damage (including Skate Park Liability Insurance) The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provision 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. b. Vehicle Liability Insurance. Recognizing that the work governed by this Agreement requires the use of vehicles, the CONTRACTOR, prior to commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contact and include, as a minimum, liability coverage for: • Owned, Non - Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. c. Workers' Compensation. Prior to commencement of work governed by this agreement, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. d. Employer's Liability Insurance. The CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 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 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 of 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. The CONTRACTOR shall maintain the required insurance throughout the entire term of this management agreement and any extension specified in any 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. The CONTRACTOR 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. CONTRACTOR shall use commercially reasonable efforts to ensure that 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 the CONTRACTOR'S insurance shall not be construed as relieving the CONTRACTOR 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 an "Additional Insured" on all policies including the policies of all organizations utilizing the PARK for 10 scheduled programs. Subject to review and agreement by the CONTRACTOR'S insurance carrier, 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. 24. COMPLIANCE WITH LAW. In providing all services pursuant to this management agreement, the CONTRACTOR shall abide by all applicable 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, resolutions or rules and regulations shall constitute a material breach of this management agreement and shall entitle the COUNTY to terminate this management agreement if such breach remains uncured thirty (30) days after delivery of written notice of termination to the CONTRACTOR, and the COUNTY may thereupon re -enter the premises. The CONTRACTOR shall also comply with all FCT requirements. In accordance with the grant contract between Monroe County and FCT, the CONTRACTOR shall provide sixty (60) days prior written notice and information to the COUNTY and FCT, regarding any sale or lease of any interest, operation of any concession, any sale or option to buy things attached to the site, the granting of any management contracts, and any use authorized by CONTRACTOR by any person other than in such person's capacity as a member of the general public. THIS DOES NOT GRANT CONTRACTOR THE AUTHORITY TO ENTER INTO ANY AGREEMENT REGARDING THE ABOVE, EXCEPT AS PROVIDED IN THIS Agreement. 25. PROFESSIONAL RESPONSIBILITY /LICENSING /ARTICLES OF INCORPORATION. The CONTRACTOR shall assure that all professionals employed or engaged by the CONTRACTOR have current licenses and credentials necessary, if any, to perform the respective services to be performed by such professionals at the PARK. Moreover, such professionals shall be covered by appropriate professional liability insurance coverage. Upon execution of this management agreement, the CONTRACTOR will provide the COUNTY with a copy of its Articles of Incorporation and a list of its Board of Directors. 26. CONTRACT DOCUMENTS, MODIFICATIONS AND AMENDMENTS. The contract documents include the Request for Proposals, the proposal by CONTRACTOR, and this Agreement. 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. In accordance with the grant contract between Monroe County and FCT, the CONTRACTOR shall provide sixty (60) days prior written notice and information to the FCT, regarding any and all modifications to this agreement or to any of the services provided. 27. NO ASSIGNMENT. The CONTRACTOR 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. Any assignment of this management agreement or sublease of the premises is subject to sixty (60) days prior written notice to both the COUNTY and notice and information to the FCT, with both entities having to agree to the assignment in writing before it can be effective. This management agreement shall be incorporated by reference into any 11 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. 28. NON - DISCRIMINATION. COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91- 616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.) as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note, as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 29. AUTHORIZED SIGNATORY. The signatory for the CONTRACTOR, below, certifies and warrants that: a) The CONTRACTOR'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 CONTRACTOR is authorized to do business in the State of Florida. b) He or she is empowered to act and contract for the CONTRACTOR. C) This management agreement shall been approved by the Board of Directors of the CONTRACTOR, if CONTRACTOR is a corporation. 30. NOTICE. Any notice required or permitted under this management agreement shall be in writing and hand - delivered, delivered by a courier service with overnight delivery and signed receipt, or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: FOR COUNTY Monroe County Public Works 1100 Simonton St., Rm. 2 -231 FOR CONTRACTOR Alfred Sanchez, CEO YMCA of Greater Miami 12 Key West, Florida 33040 and Monroe County Administrator 1100 Simonton St., Rm. 2 -205 Key West, FL 33040 FOR FCT Department of Environmental Protection Division of State Lands Florida Communities Trust 3800 Commonwealth Blvd. MS #115 Tallahassee, Florida 32399 730 NW 107 Ave., Suite 200 Miami, FL 33172 31. CONTACT PERSONS. The following, or their designees, are the contact persons in connection with this management agreement: FOR COUNTY Robert Glassmer, Building Administrator Office Phone: 305- 852 -7161 Cell Phone: 305- 797 -1466 If not available contact: Public Works Division Office Phone: 305- 292 -4560 FOR CONTRACTOR Steve Gimenez, COO 305- 357- 4000ext. 1113 or David Bodnar, CFO 305- 357 -4000 ext. 1112 or County Administrator's Office Office Phone: 305- 292 -4441 32. 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. This agreement is not subject to arbitration. 33. NON - WAIVER. Any waiver or any breach of covenants herein contained to be kept and performed by either party shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the other party from exercising any of its remedies under this agreement, at law or in equity for any succeeding breach, either of the same condition or covenants or otherwise. 