Item C22
BOARD OF COUNTY COMMISSIONERS
AGENDAITEMSU~RY
Meeting Date: February 18, 2009
Division:
Public Works
Bulk Item: Yes x
No
Department: Facilities Maintenance
Staff Contact PersonlPhone #:1 ohn W. King/292-4531
AGENDA ITEM 'VORDING: Approval to pay Big Pine Athletic Association, Inc. on month-to-
month basis for temporary management of the Big Pine Skate Park pending a February 18, 2009 re-bid
opening for permanent management and ratifying the August 22, 2008 agreement.
ITEM BACKGROUND: Bids for permanent park/skate park management were set to be opened
September 25, 2008, however, Big Pine Key Park was completed and opened August 22, 2008. The
skate park needed temporary management in the interim, so staff requested proposals by August 15,
2008 for temporary skate park management from three agencies, Big Pine Athletic Association, Inc.,
The YMCA of Greater Miami, and Boys and Girls Clubs. There was only one respondent, Big Pine
Athletic Association, Inc. (BPAA) proposing $3,850.00 per month, and they started August 22,2008.
On September 25, 2008, two bids for management of the new Big Pine Park and Skate Park were
received and opened; both were over the projected FY09 budget. Staff has now modified the
management scope, and obtained a re-bid opening date of February 18, 2009. Unfortunately, this
action has necessitated Big Pine Athletic Association to continue to manage the skate park on a month-
to-month basis for a longer period of time than originally anticipated.
PREVIOUS RELEVANT BOCC ACTION: On June 18, 2008, the BOCC approved advertising for
an ordinance amending Sec. 13-5.5 of the Monroe County Code to create the Big Pine Key Park, and
on July 16, 2008, the BOCC approved an ordinance amending Sec. 13-5.5 of the Monroe County Code
creating Big Pine Key Park. On August 20, the BOCC approved Resolution 245-2008, ratifying rules
and regulations for the skate park. On November 19, 2008, the BOCC approved rejecting the two
proposals and re-advertising for sealed bids for permanent management of the Big Pine Key Park and
Skate Park.
CONTRACT/AGREEMENT CHANGES: Ratify the August 22,2008 agreement resulting from
the three proposal requests, and approve to pay BP AA on a month-to-month basis until permanent
management has been selected.
ST AFF RECOMMENDATIONS: Approval
TOTAL COST: $3,850.00/month
COST TO COUNTY: $ same
INDIRECT COST: BUDGETED: Yes X No
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes No x AMOUNT PER MONTH $ Year $
APPROVED BY: County Atty d!j O~rchasing Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
MEMORANDUM
DATE:
January 15,2009
TO:
Dent Pierce, Division Director
Public Works
FROM:
John W. King, Sr. Director
Lower Keys Operations
RE:
Agenda Item - February 18, 2009 BOCC Meeting
Approval to Pay Big Pine Athletic Association for
Temporary Big Pine Key Skate Park Management
Bids for permanent park management were set to be opened September 25, 2008; however,
Big Pine Key Park was completed and opened August 22, 2008. The skate park needed
temporary management in the interim, so staff requested proposals by August 15, 2008 for
temporary skate park management from three agencies, Big Pine Athletic Association, Inc.,
The YMCA of Greater Miami, and Boys and Girls Clubs. There was only one respondent,
Big Pine Athletic Association, Inc. proposing $3,850.00 per month, and they were able to
start immediately.
On September 25, 2008, two bids for management of the new Big Pine Park and Skate
Park were received and opened, but both were over the projected FY09 budget.
Staff has now modified the management scope, and obtained a re-bid opening date of
February 18, 2009. Big Pine Athletic Association continues to temporarily manage the
skate park on a month-to-month basis.
I hereby request approval to pay Big Pine Athletic Association for temporary management
of the Big Skate Park.
