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Item C30 " BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 5/16/01 Division: Public Works Bulk Item: Yes.2L-. No Department: Facilities Maintenance AGENDA ITEM WORDING: Approval to continue on a month-to-month basis the agreement with the YMCA at the Key Largo Park. ITEM BACKGROUND: On May 14,2001, the Management Agreement between Monroe County and the Upper Keys Family YMCA for the Key Largo Community Park will expire. Pursuant to Article 3 of the original agreement as amended dated February 16,2001, Monroe County may renew the agreement for an additional two-years. However, Monroe County would like to renew on a month- to-month basis since some issues with the Florida Communities.Trust still need to be worked out. We will then bring a revised agreement to the Board. PREVIOUS REVELANT BOCC ACTION: On November 9, 1999, the BOCC recommended that a contract be negotiated with the YMCA for a one-year term with two (2) one-year renewals at the option of the County. On December 8, 1999, the BOCC approved a draft agreement with the YMCA in concept. On January 19,2000, BOCC granted approval and authorized execution, as amended, ofa Management Agreement between Monroe County and the Upper Keys Family YMCA, and on February 16,2001, the BOCC approved to rescind the previous action of January 19,2000, and granted approval to enter into a revised Management Agreement. CONTRACT/AGREEMENT CHANGES: No contract changes - Renewal only month-to-month. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A REVENUE PRODUCING: Yes No...x. AMOUNT PER MONTH_ Year APPROVED BY: County Atty_ o;a!'jZ RiSk~ement_ Davi~ s. Koppel~ Engine~ [~._~ Dent Pierce ITEM PREPARED BY: DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included L ToFollow_ NotRequired~ AGENDA ITEM # /-CJ() DISPOSITION: . Revised 2/27/01 MANAGEMENT AGREEMENT This managemen' agreemen' is made and en'ered in'o Ibis I (,.!h day nf -.ff:,~l 2000, by and between MONROE COUNTY, FLORIDA, a political snbdivision of Ibe State of Florida, hcrci after COUNTY, and the UPPER KEYS FAMILY YMCA, ~ .J>ranch of the YMCA of Greater Miami, Inc., hereinafter YMCA. MTNESSETH: WHEREAS, YMCA is a not-for-profit COrporation established for the provision of activities for the healthy development of all personsD spirit, mind and body; and WHEREAS, YMCA provides such activities in a wholesome, alcohol-free and dmg-free environment for all people in Monroe County; and WHEREAS, it is a legitim;lle public purpose to provide facilities and services for recreational llse and social functions of the community in a wholesome environment; NOW, THEREFORE, in consideration of the covenants hereinafter to be kept and preformed, the COUNTY hereby agrees to allow YMCA to manage and schedule recreational activities at that certain property described as follows: 1. PREMISES. Lots 312 to 384, Port Largo Fourth Addition, Section 33, Township 6IS, Range 39E, Monroe County, Florida. This parcel contains 615,623 square feet and is known as the Key Largo Community Park (hereinafter PARK). 2. TERM. The teon of this management agreement shall be for one (1) year, commencing /'A fA Y IS. 2000, and shall be teoninated after said period, unless extended pursuant to the terms of this management agreement. , ; 3. EXTENSIONS. This management agreement may be extended for two (2) addilional periods of one yc.1r if YMCA provides to the COUNTY written nOlwcation of YMCAOs inteut to extend the management agreement at Ic.1st thirty (30) days prior to the expiration of the management agr~ment. Such extension is not available, however, if the COUNTY has provided to YMCA written notification of its intent not to consent to an extension at least Si:\1y (60) days prior to the expiration date of this management agreement. , 4. USE OF PREMISES. The PARK shall be actively used to provide a recreational program for the Key Largo area. The COUNTY hereby enters into this management agreement with YMCA to operate said recreational program. During the operation of YMCA based programs, the YMCA will be held responsible for supervision of the programming area. If the YMCA observes a nuisance or any illegal or immoral activities, including any alcoholic beverages or unlawful narcotics being possessed, used or consumed by persons on the premises, they will immediately contact the Public Works representative listed in Section 30 of this agreement and the SherinDs Department. ~~ 5. HOURS OF OPERATION. PARK hours of operation are established by the Board of COllnty Commissions of Monroe County, Florida, and are currently set from 7:00 a.m. to 8:30 p.m., seven days