34. FUNDING AVAILABILITY. In the event that funds are partially reduced or cannot be obtained or continued at a level sufficient to allow for the purchase of the services contemplated, then the Agreement may be terminated at the option of the COUNTY upon thirty (30) days advance written notice of termination being delivered in person or by mail to CONTRACTOR. The COUNTY will not be obligated to pay for any services provided by CONTRACTOR after the effective date of termination, but shall remain liable after such termination for all services provided prior thereto including, without limitation, those payments to be made in arrears under Section 10 and any reasonable termination payment made to the Park Manager and other staff. 13 35. PUBLIC ENTITIES CRIME STATEMENT. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract to provide goods or services to a public entity, may not submit a proposal on a contract with a public entity for construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (CATEGORY TWO: $25,000.00). 36. FORCE MAJEURE. If either party shall be delayed or hindered in, or prevented from, the performance of any work, service, or other act or obligation required under this agreement to be performed by such party and such delay or hindrance is due to a strike, lockout, or other labor difficulty, fire or other casualty, condemnation, war, terrorist or other enemy act, civil commotion, riot, insurrection, a tropical storm or hurricane watch, warning or evacuation, other atypically inclement weather (based on historical weather data), other act of God, the requirements of any local, state or federal law, rule or regulation or other cause of a like nature (other than financial) beyond the control of the party so delayed or hindered, then performance of such work, service or other act or obligation shall be excused for the period of such delay and the period for the performance of such work, service or other act or obligation shall be extended for a period equivalent to the period of such delay. (Signature Pages Follow) 14 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first written above. (SEAL) A•+. 4"v; I;, Attest: , CLERK By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: ayor /Chairman The Young Men's Christian Association of .Al dliTi , q #amaM W' e 2. WIft4-11' Vc Printed Name of Witness 2 MONROE COUNTY ATTORNEY APPROVED AS TO FORM: CHRISTINE M. LIMBERT- BARROWS ASSISTANT C ATTORNEY Date I �T`� _o N 0 M r N - n r M - 0 �v M 0 ::U CD )AV 0 V - Z 411d YeAJVS- osw �� .2 �L I�iM IIR i IIMIc � OfNce► POLICY FOR OPERATION OF CONCESSION STAND WITH ORGANIZATION As per the agreement between YMCA and Monroe County, the YMCA has the right to collaborate with organizations to operate the concession stand at the Key Largo Community Park, however the YMCA has the right of first refusal regarding operation of the concession stand. The organization must cooperate with the YMCA and comply with the following requirements before the authority to operate the concession is granted: 1) The organization must obtain permission to use the county property and fill out all documentation required, including but not limited to, request for use of county property form, hold harmless agreement form, and proof of insurance 2) The organization must execute an agreement with YMCA to provide (at a minimum): 15 Witnesses for YMCA a) a monthly or quarterly report showing an accounting of concession stand Net Revenue from the Key Largo Park. The organization must also agree that Net Revenue funds will benefit the organization's activities at the Park and provide how revenue will be used by the organization. (In accordance with the Florida Communities Trust (" FCT ") Grant, the written notice and information regarding operation of the concession must be provided to both Monroe County and FCT. The FCT may reasonably request information to evaluate the legal and tax consequences of such activity as per the grant contract and the organization shall cooperate to provide information if requested). b) a list of all items to be offered for sale at the concession stand, which is subject to YMCA approval 16 EXHIBIT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Exhibit B) summarizing the major line items on the reimbursable expense request needs to also contain a notarized certified statement in substantially the following form: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all- inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305- 292 -3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter- company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and net earnings. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. 17 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non - allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non - sufficient check charges, penalties and fines. 18 EXHIBIT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( Organization name for the time period of to Check # Payee Reason Amount 101 Company A 102 Company B 104 Employee A 105 Employee B (A) (B) (C) (D) Total Total prior payments Rent Utilities P/R ending 05/14/01 P/R ending 05/28/01 Total requested and paid (A + B) Total contract amount Balance of contract (D -C) $ X,XXX.XX XXX.XX XXX.XX XXX.XX $ X,XXX.XX $ X,XXX.XX $ X,XXX.XX $ X,XXX.XX $ X,XXX.XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of 200_ by who is personally known to me. Notary Public Notary Stamp 19 EXHIBIT "C" MONROE COUNTY BOARD OF COUNTY COMMISSIONERS POLICY FOR USE OF PUBLIC FACILITIES, ROADS, BRIDGES COUNTY MEETING ROOMS AND THEATER MONROE COUNTY, FLORIDA GENERAL RULES AND REGULATIONS: Any individual or organization requesting the use of a County facility, building, park, beach, road, bridge, airport, meeting room or theater MUST complete the "REQUEST FOR USE OF COUNTY PROPERTY' form and return to the responsible County Department. The ORIGINAL REQUEST FOR USE OF COUNTY PROPERTY FORM shall be submitted to the appropriate department no later than five working days prior to the desired date. If a public assembly permit and/or extensive coordination with other County Departments, the Sheriffs office, or State Department of Transportation is needed, the ORIGINAL REQUEST FOR USE OF COUNTY PROPERTY FORM must be submitted no later than ten working days prior to the desired date. 1. FEES Fees apply to all agencies excluding for one —time uses only, divisions or departments of any local, state, or federal Government Agency. Divisions or departments of any non -County (whether local, state, or federal) Government Agency shall pay the same fees as all other external users for all uses subsequent to the first in a series of recurring uses. Fees are mandatory regardless of an organization's non -profit status, with the exception of Monroe County School sponsored functions, all sports leagues, fitness events with 500 or less participants, and the use of Library facilities. The County Administrator or his designee is the only individual authorized to waive any applicable fee. A. Fees for the use of county property are stated on pages 7, 8 and 9. If there are regular County admission fees to the facility, those fees will be charged in addition to the group user fees. B. If the organization, group, etc., proposes to charge an admission fee greater than $10.00 per person, then the admission charges must be