JWKljbw
Enclosures
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Big Pine Athletic Assoc Contract #
Effective Date: Month-to-month
Expiration Date:
Contract Purpose/Description:
Month-to-month Big Pine Key Skate Park Management until a permanent management
contract is awarded - re-bid date is February 18, 2009, and ratification of 8/22/08 agreement
Contract Manager: J 0 Walters 4549 Facilities Maint/Stop #4
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 02/18/09 Agenda Deadline: 02/03/09
CONTRACT COSTS
Total Dollar Value of Contract: $ 3,850.00/mo Current Year Portion: $
Budgeted? YesC8J No D Account Codes: ~.20503-530-340-_
Grant: $ N/ A
County Match: $ N/ A
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Ij>~tf ~n Needed I !
Division Director d-J.j..l.!L~ YesD N00 , )- . 0
RiskManag~ent ~ YeSDNO~ a-tj'-07
J~~B.lPur~~~~g 7.-JyOl YeSDNodJ-~' ;( (3{
County Attorney I j2:B/.Q.q YesD No~ ~1il.JQ.~1f-fydTfi'l.1.b.. ~ ~
Comments:
OMB Form Revised 2/27/01 MCP #2
BID FORM
BID FROM:
13{Ci PINt: ATi.U..i:?TiL A:556c-1ArloAJ
The undersigned, having carefully examined the work, specifications, proposal, and addenda thereto and other
Contract Documents for the services of:
OPERATION AND MAINTENANCE OF
BIG PINE KEY SKATE PARK
DATE:
?(/ls/o8
. f
And having become familiar with all local conditions including labor affecting the cost thereof,
and having familiarized himself with material availability, Federal, State, and Local laws,
ordinances, rules and regulations affecting performance of the work, does hereby propose to
furnish labor, tools, material, equipment, transportation services, and all incidentals necessary to
perform and complete said work in a workman-like manner, in conformance with specifications,
and other contract documents including addenda issued thereto
7lt;RE ~ rflOUS~/Ut0 E/t)/lr #UA./fJJ2t=D AA/D At::TY WLU1JZS
A mount of bid in writing - per month
$3R5(),00
Amount of bid in numbers
Per Month
If there is a conflict between the bid in words and the bid in numbers, the bid in words will take
precedence.
Signed~ ~
Title: -PrzS"5 \ 'D~T
Name: 5TE. VE. ~J t../-t:: ~_
Phone: 30::5 - ~ 7 Z - 0 z.. q :2..
Mailing Address: ~ 13c)X 430089-
81q PrNE tL.:EY) r::"L;
33 0 ..y a
Fax: 305 - <672-- 70~9
2
Public Works Division
Facilities Maintenance Department
3583 South Roosevelt Boulevard
Key West, FL 33040
Phone: (305)292-4431
Fax: (305) 295-3672
('.~..--
BOARD OF COUNTY
Mayor Charles "Sonny" McCoy, District 3
Pro Tern Dixie M. Spehar, District 1
George Neugent, District 2
Mario Di Gennaro, District 4
Glenn Patton, District 5
O~I!rY ~o~~~E-
(305) 294-4641
~'6-
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'0<;)
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REQUEST FOR PROPOSAL
for
Operation and Maintenance of
Big Pine Key Skate Park
Big Pine Key, Monroe County, Florida
SCOPE:
See attached Exhibit "A"
INSURANCE/LICENSE: Contractors shall provide proof of proper licensure when
submitting the proposal. Proof of insurance is only required from the selected
contractor.
PROPOSAL SUBMITTAL: No later than 3:00 p.m. on August 15, 2008, all interested
parties shall submit on the Bid Form provided for a monthly price to perform the
services described on Exhibit "A". A copy of the contractor's license and this proposal
request must accompany the price proposal. Faxes will be accepted, but it is the
contractor's responsibility to insure that the facsimile transmitted properly. Fax bid form
and all correspondence to:
Monroe County Facilities Maintenance
Public Works Division
(305) 295-3672
Additional Information for review: See attached Composite Exhibit "B"
1. Forms required to be executed by selected contractor
2. Draft Agreement with Proposed Resolution - Rules and
Regulations
3. Insurance requirements
4. Sample Release and Waiver Form
5. Site Improvements - 2 pages (C-1 and C-170f Project Bid
Specifications)
EXHIBIT "A"
SCOPE/SPECIFICA TIONS
1. SKATE PARK
A. On August 20, 2008 Board of County Commission meeting, a Resolution will be
submitted for approval adopting rules and regulations governing the use of the Big Pine Key
Skate Park, which is very near completion. A contractor is needed to temporarily manage and
operate the Skate Park on a month-to-month basis in accordance with said rules and regulations
as described on this Resolution, and as same may be amended from time to time (Resolution No.
