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Item C17
C17 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting March 20, 2024 Agenda Item Number: C 17 2023-2240 BULK ITEM: Yes DEPARTMENT: Parks and Beaches TIME APPROXIMATE: STAFF CONTACT: John Allen N/A AGENDA ITEM WORDING: Approval to terminate the agreement with The Young Mens Christian Association of South Florida, Inc., (YMCA) to manage Key Largo Community Park. The agreement was for $85,500.00 per year on a reimbursement basis equal to $7,125.00 per month. ITEM BACKGROUND: On November 12, 2012, the Monroe County Board of Commissioners approved a management agreement with YMCA for Key Largo Community Park (not inclusive of Jacobs Aquatics). In 2015, the Agreement was amended to remove the responsibility of the Key Largo Community Park Skate Park. No amendment to the management fee was made at that time. Due to changing circumstances over the years, including the creation of the Parks & Beaches Department within the County, Parks & Beaches staff has taken on many of the responsibilities contemplated by the original agreement including but not limited to scheduling of activities, scheduling of youth sports leagues, and skate park management. Staff requests BOCC approval to terminate the agreement without cause. Pursuant to paragraph 19 of the agreement, as amended, at least sixty (60) days' notice of termination may be given by either party. Staff additionally requests permission for Acting County Administrator, Kevin G. Wilson, be designated to execute any and all documents for the termination of the contract on behalf of Monroe County that may be necessary. A proposed Letter of Termination is included in the attachments. YMCA requests, and staff is in agreement, that the termination date be May 24, 2024, in order not to impact YMCA's current school year programming. It is staff's intent to facilitate a smooth transition of any responsibilities that remain. PREVIOUS RELEVANT BOCC ACTION: 786 December 13, 2023 - BOCC approval of the 2nd Amendment to the original agreement amending the language regarding submission of monthly invoices and to provide clarification of the process of submission of invoices and payment. May 18, 2016 - BOCC approval to amend the original agreement to remove the Key Largo Community Park Skate and Bike Park facility from the contractual scope of management, supervision, operation and direction services. November 12, 2012 - BOCC approval and authorized execution of a new management agreement with YMCA for management and operation of the Key Largo Community Park and Skate Park. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: Termination of contract STAFF RECOMMENDATION: Approval DOCUMENTATION: Letter of Termination 2nd Amendment-12/13/2023 1 st Amendment-05/18/2016 Original Agreement-11/20/2012 FINANCIAL IMPACT: Effective Date: Notice to be effective March 20, 2024, termination effective May 24, 2024. Expiration Date: N/A Total Dollar Value of Contract: $85,500.00 per year on a reimbursement basis equal to $7,125.00 per month. Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Staff time Revenue Producing: No If yes, amount: Grant: 787 County Match: Insurance Required: N/A Additional Details: None 788 BOARD OF COUNTY COMMISSIONERS %-Iounty of Monroe Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tem James K.Scholl,District 3 U Craig Cates,District 1 Michelle Lincoln,District 2 David Rice,District 4 March 20, 2024 Sheryl A. Woods, CEO YMCA OF SOUTH FLORIDA Association Office 900 SE 3rd Avenue, Suite 210 Fort Lauderdale, FL 33316 Re: Agreement for the Management of Key Largo Community Park In accordance with paragraph 19 of the above referenced agreement, the County hereby serves sixty (60) days written notice of its termination of the agreement between Monroe County and The Young Men's Christian Association of South Florida, Inc., (YMCA), effective May 24, 2024. Sincerely, Kevin G. Wilson, PE Acting County Administrator Cc: Bob Shillinger, Monroe County Attorney Kevin Madok, County Clerk 789 GJR COURfa Kevin Madok, CPA � �. o ...:,... •� Clerk of the Circuit Court&Comptroller-Monroe County, Florida yR�co�� DATE: December 15, 2023 TO: John Allen Director of Parks&Beaches A=: Suzi Rubio, Sr. Project& Budget Manager, Parks&Beaches Erika Nodal Executive Assistant FROM: Pamela G. HancocC. SUBJECT: December 13'h BOCC Meeting Attached are electronic copies of