1st Amendment 05/18/2016 I .
%' AMY HEAVILIN, CPA
-, CLERK OF CIRCUIT COURT & COMPTROLLER
.ACOUNTY,
MONROE
FLORIDA
DATE: June 23, 2016
TO: Doug Sposito, Director
Project Management
ATTIC• Chris Rivera, Project Manager-2
FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller
At the May 18, 2016 Board of County Commissioner's meeting the Board granted approval and
execution of the following Item SI Approval of Amendment to Management Agreement with The
Young Men's Christian Association of South Florida, Inc. (YMCA) to remove the Key Largo
Community Park -Skate and Bike Park facility from contractual scope of management, supervision,
operation and direction services
Enclosed is a duplicate original of the above-mentioned for your handling Should you have any
questions,please feel free to contact our office.
cc: County Attorney
Finace
File
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
AMENDMENT TO MANAGEMENT AGREEMENT
FOR KEY LARGO COMMUNITY PARK AND SKATE PARK DATED
NOVEMBER 20,2012
Thia :'rmwtdment to Mauageuneu( Agreement dated November 20, 2012 ("Agreement")
between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida
("County"), and THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH
FLORIDA, INC. ("YMCA"), for the management, operation and provision of
programming at the Kcy Larg�g,t'Community Park and Skate Park ("Key Largo Park"), is
0 11
made and entered into this day of 2016, between the parties for
purposes of amending the Agreement, as follows:
WITNESSETH
In consideration of the covenants and conditions set forth herein,this Amendment shall
revise the Agreement between the County and the YMCA as follows:
WHEREAS, on November 20, 2012, the Parties entered into the Agreement for the
YMCA to serve as contractor to provide management, supervision, direction, and
operation services over recreational programs and facilities, including the Skate Park
facility, at the Key Largo Park, including the Skate Park; and
WHEREAS, pursuant to section # 8.C. of the Agreement, at the time of entering into the
Agreement the Parties contemplated that in the future bicycles may be allowed to be used
in the Skate Park and that the Agreement would be amended to include use of bicycles
and to require the YMCA to provide supervision and management services for such
bicycle inclusion at the facility; and
WHEREAS, the County has passed and adopted a Resolution that alters Resolution No.
239-2006 and which has renamed the Skate Park facility at Key Largo Park as "Skate and
Bike Park", and which ratifies and promulgates new rules and regulations authorizing and
guiding use or participation in skateboarding, in-line skating, and freestyle bicycling in
the Skate and Bike Park that must be posted at the Skate and Bike Park; and
WHEREAS, the County has passed an Ordinance which authorizes use of freestyle
bicycles in the Skate and Bike Park at Key Largo Park, and amended Section 18-27(n)(l)
and (n)(2) of the Monroe County Code of Ordinances, accordingly, and
WHEREAS, pursuant to section 316.0085, F.S., the County enjoys statutory immunity
from liability for personal injury and property damages to participants and spectators
caused by or related to its authorizing skateboarding, in-line skating, and freestyle
bicycling activities at the designated Skate and Bike Park; and
WHEREAS, the YMCA, as a non-governmental entity, is not provided statutory
immunity related to those activities at the Skate and Bike Park, and it is unable to obtain
sufficient insurance coverage for the management, supervision, direction, and operation
of those activities; and
Page 1 of 3
WHEREAS, the Parties have agreed that the YMCA would no longer be responsible for
the management, supervision, direction, or operation of the Skate and Bike Park at the
Key Largo Park, as originally contemplated between the Parties and in the Agreement,
and
WHEREAS, in accordance with Florida Law, the County will assume and be solely
responsible for operation and management and the posting of new rules and regulations
and permissible activities in the Skate and Bike Park at the Key Largo Park; and
NOW THEREFORE, in consideration of the mutual promises contained herein, the
County and YMCA hereby agree that the Agreement dated November 20, 2012, shall be
amended as follows:
1. Section 8. SKATE PARK shall be amended and revised as follows:
(A) The CONTRACTOR YMCA is not responsible for the management, supervision,
direction, or operation of the Skate and Bike Park. The CONTRACTOR YMCA is not
required to carry liability insurance which provides insurance coverage to the YMCA for
the Skate and Bike Park facility or activities. The COUNTY shall be solely responsible
for management and operation of, and the posting of new rules and regulations and
permissible activities at, the Skate and Bike Park.
(B) Part B is deleted entirely.
(C) Part C is deleted entirely.
2. Section 23. INSURANCE shall be amended and revised as follows:
Prior to the CONTRACTOR taking possession of the property owned by the COUNTY,
or commencing its operations, the CONTRACTOR shall obtain, at its own expense,
insurance as follows:
a. General Liability Insurance. Coverage shall be maintained throughout the term of
the Agreement and include, as a minimum:
• Premises Operations.
• Products and Completed Operations.
• Blanket Contractual Liability.
The remaining portions of Section 23 remain unchanged.