per week, 365 days per year. All YMCA programs will take place during the hours of operation of the PARK, except for the fOllowing holidays: New Years Day, Easter Sunday, Memorial Day, Fourth of July, Lahor Day, Thanksgiving D:IY, and Christmas Day. 6. SCHEDULING OF ACTIVITIES. YMCA will schedule all PARK activities and requests for lIse of or evenls at the PARK. Except during league play, YMCA agrees to leave one basketball COllI1, one baseb:lll field and two tennis couI1s (at least one lighted tennis COUI1) opcn for use by the gencral comlllunily. Thc YMCA will be exempt from liability for incidents not directly related to YMCA scheduled activities and/or events. Further, YMCA agrees to allow the COUNTY the precedence of scheduling authorized activities or events, no more then ten (10) times in a calendar year, at the PARK. The COUNTY will notify YMCA of the events or activities, but YMCA will be exempt from liability for said events. 7. FEES AND PROGRAMS. YMC~ will schedule all youth baseball and soccer leagues; however, such leagues are exempt from paying any YMCA fees. No participant will ever be turned away from the YMCA's programs. YMCA agrees to offer programs at reasonable rates and to allow all persons into their programs regardless of their ability to pay. All rates wiII vary depending upon membership as a YMCA Member, a Program Member or a Non-Member. Rates arc as follows: Youths Sports Leagues: Tennis Lessons: Exercise Programs: YMCA Member $40; Program Member $50; Non-Members $75." YMCA Member $53; Program Member $63; Non-Members $73. YMCA Member $20; Program Member $30; Non-Members $40. Adult League rates will vary depending upon the sport and the length of league play. The YMCA may add additional programs, upon written request to the County Administrator, who may temporarily approve the new programs, pending approval of a formal, written amendment to this management agreement by the Board of County Commissioners. 8. CONCESSION STAND. The YMCA shall ope~ate the con~ession stand located at the PARK. based upon demand or during scheduled events and programs. The concession stand shall not be open beyond PARK. hours except during properly scheduled activities and events. CommOdities to be sold at the concession stand'shall include healthy foods, drinks, real juiCG products, bottled water and snacks and must be sold at prices comparable with other like concessions in the surrounding area. No items may be sold in glass containers. YMCA may collaborate with other organizations to operate the concession stand; however, the YMCA will be entitled to the right of refusal in this regard. YMCA will furnish all necessary equipment and Ihrnishings needed to operate the concession stand, and upon termination of this management agreement, all such equipment and furnishings will become the property of the YMCA. The COUNTY will install all electrical wiring and plumbing needed to allow YMCA to have the concession equipment' properly installed. All revenue derived from the concession stand will be deposited, utilized and accounted for by the YMCA. 9. VENDING MACHINES. The YMCA is pernlitted to have vending machines at COUNTY approved locations in the PARK. The YMCA will coordinate with vending machine companies to provide vending machines that include real juice produS!s and bottled water, in plastic or aluminum containers. YMCA wiII coordinate the servicing of and any repairs to vending machines with the vending machine companies. All revenues derived from the vending machines will be deposited, utilized and accounted for by the YMCA. The vending machines will be locked during concession stand hours of operation. 10. OFFICE SPACE. YMCA is permitted to set up an office and have telephone service established in the press box. YMCA will have exclusive access to the office space located within the press box. YMCA will be responsible for all furnishings, equipment and telephone charges associated with this office space. 4 4 II. UTILITIES. The COUNTY will be responsible for all utilities charges associated wilh the PARK, with the exception of telephone service for the YMCA office located in the press box. 12. SIGNAGE. YMCA is pcnnilled to install YMCA signs and rules & regulations signs, upon COUNTY approval, contingent upon YMCA receiving any necessary permits, as well as appropriate :Jpprovals and clc.1rances from utility companies. COUNTY will install scheduling signs by the tennis courts, and signs for the Vita Course marking distances in the PARK for mileage. 13. COMPLAINTS. YMCA and COUNTY :Jgree to work together in close commuuicafion concerniug ;dJ grievances and complllinls. 