_-2008 is attached to this sample contract and marked Exhibit "A"). This agreement shall
terminate upon bid award and execution of an operation and management contract for Big Pine
Key Park and Skate Park by the Monroe County Board of County Commissioners at a later date.
The CONTRACTOR shall carry liability insurance which covers skate park operations
and shall name Monroe County as an additional insured for such coverage as described
below.
B. At a minimum, the Skate Park shall open at 10:00 a.m. each day other than
(January 19, Memorial Day, July 4, Labor Day, Thanksgiving Day, 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.
2. PARK REVENUES I CONCESSION REVENUES
All revenue generated at the PARK site by the CONTRACTOR must be deposited in a separate
account at a federally insured financial institution with an office in Monroe County. All revenue
generated at the. PARK site must be spent for recreational programs and activities at the PARK,
minus up to five (5) percent of the revenues which shall be spent for administrative overhead
(i.e., bookkeeping, billing, payroll, consultant fees) made necessary by the CONTRACTOR'S
park programs, activities and entrance fees. All PARK revenue records and accounts must be
kept according to generally accepted accounting principles and made available during regular
business hours (Monday-Friday, 9:00 a.m. - 5:00 p.m., holidays excepted) to auditors employed
by either Monroe County or the State of Florida. If an auditor employed by the COUNTY or the
State determines that revenue generated at the PARK was spent for a purpose or purposes not
authorized by this contract, then the 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 improvements or maintenance.
3. CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS
The Proposer/Respondent shall be responsible for all necessary insurance coverage as
indicated below. Certificates of Insurance must be provided to Monroe County within
fifteen (15) days after award of contract, with Monroe County BOCC listed as additional
insured as indicated. If the proper insurance forms are not received within the fifteen
(15) day period, the contract may be awarded to the next selected Proposer/Respondent.
Policies shall be written by companies licensed to do business in the State of Florida and
having an agent for service of process in the State of Florida. Companies shall have an
A.M. Best rating of VI or better. The required insurance shall be maintained at all times
while Proposer/Respondent is providing service to County.
Worker's Compensation
Employers' Liability Insurance
General Liability, including
. Premises Operation
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
(including Skate Park Liability Insurance)
Vehide Liability
(Owned, non-owned and hired vehicles)
Statutory Limits
$500,000 Accident
$500,000 Disease, policy limits
$100,000 Disease each employee
$1,000,000 Combined Single Limit
or
$500,000 per person
$1,000,000 per occurrence
$10,000 Property Damage
$1,000,000 Combined Single Limit
or
$1,000,000 per occurrence
$500,000 per person;
$100,000 Property Damage
MONROE COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON ALL
POLICIES EXCEPT WORKER'S COMPENSATION.
4. INDEMNIFICATION
The Proposer/Respondent to whom a contract is awarded shall defend, indemnifY and hold
harmless the County as outlined below:
The Proposer/Respondent covenants and agrees to indemnifY, hold harmless and defend
Monroe County, its commissioners, officers, employees, agents, and servants from any and
all claims for bodily injury, including death, personal injury, and property damage, including
damage to property owned by Monroe County, and any other losses, damages, and expenses
of any kind, including attorney's fees, court costs and expenses, which arise out of, in
connection with, or by reason of services provided by the Proposer/Respondent or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the Proposer/Respondent, its Subcontractor(s) in any tier, their officers,
employees, servants or agents.
