Item N14
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 4/20/2005
Bulk Item: Yes No X
Division:
Department:
BOcc
DISTRICT FIVE
Staff Contact Person: Donna Hanson
AGENDA ITEM WORDING: Request approval of an amendment to the December 14,2000
lease with the Upper Keys Community Pool (Jacobs Aquatic Center), to incorporate a provision
for the $225,000 funding approved at the March 16,2005 BOCC meeting, and providing a
method for payment, while continuing to require all the services previously committed to be
provided under the lease.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION: On March 16,2005, two budget transfers to make
$225,000 available to UKCP during the current fiscal year
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
$225,000
BUDGETED: Yes x No
COST TO COUNTY:
$225,000
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management _
DIVISION DIRECTOR APPROVAL:
a Iso
Murray E. Nelson
DOCUMENTATION:
Included
X
Not Required_
DISPOSITION:
AGENDA ITEM #
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this _ day of
2005, between Monroe County (hereafter "County") and Upper Keys Community Pool, Inc.,
d/b/a Jacobs Aquatic Center of Key Largo (hereafter 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, UKCP has provided and operated the pool, but now requires additional
funding; 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; and
WHEREAS, County has approved budget resolutions for fiscal year ending September
30,2005;
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, is hereby amended as follows:
A. Paragraph 1 shall be amended by deleting, as of the County fiscal year
ending September 30, 2005, the last sentence requiring a $10 annual rental
payment.
B. A new paragraph, Paragraph 15, shall be added to read:
15. Commencing October 1, 2004, and ending September 30, 2005, County
shall pay UKCP an amount not to exceed $225,000, payable up to $18,750
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.
(a) UKCP's invoice or other request for payment document must be certified
through a statement signed by an officer of the organization and notarized,
declaring that representations in the document are true and factual.
(b) UKCP may elect to have vendors and contractors paid through
the direct vendor method, upon submission of appropriate documentation as
outlined above and a specific request that payment be made directly to the
vendor or contractor rather than to Grantee.
(c) Monroe County's performance and obligation to pay under this
agreement is contingent upon an annual appropriation by the BOCC.
C. A new paragraph, Paragraph 16, shall be added to read:
16. UKCP shall provide to the County Office of Management and Budget
monthly financial reports in summary of revenues and expenditures.
UKCP shall keep such records as are necessary to document the
performance of the agreement and expenses as incurred, and give
access to these records at the request of the County, the State of Florida
or authorized agents and representatives of said government bodies. It
is the responsibility of UKCP to maintain appropriate records to insure a
proper accounting of all funds and expenditures. UKCP understands that
it shall be responsible for repayment of any and all audit exceptions
which are identified by the Auditor General for the State of Florida, the
Clerk of Court for Monroe County, the Board of County Commissioners
for Monroe County, or their agents and representatives. In the event of
an audit exception, the current fiscal year award or any subsequent
years funding will be offset by the amount of the audit exception. In the
event the funding is not renewed or supplemented in future years, UKCP
will be billed by the County for the amount of the audit exception and
shall promptly repay any audit exception.
2. The remaining provisions of the lease dated December 14, 2000, 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.
Upper Keys Community Pool, Inc.
d/b/a Jacobs Aquatic Center of Key Largo
President
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor/Chairman