06th Amendment 10/21/2009
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
October 26, 2009
TO:
Tina Boan, Sr. Budget Director
Pamela G. Hanc(~.
FROM:
At the October 21, 2009, Board of County Commissioners meeting the Board granted
approval and authorized execution of the following Contracts with non-profit service
organizations funded by the County Commission for Fiscal Year 2010:
Big Pine Athletic Association, Inc., in the amount of $44,000.
Heart of the Keys Recreation Association, Inc., in the amount of $30,400.
Monroe Council of the Arts Corporation, d/b/a Florida Keys Council of the Arts, in the
amount of $57,000.
The Historic Florida Keys Foundation, in the amount of $28,500.
The Florida Keys Wild Bird Rehabilitation Center, Inc., in the amount of $5,000.
The Marathon Wild Bird Center, Inc., in the amount of $5,000.
/Upper Keys Community Pool, Inc., d/b/a Jacobs Aquatic Center of Key Largo, in the
amount of$180,000.
The Young Men's Christian Association of Greater Miami, Inc., d/b/a YMCA of Greater
Miami, in the amount of $11 ,400.
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
Finange
File J/
, '
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this 21st day of October,
2009, 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 FYl0; page 1
15. Commencing October 1, 2009, and ending September 30, 2010,
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
/;<;'~~c~t';1ain in full force and effect.
,:. '~\." .J.y-~...., t,,:,. '".
,'.:><<::(, 'Y -\ .l-...~'\ _ ~ ""'u. ,,' .'
.'.../........'.:.,....,",'~..~....:'.:.....,...,'1.:-.,1'.,..,.,.,10..,.........,..,......'.-.'.,':.....,...,.L'..'-,.B,\ ~..~~.,..'....~~..":........I....,......".,.',...:..'...,.........,'.",...,..,.......' '~" " '\..'(,...S~ WHEREOF, the parties have set their hands and seal on the day and
'(:'/"~r ;'\~_lt'ntten.
. ;.,;\::.~~~y L. KOLHAGE, CLERK ~~~~N~6~~~~~JOF~~~~~NERS
".::-~~-- 'f~'~:/;?:'~' ~
'<0"." n ~
BY-C . ~ B""~" ~,
- eputy Clerk Mayor/Chairman
Upper Keys Community Pool, Inc.
(FederallD No. '-"5 - 01 ~ 07 04
~~fJu~
Wltne s
./
~~
MONROE COUNTY ATTORNE'{
~ APPROVED AS TO FORM:
~Ul~:.~ ~"~-&N rt/1, (~
CHRISTINE M. LIMBERT-BARROWS
ASSISTA~C.D~NTY ATTORNE:t..,.'
Date "!i I'~ lJ q ~ 0
~f~
c~:~3
:'-0 .'::::;
__-' ~ J
..: G ::::
~~, :-1 )>
--q C)
rq
~ .."
--
\.0 r-
(:) ",
M 0
--4
f\.) "
0"\ C)
:.0
~ =0
,.."
W C'"")
... <:)
.&:- ;:0
C4 CJ
contract - UKCP FYl0; page 2
ATTACHMENT 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 th e
Monroe County Code of Ordinances and State laws and regulations..
A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense
request needs to also contain the following notarized certified statement:
\\1 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 consideredl 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: pay period, 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 ;s required.
contract - UKCP FYI 0; page 3
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 spec ifically
included in the contract), entertainment expenses, fundraising, non-suffiCient check charges,
penalties and fines.
contract - UKCP FYl0; 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 ( 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 OS/28/01 XXX.XX
(A) Total $ X.XXX.XX
(6) 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
who is personally known to me.
200_ by
Notary Public
Notary Stamp
contract - UKCP FY10; page 5
ATTACHMENT C
Services to be provided:
(Insert a d~scr~Ption of you"r organization including a list of the services that will be provided by
your organIzatIon under thIS contract.)
Upper Keys Community Pool, d/b/a Jacobs Aquatic Center, a 501 <e> 3 corporation
registered in Florida agrees to manage, maintain, promote and program Jacobs Aquatic
Center in Key Largo, Fl. Duties will include but not limited to: scheduling of the center
for the public's benefit, maintain the facility in compliance with all necessary laws and
regulations, retain and maintain all financial records for inspection and promote a safe,
drug free workplace.
contract - UKCP FYl0; page 6
-- -- ----------.-----.---.------------------------------------ -- - ---- - -
PUBUC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conv Ictlon 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 FYl0; page 7
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
DDL warrants that he/it has not employedl retained or
at e ise ha' act on his/its half any former County officer or employee in violation of Section 2
of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance
No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate
this contract without liability and may also, in its discretion, deduct from the contract or purchase
price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer or employee.
~~
Date:
STATE OF
fl()y;JtL
MmJ~
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~b B>oi IfnI
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this ~ day of
~ypkmrxr
, 2ollL.
JJ}~, ~
. OTARY UBLIC
My commission expires:
OMB - MCP FORM #4
~'~ KELLID.CUPPETT
~*:. :*g MY COMMISSION # 00803961
...." , .n ,\" EXPIRES July 07. 2012
(407) 398-0153 FloridaNotaryService,com
contract - UKCP FYl0; page 8
.
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Uew- ~€ffG COmm{jf)~G
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Gives each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements. -:::? _
STATE OF :j !fJr'r ~ .. ~
f Respondent)
COUNTYOF~
Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~rYleS BD / Ii h I who, after first being sworn by me, (name of
individual signing) affixed his/her signature in the space provided above on this
~ {/zI day of 3rp/orJ ~
~11iJJ 1~
, 200~1.
My commission expires:
NOTARY PUBLIC
,'fl.
~'t~, KELLI D. CUPPETT
~*: :*E MY COMMISSION # 00803961
· .. EXPIRES July 07,2012
Illork:I8Nota tervlce.com
contract - UKCP FY10; page 9