14. IMPROVEMENTS. TIle COUNTY may remodel, renovale nr rcconslmct any buildings, stmctures or pavilions on the premises. In addition, the COUNTY is responsible for .all resurfacing and major work at the PARK. 15. MAINTENANCE. COUNTY staff will perform and be responsible for all maintenance of the buildings and improvements at the PARK and wiIl'maintain and stock the batllrooms daily. The COUNTY wiIl accept any and all responsibility for accidents and lncidents related to the maintenance and renovation of the facility. FUI1hermore, the YMCA wiII be exempt from any and all liability related to the COUNTY'S maintenance of the facility, however, if the YMCA observes any dangerous conditions onsite, they will immediately contact the Public Works representative indicated in Section 30 of this agreement. 16. FUNDRAISING. All fundraising and fees charged in connection with the PARK shall only be used to benefit the PARK. The YMCA will be responsible for the collection of the above mentioned fundraising and fees. In addition, the YMCA will decide upon the appropriate disbursements and allocation of the these funds. 17. ACCOUNTINGIINSPECTION OF BOOKS/ANNUAL AUDIT. The YMCA shaIl maintain its financial records in accordance with generally accepted accounting principles and aIlow the COUNTY to inspect its books and records at any reasonable time. YMCA shaIl, at its expense, provide the COUNTY with an annual audit prepared by an Independent CeI1ified Public Accountant. YMCA shall retain all records peI1aining to this management agreement for a period of three years after the term expires. I 8. CANCELLATIONS. Either paI1y hereto may cancel this management agreement with or without cause by giving the other paI1y sixty (60) days wriUen notice sent certified mail of its intentions to do so. 19. RETURN OF PREMISES. At. the end of the tenn of this management agreement or any extensions thereof, YMCA shall vacate and peacefully surrender the premises to tlle COUNTY. YMCA shaIl not suITer or permit any waste to OCcur to the premises during the tenn of this management agreement. 20. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, tlle YMCA is an independent contractor and not an empl?yee of the Monroe County Board of County Commissioners. No statement contained in this management agreenTent shall be construed so as to find YMCA or any of its employees, contractors, servants or agents to be employees of the Board of County Co!umissioners. 21. INDEMNIFICATION AND HOLD HARMLESS. YMCA covenants and agrees to indemnify :lIld hold hannlcss Monroe County Board of County Commissioners from any and all claims for bodily injury (including dc.:1th), personal injury, and propeI1y daI1lages (including propeI1y owned by Monroe County) and any other losses, damages, and expenses (including attomeyDs fees) which arise out of, in connection with, or by reason of YMCA scheduled activities and events governed by this management agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere \Villlin this management agreement. 22. INSURANCE. Prior to YMCA taking possession of the propeI1y owned by the COUNTI', or commencing its operations, YMCA shall obtain, at its own ,expense, insurance as specified in the allached schedules, which are made part of this management agreement. YMCA wiIl not be pernlitted to occupy or use the property until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. YMCA shall maintain thc requircd insurance throughout thc entirc tcon of this managcmcnt agrccmcnt and any extension specified in the allached schedules. Failure 10 comply with Ihis provision may result in rhe immedi:lle termination of the management agreement :lIld the return of all property owned by the COUNTY. YMCA shall provide, 10 Ihe COUNTY, as salisfaelOry eVidence of Ihe rcqnircd insurance, eilher a certificale of insurance or a cenified copy of the actual insurance policy. The COUNTY, at ils sole oplion, has !he righl to roqUeSl a certified copy of aoy 0' .11 insuraoce policies roquircd by this contract. , All insurance policies muSl specify tllllt\tiey .re nOI subject to caocellation, non-renewal, materiat change, 0' rcduelion in coverage unless a minimum nf Ihirty (30) days prio, notificalioo is given to the COUNTY by Ihe insurer. TI,e aCCeptance .ndlo, approvat of YMCAOs insu"lOce shall nOI be conslrued .s relieving YMCA fmm nny liability or obligation assumed under this management agreement or imposed by law. The MOMoc Connly Board of Counly Commissione" will be included as OAddilionally InSU'edO on .11 policies, including the pnlicies of all oeg.nizalinns Ulilizing Ihe PARK fo, Scheduled pmg,","s. Thc COUNTY will also he named as DLoss PayeeD with respect to Fire Legal Exposure. Any deviations from these General Insurance Requirements must be requested in WfI(1/1g on the COUNTY prepared fonn enlilIed IJRequest for Waiver of Insurance RequirementsD and approved by Monroe County Risk Management. 