In the event that the service is delayed or suspended as a result of the Proposer's failure to
purchase or maintain the required insurance, the Proposer 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 Proposer is consideration for the
indemnification provided for above. The extent of liability is in no way limited to, reduced,
or lessened by the insurance requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the contract
OPERATION AND MAINTENANCE OF BIG PINE KEY SKATE PARK (MONTH-TO-MONTH)
BIG PINE KEY, FLORIDA
AGREEMENT FOR
BIG PINE KEY SKATE PARK
MONROE COUNTY, FLORIDA
This Management Agreement is made and entered into this :4:t day of.A v.le.J u.c:.. T ,
2008, between -MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and BIG
PINE ATHLETIC ASSOCIATION ("CONTRACTOR"), a 501-3-C corporation, whose
address is Post Office Box 430089, Big Pine Key, FL 33043.
WHEREAS, it serves a legitimate public purpose to provide a skate park in Big Pine
Key; therefore,
IN CONSIDERATION of the mutual promises and covenants contained hereinafter to
be kept and preformed, the COUNTY and the CONTRACTOR agree that the CONTRACTOR
shall manage the skate park at Big Pine Key Park, it is agreed as follows:
1. THE AGREEMENT
The Agreement consists of this document, the proposal documents, the bid documents and the
exhibits only.
2. PREMISES
Skate Park located at 31009 Atlantis Boulevard, Big Pine Key, Florida (Tract A, Whispering
Pines' subdivision, Plat #3 as recorded in Plat Book 4 at Page 59 in the Public Records of Monroe
County, Florida [RE#286360-000000], formerly known as Mariners Resort), hereinafter PARK.
3. SCOPE OF THE WORK
The Contractor shall provide management and operation of the Skate Park in accordance with the
specifications entitled: Management Agreement for Big Pine Key Skate Park, Monroe County,
Florida
4. TERM OF AGREEMENT
The term of this management agreement shall be on a month-to-month basis to allow for
preparation of a RFP and award of bid for management of Big Pine Key Park and Skate Park.
5. SKATE PARK
A. On August 20, 2008 Board of County Commission meeting, a Resolution will be
submitted for approval adopting rules and regulations governing the use of the Big Pine Key
Skate Park, which is very near completion. A contractor is needed to temporarily manage and
operate the Skate Park on a month-to-month basis, as same may be amended from time to time
(Resolution No. _-2008 is attached to this sample contract and marked Exhibit "A"). This
agreement shall tenninate upon bid award and execution of an operation and management
contract for Big Pine Key Park and Skate Park by the Monroe County Board of County
Commissioners at a later date. The CONTRACTOR shall carry liability insurance which
AGREEMENT (MONTH-TO-MONTH)
-1-
August 2008
OPERA TlON AND MAINTENANCE OF BIG PlNE KEY SKATE PARK (MONTH- TO-MONTH}
BlG PINE KEY, FLORIDA
covers skate park operations and shall name Monroe County as an additional insured for
such coverage.
B. At a minimum, the Skate Park shall open at 10:00 a.m, each day other than
(January 19, Memorial Day, July 4, Labor Day, Thanksgiving Day, and Christmas Day) and
shall remain open as follows:
Until 6:00 p.m,: November, December, and January;
Unti16:30 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. If this change is made, this contract will be amended to include BMX
bikes and additional operating hours as activities requiring supervision and management by the
CONTRACTOR.
6. PARK REVENUES I CONCESSION REVENUES
All revenue generated at the PARK site by the CONTRACTOR must be deposited in a separate
account at a federally insured financial institution with an office in Monroe County. All revenue
generated at the PARK site must be spent for recreational programs and activities at the PARK,
minus up to five (5) percent of the revenues which shall be spent for administrative overhead
(i.e., bookkeeping, billing, payroll, consultant fees) made necessary by the CONTRACTOR'S
park programs, activities and entrance fees, All PARK revenue records and accounts must be
kept according to generally accepted accounting principles and made available during regular
business hours (Monday-Friday, 9:00 a.m. - 5:00 p.m., holidays excepted) to auditors employed
by either Monroe County or the State of Florida. If an auditor employed by the COUNTY or the
State determines that revenue generated at the PARK was spent for a purpose or purposes not
authorized by this contract, then the 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 improvements or maintenance.