approved by County Administrator. C. Any organization that impacts normal services to the facility will be charged the cost above normal expenses for using the facility, in addition to the fees assessed per the schedule. The charges will be assessed by the Public Works Director or his designee. D. Groups whose only purpose for the use of the facility or property is for improvements (m planting shade trees), shall not be required to pay user fees, however, they will be responsible for clean up and dump fees. If part of the purpose is for facility or property improvements (ex. planting shade trees and holding a tree selling event), the Director of Public Works or his designee shall determine a prorated fee. E. If an event requires additional time other than what was originally stated on the request and for which the location was reserved, the additional time owed the County will be invoiced at the applicable rate. Should any individual/group not pay these additional charges, then they cannot use any County facility until the County has been reimbursed for these charges. Non - payment of any invoice by any group, organization, agency, sponsor, etc. will result in that group, organization, agency, sponsor, etc. not being able to use any County facility until full payment for any and/or all outstanding invoice(s) has been received by the County. F. There are no fees for Memorial services G. For purposes of the provision that other governmental agencies shall pay for all but the first in a series of recurring uses, recurring shall mean that the agency schedules at any given time more than one future use or that the scheduling of uses for that entity becomes a de facto pattern of recurring uses. 2. INSURANCE Groups/ organizations /sponsors/individuals shall be required to execute an original Hold Harmless/Indemnity Agreement and furnish original insurance certificates naming Monroe County BOCC as an additional insured (except for Worker's Compensation), unless these provisions are waived by the Monroe County Risk Management Department. Groups utilizing a meeting room do not need to furnish insurance documentation, however they are required to execute the Hold Harmless/Indemnity Agreement. Risk Management will determine if coverage may be needed as follows: • Worker's Compensation • General Liability • Vehicle Liability • Aircraft/Watercraft Liability • Liquor Liability (if applicable and necessary) 250 + PARTICIPANTS All functions expecting 250 or more participants /spectators for more than one day events are required to contact the Monroe County Planning Department as well as the Monroe County Facilities Maintenance Department to obtain a Public Assembly Permit. (Ordinance No. 030 -1996) 4. ALCOHOLIC BEVERAGES The use or sale of alcoholic beverages shall be prohibited unless prior approval is obtained by the County Administrator or his designee. The sponsor will be responsible for concurrence with applicable state permits and additional insurance as may be required by the Monroe County Risk Manager. In accordance with Monroe County Resolution No. 156 -2001 adopted on March 21, 2001, the following fees must be collected from the non - charitable organizations or social event sponsor before the County Administrator may accept an application for the per event sale of alcoholic beverages on County -owned property Number of persons expected to attend the event Fee: 1-20 $10.00 21-50 $20.00 51 -100 $40.00 101 or more $50.00 All organizations must comply with the insurance requirements provided by Monroe County Risk Management. 5. TRAFFIC CONTROL Events, projects, etc., affecting or occurring on any road or bridge must be pre - approved by the Monroe County Engineering Department. The use of off duty police may likewise be required. Coordination with off duty police is the user's responsibility and shall be coordinated directly with the police agency. In addition to the direct costs for a deputy, the Monroe County Sheriff's Department is required to charge overhead costs. Proof of coordination is needed 6. BBO GRILLS Groups/ Organizations /Sponsors /individuals wishing to utilize a personal BBQ grill other than the grills supplied by the Monroe County Facilities Maintenance Department, which are permanently placed at the beaches or parks, will require approval from the County Administrator or his designee prior to event. Groups are responsible for disposal of personal grills and charcoal. 7. RECYCLING Any and all events from any group and/or organization, profit or non - profit, requesting use of a County facility, property, building, theatre, park, beach, road, bridge, airport, or meeting room must comply with Monroe County's recycling efforts. Any and all garbagetwasteldebris generated by the organization using County property as defined above must Policy for Use of Public Facilities 2 November 01, 2012 be managed properly with all recycle materials separated and placed in marked "recycle" collection bins. Plastic, cans, etc. must be disposed of in the appropriate containers provided by Monroe County. In the event there will be a large quantity of recycle materials generated or for any function expecting 250 or more attendees/participants, the requesting group shall be responsible to provide extra trash and recycle collection bins, i.e. if additional trash receptacles are needed a recycle bin must accompany each additional trash receptacle, and ensure that they are placed in the appropriate area for pick -up by the waste management contractor. Within thirty (30) days after the event, the responsible person shall submit a report to the Monroe County Solid Waste Department, 1100 Simonton Street, Room 2 -231, Key West, FL 33040 providing the total amount of recycled material, measured in pounds, gallons, tons; and the name and address of the recycling facility within the County. 8. MEETING ROOMS (EXCLUDING LIBRARIES) AND THEATER Organizations requesting use of meeting rooms are subject to all the above rules and regulations. Monroe County meeting rooms will be available primarily for use by the County and, on an ad hoc and non - recurring basis, other local, state and federal government agencies. Use of meeting rooms will also be available for organizations that represent the interests of the public. In the event of conflicting dates, use by the Board of County Commissioners and other County entities will take Pnoriry. , A. Meeting rooms and/or theatre may not be used before 8:00 a.m. or after 11:00 p.m. B. County personnel will ensure the room is opened in the evening and locked at the conclusion of the meeting. C. Most of the equipment in the meeting rooms and/or theatre will not be available for general public use. County staff will make available lighting, air conditioning, and a public address system, if necessary. D. All requests for equipment shall be made at the time the room is reserved. Special requests for equipment after reservation or during a meeting may be denied. E. Facilities shall not be used for personal or