the following items for your handling: Cl 5'Amendment to Agreement with Beach Raker, LLC, for Beach Cleaning, Maintenance, and Beautification at Higgs Beach for die second of three (3) 1-year term extensions for services.TDC is the funding source. C5 Lease Agreement with Monroe County Sheriffs Office to provide the Monroe County Sheriffs Department with 149.6 sq. ft. of office space for one (1) year at Bernstein Park on Stock Island, Key West, FL.This agreement shall be retroactive to August 15, 2023. C6 2'Amendment to die Management Agreement with YMCA for die Key Largo Community Park and Skate Park, dated November 20, 2012, amending die language regarding submission of monthly invoices and to provide for clarification of the process of submission of invoices and payment. C14 Contract with the lowest responsive and responsible bidder, Sport Surfaces, LLC for die Key Largo Pickleball Installation Project to install 10 new Pickleball courts.The $398,000 project is funded by District 3 Impact Fees and ARPA funds. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 790 SECOND AMENDMENT TO MANAGEMENT AGREEMENT FOR KEY LARGO COMMUNITY PARK AND SKATE PARK DATED NOVEMBER 20,2012 This Second Amendment to the Management 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 Key Largo Community Park and Skate Park ("Key Largo Park"), is made and entered into on the 13th of December, 2023, 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 at the Key Largo Park, including the Skate Park; and WHEREAS, on May 18, 2016, the BOCC approved a First Amendment to the Agreement to amend the Original Agreement to remove YMCA's obligation 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, pursuant to the Original Agreement, the Clerk's Finance Department reserves the right to review reimbursement requests; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHEREAS, the parties find that it would be mutually beneficial to amend its Original Agreement and enter into this Second Amendment to the Agreement; NOW THEREFORE, in consideration of the mutual promises contained herein, it is agreed as follows: 1. Paragraph 10, CONTRACT AMOUNT shall be amended and revised to add the following language: Contractor shall submit to County invoices monthly in arrears, on or before the 1 Oth day of the following month, with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. Monroe County's Fiscal Year is October 1st through September 30th. All outstanding invoices must be submitted for payment within ten (10) days of the end of the Fiscal Year to avoid non-payment for those services. 791 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. 2. Exhibits A and B to the Original Agreement are hereby replaced in their entirety with Exhibits A and B that are attached to this Second Amendment, 3. Except as set forth in Paragraphs 1 through 2 of this Second Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. WHEREOF, each party caused this Amendment to the Agreement to be duly authorized representative. BOARD OF COUNTY COMMISSIONERS MADOK,CLERK OF MONROE COUNTY,FLORIDA -•a "'-4Nn���p,H'j By: By: As Deputy Clerk Mayor APPROVED AS TO FORM&LEGAL SUFFICIENCY Date: December 13,2023 Mo a ounty Attorney's Office N thaDa Mellies Archer Assistant County Attorney Witnesses for CONTRACTOR: CONTRACTOR: Signature Signature of person au onze� ^to legally bind the Corporation_.,_- cri a Date , Date ' � Z3 'i CD r Print Name Address: 9®a S Ei ,3 rLq AX, SLci 4-L Z,to Signatu 3 3 31 b 2t3 ctsy 133L1 . 9(4aA Date Telephone Number 792 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 the following notarized certified statement: "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." The notary public is subject to the provisions of Chapter 117, Florida Statutes, must use a certificate in substantially the following form in notarizing a tangible or an electronic record. TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of County of The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of (month), (year), by (name of officer or agent, title of officer or agent) of (name of entity). Personally Known Produced Identification: Type of ID and Number on ID (SEAL) Signature of Notary Name of Notary (Typed, Stamped or Printed) Notary Public, State of 793 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 paid payroll taxes, check number and check amount. 