7. AMOUNT:
The COUNTY shall pay CONTRACTOR Three Thousand Eight Hundred and Fifty Dollars and
no/I00--($3,850.oo) per month in arrears. The CONTRACTOR shall provide a monthly invoice
to the Division of Public Works, and payment shall be made according to the Local Government
Prompt Payment Act.
8. OFFICE SPACE
The CONTRACTOR is permitted to set up an office and have telephone service established in
the press box and office space. The CONTRACTOR will have exclusive access to the office
space located in the community building. The CONTRACTOR will be responsible for all
furnishings, equipment, and telephone charges associated with this office space.
AGREEMENT (MONTH-To-MONTH)
-2-
August 2008
OPERATION AND MAINTENANCE OF BIG PINE KEY SKATE PARK (MONTH-TO-MONTH)
BIG PINE KEY. FLORIDA
9. UTILITIES
The COUNTY will be responsible for all utilities charges associated with the PARK, with the
exception of telephone service for the CONTRACTOR'S office located in the press box and
office.
10. 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.
11. 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.
12. 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 8, 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.
13. MAINTENANCE
COUNTY staff will perform and be responsible for all maintenance of the buildings, fields,
groimds and improvements at the PARK and will maintain and stock the bathrooms daily.
Notwithstanding an~g 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 related to the COUNTY'S maintenance of the facility, however, 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 27 of this agreement.
14. FUNDRAISING
All fees charged in connection with the PARK shall be used only to benefit the PARK. Any
funds collected by the CONTRACTOR through fundraising activities at the PARK shall also be
used solely to benefit the PARK. The CONTRACTOR will be responsible for the collection of
the aboveMmentioned fundraising and fees, but shall have no obligation to pursue any person for
collection of bounced checks or other nonMpayment. The CONTRACTOR will decide upon the
appropriate disbursements and allocation of these funds for PARK purposes, and any audit by
COUNTY or its agents which discloses improper application of such funds to any use other than
for the benefit of the PARK shall be repaid to County by the CONTRACTOR.
AGREEMENT (MONTH-TO-MONTH)
-3-
August 2008
OPERATION AND MAINTENANCE OF BIG PINE KEY SKATE PARK (MONTH-TO-MONTH)
BIG PINE KEY, FLORIDA
15. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate
licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request.
16. FINANCIAL RECORDS OF CONTRACTOR
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four years following the termination
of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies
paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the CONTRACTOR shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR.
17. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection
of, all documents, papers, letters or other materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and
CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR.
18. HOLD HARMLESS AND INSURANCE
CONTRACTOR 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 services provided by CONTRACTOR occasioned by the negligence, errors, or
other wrongful act or omission of CONTRACTOR, its employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the
requirements of this section shall be cause for immediate termination of this agreement.
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.
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of
Insurance indicating the minimum coverage limitations in the following amounts:
WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where
applicable, coverage to apply for all employees at a minimum statutory limits as required by
Florida Law, and Employer's Liability coverage in the amount of $500.000.00 bodily injury by
AGREEMENT (MONTH.TO-MONTH)
-4-
August 2008
OPERATION AND MAINTENANCE OF BIG PINE KEY SKATE PARK (MONTH-TO-MONTH)
BIG PINE KEY. FLORIDA
accident, $500.000.00 bodily injury by disease, policy limits, and $500.000.00 bodily injury by
disease, each employee. .
C01vfPREHENSNE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle
liability insurance, including applicable no-fault coverage, with limits of liability of not less than
$1.000.000.00 per occurrence, combined single limit for Bodily Injury Liability and Property
Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all
hired vehicles. If single limits are provided, the minimum acceptable limits are $500.000.00 per
person, $1.000.000.00 per occurrence, and $100.000.00 property damage. Coverage shall
include all owned vehicles, all non-owned vehicles, and all hited vehicles.
COMMERCIAL GENERAL LIABILITY. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
(including Skate Park Liability Insurance)
The minimum limits acceptable shall be:
Commercial general liability coverage with limits of liability of not less than $1.000.000.00 per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. If
single limits are provided, the minimum acceptable limits are $500.000.00 per person,
$1.000.000.00 per occurrence, and $100.000.00 property damage.
