07/17/2024 Agreement GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: July 31, 2024
TO: John Allen, Director
Parks & Beaches
Tammy Acevedo
Budget& Contract Specialist
Erika Nodal
Executive Assistant
FROM: Liz Yongue, Deputy Clerk
SUBJECT: July 17, 2024 BOCC Meeting
The attached item has been executed and added to the record:
C38 License Agreement with Just Older Youth, Inc. (JOY) for use of the Plantation
Key Community Center located at 53 High Point Rd., Plantation Key, for operation of a variety
of community programs two (2) days a week, on Tuesday and Wednesday.
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
LICENSE AGREEMENT
(Plantation Key Community Center)
This Agreement is made and entered into this 17th day of July 2024, by and between
MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter
"COUNTY or LICENSOR," 1100 Simonton Street, Key West, Florida 33040, and JUST
OLDER YOUTH, INC., hereinafter "LICENSEE" or "JOY," a Florida Not-for-Profit
Corporation,whose mailing address is P. O. Box 1735, Tavernier, Florida 33070, for management
and operation of a variety of community and cultural programs at the Plantation Key Monroe
County Community Center in Plantation Key, Florida.
WITNESSETH:
WHEREAS, the Plantation Key Community Center, hereinafter "PK Community Center"
or "Premises," at 53 High Point Rd., Plantation Key, Florida 33070, is owned by the COUNTY.
The Premises is currently used by the COUNTY as a community center and for other County
services, as necessary, and by the public for group activities; and
WHEREAS,JOY-was organized for the purpose of supporting the well-being and quality
of life of older citizens in the Upper Florida Keys, and providing services and programs of interest
to senior citizens, and developing partnerships and collaborations with other locals; and
WHEREAS, it is a legitimate public purpose to provide facilities and services for
recreational and cultural uses,programs, and social functions of the community; and
WHEREAS, the COUNTY does not have the capacity to be responsible for developing,
programming, and organizing recreational, cultural, and related activities for the PK Community
Center and surrounding community on a full-time basis and seeks to expand its programming
opportunities with other organizations; and
WHEREAS, JOY has offered to assist the COUNTY on a limited basis in developing and
managing recreational, cultural, charitable and recreational community events, and programming
for the PK Community Center: and
WHEREAS, the COUNTY has determined that it is in the best interest of the public for
JOY and any other individual or organization to use the PK Community Center at limited cost;
and
WHEREAS,the COUNTY routinely allows its facilities to be used by other governmental
agencies, not-for-profit entities, and individuals upon submission of a Request for Use document
and appropriate insurance and indemnification documents; and
WHEREAS, JOY wants to have assurances of the ability to regularly use the Premises for
recreational, cultural, charitable, and educational community events; and
WHEREAS, it is necessary for the COUNTY to also preserve its ability to utilize the
Premises for any governmental functions or services if it should become necessary;
1
NOW, THEREFORE, in consideration of the covenants hereinafter to be kept and
preformed, the LICENSOR and the LICENSEE agree that the LICENSEE shall manage and
schedule recreational, cultural, charitable, and educational community events, and other related
activities on a limited basis as follows:
1. PREMISES. The premises which are the subject of this Agreement is the PK Community
Center with access to bathrooms, located at 53 High Point Road, Plantation Key, Florida 33070.
2. TERM. The term of this Agreement shall be an initial three (3) year period commencing
August 1, 2024, and terminating on July 31, 2027. The COUNTY shall have the option to renew
this Agreement for up to an additional two (2) one-year periods, exercisable upon written notice
given at least sixty(60)days prior to the end of the initial term. Unless the context clearly indicates
otherwise,references to the"term"of this Agreement shall mean the initial term of three(3)years.
The County is not required to state a reason if it elects not to renew. On or before the end of the
term of this Agreement, the COUNTY shall consider the regular reports of LICENSEE regarding
their uses and participation by the public, and COUNTY staff information regarding any issues,
including but not limited to, adequacy of LICENSEE's insurance coverage, facility maintenance,
and utility costs in excess of fees received from LICENSEE. The COUNTY, in its discretion,may
extend this Agreement for a time period to be determined upon determining that the uses of the
Premises by LICENSEE are in the best interest of the public, and upon written approval by both
parties. Any extension of this Agreement may modify the terms of this Agreement as set forth in
writing and executed by both parties.