private profit, aggrandizement, or advertising. F. Smoking and alcoholic beverages are prohibited. G. Unless scheduling of recurring events occurs pursuant to a formal comprehensive agreement executed by the user and the mayor after approval by the BOCC, there shall be no scheduling of use of a meeting or conference room more than 30 calendar days in advance of the proposed use. 9. COUNTY LIBRARIES Use of Conference and Multi- Purpose Room and Audio - Visual Equipment: A. LIMITATIONS: Use of Library facilities is open to programs sponsored or co-sponsored by the Library, to Monroe County, State and Federal governmental agencies, and to public meetings held by groups headquartered in Monroe County which are civic, cultural, educational, intellectual, or charitable in nature. Such use does not imply Library endorsement of the aims, policies, or activities of any group. Application for the use of any meeting room will be made with the respective Branch concerned. However, final authority for use of space will rest with the Senior Library Administrator. B. REGULATIONS: The following regulations apply to all programs scheduled in Library facilities: Policy for Um of Public Facilities 3 Nomnbur ol, 2012 L X111 programs mush be free of charge and open to the public as space permits. No collections may be taken or sales made. Library facilities shall not be used for personal or private prok aggraa or advertising. 2. In case of exhibits, the Library shall not be held responsible for loss or damage, and any insurance arrangements will be THE RESPONSIBILITY OF THE EXHIBITOR. Exhibitors will be required to sign waiver forms and follow Display Policy. 3. Sponsors may be required to execute a "hold- harmless" agreement and/or fiunish appropriate insurance naming Monroe County as additional insured for certain types of programs, in compliance with the "Use of County Property" policy and procedures. 4. Monroe County governmental agencies take preference over outside groups when scheduling the use of meeting rooms. Once an outside group has booked the room, however, every effort shall be made to avoid a forced cancellation in favor of the County agency. 5. Refreshments may be served only by permission and special arrangement. Smoking and alcoholic beverages are prohibited. 6. The Library reserves the right to cancel or reschedule any program or exhibit when necessary. 7. A key is available for meeting room use outside of regular Library hours; Library staff will explain the procedures for such use to interested applicants. A registered designee of the group must be present at any such meeting, to be responsible for the key and adherence to the procedures. 8. Maintenance employees are not available to organizations at any time. Organizations using the meeting room are responsible for any needed arrangement of furniture before their meeting as well as rearranging and cleaning of the meeting room at the conclusion of the meeting. Monroe County governmental agencies are responsible for making their own arrangement with the Public Works Department for such duties and are required to restore the meeting room to its original condition within a reasonable amount of time following the meeting. 9. Rooms may be booked up to one year in advance; booking is done on a first come /first served basis, with public agencies having priority. 10. The audio - visual equipment owned by the Monroe County Public Library may be used within the library facilities, with a signed designee of the group to accept responsibility, but may not be loaned to leave the facilities. 10. MEETING ROOM LOCATIONS The Gato Building 1100 Simonton Street Key West, FL 33040 (305) 292 -4441 The Harvey Government Center (2) 1200 Truman Avenue Key West, FL 33040 (305) 292 -4431 Key West Library 700 Fleming Street Key West, FL 33040 Contact: Reference (305) 292 -3595 Marathon Library 3251 Overseas Highway Marathon, FL 33050 (305) 289 -6098 *Marathon Government Center (2) 2798 Overseas Highway Marathon, FL 33050 (305) 289 -6036 Islamorada Library 81550 Overseas Highway Islamorada, FL 33036 (305) 852 -7163 Policy for Use of Public Facilities 4 November 01, 2012 Key Largo Library Big Pine Key Library 101485 Overseas Highway 213 Key Deer Blvd Tradewinds Shopping Plaza Winn Dixie Shopping Plaza Key Largo, FL 33037 Big Pine Key, FL 33043 (305) 852 -7164 (305) 872 -0992 Big Pine Key Park Community Center 31009 Atlantis Drive Big Pine Key, FL 33043 (305) 292 -4431 MEETING ROOM AND THE ATER LOCATION: Murray E. Nelson Government & Cultural Center 102050 Overseas Highway, MM 102.5 Key Largo, FL 33070 (305) 852 -7161 * Groups of IS people or less will not be allowed to schedule the meeting room located at the Marathon Government Center. The Monroe County Public Safety Division, Department of Emergency Management has precedence for the use of the Marathon Government Center meeting rooms 11. Permission to use County property shall not constitute a waiver of any local, state or federal laws. 12. Damage done to any County owned equipment or property during the time the County property is utilized by the organization will be the responsibility of the organization. 13. Approval of REQUEST FOR USE OF COUNTY PROPERTY is based on availability. Monroe County reserves the right to deny any request based on the availability of property being reserved for use and the availability to properly staff any event or non - government function. In the event of emergencies or the necessary scheduling of special BOCC meetings, events may need to be rescheduled 14. INDEMNIFICATION AND HOLD HARMLESS: The Organization/Individual 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 the Organization/Individual utilizing the property governed by this lease/rental agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 15. FEES ARE NON - REFUNDABLE. CHECKS OR MONEY ORDERS ARE TO BE MADE PAYABLE TO MONROE COUNTY BOARD OF COUNTY COMMISSIONERS. 16. For information on requesting the use of County Property for PARKS, BEACHES, ROADS AND BRIDGES, AND THEATER BY AREA, please contact the following: LOWER KEYS Monroe County Public Works Facilities Maintenance Department Parks and Beaches 3583 South Roosevelt Boulevard Key West, Florida 33040 ATTENTION: PARKS & RECREATION COORDINATOR Policy for Use of Public Facilities 5 November 01, 2012 PHONE: 1- 888 - 227 -8136 (Toll Free throughout the Keys) or 305 295 -4385 MIDDLE KEYS Monroe County Public Works 10600 Aviation Boulevard Marathon, Florida 33050 ATTENTION: PARKS & RECREATION COORDINATOR PHONE: (305) 289 -6036 UPPER KEYS Monroe County Public Works 88770 Overseas Highway Plantation Key, Florida 33070 ATTENTION: PARKS & RECREATION COORDINATOR PHONE: (305) 852 -7161 17. For information on requesting the use of County Property for AIRPORTS, please contact the following: KEY WEST INTERNATIONAL AIRPORT 3491 South Roosevelt Boulevard Key West, FL 33040 Phone: (305) 809 -5200 MARATHON AIRPORT 9400 Overseas Highway Marathon, FL 33050 Phone: (305) 289 -6060 Policy for Use ofPublie