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05th Amendment 10/15/2008 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: October 22, 2008 TO: Lisa Tennyson Grants Management Pamela G. Hancoti1.tv Deputy Clerk U FROM: At the October 15, 2008, the Board of County Commissioners meeting the Board granted approval and authorized execution of Contracts with Non-Profit Organizations funded by the County for Fiscal Year 2009, as follows: The Florida Keys Wildlife Rescue, Inc., in the amount of$9,120 Heart of the Keys Recreation Association, Inc., in the amount of $30,400 The Historic Florida Keys Foundation, in the amount of$28,500 Monroe Council of the Arts Corporation, in the amount of$57,000 Upper Keys Community Pool, Inc., in the amount of$180,000 The Board also granted approval and authorized execution of Contracts with Non -Profit Organizations funded through recommendations of the Human Services Advisory Board (HSAB), the Substance Abuse Policy Advisory Board (SAP AB), and the County Commission, as follows: AIDS Help, Inc., in the amount of$27,000 American Red Cross of Greater Miami and the Keys, in the amount of$5,000 Boys and Girls Club, Inc., in the amount of $75,000 Keys Advocacy Center, Inc., d/b/a Center for Independent Living of the Keys, in the amount of$4,000 Domestic Abuse Shelter, in the amount of $34,000 Easter Seals Florida, Inc., in the amount of $10,000 Florida Keys Area Health Education Center, Inc., in the amount of$30,000 The Florida Keys Children's Shelter, Inc., in the amount of$148,000 Florida Keys Healthy Start Coalition, Inc., in the amount of $5,000 Florida Keys Outreach Coalition, Inc., in the amount of$30,000 Helpline, Inc., in the amount of $4,000 Hospice of the Florida Keys, Inc., in the amount of$145,000 Monroe Association for Retarded Citizens (MARC), in the amount of$148,000 Rural Health Network of Monroe County, Florida, Inc., in the amount of$333,600 Samuel's House, Inc., in the amount of$86,122 United States Fellowship of Florida, Inc., d/b/a Heron and Peacock Programs, in the amount of$53,122 Wesley House Family Services, Inc., in the amount of$128,000 Womankind, Inc., in the amount of $70,000 Enclosed is a duplicate original of each of the above-mentioned for your handling. Should you have any questions please feel free to contact our office. cc: County Attorney Finance File AMENDMENT TO AGREEMENT THIS ADDENDUM to agreement is made and entered into this 15th day of October, 2008, between Monroe County (hereinafter "County") and Upper Keys Community Pool, Inc., d/b/a Jacobs Aquatic Center of Key Largo (hereinafter UKCP). WHEREAS, on December 14, 2000, the parties entered into a twenty-year lease, commencing on the date of the agreement, of a parcel of land at the Key Largo Community Park; and WHEREAS, said lease obligated UKCP to provide for construction of a swimming pool and related facilities; and WHEREAS, said lease required UKCP, upon obtaining a certificate of occupancy for the pool and related facilities, to continuously maintain the pool and its water quality as well as operate the pool and related facilities in accordance with all laws and regulations applicable to such facilities and operations; and WHEREAS, said lease set forth numerous requirements which included maintenance, repairs, daily hours open to the general public, presence of trained lifeguards, and a percentage of revenues to be set aside for pool operations, upkeep, maintenance and repairs; and WHEREAS, said lease provided that the County may, but is not obligated to, appropriate revenue from any lawfully available source for construction, repair, maintenance and operations; and WHEREAS, County has provided funding for capital costs and utilities via separate contracts dated March 22, 2001, July 17, 2002, February 19, 2003, December 17, 2003, and March 17, 2004; and WHEREAS, County has provided funding for operations via lease amendments dated April 20, 2005, October 19, 2005, October 18, 2006; and October 17, 2007, and WHEREAS, UKCP has provided and operated the pool, but requires funding for operations; and WHEREAS, County has deemed it in the best interests of the residents and general public to provide additional monies for operations, maintenance and all other obligations imposed upon UKCP by the lease dated December 14, 2000, as amended April 20, 2005, October 19, 2005, October 18, 2006, and October 17, 2007; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. The lease dated December 14, 2000, as amended April 20, 2005, October 19, 2005, and October 18, 2006, and October 17, 2007, is hereby amended as follows: A. A new paragraph, Paragraph 15A, shall be added to read: contract - UKCP FY09; page 1 15. Commencing October 1, 2008, and ending September 30, 2009, County shall pay UKCP an amount not to exceed $180,000.00, payable up to $15,000.00 per month, upon submission to the County Clerk of an invoice with supporting documentation acceptable to the Clerk to document the performance of the agreement and expenses as incurred. Payment shall be made on a reimbursement basis except for those items which UKCP specifically identifies and requests in writing be paid by the Direct Vendor method. 2. The remaining provisions of the lease dated December 14, 2000, as amended April 20,2005, October 19, 2005, and October 18, 2006, and October 17, 2007, shall emain in full force and effect. d{o~ ~ Co 1Io~ f~ ~ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~4~ By Mayor/Chairman f"Upper Keys Community Pool, Inc. ,I (FederallD No. (lib -07(dD70-r ) Byi$)~ President M I ..,' CHRISTINE M. LIMB RT-BARROWS ~ Dat~SSIST'ij]?'Jg~TY ATTORNEY .,... r_._ c_ ('oj ('oj ",J \--.- 1-,,- c) , CJ ",' = 0<'. C) C-~;) l..) ........ c.~ ~ c-.. contract - UKCP FY09i page 2 -.+-.-----..-----.-----.---.,---.-....... ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from Florida Statute 112.061. A cover letter summarizing the major line items on the reimbursable expense request needs to also contain a notarized certified statement such as: "I certify 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." 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 check amount. If a Payroll Journal is not provided, the following information must be provided: check amount, check number, date, payee, 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. 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. contract - UKCP FY09; page 3 _......_"-~-_._-,.._-,-----~~_..~._- 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 Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel must be submitted in accordance with Florida Statute 112.061. 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. 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. 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 form one's home to the airport for a business trip is not a reimbursable expense. 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. contract - UKCP FY09; page 4 ATTACHMENT 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 ( Or9anization 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 OS/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 organizations_ 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 2001 by who is personally known to me. Notary Public Notary Stamp contract - UKCP FY09; page 5 PUBLIC ENTITY 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 on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." contract - UKCP FY09; page 6