07/18/2012 AgreementDANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE. August 9, 2012
TO: Dent Pierce, Director
Public Works Division
ATTN.• Beth Leto, Assistant Director
Public Works Division
FROM. • Pamela G. HancC.
At the July 18, 2012, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of Item B5 a long term agreement with the Big Pine Athletic
Association for management of the Big Pine Skate Park, and authorized execution of same.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you
have any questions, please do not hesitate to contact this office.
cc: County Attorney
Finance
File,/
AGREEMENT FOR BIG PINE KEY SKATE PARK
MONROE COUNTY, FLORIDA
This Management Agreement is made and entered into this of il 'o"
2012, by and between MONROE COUNTY, FLORIDA, a political subdivision of t4re St4 of
Florida, hereinafter COUNTY, and The BIG PINE ATHLETIC ASSOCIATION, a 501(c)(3)
corporation, hereinafter CONTRACTOR, for management and operation of the Big Pine Key
Skate Park, as follows:
WHEREAS, the site of the Big Pine Key Park was obtained with funds from the Florida
Communities Trust (FCT) for the purposes of providing recreational and open space
opportunities for present and future residents and visitors; and
WHEREAS, the FCT requires the property to be used for public outdoor recreation and
that revenue generated from the park be used for the continued maintenance and upkeep of the
park; and
WHEREAS, it is a legitimate public purpose to provide facilities and services for
operation of the Big Pine Key Skate Park; and
WHEREAS, the COUNTY sought proposal(s) for management of the Big Pine Key Park,
but said proposal(s) exceeded the budgeted amount and an agreement for operation of only the
skate park was executed; and
WHEREAS, the COUNTY and CONTRACTOR entered into an agreement on August
22, 2008, on a month -to -month basis; and
WHEREAS, both parties desire for the month -to -month contract to expire and to enter
into a new long -term agreement, further defining the rights and responsibilities of each;
NOW, THEREFORE, in consideration of the covenants hereinafter to be kept and
preformed, the COUNTY and the CONTRACTOR agree that the CONTRACTOR shall operate
the skate park located at the Big Pine Key Park as follows:
1. PREMISES. Skate park located at 31009 Atlantis Boulevard, Big Pine Key, Florida
(Tract A, Whispering Pines subdivision, Plat #3 as recorded in Plat Book 4 at Page 59 in the
Public Records of Monroe County, Florida [Re: #286360 - 000000], formerly known as Mariners
Resort), hereinafter PARK.
2. TERM. The term of this management agreement shall be for five (5) years, commencing
_August 01_, 2012, and may be renewed for one additional two (2) year period unless
specifically cancelled by either party by providing at least 60 days prior written notice to the
other party of its election to cancel, subject to paragraph 15 of this agreement.
3. CONTRACT AMOUNT. The COUNTY shall pay CONTRACTOR Forty -Six Thousand
Two Hundred and no /100 ($46,200.00) on a reimbursement basis equal to 1/12 of this amount, or
$3,850.00 per month. If a reimbursement request is less than the per month reimbursement
amount of $3,850.00, the unused balance will be rolled over and available for future
reimbursement request. The CONTRACTOR shall provide reimbursement request to the
Division of Public Works. The COUNTY shall only reimburse, subject to the funded amount
above, those reimbursable expenses which are reviewed and approved as complying with
Monroe County code of Ordinance, State laws and regulations and Attachment A- Expenses
Reimbursement Requirements. Evidence of payment by the CONTRACTOR shall be in the form
of a letter, summarizing the expenses, with supporting documentation attached. The letter should
contain a notarized certification statement. An example of a reimbursement request cover letter is
included as Attachment B. The CONTRACTOR's final invoice must be received within thirty
(30) days after cancellation of this contract.
After the Clerk of the COUNTY examines and approves the request for reimbursement, the
COUNTY shall reimburse the CONTRACTOR, however, the total of said reimbursement
expense payments in the aggregate sum shall not exceed the annual total amount of Forty -Six
Thousand Two Hundred Dollars ($46,200.00)
A. On August 20, 2008, COUNTY approved Resolution No. 245 -2008, adopting rules
and regulations governing the use of the Big Pine Key Skate Park, and the CONTRACTOR shall
manage and operate the Skate Park in accordance with said rules and regulations, as same may
be amended from time to time (Resolution No. 245 -2008 is attached and marked Exhibit "A ").
The CONTRACTOR shall carry liability insurance which covers skate park operations and shall
name Monroe County as an additional insured for such coverage per Section 19 of this
agreement.