All other terms and conditions of the Management Agreement dated November 20,
2012, not inconsistent herewith or changed by this Amendment shall remain in full
force and effect and apply to this Amendment.
Page 2 of 3
•
•
IN WITNESS WHEREOF,each party caused this Amendment to the Agreement to be
executed by its duly authorized representative.
,r`"�-? :__.. :Y HEAVILIN CPA, CLERK BOARD OF C T COMMISSIONERS
A
OF MONRO A
APL. ' iso..-• on By
`��—' D:,4utyClerk to 9.R May Chairman
ii
/ //� Date: 0 i a 3'/(0
./� T oung Me 's Christian soci 'on f
Witness 1 outh lorida,
/ft died Unix- y:
Printed name of witness l Printed name:
7-1 Title: 6 v' eL cocci-cc)/ SA E v
°tz9-�y
Witness Y 5 _L—` I
Date:
(J` hr15-hnig) Bt1t.5
Printed name of Witness 2
MONROE COUNTY ATTORNEV
dPROVED AS TO FORM
r-4 2 ei ti\
CHRIS AMBROSIO
ASSISTANT COUNTY Arr RNFV
C - q -76
c
C N
U.: ][ JH
Cr- n. a
0 T JO
_ N is'
1-4-I
Y.W
W Jp_2O ES 1
Page 3 of 3
C
A� CERTIFICATE OF LIABILITY INSURANCE DATE"IMIDDIY )
5/4/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(5), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)most be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCERCONTALT Cheryl Rust
NAME;
Brown 6 Brown of Florida, Inc. jl io FiO; (305)247-5121 Iwo.N91;130512411-15u
dba T.A. Jones c Co. ABDai"S.otos tebbinsfl.com
1780 N Rro.e Ave INSUREn(51AEPORMS COVERAGE NACE
Homestead FL 33030 'usenet*:United States Fire Insurance 21113
INSURED wsuMRe:RetailFirst Insurance Company 10700
YMCA of South Florida, Inc INSURER C.1
900 SE 3rd Ave. INSURER O:
INSURER E:
Ft. Lauderdale FL 33316 INSURERF:
COVERAGES CERTIFICATE NUMBER:16/17 GL/BA/NC/XS/Pro£ REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERI1FICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH MPOOLICIES.UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NMI ME OF INSURANCE NR0 WVD POLICY NUMBER ieNNDU l EFT 1 RAWD14OIYVYYI Y EXP I LIMITS
X COMMERCIAL GENERAL IJABILRY ETCH OCCURRENCE 1,000,000
ENTED
A _ CLAIMTMACE bill OCmw DAMAGE
F uSEES IFa=unwed 1,000,000
■ X 506-B04531-5 3/31/2016 3/31/2017 MEO EV(Any wWtml 5,000
. PERSONAL IAOVmARY 1,000,000
GENL AGGREGATE LIMIT APR.ES PER GENERAL AGGREGATE 3,000,000
I X POLICY 1 zi 1(....II LOG PRODUCTS.CpNNP AGO 1,000,000
OTHER. Caporal N^CN,ll included
LUMBINEO seat UNIT 1,000,000
II AU 2312AeILITY- I2E12CINNI
A ANY AUTO BOOtYINAm a YIPpetHnl
AUTO SCHEDULED X 506-BN531-5 13/31/20 L6 3/31/2017 BOOEY!MIRY(Pet Amde°
AUTOS AUTOSS PPROPERTY OAMAGE
HONOYW EO
X MIRED AUTOS X AUTOs I 'I�eatleM1 1,000,000
M,YawM,mbllamwnW
UMBRELLA LIAR X OCCUR EACH OCCURRENCE 15,000.000
A x EYCe55UAB CIAIMS.MAOE AGGREGATE 15,000,000
DED I X I RETENTIONS 0 5E21049016 3/31/2016 3/31/2017 p�E
WORKERS COMPENSATION x I MINE I I Pk'
ANC EMPLOYERS'WSIUry YIN
ANY PRRPRIETORMARTNERIEIECUm'E edia M HM 0520-12191-0 5/19/2016 5/19/201T E L'W I 1HtA
H EL EACH CODE! 500,000
OfF CERM eBER F%LIEOt SEASE-EA EMPLOYEE 500,000
I
OGryu.RwTIOMMNQN OOF OPERATIONS belowWr EL DISEASE-POLICY LEAP( 500,000
[I'
DESCRIPTION OF OPERATIONS ILOCATIGNSt VENICIES(ACORO 101,Admeond Rtmlrtt SU,Nua.may b SNMd I(MOM sMw Is rpuaed)
Certificate holder included as additional insured as respects general liability where required by written
contract. This fora is subject to policy terms, conditions, and exclusions.
AWED D EAENT
BY or3•ekie_
w / — cc : It
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Monroe County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton Street
Kay West, FL 33040 AUTOR1aOIEPRESENTATNE
T Jones Jr./CHERUS
G 1958-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
INS02512O140rl