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Item B07BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 21, 2013 Division: Public Works/Engineering Bulk Item: Yes X No _ Department: Facilities Maintenance Staff Contact Person Dent Pierce, 292 -4560 AGENDA ITEM WORDING: Approval of Consent to Assignment agreement with Big Pine Athletic Association, Inc., hereafter ASSIGNOR and Boys and Girls Club, Inc., hereafter ASSIGNEE for management of the Big Pine Skate Park. ITEM BACKGROUND: The current long term agreement expires July 31, 2017, with (1) one optional (2) two year renewal . The County received notice on or about February 27, 2013 that Big Pine Athletic Association wishes to assign and transfer all rights, title, interest and obligations of the agreement to Boys and Girls Club, Inc. PREVIOUS RELEVANT BOCC ACTION: On July 18, 2012, the BOCC approved the current contract. CONTRACT /AGREEMENT CHANGES: Effective September 01, 2013, the Assignor assigns to Assignee all the Assignor's rights, title and interest in the original agreement. Boys and Girls Club, Inc., as assignee, will be substituted for Big Pine Athletic Association, Inc., as assignor. In consideration for such consent, the Assignee agrees to be bound by all the terms and conditions of the original agreement, as amended. STAFF RECOMMENDATIONS: Approval TOTAL COST: $46,200.00/ INDIRECT COST: _BUDGETED: Yes X No $ 3,850 /month DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: same SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes ► NoQ)X AMOUNT PER MONTH Year _ APPROVED BY: Count MB L County Att - V y _ O /Purchasing _ Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Big Pine Athletic Association Assignment to Boys and Girls Club. Contract # Effective Date: 09/01/13 Expiration Date: 07/31/17 I Contract Purpose/Description: Assignment of contract for management and operation of the Bit Pine Skate Park Contract Manager: Alice Steryou 4549 Facilities Maint/Stop #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 08/21/13 Deadline: 08/06/13 CONTRACT COSTS Total Dollar Value of Contract: $ 180,950.00 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: (i4q- 20503 - 530 -340- Grant: $ N/A - - - County Match: $ N/A - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitoria CONTRACT REVIEW $3,850.00 $3,850.00/mo. OMB Form Revised 2/27/01 MCP #2 Changes Date Out Division Director D to In al l 3 Needed Reviewer Yes❑ No[]� q d o Risk Management TH Yes[:] Nod O.M.B./Purc mg L: -1 3 Yes[:] No© County Attorney '�Jn 13 Yes[:] No[K 0,"JC�Vidd4t2m 1rjM 4 MC Comments: $3,850.00 $3,850.00/mo. OMB Form Revised 2/27/01 MCP #2 CONSENT TO ASSIGNMENT OF AGREEMENT FOR BIG PINE KEY SKATE PARK This Consent to Assignment of the Agreement for Big Pine Key Skate Park is entered into this th day of , 2013, by and between Monroe County, a political subdivision of the State of Florida, hereafter COUNTY, and The Big Pine Athletic Association, hereafter ASSIGNOR, and the Boys and Girls of the Club of the Keys Area, Inc., hereafter ASSIGNEE. WHEREAS, on July 18, 2012, the COUNTY and ASSIGNOR entered into a contract for operation of the Big Pine Key Skate Park for a term of 5 years beginning August 1, 2012; and WHEREAS, the COUNTY received notice on or about February 27, 2013 that the Big Pine Athletic Association (ASSIGNOR) will merger with the Boys and Girls Club of the Key Area (ASSIGNEE); and WHEREAS, said agreement will be amended to substitute the name of the Big Pine Athletic Association for that of Boys and Girl Club of the Keys Area; and WHEREAS, the ASSIGNEE will be located and shall receive all notices at 1400 United Street, Suite 108, Key West, FL 33040 as of September 01, 2013; and WHEREAS, the assets and operations of the ASSIGNOR have now been transferred to the ASSIGNEE; Now therefore, inconsideration of the mutual promises of the original agreement as amended herein, the parties agree as follows: 1. Upon merger of Big Pine Athletic Association with the Boys and Girls Club of the Keys Area, effective September 01, 2013, the Assignor assigns to Assignee all the Assignor's rights, title and interest in the original agreement. 2. Paragraph 25: NOTICE FOR CONTRACTOR of the original agreement shall be amended to delete "Big Pine Athletic Association P.O. Box 430089 Big Pine Key, FL 33043" and replace with "Boys and Girls Club of the Keys Areas, 1400 United Street, Suite 108, FL 33040 In consideration for such consent, the Assignee agrees to be bound by all the terms and conditions of the original agreement, as amended above. 4. This consent to assignment shall be effective September 01, 2013. The remaining provisions of the agreement dated July 18, 2012, not inconsistent herewith, remain in full force and effect. (SEAL) ATTEST: AMY HEAVILIN, CLERK By Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor /Chairman Witnesses: Big Pine Athletic Association (ASSIGNOR) By: Signature: W C. By Printed N, Date: oil �1 Boys,and Oiris Cub of the Keys Areas (ASSIGNEE) W itnes••s: � By: By .� ,/"� S gnature Printed Naa Date: MONROE COUNTY ATTORNEY APPROVED AS TO FORM: CHRISTI LIMSERT-BARROWS ASSISTAN"I COUNTY AT TORNEY Date _ 200- 01 -28 1114 BOYS AND GIRLS CLUB 3056 ?4€11- 31 52950143 ? V MEM i AND a#G PINE ATHLETIC ASS OCIATIO N i -' } z-;,, :.i i! , j7 .!rA - .i t, L s R.t -• A t i t ( x4 t.. ! M ' s i ) - •; ,•- � t � �;i' t :mot ri' ! y i #•. t tr �e -,is4. • t- !r1 • A. a._ r 33 1�.:.- �,tT 1 :."« 2013-0 12:14 BOYS AND GIRLS CLUB 30 722401 pa 3052950143 Y AA+t i t Yz ' 1 jai Lih j #P -� �., -:.r._ �.....s a sa�a:� l:.f_ :f i -�:-� sa, :ra':.`ii ♦.T'R &. ►' 4 f. a ' ) ! � ' + �. 1 - 11 r 4 Y I'i r � '1 - a s e t t v I I rZ • ! A ?i i 't a }:: lH - 3.: j s. B Boys and Gids Club Ti tle Nam and P 277 AGREEMENT FOR BIG PINE KEY SKATE PARK MONROE COUNTY, FLORIDA This Management Agreement is made and entered into this of 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) 4. SKATE PARK. 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 2 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. 3 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. 4 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: R • 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. 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 7 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 26. CONTACT PERSONS. The following, or their designees, are the contact persons in connection with this agreement: FOR COUNTY 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 B Mayor hairman Witnesses for CON RACTOR r� rss 7 ;1-ld,q 1 A -�' Printed Name of Witness 1 i Witness 2 Printed Ndme of Witness 2 CO. RACTO By: aM i - r — manlBig Pine Athletic, C) MONROE COUNTY ATTORNEY PPRO ED AS TO FORM:: e1 � ' CHRISTINE M. LIMBERT- BARROWS - -, ASSISTANT COUNTY ATTORNEY' C C:) Date [DlJlo`Z r. CO C'O 0 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. 11 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