B. At a minimum, the Skate Park shall open at 10:00 a.m. each day, other than New
Year's Eve, New Year's Day, Easter Sunday, Memorial Day, Labor Day, Thanksgiving
Day, Christmas Eve and Christmas Day, and shall remain open as follows:
Until 6:00 p.m.: November, December, and January;
Until 6:30 p.m.: February;
Until 7:00 p.m.: March, April and October;
Until 8:00 p.m.: May and September;
Until 8:30 p.m.: June, July and August.
C. At some time in the future, the County may include BMX bikes as an allowed activity
at the Skate Park, and may have lighting installed at the Skate Park to allow it to remain open
after dark. If these changes are made, this contract will be amended to include BMX bikes and
additional operating hours as activities requiring supervision and management by the
CONTRACTOR.
5. CONCESSION STAND. The CONTRACTOR shall operate the concession stand
located at the PARK based upon demand or during scheduled events and programs. The
concession stand shall not be open beyond PARK hours except during properly scheduled
activities and events. Commodities to be sold at the concession stand shall include healthy
foods, drinks, real juice products, bottled water and snacks and must be sold at prices comparable
with other like concessions in the surrounding area. No items may be sold in glass containers.
The CONTRACTOR may collaborate with other organizations to operate the concession stand;
however, the CONTRACTOR will be entitled to the right of first refusal in this regard. The
CONTRACTOR will furnish all necessary equipment and furnishings needed to operate the
concession stand, and upon termination of this management agreement, all such equipment and
furnishings will become the property of the CONTRACTOR. The COUNTY has installed all
electrical wiring and plumbing needed to allow CONTRACTOR to have the concession
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equipment properly installed. Documentation of revenues from all sales from the concession
stand shall be provided to the COUNTY, along with documentation that shows the net proceeds
were used for services, programs, activities at the Park, or improvements to the Park. See Section
6 below, regarding the accounting for CONTRACTOR'S revenues.
6. PARK REVENUES /CONCESSION REVENUES. All revenue generated at the PARK site
by the CONTRACTOR must be remitted to COUNTY on a quarterly basis. Said funds will be
used for the maintenance and upkeep of the Big Pine Key Park. The CONTRACTOR shall
provide the COUNTY on a quarterly basis with a statement showing the all revenue generated
from the Big Pine Key Park. Upon termination or expiration of this contract, the revenue funds
which have not been remitted to the COUNTY must be remitted within ten (10) days after
termination or expiration of the contract. All revenue generated at the PARK site, minus up to
eleven (11%) percent of the revenues which shall be spent for administrative overhead (i.e.,
bookkeeping, billing, payroll, and consultant fees in relation to administration for grant and
scholarship fundraising efforts and support for the Big Pine Key Skate Park) as necessary for the
CONTRACTOR'S Skate Park programs and activities, must be remitted to the COUNTY for
upkeep and park improvements in accordance with Florida Communities Trust (FCT)
requirements. All PARK revenue records and accounts 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. 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 CONTRACTOR 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
upkeep and improvements.
7. OFFICE SPACE. The CONTRACTOR is permitted to set up an office and have
telephone service established in the office space. The CONTRACTOR will have access to the
office space located in the community building. The CONTRACTOR will be responsible for all
furnishings, equipment, and telephone charges associated with this office space.
8. UTILITIES. The COUNTY will be responsible for all utilities charges associated with
the PARK facilities leased by the CONTRACTOR, with the exception of telephone service for
the CONTRACTOR'S office located in the community building.
9. SIGNAGE. The CONTRACTOR is permitted to install signs and rules & regulations
signs, upon COUNTY approval, contingent upon CONTRACTOR receiving any necessary
permits, as well as appropriate approvals and clearances from utility companies. COUNTY will
install scheduling signs by the Skate Park and/or Concession Stand.
10. COMPLAINTS. The CONTRACTOR and THE COUNTY agree to work together in
close communication concerning all grievances and complaints. CONTRACTOR shall inform
COUNTY immediately of any incidents, accidents and calls to law enforcement.
11. IMPROVEMENTS. The COUNTY may remodel, renovate or reconstruct any buildings,
structures or pavilions on the premises. In addition, the COUNTY is responsible for all
resurfacing and major work at the PARK. The CONTRACTOR may only make such
improvements as are approved by both the COUNTY in writing.
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12. MAINTENANCE. COUNTY staff will perform and be responsible for all maintenance
of the buildings, fields, grounds and improvements at the PARK and will maintain and stock the
bathrooms daily. Notwithstanding anything to the contrary, the COUNTY will accept any and
all responsibility for accidents and incidents related to the maintenance and renovation of the
facility, unless caused by CONTRACTOR'S negligence, and the CONTRACTOR will be
exempt from any and all liability related to the COUNTY'S maintenance of the facility, however,
if the CONTRACTOR observes any conditions on site which it reasonably believes are
dangerous, the CONTRACTOR shall promptly contact the Public Works representative
indicated in Section 26 of this agreement.