3. USE OF PREMISES. The PK Community Center shall be actively used to provide
recreational, cultural, and related programs for the Upper Keys area on a coordinated basis with
COUNTY staff to ensure that no COUNTY government functions are displaced as a result of
programs scheduled by LICENSEE. During the operation of programs, the LICENSEE will be
held responsible for reasonable supervision of the programming area, including security against
predators for children and the elderly for any programs provided for same. If the LICENSEE
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 LICENSEE will promptly contact the Parks & Beaches Department representative
listed in Section 25 of this Agreement and the Monroe County Sheriffs Office. LICENSEE may
serve liquor on the Premises only at such functions as it provides the COUNTY with a liquor
license, as required, and evidence of liquor liability insurance coverage with the COUNTY being
named as an additional insured and upon prior approval of the County Administrator or his
designee and Risk Manager when necessary. LICENSEE shall not use the PK Community Center
and its location in any of its advertising materials, corporate documents, or other such
documentation as its primary or mailing address. LICENSEE's use of the Premises is limited to
specific days,times, and rooms as set forth in this Agreement, so the COUNTY is unable to accept
mail or packages on behalf of LICENSEE. Any items displayed or attached to the walls of the
Premises during its days of use must be done in a manner as to not cause any damage with nails,
screws, staples, tape, or other such supplies being prohibited for use. LICENSEE shall be solely
responsible for setting up the community room to be used for its events and then returning the
community room utilized to its pre-event condition.
4. HOURS OF OPERATION. LICENSEE's programs are not limited to the hours that the
PK Community Center is regularly open. LICENSEE's programs at the Premises shall take place
JOY Licensee July 2024 2
only on Tuesday and/or Wednesday during the hours of 8:00am to 5:00pm, in the small and/or
large community rooms with such programs scheduled in advance between the parties and
approved in advance in writing by the COUNTY Administrator or his designee. Any events by
LICENSEE after normal working hours as noted above or on holidays,which fall on a Tuesday or
Wednesday, must first be approved by the Parks & Beaches Department Director. Arrangements
will be made by the COUNTY to provide the LICENSEE with one (1) set of keys to the front
entrance of the Premises, which are not to be duplicated. LICENSEE must have approval from
the Director of Parks & Beaches to request any additional set of keys from the Facilities
Maintenance Department Locksmith. LICENSEE may use the COUNTY's chairs, tables,
televisions, shared desk, and other agreed upon equipment for programming. LICENSEE,
however, may not store any of its own chairs, tables, equipment, or other such items used in its
programming on the Premises. Other equipment in the facility is expressly reserved for COUNTY
purposes and shall not be moved, operated, or otherwise accessed by LICENSEE without prior
written approval by the County Administrator or his designee for specified uses on an event-by-
event basis, for which County staff will activate and deactivate the equipment remotely.
LICENSEE may use the COUNTY's facilities use form to request specific permissions for
equipment use.
5. SCHEDULING OF ACTIVITIES. For purposes of this Agreement, the term "activities"
shall include performances, programs, events, and any other term related to JOY 's use of the
Premises. LICENSEE will schedule all its activities at the PK Community Center in coordination
with the COUNTY's Community Center Specialist for the PK Community Center and secure a
written schedule approved in writing by the COUNTY Administrator before the JOY'S programs
or events are held at the PK Community Center. The LICENSEE will be exempt from liability
for incidents not directly related to LICENSEE scheduled activities and/or events, unless due to
its own negligence or omission. Further, LICENSEE agrees to the COUNTY having the right to
take precedence in scheduling authorized activities or events, with notice by the COUNTY to
LICENSEE prior to the time that the LICENSEE has begun to advertise an event(s) and/or prior
to the time that LICENSEE has made financial commitments for the event(s) unless a
governmental agency needs the building for purposes of responding to an imminent or existing
disaster. In the event that a governmental entity needs to use previously scheduled facilities of the
PK Community Center, COUNTY will make every reasonable effort to reschedule the
LICENSEE'S event at the LICENSEE's convenience. In addition,LICENSEE acknowledges that
COUNTY use of the PK Community Center may be required during scheduled public elections,
programming for camps during summer, spring, and winter school breaks, or other such events.
LICENSEE shall not schedule any events during these times and shall coordinate scheduling of all
other events with the Parks & Beaches Community Center Specialist so that the LICENSEE does
not schedule an event for a date already scheduled for another use.
