02nd Amendment 10/19/2005
C18111 0I1h8
Circul coun
Danny L. Kolhage
Office (305) 295-3130 Fax (305) 295-3663
Memnrandum
To:
David P. Owens,
Grants Administrator
From:
Isabel C. DeSantis, ~)
Deputy Clerk tJ
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Thursday, November 17, 2005
Date:
At the BOCC meeting on October 19, 2005, the Board approved the following
documents:
Contracts with Non-Profit Service Organizations funded by the County for
Fiscal Year 2006. These organizations do not apply to the Human Services Advisory
Board; they are funded directly by the Board of County Commissioners as line items in
the Budget:
Heart of the Keys Recreation Association, in the amount of $40,000.00.
~ Upper Keys Community Pool, Inc., d/b/a Jacob's Aquatic Center of Key
Largo, in an amount not to exceed $225,000.00.
Agreements with Human Service Organizations funded by the County for Fiscal
Year 2006, for which funding recommendations are made by the Human Services
Advisory Board:
Good Health Clinic, Inc., in the amount of $17,995.00.
Boys and Girls Club, Inc., in the amount of $50,000.00.
Enclosed are duplicate originals of the subject documents for your handling.
Should you have any questions, please do not hesitate to contact this office.
cc: County Attorney
Finance
J'File
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this 19+ jday of Oc f.
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, County has provided funding for operations via a lease amendment
dated April 20, 2005; and
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WHEREAS, UKCP has provided and operated the pool, but requires funding for
operations; and
WHEREAS, County has deemed it in the best interests of the residents and general
public to provide additional monies for operations, maintenance and all other obligations
imposed upon UKCP by the lease dated December 14, 2000, as amended April 20, 2005;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the
parties agree to the amended agreement as follows:
1. The lease dated December 14, 2000, as amended April 20, 2005, is hereby
amended as follows:
A. A new paragraph, Paragraph 15A, shall be added to read:
15. Commencing October 1, 2005, and ending September 30, 2006,
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.
2. The remaining provisions of the lease dated December 14, 2000, as amended April
20, 2005, shall remain in full force and effect.
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{<;;:'iNiWff~ESS, WHEREOF, the parties have set their hands and seal on the day and
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(SEAL)
ATTEST: DANNYL. KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY~~ Q . ID-v>l~
Deputy Clerk
By ~A;~ >n ~MJ
Mayor/Chairman
Upper Keys Communit~ Pool, Inc.
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ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service Organizations, county
travelers, and contractual parties who have reimbursable expenses associated with Monroe
County business. These guidelines, as they relate to travel, are from Florida Statute 112.061.
A cover letter summarizing the major line items on the reimbursable expense request needs to
also contain a notarized certified statement such as:
"I certify 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."
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: 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 Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel
Expenses. Travel must be submitted in accordance with Florida Statute 112.061. 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.
Meal reimbursement is: breakfast at $3.00, lunch at $6.00, and dinner at $12.00. 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.
Mileage reimbursement is calculated at .29 cents per mile for personal auto mileage while on
County business. 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 form one's home to the airport for a business trip is not a reimbursable expense.
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.
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 OS/28/01 XXX.XX
(A) Total $ X.XXX.XX
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D-C) $ X.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 organizations_ 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 2001
by who is personally known to me.
Notary Public
Notary Stamp
COMMUNITY SWIMMING POOL
LEASE AGREEMENT
This Agreement is made and entered into on this the 1'-1 t~f /)ecember; 2000, by
MONROE COUNTY, a political subdivision of the State of Florida, whose address is 5100 College
Road, Stock Island, Key West, FL 33040, hereafter County, and the UPPER KEYS COMMUNITY
POOL, INC., a not-for-profit corporation, whose address is 89 North Bay Harbor Drive, Key Largo,
FL 33037, hereafter UKCP.
WHEREAS, UKCP has received a generous donation for the construction and operation of a
community swimming pool and related facilities at the Key Largo Community Park, hereafter
KLCP; and
WHEREAS, the County is desirous of leasing a portion of the KLCP for use as a community
swimming pool and related facilities; now, therefore
IN CONSIDERATION of the following mutual promises and covenants, the parties agree as
follows:
1. The County hereby leases to UKCP a parcel of land located at KLCP depicted on
Exhibit A (hereafter, the premises). Exhibit A is attached to, and incorporated in, this lease.
The rental payment is $10.00 per year due on the anniversary date of this lease.