13. FUNDRAISING. All fees charged in connection with the PARK shall be used only for
PARK upkeep and improvements, subject to the 11% administrative overhead which may be
charged by the CONTRACTOR pursuant to Section 6 above. Any funds collected by the
CONTRACTOR through fundraising activities at the PARK shall also be used solely to benefit
the PARK. The CONTRACTOR 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. The CONTRACTOR will decide upon the appropriate
disbursements and allocation of these funds for PARK purposes but shall obtain COUNTY
permission before making any improvements, and any audit by COUNTY or its agents which
discloses improper application of such funds to any use other than for the benefit of the PARK
shall be repaid by the CONTRACTOR and the County will ensure that said funds be used solely
for the benefit of the PARK. The CONTRACTOR is responsible for providing fundraising
documentation that donor(s) intended for donation(s) to be used for the CONTRACTOR's
organization and its programs or mission purpose rather than for the benefit of the Big Pine Key
Skate Park.
14. TAXES. COUNTY is exempt from payment of Florida State Sales and Uses taxes.
CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying
sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is
CONTRACTOR authorized to use the COUNTY'S tax exemption Number in securing such
materials. CONTRACTOR shall be responsible for any and all taxes, or payments of
withholding, related to services rendered under this agreement.
15. CANCELLATIONS. Either party hereto may cancel this management agreement with or
without cause by giving the other party sixty (60) days written notice sent certified mail of its
election to do so. The COUNTY will not be obligated to pay for any services provided by
CONTRACTOR after the effective date of termination, but shall remain liable after termination
of this agreement for all services provided prior thereto (including, without limitation, those
payments to be made under Section 3).
16. RETURN OF PREMISES. At the end of the term of this management agreement or any
extensions thereof, the CONTRACTOR shall vacate and peacefully surrender the premises to the
COUNTY.
17. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the
CONTRACTOR is an independent contractor and not an employee of the Monroe County Board
of County Commissioners. No statement contained in this management agreement shall be
construed so as to find the CONTRACTOR or any of its employees, contractors, servants or
agents to be employees of the Board of County Commissioners.
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18. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR 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 CONTRACTOR or any of its subcontractor(s) in any tier, occasioned by the
negligence, errors, or other wrongful act or omission of the CONTRACTOR or its
subcontractors in any tier, their employees, or agents. In the event that the service is delayed or
suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required
insurance, the CONTRACTOR 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
CONTRACTOR 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 with this
agreement. This provision shall survive the expiration or earlier termination of this agreement.
19. INSURANCE. Prior to the CONTRACTOR taking possession of the property owned by
the COUNTY, or commencing its operations, the CONTRACTOR shall obtain, at its own
expense, insurance as follows:
a. General Liability Insurance. Coverage shall be maintained throughout the life of the
contract and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
(including Skate Park Liability Insurance)
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 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 contract.
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 shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
b. Vehicle Liability Insurance. Recognizing that the work governed by this contract
requires the use of vehicles, the CONTRACTOR, prior to commencement of work, shall obtain
Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contact and
include, as a minimum, liability coverage for:
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• Owned, Non - Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
c. Workers' Compensation. Prior to commencement of work governed by this
agreement, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits
sufficient to respond to the applicable state statutes.
d. Employer's Liability Insurance. The CONTRACTOR shall obtain Employers'
Liability Insurance with limits of not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
State of Florida.
If the CONTRACTOR has been approved by the Florida Department of Labor, as an authorized
self - insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status. The
CONTRACTOR may be required to submit a Letter of Authorization issued by the Department
of Labor and a Certificate of Insurance, providing details of the CONTRACTOR'S Excess
Insurance Program.
If the CONTRACTOR participates in a self - insurance fund, a Certificate of Insurance will be
required. In addition, the CONTRACTOR may be required to submit updated financial
statements from the fund upon request from the COUNTY.
The CONTRACTOR shall maintain the required insurance throughout the entire term of this
management agreement and any extension specified in the attached schedules. Failure to comply
with this provision may result in the immediate termination of the management agreement and
the return of all property owned by the COUNTY.
The CONTRACTOR 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.
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The COUNTY, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
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.
The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as
relieving the CONTRACTOR from any liability or obligation assumed under this management
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 PARK for
scheduled programs. Subject to review and agreement by the CONTRACTOR'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 management
agreement, the CONTRACTOR shall abide by all statutes, ordinances, 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 management agreement and shall entitle the
COUNTY to terminate this management agreement if such breach remains uncured thirty (30)
days after delivery of written notice of termination to the CONTRACTOR, and the COUNTY
may thereupon re -enter the premises. The CONTRACTOR shall also comply with all FCT
requirements.