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 paid payroll taxes. Payroll and/or fees for services requests for reimbursement shall include the supporting documentation as detailed above. The Clerk may request further documentation to verify and substantiate that the payment request for payroll and/or fees for services relates to the services provided. 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. 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 794 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. 795 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 Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total X,XXX.XX (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) 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. Chief Executive Officer Attachments (supporting documentation) TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of County of The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this _day of (month), (year), by (name of officer or agent, title of officer or agent) of (name of entity). Personally Known Produced Identification: Type of ID and Number on ID (SEAL) Signature of Notary Name of Notary (Typed, Stamped or Printed) Notary Public, State of 796 DATE(MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 04/20/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT David Portuondo NAME: Brown&Brown of Florida,Inc. a/cNr o Ext: (305)714-4400 a/c,No): (305)714-4401 8825 NW 21 st Terrace E-MAIL David.Portuondo@bbrown.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Doral FL 33172 INSURERA: Nationwide Mutual Insurance Company 23787 INSURED INSURER B: RetailFirst Insurance Company 10700 YMCA of South Florida Inc INSURER C: Philadelphia Indemnity Insurance Company 18058 900 SE 3rd Ave Suite 210 INSURER D: INSURER E: Fort Lauderdale FL 3331 6-1 11 8 INSURER F: COVERAGES CERTIFICATE NUMBER: 23-24 Liab/23-24 WC 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEAUULbUBK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 1,000,000 MED EXP(Any one person) $ 5,000 A Y GL0000007092AT 03/31/2023 03/31/2024 PERSONAL&ADV INJURY $ 1,000,000 MOTHER LAGGREGATE LIMITAPPLIES PERGENERAL AGGREGATE $ 3,000,000 POLICY ElPRO FX LOC PRODUCTS-COMP/OPAGG $ 3,000,000 JECT: Corporal Punishment $ Included AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y BA0000007090AT 03/31/2023 03/31/2024 BODI LY I NJ U RY(Pe r accide nt) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident Uninsured motorist $ 1,000,000 UMBRELLA LIAB X 10,000,000 OCCUR EACH OCCURRENCE $ A EXCESS LAB CLAIMS-MADE Y CMB0000008898AT 03/31/2023 03/31/2024 AGGREGATE $ 10,000,000 DED I X RETENTION $ 10,000 Personal&Advertising $ $10,000,000 X WORKERS COMPENSATION STATUTE EORH AND EMPLOYERS'LIABI LI TY Y/N 500'000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? N/A 520-61182 O5/19/2023 O5/19/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Human Services Professional Liability Each Prof.Occurrence $1,000,000 A Human Services Abuse or Molestation PL0000007091AT 03/31/2023 03/31/2024 Each Abuse Conduct Lmt $1,000,000 Aggregate Limit $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is listed as an additional insured with respects to the general liability and auto liability.Umbrella is follow form. All coverages are subject to the policy forms,terms and conditions within each policy. iK T 11 15.23 DATE_,__,--- —. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 797 Additional Named Insureds Other Named Insureds YMCA of South Florida Additional Named Insured OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC 798 AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Brown&Brown of Florida,Inc. YMCA of South Florida Inc POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Remarks Aggregate Limit:$20,000,000 Certificate holder included as additional insured in accordance with all the policy terms,conditions,and exclusions and then only with respects to liability caused by the negligent acts or ommissions of the Named Insured. "Miami corporate office:790 NW 107Ave Miami FL 33172 ACORD 101 (2008/01) © 2008ACORD CORPORATION. All rights reser799 The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGES Ref# Description Coverage Code Form No. Edition Date Employee Benefits EBLIA Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 1,000,000 1,000,000 1,000 Ref# Description Coverage Code Form No. Edition Date Medical payments MEDPM Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 