Facilities 6 November 01, 2012 FEE SCHEDULE MEETING ROOMS AND THEATER Fees will be charged for use of the premises when such use requires the expenditures of County funds which would not be expended except for the act of making the room available for such use. This charge shall compensate the government for the provided service only and fees will be adjusted annually to reflect current costs. FEES ARE NON - REFUNDABLE and are due at least TEN (10) DAYS PRIOR TO EVENT Excluding small meeting rooms Checks or money orders to be made payable MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MEETING ROOMS AND THEATER (EXCEPT small meeting rooms - see below) The number of technicians needed will be determined at the discretion of Monroe County by the size and type of event. Should more than three (3) technicians be required for any event, the stated rate above would increase by the respective applicable regular rate of $37.18 or overtime rate of $55.77 each hour. The fee for use of a small meeting room which holds a maximum of ten (10) people or less is $20.00 per hour (business hours only). Policy for Use of Public Facilities 7 November 01, 2012 Monday through Evenings (5:01 pm — Friday 8:00 am — 5:00 11:00 pm), Weekends REGULAR HOURS pm, excluding holidays OVERTIME HOURS and Holidays Facility Charges Per Facility Charges Per Hour Hour One Maintenance One Maintenance Technician $ 37.18 Technician $ 55.77 Facilities Costs $ 9.88 Facilities Costs $ 9.88 Total Hourly Total Hourly Charges Charges Overtime Regular Hours Hours WITHOUT WITHOUT Channel 76 $ 47.06 Channel 76 $ 65.65 One Additional One Additional Maintenance Maintenance Technician per hour $ 37.18 Technician per hour $ 55.77 Total Hourly Total Hourly Charges Charges Overtime Regular Hours Hours Three Two Technicians Technicians WITHOUT Channel 76 $ 84.24 WITHOUT Channel 76 $ 121.42 Two Additional Two Additional Maintenance Maintenance Technicians per hour $ 37.18 Technicians per hour $ 55.77 Total Hourly Total Hourly Charges Charges Overtime Regular Hours Hours Three Three Technicians Technicians WITHOUT Channel 76 $ 121.42 WITHOUT Channel 76 $ 177.18 The number of technicians needed will be determined at the discretion of Monroe County by the size and type of event. Should more than three (3) technicians be required for any event, the stated rate above would increase by the respective applicable regular rate of $37.18 or overtime rate of $55.77 each hour. The fee for use of a small meeting room which holds a maximum of ten (10) people or less is $20.00 per hour (business hours only). Policy for Use of Public Facilities 7 November 01, 2012 To ensure time accuracy, the maintenance technician(s) will record his time on a time sheet which will then be validated by both the technician(s) and the event representative by each signing the time sheet daily. CHANNEL 76 RATES Television coverage is available only for pre - approved County activities. Any other governmental agency must obtain prior approval from the County Administrator. One hour prior to the meeting is needed for the setting up of equipment, and one hour after the meeting is needed for the breakdown of equipment. Hours, including set -up and breakdown, will be charged at the rates below, assuming Channel 76 staff is available at the time of the activity. Monday through Friday Evenings (5:01 pm — 8:00 am — 5:00 pm, 11:00 pm), Weekends REGULAR HOURS excluding holidays OVERTIME HOURS and Holidays Channel 76 Per Hour Channel 76 Per Hour One T.V. Technician $ 29.77 One T.V. Technician $ 44.65 Equipment Costs $ 145.38 Equipment Costs $ 145.38 Total for One Total for One Technician for $ 175.15 Technician $ 190.03 DOES NOT INCLUDE MAINTENANCE TECH(S), FACILITY COSTS, MEETING ROOM OR THEATER FEES, TAPE DUPLICATES OR SPECIAL POST PRODUCTION COSTS COSTS DO INCLUDE T.V CAMERA, TECHNICIAN, AND T.V. EQUIPMENT. Policy for Use of Public Facilities 8 November 01, 2012 FEE SCHEDULE BUILDINGS, PARKS, BEACHES, ROADS, BRIDGES, & AIRPORTS All fees will be payable in advance to the Monroe County Board of County Commissioners and submitted to the Public Works Facilities Maintenance Department. Admission fees that exist will also be charged. The Public Works Sr. Director of the Lower Keys Facilities, Director of Middle Keys and Director of Upper Keys, or their designee(s), may require security fees and other fees related to the nature of the event. The Monroe County Administrator reserves the right to waive fee payments. • County Buildings and Airport Terminals: Monday throu Frida 8:00 a.m. — 5:00 p.m. Hourly Rate Before 5:00 p.m. Hourly Rate After 5:00 p.m. Weekends and Holiday: 8:00 a.m. — 5:00 p.m. Hourly Rate • Roads & Bridges and Airport Grounds: Monday through Friday Weekends and Holidays • Parks & Beaches: $100.00 per day $15.00 per hour $20.00 per hour $150.00 per day $20.00 per hour $100.00 per day $150.00 per day Groups requesting to reserve a portion of any park or beach will be charged $2.00 per person, along with clean up fees stated below. Children 12 years of age and under will not be charged and are exempt from paying the fee. • Clean up and dump fees: Clean up and dump fees will be assessed based on the size of the group: 01— 50 Person(s) $50.00 51— 100 Persons 101 -200 Persons More than 200 Persons Roman Gastesi, County Administrator (October 2012) $75.00 $100.00 To be determined by Public Works Division Director - I � r I �;" 4 Policy for Use of Public Facilities 9 November 01, 2012 Exhibit D Material Terms for Form of Use of Facility Agreement The following reflect the material terms to be included in a Form of Use of Facility Agreement that CONTRACTOR intends to develop as a condition for use of the Park facilities. The Form of Facility Use Agreement may include such other terms and provisions as the CONTRACTOR reasonably determines are necessary and appropriate. LICENSE PERIOD The hour time period on a afternoon specified above (the "License Period'), subject to availability. evemng or TERMS OF USE Licensee shall have and hereby accepts, a non - exclusive license during the License Period to use the Facility only for the Event described above and no other purpose, all in accordance with and subject to the terms, conditions and limitations set forth in this Contract. MAINTENANCE OF FACILITY Licensee will be responsible for leaving the Facility clear and free of trash and debris. Licensee is encouraged to provide additional trash bags or containers for this purpose. Trash and debris are to be placed in or next to dumpster located on the Facility. If at the end of the License Period, the Facility is not left free and clear of all trash and debris accumulated during the Event, the $250.00 Deposit will be retained by the YMCA as liquidated damages. CONDITION OF FACILITY YMCA makes no representation, warranty, or guaranty of any nature whatsoever with respect to the Facility. Licensee hereby accepts the Facility in its "AS IS" condition. Licensee agrees that the Facility shall be returned to the YMCA after the