21. PROFESSIONAL RESPONSIBILITY /LICENSING /ARTICLES OF INCORPORATION.
The CONTRACTOR shall assure that all professionals under the control of the CONTRACTOR
have current and appropriate professional licenses and professional liability insurance coverage.
Upon execution of this management agreement, the CONTRACTOR will provide the COUNTY
with a copy of its Articles of Incorporation and a list of its Board of Directors.
22. ASSIGNMENT. The CONTRACTOR shall not assign this management agreement or
sublease the premises 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. This management 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.
23. NON - DISCRIMINATION. COUNTY and CONTRACTOR 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
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order. COUNTY or CONTRACTOR 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 on the basis of race, color 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 handicaps; 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. et seq.) as amended, relating to nondiscrimination in the
sale, rental 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) Any other nondiscrimination provisions in any federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement. Monroe County Code Ch. 13,
Art. VI, prohibiting discrimination on the basis of race, color, sex, religion, disability, national
origin, ancestry, sexual orientation, gender identity or expression, familial status or age. 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.
24. AUTHORIZED SIGNATORY. The signatory for the CONTRACTOR, below, certifies
and warrants that:
a) The CONTRACTOR'S name in this management agreement is its full name as
designated in its corporate charter, if a corporation, or the full name under which
CONTRACTOR is authorized to do business in the State of Florida.
b) He or she is empowered to act and contract for the CONTRACTOR.
C) This management agreement shall been approved by the Board of Directors of the
CONTRACTOR, if CONTRACTOR is a corporation.
25. NOTICE. Any notice required or permitted under this management agreement shall be in
writing and hand- delivered, delivered by a courier service with overnight delivery and signed
receipt, or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party
as follows:
FOR COUNTY
Monroe County Public Works
1100 Simonton St., Rm. 2 -231
Key West, Florida 33040
FOR CONTRACTOR
Big Pine Athletic Association
P.O. Box 430089
Big Pine Key, FL 33043
and
Monroe County Administrator
1100 Simonton St., Rm. 2 -205
Key West, FL 33040
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26. CONTACT PERSONS.
connection with this agreement:
FOR COUNTY
The following, or their designees, are the contact persons in
Alice Steryou
Office Phone: 305- 292 -4549
Jose Perez
Cell Phone: 305- 797 -7742
If not available contact:
Public Works Division
Office Phone: 305- 292 -4560
or
County Administrator's Office
Office Phone: 305- 292 -4441
FOR CONTRACTOR
Dan Dombrowski
1400 United Street, Suite # 108
Key West, FL 33040
or
27. CONSENT TO JURISDICTION. This management agreement shall be construed by and
governed under the laws of the State of Florida and venue for any action arising under this
management agreement shall be in Monroe County, Florida. This agreement is not subject to
arbitration.
28. 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.
29. FUNDING AVAILABILITY. In the event that funds are partially reduced or cannot be
obtained or continued at a level sufficient to allow for the purchase of the services contemplated,
then the contract may be terminated at the option of the COUNTY upon thirty (30) days advance
written notice of termination being delivered in person or by mail to CONTRACTOR. The
COUNTY will not be obligated to pay for any services provided by CONTRACTOR after the
effective date of termination, but shall remain liable after termination of this agreement for all
services provided prior thereto including, without limitation, those payments to be made under
Section 3.
30. 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
proposal on a contract to provide goods or services to a public entity, may not submit a proposal
on a contract with a public entity for construction or repair of a public building or public work,
may not submit proposals 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, F.S. for CATEGORY TWO for a period of 36 months from
the date of being placed on the convicted vendor list. (CATEGORY TWO: $25,000.00).
31. 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 performance of such work, service or other act or obligation shall be extended for
a period equivalent to the period of such delay.
32. SEVERABILITY. If any term, covenant, condition or provision of this agreement shall
be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the
remaining terms, covenants, conditions and provision of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Agreement shall be
valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the
remaining term, covenants, conditions and provision of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR
agree to reform the Agreement to replace any stricken provision with a valid provision that
comes as close as possible to the intent of the stricken provision.
33. BINDING EFFECT. The terms, covenants, conditions, and provision of this Agreement
shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day
first written above.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN Y, FLORIDA
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10
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 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.
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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.
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.
12
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 #
101
102
104
105
(A)
(B)
(C)
(D)
Payee
Company A
Company B
Employee A
Employee B
Total
Total prior payments
Reason
Rent
Utilities
P/R ending 05/14/01
P/R ending 05/28/01
Total requested and paid (A + B)
Total contract amount
Balance of contract (D -C)
Amount
$ X,XXX.XX
XXX.XX
XXX.XX
XXX.XX
$ X,XXX.XX
$ X,XXX.XX
$ X,XXX.XX
$ X,XXX.XX
$ 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
personally known to me.
Notary Public
13
20_ by
Notary Stamp
who is