5,000 Ref# Description Coverage Code Form No. Edition Date PIP-Basic PIP Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 10,000 Ref# Description Coverage Code Form No. Edition Date Personal&Advertising Injury PIADV Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 10,000,000 Ref# Description Coverage Code Form No. Edition Date WC&Employer's liability WCEL Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Premium discount PDIS Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$28,169.18 Ref# Description Coverage Code Form No. Edition Date Expense constant EXCNT Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $160.00 Ref# Description Coverage Code Form No. Edition Date TERRIOSM COV TEROR Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $2,001.44 Ref# Description Coverage Code Form No. Edition Date Experience Mod Factor 1 EXP01 Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $1.05 Ref# Description Coverage Code Form No. Edition Date Safety Program Cr SPCR Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$6,061.60 Ref# Description Coverage Code Form No. Edition Date Drug Free Credit DRUGF Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$14,850.93 OFADTLCV Copyright 2001,AMS Services,Inc. 800 AMY NEAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY,FLORIDA DATE: June 23, 2016 TO: Doug Sposito, Director Project Management ATTN.• Chris Rivera, Project Manager-2 FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller At the May 18, 2016 Board of County Commissioner's meeting the Board granted approval and execution of the following Item S 1 Approval of Amendment to Management Agreement with The Young Men's Christian Association of South Florida, Inc. (YMCA) to remove the Key Largo Community Park -Skate and Bike Park facility from contractual scope of management, supervision, operation and direction services Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions,please feel free to contact our office, cc: County Attorney Finance File 500 Whitehead Street suite 1o1,PO Box 1980 Key West FL 33040 Phone:305-295-3130 Fox:305-295-3663 31I7Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fox:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax.,305-852-7145 801 ................................................................ AMENDMENT TO MANAGEMENT AGREEMENT FOR KEY LARGO COMMUNITY PARK AND SKATE PARK DATED NOVEMBER 20, 2012 Thi., Arnundment to Managcine,A Agi"inera dateu Nuveniber 20, 2012 ("Agreeineiii") between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida ("County"), and THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH FLORIDA, INC. ("YMCA"), for the management, operation and provision of programming at the Key Lari?jommunity Park and Skate Park ("Key Largo Park"), is made and entered into this day of ffw 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 ill the Skate Park and that the Agreement would be amended to include use of bicycles and to require the YMCA to provide supervision and management services for such bicycle inclusion at the facility; and WHEREAS, the County has passed and adopted a Resolution that alters Resolution No. 239-2006 and which has renamed the Skate Park facility at Key Largo Park as "Skate and Bike Park", and which ratifies and promulgates new rules and regulations authorizing and guiding use or participation in skateboarding, in-line skating, and freestyle bicycling in the Skate and Bike Park that must be posted at the Skate and Bike Park; and WHEREAS, the County has passed an Ordinance which authorizes use of freestyle bicycles in the Skate and Bike Park at Key Largo Park, and amended Section 18-27(n)(1) and (n)(2) of the Monroe County Code of Ordinances, accordingly, and WHEREAS, pursuant to section 316.0085, F.S., the County enjoys statutory immunity from liability for personal injury and property darnages 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 3 802 i 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 3 803 IN WITNESS WHEREOF,each party caused this Amendment to the Agreement to be executed by its duty authorized representative. Y HEAVILIN CPA, CLERK BOARD OF C T COMMISSIONERS OF MONRO A By: D uty Clerk /0 jy l( May Chairman Date: .3- tT Dung Me s Christian soci on f Witness 1 outh Iorida, _ -- dIr611d 6/?lc y: Printed name of witness 1 Printed name: Title: S�; �c �. Witness Date: 1i i sti r�� �.1+5 Printed name of Witness 2 MONROE