MONROE COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON ALL
POLICIES EXCEPT WORKER'S COMPENSATION.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the
COUNTY at the time of execution of this Agreement and certified copies provided if requested.
Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar
days' written notice shall be provided to the COUNTY before any policy or coverage is canceled
or restricted. The underwriter of such insurance shall be qualified to do business in the State of
Florida. If requested by the County Administrator, the insurance coverage shall be primary
insurance with respect to the COUNTY, its officials, employees, agents and volunteers.
19. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY
and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance
coverage, self~insurance coverage, or local government liability insurance pool coverage shall
not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement
entered into by the COUNTY be required to contain any provision for waiver.
20. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners of Momoe County. No
AGREEMENT (MONTH- TO-MONTH)
-5-
August 2008
OPERATION AND MAINTENANCE OF BIG PINE KEY SKATE PARK (MONTH-TO-MONTH)
BIG PINE KEY, FLORIDA
statement contained in this agreement shall be construed so as to find CONTRACTOR or any of
his employees, subs, servants, or agents to be employees of the Board of County Commissioners
of Monroe County.
21. NONDISCRIMlNATION
The parties 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. The parties 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
prohibit discrimination in employment on the basis of race, color, religion, sex, and national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ~~ 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 ~ 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 use ~~ 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, 9~ 523 and 527 (42
use ~~ 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 ~~ 3601 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 ~~ 1201), as amended from time to time,
relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial status or age;
and 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.
22. ASSIGNMENT/SUBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this agreement to others,
except in writing and with the prior written approval of the Board of County Commissioners of
Monroe County, which approval shall be subject to such conditions and provisions as the Board
may deem necessary. This paragraph shall be incorporated by reference into any assignment or
subcontract and any assignee or sub shall comply with all of the provisions of this agreement.
Unless expressly provided for therein, such approval shall in no manner or event be deemed to
impose any additional obligation upon the board.
23. COMPLIANCE WITH LAW AND LICENSE REOUIREMMENTS
In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all
laws of the Federal and State government, ordinances, rules and regulations pertaining to, or
regulating the provisions of. such services, including those now in effect and hereinafter adopted.
Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and
AGREEMENT (MONTH-TO-MONTH)
-6-
August 2008
OPERATION AND MAINTENANCE OF BIG PINE KEY SKATE PARK (MONTH-TO-MONTH)
BIG PINE 1'..8', FLORIDA
State government. Any violation of said statutes, ordinances, rules and regulations shall
constitute a material breach of this agreement and shall entitle the Board to terminate this
Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with
these specifications throughout the term of this Agreement.
24. DISCLOSURE AND CONFLICT OF INTEREST
CONTRACTOR represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, w4ich would conflict in any
manner with the performance of services required by this contract, as provided in Sect. 112.311,
et. seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR
shall notify the COUNTY of any financial interest it may have in any and all programs in
Momoe County which the CONTRACTOR sponsors, endorses, recommends, supervises, or
requires for counseling, assistance, evaluation, or treatment. This provision shall apply whether
or not such program is required by statute, as a condition of probation, or is provided on a
voluntary basis.
COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR
agrees that the COUNTY shall have the right to tenninate this Agreement without liability and,
at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
25. NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTY's credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness.
CONTRACTOR further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this contract.
26. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested~ to the
following:
AGREEMENT (MONTH-TO-MONTH)
-7-
August 2008
OPERATION AND MAINTENANCE OF BIG PINE KEY SKATE PARK (MONTH-TO-MONTH)
BIG PINE KEY, FLORIDA
FOR COUNTY:
Monroe County Public Works
1100 Simonton St., Rm. 2-231
Key West~ Florida 33040
and
Monroe County Administrator
1100 Simonton St., Rm. 2-205
Key West, FL 33040
FOR CONTRACTOR:
Big Pine Athletic Association
Post Office Box 430089
Big Pine Key, FL 33043
27. CONTACT PERSONS
The following, or their designees, are the contact persons in connection with this management
agreement:
FOR COUNTY
Building Administrator
Office Phone: 305-
Cell Phone: 305-
If not available contact:
Public Works Division
Office Phone: 305-292-4560
or
County Administrator's Office
Office Phone: 305-292-4441
FOR CONTRACTOR
Big Pine Athletic Association
Post Office Box 430089
Big Pine Key, FL 33043
28. TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall
not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers
for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized
to use the COUNTY's Tax Exemption Number in securing such materials. CONTRACTOR
shall be responsible for any and all taxes, or payments of withholding, related to services
rendered under this agreement.