6. FEES AND PROGRAMS. LICENSEE shall establish its program fees and shall provide
such information to COUNTY in its annual reports. No participant will ever be turned away from
the LICENSEE'S programs unless such participant fails to pay the applicable fees for such
program or fails to meet program eligibility and participation requirements. Should the
LICENSEE decide to establish program eligibility requirements (such as residency, medical
condition, age, etc.), the requirements shall be drafted and submitted to the COUNTY and shall
not be effective until approved in writing by the County Administrator or the Board of County
Commissioners. The LICENSEE agrees to offer programs at reasonable rates and to allow all
persons into their programs as long as they pay the required fees.
JOY Licensee July 2024 3
7. PROGRAM REVENUES. LICENSEE shall provide LICENSOR with an annual report of
its revenues generated at the PK Community Center. The annual reports shall include donations,
revenues, and expenditures related to the LICENSEE's activities at and use of the PK Community
Center, and shall include statistical information including, but not limited to: the numbers of
attendees at the programs sponsored by LICENSEE,number of hours/time duration of each event,
performers, and other participants in the provision of the programs at the PK Community Center.
It is the intent of both parties that costs related to increased maintenance and repairs of the PK
Community Center, due to the increased use by LICENSEE, not be borne by county-wide
taxpayers but shall be paid by LICENSEE. The LICENSEE shall not be responsible for ordinary
wear and tear of the facilities. All LICENSEE revenue records and accounts for programs at the
PK Community Center must be kept according to generally accepted accounting principles and
made available during regular business hours (Monday-Friday, 9:00 a.m. - 5:00 p.m., holidays
excepted)to auditors employed by either Monroe County or the State of Florida. The LICENSEE
shall be given reasonable notice of the request for review of the revenue records and accounts for
programs. If an auditor employed by the COUNTY, the Clerk of Court, or the State determines
that the LICENSEE records and accounts contain substantial and material misrepresentations
and/or substantial and material omissions of revenue generated at the PK Community Center, the
COUNTY may terminate this Agreement immediately for cause.
8. REIMBURSEMENT TO COUNTY FOR CERTAIN COSTS. During the initial term of this
Agreement and any renewals, LICENSEE shall reimburse COUNTY for costs, if any of its
personnel are necessary to accommodate the opening, closing, and cleaning of the PK Community
Center at times other than regularly scheduled hours of the personnel. Further, should any act or
omission of LICENSEE result in damage to the Premises, JOY will reimburse the COUNTY for
its costs upon presentation of an invoice and supporting documentation for repairs. Any extension
of this Agreement shall incorporate any other reimbursement or fees that LICENSEE shall be
required to provide. LICENSEE is authorized to directly hire County employees to accommodate
the opening, closing, and cleaning of the PK Community Center, but shall also be authorized to
hire non-County personnel to handle necessary cleaning. In the event that LICENSEE hires any
County employees for any services to be performed at the PK Community Center, the employee
shall be required by LICENSEE to sign a notarized statement that he/she understands that he/she
is being hired by LICENSEE as an independent contractor and therefore the individual employee
cannot use any supplies or equipment that the employee would use in his/her County job, and the
employee cannot work for LICENSEE in any manner that interferes with his/her County job, in
accordance with County Personnel Policies and Procedures. If a County employee is retained for
any services by LICENSEE, the COUNTY shall be provided with a copy of any signed notarized
statements.
9. SIGNAGE AND COUNTY SEAL. The LICENSEE shall install temporary signs only
upon approval, in writing, by the Building Administrator and Director of Parks & Beaches
Department, contingent upon LICENSEE receiving any necessary permits from the appropriate
Planning and/or Building Departments, i.e. Monroe County and Village of Islamorada, as well as
appropriate approvals and clearances from utility companies, if needed. LICENSEE, nor any of
its officers, members, employees, representatives, or successors, shall manufacture, use, display,
or utilize any facsimile or reproduction of the County seal in any manner without the appropriate
prior express approval as per Fla. Stat. Sec. 165.043.
10. COMPLAINTS. LICENSEE shall inform COUNTY immediately of any incidents,
accidents, and calls to law enforcement, and shall cooperate in any investigation of complaints
about the use or condition of the PK Community Center.