COUNTY ATTORNEY PROVED AS TO FORM CHRIS AMBROSIO ASSISTANT COUNTY ATE RNFY tLJ _J 4. - Page 3 of 3 804 1 w� 0 - 1 � • � DATE 1-••R•-",..., �►�vR� CERTIFICATE OF LIABILITY INSURANCE slal2eis THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE BOLDER. IMPORTANT: If the certlfl'cate holder Is an ADDITIONAL INSURED,the poiicy(ies)must be endorsed. if SUBROGATION IS WAIVED,sub]act 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(a). PRODUCER NIIMB�Cr Cheryl Rust Brown i Brawn of Florida, Inc. PHONE (305)241-5171 Ax ,1305)249-8543 dba T.R. Janes F Co. IL RESC 1780 N Krose Ave INSURER s AFFORDING COVERAGE NAM 0 Homestead FL 33030 wsuRERA.United States Fire Insurance 21113 INSURED wsuRER a:Retail-First Insurance CompakRy 10700 YMCA of Sough Florida, Inc INSURER C: 900 SE 3rd Ave. INSURER D: INSURER E Ft. Lauderdale FL 33316 INSURJERF. COVERAGES CERTIFICATE NUMBER:16/17 0L/SA/wC/XS/Prof REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE:LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN M SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN POLICY EFF PDLI Y EXP LIMITS TYPE OF rNSURANCE P I Y NUMBER M 26C X COMMERCIAL GENERAL L1A9RTrY EACH OCCURRENCE S 1,000,OGO A CLAILIS•MAD! [li�OCCUR MI S 11000,000 X 506-804531-5 3/31/2016 3/31/2017 MED EXP JMy mepemm) S 5,000 PERSONAL 11 ADV eel IURY S 11000,000 GERL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 3,000,GOO PXp0llcr �ci LOC. PRODUCTS•COAWAW AGG s 1,000,000 rHER LICY CWP"PuR4hmerq s included I AIITCmOSILr { LIMIT $ 1,000,000 aeILITr- Jk A ANY AUTO BODILY INJURY Par perswI S ALL OWNED SCHEDULED X 506-9e4531-5 3/31/2016 3/31/2017 BODILY INAMY(Pit ecddenl) S AtnOS NON S X HIRED AUTO X -OWNED AUTOS i Per PERTY 1 Ummred $ 1,000,000 UMSRELLALIAB I XC I OCCUR EACHOCCIJRRENGE s 15.1000 000 A X EXCESSUAa CLAILIS.MAOI AGGREGATE - $ 15.000.000 DEED X RETENrlONS 0 �5021049016 3/31/2016 3/3l/7017 S WORKERS COMPENSATION x A AND EMPLOYERS'LIASIL1TY YIN E.L.EACH ACCIDENT s 500,000 ANY PROPRIETOWPARTNEWEXECUrWE MIA S MiFr1�Ca�re MH1 EXCLUDED? 0520-42191-0 5/19/2016 5/19/2017 E.L.DISEASE-EA EMPLOYEE 5 500,000 MAbe under E L DISEASE-POLICY LIMIT s 500 0011 R OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORO 101,Addifimal Ramarlrs Schadule,may bl,@MChad It mars spree la required) Certificate holder included as additional insured as respects general liability where required by written contract. This form is subject to policy terms, conditions, and exclusions. A PPIZ/A EMENT io r� 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 DELIVERt-D IN commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Kay West, FL 33040 AUTHORIZED1eEPRESENrATNE T Jones Jr./CH£RUS 0195&2014 ACORD CORPORATION. Alt rights reserved ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(201401I 805 DANNY 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 4kc. 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 ✓ 806 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 807 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 2 808 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. 3 809 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 4 810 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 5 811 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) 6 812 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 7 813 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. 8 814 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. 9 815 f 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 10 816 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 11 817 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 FOR CONTRACTOR Monroe County Public Works Alfred Sanchez, CEO 1100 Simonton St., Rm. 2-231 YMCA of Greater Miami 12 818 Key West, Florida 33040 730 NW 107t'Ave., Suite 200 Miami,FL 33172 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 31. CONTACT PERSONS. The following, or their designees, are the contact persons in connection with this management agreement: FOR COUNTY FOR CONTRACTOR Robert Glassmer, Building Administrator Steve Gimenez, COO Office Phone: 305-852-7161 305-357-4000ext. 1113 Cell Phone: 305-797-1466 or If not available contact: David Bodnar, CFO Public Works Division 305-357-4000 ext. 1112 Office Phone: 305-292-4560 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. 