expiration of the License Period in the same condition as it existed at the beginning of the License Period. DAMAGE AND RESTORATION In the event of any damage by Licensee or any attendee or participant in the Event or other guest or invitee of Licensee (each, a "Licensee Party"), Licensee shall be responsible for restoring the Facility and any surrounding damaged area to its condition prior to the use of the Facility by Licensee. In the event of any such damage, the YMCA may retain the Deposit to the extent of any and all damages, costs and expenses incurred by the YMCA as a result of such damage, without waiving any right or remedy against Licensee or any other party for additional damages, costs and expenses incurred by the YMCA. ASSUMPTION OF RISK. RELEASE AND INDEMNIFICATION (a) Licensee hereby assumes full responsibility for all risks of bodily injury, death, and property damage, whether or not due to the negligence of the YMCA, its directors, officers, employees, contractors, agents, representatives, members or invitees (hereinafter referred to as the "YMCA Parties "), while Licensee or any of its officers, directors, members, managers, partners, employees, affiliates, agents, representatives or Licensee Invitees (each, a "Licensee Party") are in, upon or using any part of, or traveling to or from, the Facility, including, without limitation, the risks of thrown, kicked or batted balls, falling objects, uneven ground, holes in the ground and automobile accidents. (b) Licensee hereby releases, waives and discharges all of the YMCA Parties from, and covenants not to sue any of the YMCA Parties for, any and all actions, causes of action, damages, claims and demands whatsoever (including, without limitation, for personal injuries, death and property damage) which Licensee ever had, now has, or hereafter can, shall or may have, arising out of or in connection with the Event and/or the entry onto and/or use of the Facility by Licensee or any Licensee Party, whether the same arises or is caused by the sole or joint negligence of any YMCA Party or otherwise, and whether the same is now known or unknown, foreseen or unforeseen. (c) Licensee hereby agrees to indemnify and to hold harmless (and if requested, defend) all of the YMCA Parties from and against any and all claims, actions, damages, losses, liabilities, costs and expenses of any nature whatsoever (including, without limitation, for personal injuries, death and property damage, and reasonable attorneys fees and expenses), whether known or unknown, foreseen or unforeseen, present or future, that any YMCA Party may incur or suffer as a result of or in connection with the Event and/or the entry onto and/or use of the Facility by Licensee or any Licensee Party, whether the same arises or is caused by the sole or joint negligence of any YMCA Party or otherwise. PARTICIPANT ASSUMPTION OF RISK RELEASE AND INDEMNITY AGREEMENT. Licensee shall obtain from each adult participant in the Event and from an authorized legal guardian of each minor person participating in the Event (each, a "Licensee Invitee ") and deliver to the YMCA prior to the start of the Event a signed original assumption of risk, release and/or indemnity agreement in such form as the YMCA may require (a "Release "). Licensee acknowledges and agrees that no person shall be permitted to participate in the Event or enter upon the Facility unless such a signed original Release for such person has been delivered to the YMCA prior to the start of the Event, and that the YMCA may exclude or remove from the Facility any and all such persons for whom such a Release is not delivered to the YMCA prior to the start of the Event. PARTICIPANT CONDITIONS AND SPECIAL NEEDS Licensee shall be solely responsible for determining and responding to any and all applicable physical, medical, mental and/or behavioral conditions of each person attending the Event (including, without limitation, allergies and medications being taken) and for determining whether each person attending the Event is physically and mentally capable of safely participating in the Event. Licensee shall not permit any person to enter or use the Facility or participate in the Event unless such person is physically and mentally capable of safely doing so. Within five (5) business days prior to the Event, Licensee shall notify the YMCA in writing of any special needs or accommodations that are required at the Facility for any participant in the Event. INSURANCE The license provided for in this Contract is granted on the condition that, and Licensee hereby agrees that, Licensee shall maintain or cause to be maintained, at its sole cost and expense, such liability insurance covering the Facility and the License Period, on an occurrence basis, as the YMCA may reasonably request. Licensee shall not have any right to use the Facility unless and until Licensee shall have delivered to the YMCA evidence reasonably satisfactory to the YMCA that all insurance required by the YMCA hereunder is in effect and fully paid for and that all such liability insurance names the YMCA as an additional insured. 2 NO ALTERATIONS AND IMPROVEMENTS Licensee shall not make or permit any Licensee Party to make any permanent or temporary alterations, improvements or additions to the Facility. REQUIRED PERMITS AND LICENSES Licensee, at Licensee's sole expense, shall obtain all permits and licenses required by applicable governmental authorities for the Event and/or Licensee's use of the Facility, and shall deliver a copy thereof to the YMCA prior to the start of the Event. COMPLIANCE WITH LAWS Licensee shall at all times comply with all, and not commit or permit any violation of any, applicable laws, orders, and regulations of all applicable governmental authorities pertaining to Licensee or its use of the Facility. YMCA's RIGHT TO SUPERVISE YMCA shall have the right, but not the obligation, at all times to have one or more of its representatives present at the Facility to supervise Licensee's use of the Facility. TERMINATION AND OTHER REMEDIES Licensee agrees that the YMCA has the right to immediately terminate this Contract for non - payment when due of any amount payable by Licensee under this Contract or otherwise owed by Licensee to the YMCA, or for any other failure by Licensee to fully perform its obligations under this Contract, or for any behavior of Licensee or any Licensee Party that interferes with the use or enjoyment of the YMCA by other participants or staff, as determined in the sole discretion of the YMCA. The foregoing termination rights are in addition to any and all other rights and remedies available at law or in equity. ASSIGNMENT Licensee shall not assign or otherwise transfer this Contract or any of its rights and obligations hereunder without the prior written consent of the YMCA. Any unpermitted assignment or transfer of this Contract or of Licensee's rights or obligations hereunder made without the YMCA's prior written consent shall be void and such assignee