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08th Amendment 10/19/2011DANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DA TE: October 31, 2011 TO: Lisa Tennyson Grants Management FROM: Isabel C. DeSantis, D.C. At the BOCC meeting held on October 19, 2011 the Board approved the following: Item C 10 Heart of the Keys (Marathon Rec), in the amount of $30,400; Helpline, Inc., in the amount of $5,000; Historic Florida Keys Foundation, in the amount of $28,500; Hospice of the Florida Keys, Inc., in the amount of $126,000; Independence Cay Transitional Housing, in the amount of $20,000; Keys Area Interdenominational Resources, in the amount of $22,000; Literacy Volunteers of America - Monroe County, Inc., in the amount of $5,000; Monroe Association for Retarded Citizens (MARC), in the amount of $153,000; Monroe Council of the Arts, in the amount of $57,000; Rural Health Network of Monroe County, Florida, Inc., in the amount of $327,600 - Children's dental services /$54,000; Southernmost Homeless Assistance League, in the amount of $3,000; Star of the Sea Foundation, in the amount of $44,000; Womankind, Inc., in the amount of $75,000; Upper Keys Pool, in the amount of $180,000. Attached are photocopies of the subject documents for your handling. Should you have any questions, please feel free to contact my office. cc: County Attorney Finance File AMENDMENT TO AGREEMENT THIS ADDENDUM to agreement is made and entered into this 19th day of October, 2011, 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 - Upper Keys Community Pool FY122; page 1 15A. Commencing October 1, 2011, and ending September 30, 2012, 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 remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK � f Deputy - BOARD OF COUNTY COMMISSIONERS OF MON E C UNTY, FLORIDA By May Chairman Upper Keys Community Pool, Inc. Federal ID No. oq bo74 ) witness Q B T� ess President a/0-4 /I ( Contract - Upper Keys Community Pool FY122; page 2 N d N ts_ c. t CL. . a/0-4 /I ( Contract - Upper Keys Community Pool FY122; 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 the 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: "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 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, support for applicable paid 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. Contract - Upper Keys Community Pool FY122; 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 specifically included in the contract), entertainment expenses, fundraising, non - sufficient check charges, penalties and fines. Contract - Upper Keys Community Pool FY122; 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 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 XX X.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 20_ by who is personally known to me. Notary Public Notary Stamp Contract - Upper Keys Community Pool FY122; page 5 ATTACHMENT C Services to be provided: (Insert a description of your 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 © 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 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 - Upper Keys Community Pool FY122; page 6 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 - Upper Keys Community Pool FY122; page 7 SWORN STATEMENT UNDER ORDINANCE NO. 10 -1990 MONROE COUNTY, FLORIDA EHICS CLAUSE C" arrants that he /it has not employed, retained or his /its a alf an 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 1 ` 1 COUNTY OF _ M6MC' PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, t affixed his /her signature name of individual signing) in the space provided above on this `�1 day of 20 1—. **OT RY PU L E KELLd �. CIOpPF- T My commission expires MY CC�WIMISSION I# DD803961 EXPIRE: July 07, 2012 ``, OMB -MCP FORM #4 0153 --- Flortd allotaryService.com Contract - Upper Keys Community Pool FY122; page 8 DRUG -FREE WORKPLACE FORM The undersigned vendor in / accordance with Florida Statute 287.087 hereby certifies that: I A.,. 'L),*f I '� hMMI In - 1 +.A ADS ► I nc. (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 ograms, and the penalties that may beu couns mposedu employees for employ for drug abuse assistance p g , 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 F C��'I l - ( ign ture of Respon ent) COUNTY OF AWnrp L 4 07A ca At pal ..- PERSONALLY APP RED BEFORE ME, the undersigned authority, C�G mPs !1 I I YJ ( who, after first being sworn by me, (name of individual signing) affixed his /her signature in the space provided above on this 1 _ day of , 20! 1 . c, My commission expires: NOT RY PUBLIC KELLI 0. CUPPETT *= 4NY GOMMISSIQ =u D0803961 N"tD 1 EXPIRES ' 17, 2012 (407)39< -0153 FlorldsN °Floc +';oar+ Contract - Upper Keys Community Pool FY122; page 9