13 819 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) 14 820 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first written above. (SEAL) 4"V; BOARD OF COUNTY COMMISSIONERS Attest: 07MM Y L. KOETMM CLE JRK OF MONROE COUNTY, FLORIDA A 14 By: "Deputy Clerk ?Aayor/Cl1ai=.a7:7 Witnesses for YMCA The Young Men's Christian Association of Greater 1 reate By: i ess I c ez, CBS MLILYA- ve,�- LIM M C-D C"') Printed'%rne of Witness I CD C:) M C-) Alclwi,q llamam r. CD W* e 2 ?/ Printed Name of Witness 2 424 A10 IN 0 V.2 V-Z MONROE COUNTY ATTORNEY � APPROVED AS TO FORM: AopmdWIIIIII Dab 13112 ,Q�jt¢O! -P CHRISTINE M. LIMBERT-BARROWS I ASSISTANT COUNTY ATTORNEY Date 1d\ 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): 15 821 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 16 822 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. 17 823 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. 18 824 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 Rent $X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total $X,XXX.XX (B) Total prior payments $X,XXX.XX (C) Total requested and paid(A+B) $X,XXX.XX (D) Total contract amount $X,XXX.XX Balance of contract(D-C) $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 19 825 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 (ex. 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. 826 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) 3. 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 garbagetwasteldebns generated by the organization using County property as detmed above must Policy for Use of Public Facilities 2 November 01,2012 827 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 far Um of Public Facilities a Novambar 01,2012 828 L AH programs mush be fim of charge and open to the public as space permits. No collections may be taken or sallm made. Library bdilities shall not be used for personal or private prole 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 The Harvey Government Center (2) 1100 Simonton Street 1200 Truman Avenue Key West,FL 33040 Key West, FL 33040 (305)292-4441 (305)292-4431 Key West Library *Marathon Government Center (2) 700 Fleming Street 2798 Overseas Highway Key West, FL 33040 Marathon, FL 33050 Contact: Reference(305)292-3595 (305)289-6036 Marathon Library Islamorada Library 3251 Overseas Highway 81550 Overseas Highway Marathon, FL 33050 Islamorada,FL 33036 (305)289-6098 (305) 852-7163 Policy for Use of Public Facilities 4 November 01,2012 829 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 THEATER 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 COUNTYBOARD 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 830 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 of Public Facilities 6 November 01,2012 831 FEESCHEDULE 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) 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 Channe176 $ 65.66 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 1 WITHOUT Channel 76 $ 177.19 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 832 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 cluding holida s 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 833 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 through Friday: 8:00 a.m. —5:00 p.m. $100.00 per day Hourly Rate Before 5:00 p.m. $15.00 per hour Hourly Rate After 5:00 p.m. $20.00 per hour Weekends and Holiday: 8:00 a.m.—5:00 p.m. $150.00 per day Hourly Rate $20.00 per hour • Roads&Bridges and Airport Grounds: Monday through Friday $100.00 per day Weekends and Holidays $150.00 per day • Parks&Beaches: 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 ap and dump fees: Clean up and dump fees will be assessed based on the size of the group: 0 1 —50 Person(s) $50.00 5 1 — 100 Persons $75.00 101-200 Persons $100.00 More than 200 Persons To be determined by Public Works Division Director Roman Gastesi, County Administrator (October 2012) Policv for Use of Public Facilities 9 November 01,2012 834 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 evening or afternoon specified above(the"License Period'), subject to availability. 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. 835 (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. 2 836 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 3 837 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. 