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4th Renewal 05/19/2004 Clelt of lhe Circul Coun Danny L. Kolhage Office (305) 292-3550 Fax (305) 295.3663 lVIenwrandum To: Dent Pierce, Director Public Works Department Attn: Beth Leto .0/ From: Isabel C. DeSantis, Deputy Clerk ;P Date: Friday, July 09, 2004 At the BOCC meeting on May 19, 2004, the Board approved the following item: Renewal of Management Agreement, as amended by the Board, between Monroe County and Upper Keys Family YMCA for management of the Key Largo Community Park in the amount of$42,191.57 to $41,457.80 per year. Enclosed is a fully executed duplicate original of the subject document for your handling. Should you have any questions concerning this matter, please do not hesitate to contact this office. Copies: Finance County Attorney File ---- RENEWAL OF MANAGEMENT AGREEMENT (Key Largo Community Park) This renewal of management agreement is made and entered into this 19th day of Mav, 2004, by and between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter COUNTY, and the UPPER KEYS F AMIL Y YMCA, a branch of the YMCA of Greater Miami Association, hereinafter YMCA, in order to renew and amend that certain management agreement enter into between the parties on February 16,2000, as renewed on October 17, 200l, May 15,2002, and April 16, 2003, as follows: 1. Section 2 is hereby amended to read as follows: "2. TERM. The term of this management agreement shall be for one (1) year, commencing Mav 15. 2004, and shall be terminate on May 14. 2005, unless extended pursuant to the terms of this agreement." 2. Section 3 is hereby amended to read as follows: "3. EXTENSIONS. This management agreement may be extended for one (1) additional period of one year each if YMCA provides to the COUNTY written notification of YMCA's intent to extend the management agreement at least thirty (30) days prior to the expiration of the management agreement. Such extension is not available, however, if the COUNTY has provided to YMCA written notification of its intent not to consent to an extension at least sixty (60) days prior to the expiration date of this management agreement." 3. Section 9 is hereby amended to read as follows: "9. PARK. REVENUES/COSTS. All revenue generated at the PARK. site by the YMCA must be deposited in a separate account at a federally insured financial institution with an office in Monroe County. All revenue generated at the PARK. site must be spent for recreational programs and activities at the PARK., minus five percent of the revenues which may be spent for administrative overhead made necessary by the YMCA's park programs and activities. All PARK. revenue records and accounts must be kept according to generally accepted account principles and made available during regular business hours (Monday-Friday, 9:00 a.m. - 5:00 p.m., holidays excepted) to auditors employed by either Monroe County or the State of Florida. If an auditor employed by the COUNTY or the State determines that revenue generated at the PARK. was spent for a purpose or purposes not authorized by this contract, then the YMCA must pay over to the County the sum determined by the auditor to be improperly spent. The COUNTY may only use the refunded sum for PARK. improvements or maintenance. The COUNTY shall pay YMCA $41,457.80 per year to fund the salary and associated benefits of a full-time Park Manager. The COUNTY shall pay the YMCA on a per month in arrears basis in an amount equal to 1/12 of this cost, or $3,454.81 per month. The Contractor shall provide a monthly invoice to the Division of Public Works, and payment shall be made within fifteen (15) days." 4. In all other respects the management agreement enter into between the parties on February 16,2000, as renewed on October 17,2001, May 15, 2002, and April 16, 2003, remains in full force and effect. ,,,;:;~SS WHEREOF, the parties hereto have set their hands and seals on the day first ~)1~Ve;' <," l'>(. ~';' i i;)";'~<'::':' ~M)' 11/, '..-.... '\ W:tj~ L.~~HAGE, CLERK \~;/:Y 1fI,(} -I., By.::: c~;:~,,~::"5re iYv /J ~ Deputy Clerk Witnesses: By: By: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY:~ (~ Mayor/Chairman By: Title: ~\ ,7 M~NE ' ,UT10N ~"- ~1fJllr/'TTORNE.Y r..: ,; ."IAN. l( D!7lle___V :t o 0 ::t: ", :tin::' ~C: , ..... (")' ce. ~?Dc .... (") r- .- :<:-I:r :z ~ )> 0.. r- Ci iI- r'?l W U1 2 ,..... c::::> c::::> .r::- '1 I m o ..." o ::0 ::0 m C") o ::u r:J 2: r- I \D