JOY Licensee July 2024 4
11. IMPROVEMENTS. The COUNTY may remodel, renovate, or reconstruct any part of the
Premises; provided that if such remodeling, renovation, or reconstruction prevents or materially
interferes with the LICENSEE'S use of the Premises, LICENSEE shall be given notice at least
sixty (60) days in advance of the commencement of the remodeling,renovation, or reconstruction,
and shall give notice to LICENSEE of the prospective project upon issuing a competitive selection
solicitation for any work which could disrupt the scheduled events, which should be in the range
of one hundred twenty (120) to one hundred eighty (180) days in advance of commencement of
the project. The COUNTY shall consider the existing schedule for the use of the Premises in
timing the remodeling, renovation, or reconstruction of any part of the Premises. It is anticipated
that the COUNTY will initiate improvements in the common area and other surrounding areas of
the Premises in the 2025 fiscal year to establish a congregate meal center for Social Services. The
LICENSEE may only make such improvements on the Premises as are approved by the COUNTY
in writing.
12. MAINTENANCE. COUNTY staff will perform and be responsible for all maintenance of
the buildings and improvements at the PK Community Center and will maintain and stock the
bathrooms daily. To the extent set forth under Florida Statutes, Section 768.28,the COUNTY will
accept any and all responsibility for accidents and incidents related to maintenance, repairs, and
renovation of the facility unless caused by LICENSEE'S negligence or that of its invitees. In the
event that the LICENSEE observes any conditions on site which it reasonably believes are
dangerous, the LICENSEE shall promptly contact the County representative indicated in Section
25 of this Agreement.
13. FUNDRAISING. All fees charged and funds raised in connection with JOY 'S activities
at the PK Community Center shall be accounted for and reported to the COUNTY in the
LICENSEE's annual report. LICENSEE shall provide to COUNTY financial records for all
income and expenditures in its annual report. Any funds collected by the LICENSEE through
program fees and fundraising activities at the PK Community Center shall be used for funding
future events or to benefit the PK Community Center. While the LICENSEE agrees that all fees
and funds raised shall be used to produce services and programs or to benefit the PK Community
Center, it shall be the choice of the LICENSEE as to how the funds contributed to the COUNTY
shall be used. Alternatively,the LICENSEE shall be permitted to use the fees and funds raised for
purchasing equipment or other items that are then contributed to the COUNTY for programming
purposes and shall become the property of Monroe County. Any equipment or other items that
LICENSEE desires to donate to the COUNTY must first be approved by the Director of the Parks
& Beaches Department and then submitted to the Board of County Commissioners for final
approval. The LICENSEE will be responsible for the collection of the above-mentioned
fundraising and fees but shall have no obligation to pursue any person for collection of bounced
checks or other non-payment. Any audit by COUNTY or its agents which discloses improper
application of such funds to any use other than the uses permitted by this Agreement shall be paid
to COUNTY by the LICENSEE. It is also understood that the LICENSEE may use a reasonable
portion of the fees and funds for expenditures including,but not limited to, expenses such as office
rent for an office off of the Premises of the facility or facility usage fees and/or rent for events
which cannot be scheduled at the PK Community Center. The LICENSEE may also conduct
charitable events on its own or in cooperation with other not-for-profit entities and use the fees
and fundraising related to the charitable event for the benefit of the stated charitable purpose of
JOY.
14. ACCOUNTING/INSPECTION OF BOOKS/ANNUAL AUDIT. The LICENSEE shall
maintain its financial records in accordance with generally accepted accounting principles and
JOY Licensee July 2024 5
allow the LICENSOR to inspect its books and records at any reasonable time upon reasonable
advance notice, generally 9:00 AM to 5:00 PM,Monday through Friday (holidays excepted),upon
at least ten (10) calendar days' notice, unless otherwise arranged through mutual accord. The
LICENSEE shall provide a copy of its annual IRS Form 990, 501(c)(3) status, or other required
filings within one (1) week of it being filed with the Internal Revenue Service and initially upon
execution of this Agreement. The LICENSEE shall retain all records pertaining to this Agreement
for a period of four (4)years after the term expires.
15. CANCELLATION/TERMINATION. Either parry may give notice to the other parry of
breach of the terms of this Agreement. If the noticed breach is not cured within thirty (30) days
of receipt of the notice, the non-breaching parry may terminate the Agreement effective fifteen
(15) calendar days after notice that the breach has not been cured and notice of the termination.
Any waiver by either parry of any covenants of this Agreement shall not be deemed or considered
to be a continuing waiver and shall not operate to bar or prevent either parry from declaring a
forfeiture for any succeeding breach either of the same conditions or of any other conditions.
Either parry may cancel this Agreement without cause by providing at least ninety (90) days prior
written notice to the other parry. All contractual obligations of either party remain in full force
up to the effective date of termination. Both parties shall remain liable after termination of this
Agreement for all obligations, including but not limited to, any outstanding payments,through the
effective date of termination.