or transferee shall acquire no rights hereunder. RELATIONSHIP The relationship between the parties to this Contract is solely that of licensor and licensee. Nothing contained in this Contract shall be deemed to create any landlord -tenant relationship, joint venture, partnership or any other relationship between the parties other than that of licensor and licensee. Neither party shall act toward third parties or the public in any manner which would indicate any relationship other than that of licensor and licensee. TIME OF THE ESSENCE Time is of the essence for each of the parties to perform its obligations under this Contract. COSTS OF ENFORCEMENT In connection with any action arising from or in connection with this Contract, the prevailing party shall be entitled to an award of its costs and expenses, including reasonable attorneys' fees and disbursements, incurred or paid before and at trial or any other proceeding which may be instituted, at any tribunal level. NO ORAL MODIFICATIONS No amendment, modification, waiver or discharge of this Contract, or any provision hereof (including, without limitation, this sentence) shall be valid or effective unless in writing and signed by the party against whom enforcement 3 of such amendment, modification, waiver or discharge is sought and then only to the extent set forth in such writing. INTERPRETATION The captions used in this Contract are for convenience of reference only and shall not be construed to extend, limit or modify the scope or meaning of the respective paragraphs to which they relate. This Contract shall not be construed more strictly against one party than against the other merely by virtue of the fact that this Contract may have been physically prepared by one of the parties, it being agreed that all parties have participated in the negotiation and preparation of this Contract. ENTIRE AGREEMENT This Contract contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous negotiations, representations, understandings and agreements with respect to the subject matter hereof, whether written or oral, all of which are merged into this Contract. NOTICES: All notices, demands, requests, consents, approvals or other communications (collectively, "Notices ") required or permitted to be given hereunder or which are given with respect to this Contract shall be effective only if in writing and delivered by personal service, or delivered to an overnight courier service with guaranteed next day delivery or mailed by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: (a) if to the YMCA: 1200 NW 78th Avenue, Suite 200, Miami, Florida 33126, attention: Vice President, Human Resources and Risk Management and (b) if to Licensee at the address set forth above, or to such other address as such party shall have specified most recently by like Notice. Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; if delivered to an overnight courier service, on the business day immediately following delivery to such service; and if mailed, on the third business day after mailing. NO OFFER OR SOLICITATION The submission of this Contract for examination or execution does not constitute an offer or solicitation to enter into this Contract, and this Contract shall become effective only upon execution and delivery hereof by both parties. FORCE MAJEURE The YMCA shall be excused from performing any obligation under this License in the event that the performance of any such obligation is rendered illegal or impossible due to: (i) act of God or public enemy, fire, wind storm, flood, explosion, action of the elements, war, invasion, insurrection, riot, mob violence, sabotage, inability to procure or general shortage of labor, equipment, facilities, materials or supplies in the ordinary course; (ii) condemnation, requisition, law, order, or judicial ruling of governmental or civil or military authorities; or (iii) any other cause, whether similar or dissimilar to the foregoing, not within the control of the YMCA. 4 Key Largo YMCA Program Pricing 2012 Pee Wee Soccer $55 per child (plus one time $20 annual program fee) Tennis $80 per month per child Flag Football $65 per child (plus a one time $20 annual program fee) After School Care $40 per week Summer Day Camp $100 per week EXHIBIT "E" the d rMV011 I DIVIU MM'D FUR MAIM LIVING FOR SOCIAL RESPONSNIUTY TEAMS FOR TOTS Pee Wee Soccer UPPER KEYS YMCA PROGRAM CENTER Want you little one to be the next Beckham, Mia or Pele? Everyone starts somewhere. In our Tiny Tots Soccer Program we teach kids all the soccer fundamentals--kicking, dribbling, balance, basic rules sportsmanship and teamwork. Children will have lots of time to practice in a scrimmage setting, boosting their confidence, abilities and determination. When your children play soccer at the Y, they learn our four core values and discover a love for the gam — a aktar tntfawl AgesS 3 -4 DekesS September 4-- October 11 Picture Day: September 18 Times: Practice on Tues; games on Thurs LOCATION: 500 St. Croix Place, Key Largo, FL 33037 COSTS $55 (420 Program Membership for non - members) QMSTIONST Talk to Kerry Cosme or call 305 - 453 -3422 UPPER KEYS YMCA TENNIS PROGRAM WHO: Beginners ages 5 to 10 - 4:30pm to 5:30pm (space limited) Beginners & Intermediate Ages 11 and Up 5:30 pm - 6:30 pm Beginners ages 5 to 10 - 6:30pm to 7:30 pm instruction Advanced Students - 5:30pm to 7:30 pm (Mondays and Wednesdays) Where: Key Largo Community Park's Tennis Courts When: Tuesday & Thursdays Sessions run throughout the year Cost: $160.00 for two month session $80.00 by the month / $40.00 weekly Private instruction @ $35.00 / hr. Advanced extras - TBA Please bring a water bottle, wear sun screen and a hat For more information or to schedule: Call Debbie Williams - (305)394 -7409 Or Coach Jason - (305)849 -1490 the 1 11:i w TRAINING FOR FUTURE 5 Youth Flag Football YMCA AFTERSCHOOL— ENRICHMENT Every Sunday, millions of people tune in to watch America's favorite sport. Football is action - packed and requires players to exhibit superior speed, strength and Intelligence. But that doesn't mean it has to be dangerous. Give your child the chance to learn the fundamentals of the game in a safe, fun way. AGES: 5 -7 DATES February 6th- April 4th TIME: Mondays and Wednesdays 5:30- 6:30pm LOCATION: KL Community Park Out back.By Tennis Courts COST: $65.00 QUESTIONS? Contact Kerry Cosme 453 -3422 or email at kcosme @ymcamiam.org Please like out Facebook page Upper Keys YMCA Program Center Public WWks Division A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RATIFYING RULES AND REGULATIONS FOR TAE SKATE PARK AT KEY LARGO COMMUNITY PARK WAEREAS, the Skate Park officially opened on March n 20K and release liab�ihhty mile S die Skate Park. which me pnnied on the �' Pl + ur Ponied an aigoage installed at the Park; now. BE IT RESOLVED BY TAE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA. that the Board bereby ratifies the following ruin and regulations for the Skate Paris loafed at Key Largo Community Pa ic- L Each skater mast have a signed release and waiver of Bali ft before a. ent Me �'� are for et under 18 stoat have their parent/ sign the release and wsfver 2. Each skater most the sluding area. sign in and be denied through the skate facifit7 mice tarter to entaft 3. Sacb skater must wear a helmet, dbow pads, knee pale, and wrist guards while on the skating surface. 