2. The term of this lease is 20 years commencing on the date first written above.
3:
Upon the termination of this lease, either pursuant to this paragraph or as provi~d jlse~er~n
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this lease, UKCP must peacefully surrender and abandon the premises to the Co~-~ c-) 0
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3. a) Within 36 months from the date first written above, UKCP ~~ause ta:tDe
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constructed upon the premises the swimming pool and related facilities as gen~ll~ d~e~n
f~ fTI en ~
Exhibit B. UKCP may utilize the services of such architects, engineers, contractors and~plitii:!rs
whom UKCP determines to be most suitable. The final location and design of the swimming pool
and related facilities are subject to the approval of the County Engineer, but such approval is not
intended to waive the responsibility and duty of the architect(s) and engineer(s) employed by .
UKCP to furnish a professionally engineered and designed high quality work product.
b) During the process of construction of the swimming pool and related facilities, and
thereafter, UKCP must not allow, suffer or permit any lien or encumbrance, however
denominated, to be filed against the premises or any part or portion of the swimming pool or
related facilities. If such a lien or encumbrance is filed, then UKCP shall immediately cause the
cancellation and removal of such lien or encumbrance. Further, during the process of
constructing the swimming pool and related facilities and until (a) the certificate of occupancy is
issued, (b) requests for final payment have been received from all contractors in privity with
UKCP showing that all their subcontractors and materialmen have been paid, and (c) a certificate
of satisfaction and final payment has been received from each contractor in privity with UKCP,
UKCP must keep in full force and effect construction and performance bonds in the amount of the
final construction price.
c) When a certificate of occupancy is issued for the swimming pool and related
facilities, then title to, and ownership of, those improvements automatically vests in the County.
4. Notwithstanding subparagraph 3(c), once a certificate of occupancy has been
issued for the swimming pool and related facilities, UKCP must thereafter continuously maintain
the pool, and its water quality, in accordance with all applicable state laws and administrative
regulations. The UKCP must also operate the pool and related facilities in accordance with all
applicable state laws and administrative regulations. All permits (state or local government)
necessary for the operation of the pool shall be applied for by, and shall be in the name of, UKCP.
If a fine or penalty is imposed by any state or local government agency having jurisdiction over
public swimming pools due to the failure of UKCP to keep and maintain the pool in conformity
with state law or administrative rules, then UKCP shall be solely responsible for the payment of
that fine or penalty. UKCP shall also be responsible for all other upkeep, maintenance and repairs
of the premises, the pool and the pool-related facilities, including but not limited to, structural
and mechanical repairs.
5. a) Once the swimming pool and related facilities are complete and a certificate of
occupancy issued, then UKCP must keep open the pool and facilities daily for use by the general
publiC with trained life guard(s) on duty at all times that the pool is open. UKCP may also
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conduct, instructional and recreational programs, but when such programs are not being
conducted, the pool and facilities must be open to the general public. UKCP is authorized to
charge admission fees to members of the general public desiring to use the pool and facilities and
to charge fees for all instructional or recreational programs; provided, however, that fees be
charged for admittance or for any instructional or recreational program, must not be
differentiated based on any of the criteria set forth in (b)(l) below, nor on membership in any
organization.
b) In making the swimming pool and related facilities available to the general public
and for instructional and recreational programs, UKCP must:
1) Not cause, suffer or permit any individual to be discriminated against on the
basis of race, religion, national origin, gender, or sexual orientation;
2) Not cause, , suffer or permit any individual to be discriminated against in
violation of the Americans With Disabilities Act (42 USCA 12101, et seq.).
c) All revenues generated at premises, less a reasonable reserve for administrative
overhead (not to exceed 5% of gross revenues), must be deposited by UKCP in a separate
dedicated pool account for the operation, upkeep, maintenance and repairs of the premises,
swimming pool and related facilities.
d) All UKCP financial records pertaining to the premises, the swimming pool and
related facilities must be kept according to generally accepted accounting principles and made
available to auditors employed by the County or the state during regular business hours (Monday
through Friday, 8:30 AM to 5 PM, holidays excepted). UKCP also aCknowledges that all records
pertaining to the premises, swimming pool and related facilities are public records under Chapter
119, F.S., and must be made available for examination and copying by any member of the public
who so requests, in accordance with the provisions of Chapter 119, F.S.
e) The Board of County Commissioners (BOCC) may, but is not obligated to,
appropriate revenue from any lawfully available source for the construction, upkeep,
maintenance, repair or operation of the swimming pool and related facilities, when so requested
by UKCP.