16. RETURN OF PREMISES. At the end of the term of this Agreement or any extensions
thereof, the LICENSEE shall vacate and peacefully surrender the Premises to the COUNTY.
17. INDEPENDENT LICENSEE. At all times and for all purposes hereunder,the LICENSEE
is an independent LICENSEE and not an employee of the Monroe County Board of County
Commissioners. No statement contained in this License Agreement shall be construed so as to
find the LICENSEE or any of its employees, licensees, servants, or agents to be employees of the
Board of County Commissioners.
18. INDEMNIFICATION AND HOLD HARMLESS. The LICENSEE 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 LICENSEE or any
of its sub-licensee(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the LICENSEE or its sub-licensees in any tier, their employees, or agents except to
the extent the claims, actions, cause of action, litigation,proceedings, costs or expenses arise from
the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents,
contractors or invitees (other than LICENSEE). In the event that the LICENSEE's service is
delayed or suspended as a result of the LICENSEE'S failure to purchase or maintain the required
insurance, the LICENSEE 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 LICENSEE
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 within this Agreement. Insofar as
the claims, actions, causes of action, litigation, proceedings, costs, or expenses relate to events or
circumstances that occur during the term of this Agreement,this section will survive the expiration
of the term of this Agreement or any earlier termination of this Agreement.
JOY Licensee July 2024 6
19. INSURANCE. Prior to the LICENSEE commencing its operations at the PK Community
Center under this Agreement, the LICENSEE shall obtain, at its own expense, insurance as
follows:
a. General Liability Insurance. Coverage shall be maintained throughout the life of this
Agreement and include, at a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
• Liquor Liability (if required by the Monroe County Risk Manager for events)
The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 200,000 per Person
$ 300,000 per Occurrence
$ 200,000 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 Agreement.
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, 1100 Simonton Street, Key West, Florida
33040, shall be named as Additional Insured on all policies issued to satisfy the above
requirements.
Coverage shall be provided by a company, or companies authorized to transact business in the
State of Florida and acceptable to the COUNTY.
The LICENSEE shall maintain the required insurance throughout the entire term of this License
Agreement and any extension specified in the attached schedules. Failure to comply with this
provision may result in the immediate termination of the License Agreement and the return of all
property owned by the COUNTY.
The LICENSEE 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, which shall be
provided upon execution of this Agreement and annually thereafter during the term of this
Agreement.
The COUNTY, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this Agreement.
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.
JOY Licensee July 2024 7
The acceptance and/or approval of the LICENSEE'S insurance shall not be construed as relieving
the LICENSEE from any liability or obligation assumed under this License 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 PK Community Center for
scheduled programs. Subject to review and agreement by the LICENSEE'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.
20. COMPLIANCE WITH LAW. In providing all services pursuant to this License
Agreement, the LICENSEE shall abide by all statutes, ordinances, resolutions, 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 Agreement and shall entitle the COUNTY to
terminate this Agreement if such breach remains uncured thirty (30) days after delivery of written
notice of termination to the LICENSEE. The COUNTY may thereupon remove from the Premises
any personal property of the LICENSEE.
21. NO ASSIGNMENT. The LICENSEE shall not assign this Agreement 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 Agreement is subject to sixty (60) days' prior written notice to the COUNTY, which shall
agree to the assignment in writing before it is effective. This Agreement shall be incorporated by
reference into any 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.
22. NON-DISCRIMINATION. COUNTY and LICENSEE 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 and LICENSEE 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 in
employment on the basis of race, color, religion, sex, 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 disability; 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. 3601 et seq.) as amended, relating to nondiscrimination in the sale, rental
JOY Licensee July 2024 8
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)Monroe County Code Chapter 14, Art. 11, which prohibits discrimination on the basis of race,
color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties to, or the subject matter of, this Agreement.
23. AUTHORIZED SIGNATORY. The signatory for the LICENSEE, below, certifies and
warrants that:
a) The LICENSEE'S name in this License Agreement is its full name as designated
in its corporate charter, if a corporation, or the full name under which LICENSEE
is authorized to do business in the State of Florida.
b) He or she is empowered to act and contract for the LICENSEE.
c) This Agreement has been approved by the Board of Directors of the LICENSEE.