29. CANCELLATION
Either party hereto may cancel this management agreement with or without cause by giving the
other party sixty (60) days written notice sent certified mail of its 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 7, and any reasonable termination payments made to the Park Manager and
other staff). This agreement will terminate upon execution of a management agreement for Big
Pine Key Park and Skate Park.
AGREEMENT (MONTH-TO-MONTH)
-8-
August 2008
OPERATlONAND MAINTENANCE OF BIG PINE KEY SKATE PARK (MONTH-TO-MONTH)
BIG PINE KEY, FLORIDA
30. 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.
31. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to Agreements made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in
the appropriate court or before the appropriate administrative body in Monroe County, Florida.
32. MEDIATION
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Ru1es of Civil Procedure and usual and customary procedures required by the circuit
court of Monroe County.
33. SEVERABILITY
If any term, covenant~ condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction~ the remaining terms~ covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term~ covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants~ conditions and provisions of
this Agreement wou1d prevent the accomplishment of the original intent of this Agreement. The
COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
34. ATTORNEY'S FEES AND COSTS
COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in both trial
and appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-
of-pocket expenses whether it is the prevailing party or not, through all levels of the court
system.
AGREEMENT (MONTH-TO-MONTH)
.s.
August 2008
OPERATION AND MAINTENANCE OF BIG PINE KEY SKATE PARK (MONTH-TO-MONTH)
BIG PINE KEY, FLORIDA
35. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of COUNTY and
CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and
CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law.
36. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR
agree to participate, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or provision
of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no
party to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
37. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors,
and assigns.
38. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary COUNTY and corporate action, as
required by law.
39. CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek,
and obtain federal and state fimds to further the purpose of this Agreement; provided that all
applications, requests, grant proposals, and funding solicitations shall be approved by each party
prior to submission.
40. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the COUNTY,
when performing their respective fimctions under this Agreement within the territorial limits of
AGREEMENT (MONTH-TO-MONTH)
-10-
August 2008
OPERATION AND MAINTENANCE OF BIG PINE KEY SKATE PARK (MONTH-TO-MONTH)
BIG PINE KEY, FLORIDA
the COUNTY shall apply to the same degree and extent to the performance of such fimctions and
duties of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
41. LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of
actual and timely performance thereof by any participating entity, in which case the performance
may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state
statute, and case law.
42. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither
the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in
this Agreement.
43. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to
include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace
Statement.
44. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and
no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
45. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded
as an original, all of which taken together shall constitute one and the same instrument.
AGREEMENT (MONTH-TO-MONTH)
-11-
August 2008
OPERATION AND MAINTENANCE OF BIG PINE KEY SKATE PARK (MONTH-TO-MONTH)
BIG PINE KEY, FLORIDA
.46. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
47. PUBLIC ENTITY CRIME INFORMATION STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a conviction for
a public entity crime may not submit a proposal on a contract to provide any goods or services to
a public entity, may not submit a proposal on a contract with a public entity for the construction
or repair of a public building or public work, may not submit proposals on leases of real property
to a public entity, may not be awarded or perform work as a Construction Manager, 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,
for CATEGORY TWO for a period of36 months from the date of being placed on the convicted
vendor list. II
48. FORCE MAJEURE
If either party shall be delayed or hindered in, or prevented from, the performance of any wor~
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 wor~ service or other act
or obligation shall be excused for the period of such delay and the period for the performance of
such wor~ service or other act or obligation shall be extended for a period equivalent to the
period of such delay.