23. COMPLIANCE WITH LAW. In providing all services pur.suant to this managemenl agreement, YMCA shall abide by all statutes, ordinances, and rules and regulations penaining to or regulation the provisions of such services, including those in effect and those hereinafter adopted. Any violation of said statutes, ordinances or'rules and regulations shall constitute a material breach of this management agreement and shall entitle the COUNTY to tenninate this management agreement immediatcly upon dclivcry of written noticc of tcnnination to YMCA, and 111C COUNTY may thereupon re-enter the premises. 24. PROFESSIONAL RESPONSIBILITYILICENSING/ARTICLES OF INCORPORATION. YMCA shall assure that all professionals have current:and appropriate professional licenses and profession;:)1 liability insurance coveragc. Upon exccution of this manag~ment agreement, the YMCA will provide the COUNTY with a copy of its Articles of Incorporation and a list of its Board of Directors. 25. MODIFICATIONS AND AMENDMENTS. Any and all modifications to this management agrcement or to any of the services provided shall require an amendment to this management agreement to be approved in writing by both parties hereto. 26. NO ASSIGNMENT. YMCA shall not .ssign Ihis m.nagement .g,ccment 0' suhlease the premises excepl in wriling .nd with prio, wrillen app'oval of Ihe BOO'd of Connly Commissionel'S, which approval shall be subjccI to such conditions and provisions as the Board may deem necessary. This management agreement shall be inco'JlOmled by reference inlo any .ssignmenl .nd .ny .ssigncc sh.1l comply with all pmvisions he,ein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the COUNTY. ~~ 27. NON-DISCRIMINATION. YMCA sh.1l not discriminate .gninst .ny pc"on on thc hasis ofcacc, Creed, color, national origin, sex or sexual orientation, age, physical handicap or any other characteristic or aspect which is not job-related in its recruiting, hiring, promoting, tenninating or any other arca affecting employment under this managemenl agreement. At all times, YMCA shall comply with all applicable laws and regulations with regard to employing 111e most qualified person(s) for positions under this management agreement. Addilionally, YMCA shall not discriminate against any perSOIl on the basis of race, creed, color, national origin, sex or sexual odcnlalion. 'ge, physical h,ndicap. financ;.' "atns 0' 'ny othe, ch....clerislie 0' aspecl in reg.,d to pmvidinp, services hereunder. ~., . ':. , ~..',.,I.~'~;"'~., 28. AUTHORIZED SIGNATORY. The signatory for YMCA, below, certifies and warrants that: a) YMCAOs name in this managemen' agreement is i's fnU name as designated in its corpora'e charter, if a corporation, or the full name under which Y1vfCA is authorized to do business in the State of Florida. b) He or she is empowered to act and contract for YMCA. c) This management agrccm~nt shall been approved by the Board of Directors of YMCA, if YMCA is a corporation. '. 29. NOTICE. Any noHcc ""Iui'ed 0' pcnnilled unde, this management agn:cmen' shall be in wriHng and hand-<lelive,cd n, mailed, postage pee-paid, by cenifoed mail, eetum l'CCCipt ""IueSled, '0 'he o'he, pany as follows: FOR COUNTY Monroe County Public Works 5100 College Road Key West, Florida 33040 FOR YMCA YMCA of Greater Miami, Inc. 175 SW 15th Road Miami, Florida 33129 30. CONTACT PERSONS. The following, or their designees, arc the contact persons in connection Wilh this management agrccment: FOR COUNTY Building Administrator Ken Thulin Office Phone: 852-7161 FOR YMCA Executive Director - Upper Keys YMCA or South District Executive Director 31. CONSENT TO lUIUSDICTION. 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 agrccment shall be in Monroe County, Florida. 32. NON-WAIVER. Any waive, 0' any b":"ch nf covenanls he,ein comained 10 be kepi ""d pe'fonned by YMCA shall not be deemed or considered as a continuing waiver and shall nol operate (0 bar or prevent the COUNTY from declaring a forfeiture fur any succeeding breach, either of the sallle condition or covenants or othenvise. ,:..... ....':IN.~WlTNESS WHEREOF. the parties hereto have set their hands and seals on (he day first wrillen above. ", -'.: .~.. :'. i).C . BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~~[~ Witnesses: Bl'/k~j)_ BY~'CO~rJZ.JL. By: Title: APPROVED A -At AS TO Fqh~^1 B ::(7\" /~ ROl>f].IN .<;{ DAT/' _G~~..~ "--.17"b