09th Amendment 08/15/2012 Amendment to Agreement
This amendment to agreement is made and entered into this / 6 - 1 4 1 day of A 1 ' 45 f
2012, between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida (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, for a parcel of land at the Key Largo Community Park; and
WHEREAS, said lease obligated UKCP to provide 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 revenue 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, the 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, the County has provided funding for operations via lease amendments dated April 20,
2005, October 19, 2005, October 18, 2006, October 17, 2007, October 15, 2008, October 21, 2009,
October 20, 2010 and October 19, 2011;
NOW, THEREFORE, in consideration of the mutual covenants contained here, the parties agree as
follows:
1. The first paragraph of Section 15 of the lease dated December 14, 2000, as amended on April
20, 2005, October 19, 2005, October 18, 2006, , October 17, 2007, October 15, 2008, October
21, 2009, October 20, 2010 and October 19, 2011, is hereby amended to read as follows:
"15. Commencing October 1, 2012, and continuing indefinitely subject to the termination
provisions in Section 10, the County shall pay UKCP an amount not to exceed $180,000.00,
payable up to $15,000.00 per month, upon submission to the Department of Public Works of
an invoice with supporting documentation acceptable to the County 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. In all other respects, the original agreement between the parties remains in full force and
effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first
written above.
(Seal) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By - By
Deputy Clerk Mayor /Chairman
UPPER KEYS COMMUNITY POOL, INC.
FEDERAL ID #65 -0760704
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• ess- . o r President
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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.
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.
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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 g X, 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) t X XXX
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 200 by
who is personally known to me.
Notary Public Notary Stamp
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.
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."
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