4 838 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" 839 vhe MR Va"Deva"aw SOCIALPOR REW"BiLiTY E �AA41 S FCIRI TIDTf Pee Wee Soccer UPPER KEYS,YMCA PROGT" aNTER Want u, little urre to be the next Beckham ia or le? Everyone Starts somewhere.in Our Ting Tots ProgramSoccer aclr kidsl the soccer l i dribbling,balance, basic rules sIpoftsmAnshlp and teamwork.Otildren will have lots of tinte to practicein a scrimmage setting,boosting their confidence,abilities and determination. When your children play soccer at the Y# learn our,four core, ues and discover a love for the 9' lst+ r to l Ages;3 Defts;September 4—October 11 Picture Day..September IS Ti i rrr Practice on Tues;games on Thurs. LOCATIONs 5010 St.Croix Place, Key Largo, FL33037 C r ( 20 Program Membership for non-members) QUESTIONS?Talk to Kerry Cosme, r call30S-453-3422 w 840 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 841 itho HEALTHYFOR TR.--. 1N1Ni& ft6 F .,,. R Ah FUTURE 5 Youth Flag Football YMCA AFTERSCHOOL—E'NRICHMENT Every Sunday, millions of people tune In to watch America's favorite sport. Football is action packed and requires lawyers to exhibit superlor 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. DATEs February th- April 4th TINE: Mondays and Wednesdays 5t30- ;30pim LOCATION: KL Community park Out back,By Tennis Courts 615. 0 QUESTIONS? Contact Kerry Closme or a ail at �kosme@yMcarrilam.org ° Plea a like out Faceb!ook page Upper Keys YMCA Program Center' � 842 PWAC WWks Division $ SON NO 239 A RESOLUTION OF THE BOARD OF COUNTY COADMUONERS OF MONROE COUNTY,FLORIDA,RATUPYWG RULES AND REGULATIONS FOR THE SKATE PARK AT KEY LARGO COMMUNITY PARK WHEREAS,the Skate Park officially opened on Mamb 25,20K and release nd wai WW1�SASS, MW ver of Ii develo formped obt rules B dw Skate Park. which me p tftd on the �' Pt +mod arc podedan sipil installed at the Park;now. therefem BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA.that the Board hereby ratifies the fdiowing ruin and WVdadons for the Skate Paris looted at Key Largo community PUL- L Each skater mast have a signed release and waiver of liability betwe a. entering the drat!°; are for then, is under 18 Mud hive their pa��srMun sign the rdease and waiver 2. sign in and be dewed tbroagb the skate fad lit?mice prior,to entering 3. Each skater nmst wear a heloaet,snow pads,Imee pals,and wrist guards wbile an the dwfing surface. 4. Only skatdrwrds and inline skon are permitted. S. Shirts and appropriate dothing zir W be worn at all times. 6. No protaulty or looppropriatewording on doddn& Tin Park sfiff wa determine 7. Cursing,sweadtg use of tad or happrepriate hwgnage will not be tolerated. 8. An adult 18 years or eider mast aeeussq a y anyone under the age of 10. 9. Food(inclediog g®a"c,n fr)and are not allowed am the skating seI*"- 1&possession or consuarptien of any fidedcallug bevergp or controlled substanee is pnmwbed. 11.Smoking is prohiited hide the skating faa7ity. 12.Coolers,bat gwks,and boom banes wS not be allowed In the skating area. 13.Mourne Coeoty and the Upper Keys Family YMCA,as the park operator,bave exdusive dbcvdoo to dose the Skate Park due to hbdlauW weaftw or for ap other at any time. 14.Waxing is not allowed. 1S.Inappropriate behavior will not be tolerated. 16.Skaters and dludeboarde s must practice courtesy. 17.Skating be egg under dke se mbfi n of Upper Boys YMCA stair only. The ndant 10 charge wl0 have the authority to limit the number of partidpents at any time to ensure adfety and to evalonte dM level of patrons. I&Anyone exhibiting reddens behaviw or dirowingfpjacusg aren air endougering Patrons and/or u will en7 foreign be escorted out of the parkobjub side the Park staff or the Monroe County ShalWs Departmwt. k by 19.NO RTFONDS 20.Tbem is to be no trespesdng after the iadifty is dam.Trespass n will be prosecuted to the fullest extent of the law. E)&%-4"F" Page 1 of 2 843 2L Rain checks wig be given only with the Mt hour of participation. PASSED AND ADOPrKD by die Board of County Commissiaoaa of Mourm County.Florida.st a maulw meeting of aaid Bond held on the 21"day of June AD 200& Mayor McCoy Yes Mnyor Pro Tam Sow Yes Convakdoser Nugeot Yes Com a issianer Rice yea_ ConvaLuioner Patton BOARD OF COUNTY COMMISSIONERS •' . . OF MONROE CqqpGY,FLORIDA KOLHAM Clerk y r R De"Clem "ONROE COUNTY ATTORN A AS TOCOUNTY F i'ItNIiE ':� 'mac'J till•.'7_f..