49. MUTUAL REVIEW
This agreement has been carefully reviewed by Contractor and the County therefore, this
agreement is not to be construed against either party on the basis of authorship.
50. INCORPORATION OF PROPOSAL DOCUMENTS
The terms and conditions of the proposal documents are incorporated by reference in this
contract agreement.
51. ,ANNUAL APPROPRIATION
The County's performance and obligation to pay under this agreement is contingent upon an
annual appropriation by the Board of County Commissioners. In the event that the County funds
on which this Agreement is dependent are withdrawn, this Agreement is terminated and the
AGREEMENT (MONTH-TO-MONTH)
-12-
August 2008
OPERATION AND MAINTENANCE OF BIG PINE KEY SKATE PARK (MONTH-TO-MONTH)
BIG PINE KEY, FLORIDA
County has no further obligation under the terms of this Agreement to the Contractor beyond that
already incurred by the termination date.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this
Agreement on the day and date first written above in three (3) counterparts, each of which shall,
without proof or accounting for the other counterparts, be deemed an original contract.
FOR MONROE COUNTY
Q~,:J.I -
FOR CONTRACTOR:
~ .~
Si~ \
~ 'd-\ 0'2
Date \ \
L~~~P-
Signature
'??(J I rcJ~
--==-
-o-d ~
Signature of person authorized to
legally bind C9~orayon
Date: '11/"2 ( I&?'
STEVE :MILLER
Print Name
Address: P. O. Box 430089
Big Pine Key. FL 33043
Telephone Number
(305) 872-0292
AGREEMENT (MONTH-TO-MONTH)
-13-
August 2008
EXHIBIT "A"
Public Works Division
RESOLUTION NO. - 2008
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, RATIFYING RULES AND REGULATIONS
FOR THE SKATE PARK AT BIG PINE KEY PARK
WHEREAS, the Skate Park officially opened on
, 2008. and
WHEREAS, staff developed rules and regulations governing the Skate Park, which are
printed on the release and waiver of liability form obtained by each participant and are posted on
signage installed at the Park; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Board hereby ratifies the following rules and
regulations for the Skate Park located at Big Pine Key Park:
1. Each skater must have a signed release and waiver of liability before entering the
skating area. Participants under 18 must have their parent/guardian sign the release
and waiver for them.
2. Each skater must sign in and be cleared through the skate facility office prior to
entering the skating area.
3. Each skater must wear a helmet, elbow pads, knee pads, and wrist guards while on the
skating surface.
4. Only skateboards and inline skates are permitted.
5. Shirts and appropriate clothing must be worn at all times.
6. No profanity or inappropriate wording on clothing. The park staff will determine
inappropriate attire.
7. Cursing, swearing, use offoul or inappropriate language will not be tolerated.
8. An adult 18 years or older must accompany anyone under the age of 10.
9. Food (including gum and candy) and beverages are not allowed on the skating surface.
10. Possession or consumption of any intoxicating beverage or controlled substance is
prohibited.
11. Smoking is prohibited inside the skating facility.
12. Coolers, backpacks, and boom boxes will not be allowed in the skating area.
13. Monroe County and the , as the park operator, have exclusive
discretion to close the Skate Park due to inclement weather or for any other at any
time.
14. Waxing is not allowed.
15. Inappropriate behavior will not be tolerated.
16. Skaters and skateboarders must practice courtesy.
17. Skating will be allowed under the supervision of staff only.
The attendant in charge will have the authority to limit the number of participants at
any time to ensure safety and to evaluate skill levels of patrons.
18. Anyone exhibiting reckless behavior or throwing/placing any foreign objects inside the
skating area or endangering patrons and/or spectators will be escorted out of the park
by park staff or the Monroe County Sheriffs Department.
NO REFUNDS.
19.
20.
There is to be no trespassing after the facility is closed. Trespassers will be prosecuted
to the fullest extent of the law.
Rain checks will be given only within the first hour of participation.
21.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the day of
AD 2008.
Mayor DiGennaro
Mayor Pro Tem McCoy
Commissioner Spehar
Commissioner Neugent
Commissioner Murphy
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOHLAGE, Clerk
By
Deputy Clerk
20f2