24. NOTICE. All written correspondence to the COUNTY shall be dated and signed by an
authorized representative of the LICENSEE. Any notice required or permitted under this
Agreement shall be in writing and hand-delivered, delivered by a national courier service with
overnight delivery and signed receipt, or mailed,postage pre-paid,by certified mail,return receipt
requested, to the other party as noted below. The place of giving notice shall remain the same as
set forth herein until changed in writing in the manner provided in this paragraph. Notice is
deemed received by LICENSEE when hand delivered by national courier service with proof of
delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of
delivery. Notice shall be sent to the following persons:
FOR COUNTY FOR LICENSEE
Monroe County Parks & Beaches Just Older Youth,Inc.
102050 Overseas Highway, Suite 209 P. O. Box 1735
Key Largo, Florida 33037 Tavernier, Florida 33070
And And
Monroe County Administrator Sarah S. Marter
1100 Simonton St., Rm. 2-205 205 Sunset Blvd.
Key West, Florida 33040 Key Largo, FL 33037
And
Monroe County Attorney
1111 121h Street
Suite 408
Key West, Florida 33040
25. CONTACT PERSONS. The following, or their designees, are the contact persons in
connection with this License Agreement:
FOR COUNTY FOR LICENSEE
John Allen, Director of Parks & Beaches Jill Zima
Office Phone: 305-289-2569 Cell Phone: 786-589-1687
JOY Licensee July 2024 9
Cell Phone: 305-304-6711 Home Phone: 305-852-9886
alien-johnL&monroecoun1y-fl.gov izimakeysL&aol.com
Or Or
County Administrator's Office Sarah Marter
Office Phone: 305-292-4441 Phone: 617-335-5193
Saveal_5&omcast.net
JustQldYo201.8( ma�ilcom
26. CONSENT TO JURISDICTION. This Agreement shall be construed by and governed
under the laws of the State of Florida and venue for any action arising under this License
Agreement shall be in Monroe County, Florida. This Agreement is not subject to arbitration.
27. 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.
28. FUNDING AVAILABILITY. In the event that COUNTY incurs increased costs for
utilities, maintenance and repairs beyond the amounts budgeted in the Facilities Maintenance
portion of the Facilities Maintenance budget, then COUNTY shall give notice to LICENSEE of
the lack of funding and work with LICENSEE to either terminate the Agreement as soon as is
feasible given the existing schedule of events, but no longer than ninety (90) days, or this
Agreement may be re-negotiated prior to its termination in order for LICENSEE to pay those costs.
29. 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 bid,
proposal, or reply on a contract to provide any goods or services to a public entity, may not submit
a bid, proposal, or reply on a contract with a public entity for construction or repair of a public
building or public work, may not submit bids, proposals, or replies on leases of real property to a
public entity, may not be awarded or perform work as a LICENSEE, supplier, sub-licensee, 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, Florida Statutes, for
CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the
convicted vendor list.
30. 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
JOY Licensee July 2024 10
performance of such work, service or other act or obligation shall be extended for a period
equivalent to the period of such delay.
31. ENTIRE AGREEMENT. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings, oral or written,
with reference to the subj ect matter hereof that are not merged herein and superseded hereby. Any
amendment to this Agreement shall be in writing, approved by the Board of County
Commissioners, and signed by both parties before it becomes effective.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
JOY Licensee July 2024 11
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IN .\ i r•N•=r,SS WI1I t 1 01.: :61 ! party.has caiis•cxl. this.A,.r.,.., i .,•: e
duly ant:lf(lii ed.rc[i scr tat. e:. •
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CERTIFICATETHIS 18 ISSUED AS A MATTER OF INFORMATION ONLYRIGHTS THE CERTIFICATE
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. E FI INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUINGt ), AUTHOR 0
IMPORTANT: It tho awNsits h Is an ADDITIONALINSURED, fty(t )must have ADDITIONAL INSURED or be on
48 JAIVED.'subled to ft torras and candifloglay aImav rogulm, andorsomeft A stidemnent
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MONROE COUNTY BOCC 13 LISTED ADDITIONAL INSURED TO THE GENERAL LIABILITY POLICY
CERMICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED IEFO tE
THE EXPIRATIONTHEREOF, NOTICE VaLL BE DEUVERED 1
MONROE COUNTY BOCC ACCORDANCE THE POLICY
IWOMMICINTONST AUTHORMOREPREMWATINI!
KEY WEST FL 33040 ;/__ <i3400
i9964M5AR III, All righft resomed.
ACORD 1 ) The ACC D nanw and logo are regleftred marts of ACORD