�.s..; o '•t o�z C3 0 o x�c c� o D rn m C Exhibit"F" Page 2 of 2 844 NON-G'OLLIMONAFFIDAVIT off city of according ro law on my oath,and under penalty of pe jwy,depose and any diat 1. I am presrd eob �a.,%j G EO of du firm of r N &WI making the Proposal for da sarnicea/wUsk/proje�ct described in the Request for Proposals for. and that I eamcuted the said Proposal with full authority to do so: 2. The pries in this proposal have been arrived at independenfly without collision, consultation, c I l l s icatian or agreement f w the purpose of restricting compatitioa,as to any matter rdnbng to such prices with any other proposer or with any competitor. 3. Unless odrarwise required by law,the priori and percentage of s+oturn which have bom quoted in this proposal have not bees knowingly disclosed by the responder and will not imowingly be disclosed, by the responder prior to Proposal opining, y or fly. to my otber responder or to any competitor:_ 4. No atteatpI bas boon made or will be made by the responder to induce any other person, partnership or corporation to submit,or not to submit, a proposal for the purpose of restricting S. The statamems contained in this affidavit are true and correct,and made with fall knowledge dw hkWoe Con aeon the truth of the stet its contained in this affidavit in awarding the savioes/work fi !0 20tZ (Date) STATE OF: �,Q�'1 COUNTY OF: M.L&M l pt4E. PERSONALLY APPEARED BEFORE IVIF,,the undersigned authority, A L4 d Q,rho, abet first being sworn by nut(Warne of individual signing)affixed his/her signature in the spay provided above on this�day of KlnrW-Mb9,r- 201h... Nt7T PUBLIC My Commission Bxpic+a� TSIEWAOMMMOASM W t:0WN18t M S Ete tNM F�tPlReB AprA Z8.20t8 845 LOBBYING AND CONFLICT OF DrrELREST CLAUSE SWORN 3TATKMXNT UNDER ORDINANCE NO.010.19" MONROE COUNTY,FLORIDA ETHICS CLAUSE Alfred Sanchez Presidant and CEO N N (Company OfOa/fthwandividuaQ wwants *wt beAt has not employed, retained or otherwise bad act on hishts behalf any ilmm Comity officer or employee in violation of Section 2 of Ordimunce No. 010-1990 or any County officer or employee is violation of Section 3 of Ordinance No. 010-1990. For breach air violation of this provision the County may, in its discretion, Wnunate this Agreement without habflky and may afro,in ts-discretion,deduct 9om the Agreement or purchase Nis+, ar otherwise recover, the full amount of any &e, commission, pwenw A SA or considwation paid to the former Countyofficaroremplorm Date: H�6�zo IZ STATE OF: coclrlTY aaF: d.� Subscribed and sworn to(or affumed)befora me an 0�Q.(I Yl y (P. 1 _ (dae)by iriQC5L (;,a_5,-Z' (name of afent). Hafte is personally known to me or has produced as wendfic adon.(type ofwant lion) ARY P'UBL1C My commission expires: TEA GARRmO ASM MY C0f1AaMB810N#E@1#'.1618. EPM ApA 20.2018 uss 846 DRUG-FREE WORIPII.ACE FORM The undersegnod Cor►traofaorlbiddenWWonder m. aocovdanoe with Florida Statute 297.097 hereby cettiSes that: -- (Name of Business) 1. Publishes a start notifying employees that the unlaw$tl mom, (hdnbaticm, dispensing, po------- -or use of a controlled sabsta000 is pmb ibit ed in the wort ph=and specifying tho actions that will be taken against employees far violations of such prohilAtion. 2. Informs employees aboat the dangers of drug abase m the wodcplaoe,the business's policy of mdMM,mg a drug flee wm4laM any available drag consoling,rehabilitation,and employee assig nce programs,and the penalties"may be imposed upon employees for drug abuse violations. 3. Gives each employee agVVd in Providing the cwmoditm or contraed si services that are under Proposal a copy of the statement spocified in subsection(1). 4. In the MURW Vecifod in subsection(11 notify the employees that, as a condition of working on the r r moth ties or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of. or plea of gm'tty or nolo contemdere uk any violation of Chapter 993 (Florida Statutes) or of any controlled substance law of the United States or any states for a violation occ urdag in the workplace no labor am five(S)days afk r such conviction. S. Impons a sanction on,or requires the satin participation in a drug abuse assistance or rehabilitation program if such is available in the anployee's community,or any employee who is so oonvicted. 6. Make a good f ft etFort to continue to makaWn a drug fine wo#laea through ' 1" tantation of this section. As the parson adborimed to sign the statement, I cw* that this lieu compim fi* with the above ragair s Signat<u�e ' Il 6 2ol-2- �abe N yY PUBLIC My C.ammissioa Fagrires: TERESITA GARRIDO A90ff 3" MY COMMISBION 0EE1QM E WWI Apra 2B.2018 847