4. Only skate6anrds and fnline sk&tes are permitted. S. Sbk to and appropriate dotting nest be worn at all times. 6 Pr's wordlog on doddug,. The park staff w01 determine 7. Curdns sweuing, use of fail or Inappropriate language wall not be tolerated. 8. Am adult 18 years or older must accompany anyone under the age of ik 9. Food (including g® and candy) and beverages are not &Bowed on the dating surface. 10. Possession or consumption of any fittexicallag bevera or contrefled substance Is proublied. 11. Smoking is prohiitcd hwide the skating faalk. 12. Coolers, backpacks, and boom banes wW not be allowed hr the Ong area. 13. Monroe County and the Upper Keys Famib YMCA, as the pork operator, ban e:dusive demon to dose the Skate Park due to t weatter or for any other at any thee. 14. Wmdng k sat aBowe& 1S. Inappropriate behavW will not be tolerated. 16. Skaters and skateboarders must practice courtesy. 17. Skating will be allowed under the sapmldoa of Upper Begs YMCA staff only. The attendant in dtasge will have the authority to Barn the number of parddPants at any time to ensure aafety and to evaluate skW kvel of patrons. 18. Anyone akb&ftbg reckless behavior or dwow b W Vb cMg skating area or eadmrgning Patrons and/or � will a% foreign be escorted o o bjects t of the par the park staff or the Monroe County Sbwffs Departma<t. o u t by 19. NO RTFONDS 20. Tbere h to be no ft"PuNdng after the ladiity is dosed. Trespassers will be prosecuted to the tallest extent of the law. EAdbit "F" Page 1 of 2 2L Rain checks will be gives a* within the first hour of partidpadon. PASSED AND ADOPM by die Board of Counq Commismoom of Mmm County. Florida, at a msular meeting of said Board held oa the 21" day of June AD 2006. McCoy Yes Mayor Fro Tea Spchw Yes Coamrisdoner Nupot Yes Commissioner Rice yea _ Commissima Patron _ImK_ rt.'. •�' S T� L- KOLHAM cleric BOARD OF COUNTY COMMISSIONERS OF MONROE CCPVnY, FLORIDA By: Ma Cleric Exhibit "F" Page 2 of 2 14ROE COUNTY AYTORN AP OVleo AS To F COUNTY 2 i*t oc,)z 0 OA_r m O ;a x�c c� rD rn m O Exhibit "F" Page 2 of 2 NON- G'OLLIMON AFFIDAVIT I, ofd city of according ro law on my oath, and under penalty of pe jwy, depose and say diat I am P r2S r d eob "' a ov%j C60 ofthefirmof - Mg YMCA OP &e-4 N &WI Making the Proposal for tie ism I'm dewed in the Request for Propoasls for. and that I eamct"d the said Proposal with full authority to do so: 2. TW prices in this pmpossl have been arrived at Wdapaodmdy without collusion, consultation, counuuuunicatiaa or agreement fbar dw purpose of rest cW4 compeftc a, as to any matter relating to such prices with any other proposer or with my competitor. 3. Unless otherwise required by haw, the priori and percentage of s+oturn wbich have boon quoted in this proposal have not bees lonowingly disclosed by the responder and will not imowingly be dimlosod by the responder prior to Proposal opening, Y or fly, to my other responder or to any ooatpe&w 4. No attempt has been made or will be made by the responder to induce any other person, patnership or corporation to submit, or not to sub i k a proposal for the purpose of restricting S. no stsbumms comtmned in this affidavit are true and correct, and made with fall knowledge that Momm CamWirfim upon the truth of the sta:anarrts coatained in this affidavit in awarding the servic�aa/work 2 111612012- of ) (Dift) STATE OF: ELor a COUNTY OF: Nl L&O% PERSONALLY APPEAREV BEFORB IKF,, the undersigned awwrity, A L.fmd Q,rho after first being sworn by nut (Warne of individual ageing) affixed his/her siguatare m the opm provided above ou this A�T day of hinr>inb2,r- WCOMWmion WCOWMMSEIIUM OM MS AW M. =IS N67�� GNU u�mR LOBBMG AND CONFLICT OF IIY rKRXST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010.1996 MONROE COUN'T'Y, FLORIDA ETHICS CIAAUSE Alfred Sanchez President and CEO (Company Ol>6oa/fthw/Indivddual) warrants that baht bas not employed, retained or otherwise had act on merits behalf any ftom County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any County offmer or employee is violation of Section 3 of Ordbum No. 010 -1990. For breach air violation of this provision the County may, in its discretion, teminate this Agreement without liability and may abo, in its dismetwo, deduct Son the Agtara t or purchase price, ar otherwise recover, the full amount of any &e, commission, pwcontaim gib, or consideration paid to the former county officer Or employee. Date: H �6�zo IZ STATE OF: F' to rl COUNTY OF: ktafyVz- _' _A-e. Subscribed and sworn to (or affumed) before � me as �4 C E.M &� W„ o aw 1 0-6. (doe) by � PC� ( ; , a (name Z' (name of affiant). Heine is personally known to me or has produced idaafiScation (type oe Wantitcation) as My commission expires: ,.. TEA GWO)O Ate MY COMLUNW # E@10'.16g8. EXPIW AAA 29.2014 ass DRUGFRIZE WORi[PLACE FORM The umdasUPW Cor►traofaorlbiddenWWoodw in a000r+danoe with Florida Statute 297.087 hereby certifies liar• Yo4cA o � 6-,c � (Name of Business) I. Publishes a start notifying employees dud the urrlawRil manuflectum didnbotiaa, dispensing, posseeaian, or use of a controlled substanc a is prdhxWted in the wortgleca and specifying the actions that will be taken against employees for violations of such prahibi ion. 2. Informs employ= about the dangers of drag abase m the workplace, the busimM policy of mining a drug five work9sc% any available drag counseling. rehabilitsdM and employee assistance progrmns, and the paultles that may be impowd upon employees for drug abuse vxAftons. 3. Gives each employee engaged in Providing the commodities or contra mW services that are under proposal a copy of the statonunt specHled in subsection (1). 4. In the sit speoified in subsection (11 notify the employees that, as a condition of working on the �dities or comira Wd services that are under proposal, the employ= will abide by the teams of the statement and will notify the employer of any conviction of, or plea of go7ty► or nolo camtetrdere to, any violation of Chapter 893 (Florida Statutes) or of any controlled a bstanoo law of the United States or nay state, for a violation occurring in the worl%daca no laow am five (S) days after such conviction. S. Imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or reh* iftdon program if sech is available in the employee's community, or spry employee who is so convicted. 6. Malta a good fait effort to candane to maintaan a dntg fine wo#I= through implementation of this section. As the person authorized to sign the statement; I cw* that this Srrn complies filly with the above TOW W hW s 2 8 waftm 11 /61:2o th" mycommissioaaom TEFMOffA GMRmO A9W MY OOYMISB;ON alt -?IQM % t:XAM AW 29.20"