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6. UKCP acknowledges that the premises were purchased with funds received from the
Florida Communities Trust (FCT). As a result, use of the premises is subject to the provisions of
the restrictive covenants attached as Exhibit C. Exhibit C is attached to, and incorporated into,
this lease. Should the FCT determine that any portion of the lease is in conflict with any term or
condition of Exhibit C, or is in conflict with any relevant provision of federal or state law or
administrative rule, then that determination will supersede any contrary provision of this lease to
the extent of the conflict.
7. a) Before opening the swimming pool and related facilities to the public, UKCP must
obtain the insurance as set forth in Exhibit D. Exhibit 0 is attached and made a part of this
lease.
b) UKCP must keep in full force and effect the insurance described in Exhibit 0 during
the term of this lease. If the insurance pOliCies originally purchased which meet the requirements
of Exhibit 0 are canceled, terminated or reduced in coverage, then UKCP must immediately
substitute complying policies so that no gap in coverage occurs.
c) The insurance reqUired of UKCP in this paragraph is for the protection of the
County, its property and employees, and the general public. The insurance requirement is not,
however, for the protection of any speCific member of the general public who might be injured
because of an act or omission of UKCP, its employees, agents or contractors. The insurance
reqUirements of this paragraph are not intended to make any specific injured member of the
general public a third party beneficiary under this lease. No failure by the County to enforce this
paragraph shall constitute a breach of any duty or obligation owed to any specific member of the
general public, nor shall it subject the County to liability to a speCific member of the general
public or his/her dependents, estate or heirs.
8. UKCP is liable for and must fully defend, release, discharge, indemnify and hold
harmless the County, the members of the County Commission, County officers and employees,
and County agents and contractors, from and against any and all claims, demands, causes of
action, losses, costs and expenses of whatever type including without limitation investigation and
witness costs and attorneys' fees and costs, that arise out of or are attributable to UKCP's actions
4
and operation undertaken pursuant to this lease; excluding, however, any claims, demands,
damages, liabilities, actions, causes of action, losses, costs and expenses that are solely the
result of negligence of the County. UKCP's purchase of the insurance required in paragraph 7 and
Exhibit 0 does not release or vitiate its obligations under this paragraph.
9. a) Subject to subparagraph 9(b), UKCP may contractually provide for the performance
of specific duties and obligations under this lease by persons who, in UKCP's judgment, are
professionally qualified to perform such duties or obligations. No such contract will operate to
waive or relieve UKCP from those duties and obligations, nor shall any consequent liability for the
failure to perform any of those duties and obligations be deemed waived, absent a written waiver
approved by the BOCC.
b) UKCP may subcontract with a not-for-profit entity for the operation of the
swimming pool and related facilities. Any such contract is subject to the approval of the BOCC
and the FCT, which may impose such conditions as it or they deem necessary to serve the public
or to protect the rights of FCT bondholders. At a minimum the contract must contain provisions
similar to the ones in this lease regarding:
1. restrictions on the use of revenue generated at the premises;
2. the prohibition of differential fees based on membership;
3. presence of lifeguards;
4. nondiscrimination;
S. assurances that the pool and facilities will be kept open and available to the
general public when not in use by instructional or recreational programs;
6. audits and record keeping;
7. insurance.
Any operational contract entered into by UKCP will not operate to waive or relieve UKCP
from its duties and obligations, nor from any consequent liability for failure to perform operational
duties satisfactorily, absent a written waiver approved by UKCP and the BOCC.
10. a) The County may terminate this lease for cause if UKCP fails to comply with its
obligations under this lease. Before the County may terminate this lease, it must give UKCP
written notice of the default stating that, if the default is not cured within 15 days from the date
of the notice, then the County will terminate this lease. Termination under this subparagraph
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does not relieve UKCP from whatever damages the County may have suffered because of UKCP's
default.
b) The County may terminate this lease without cause if, after the date first written
above, the BOCC determines that the economics of the construction of the pool and related
facilities, or the on-going operation and maintenance, would require an annual expenditure of tax
revenue or an annual expenditure of tax revenue in an amount the BOCC determines is
imprudent. If this lease is terminated under this subparagraph, then neither party will have
further obligation, duty or liability with respect to the other.
c) Notwithstanding anything to the contrary in subparagraph 10{a), the County
Administrator may order the swimming pool and related facilities closed immediatelo/ if he
determines that a condition has arisen, whether caused by UKCP's failure to perform or by an
external event beyond UKCP's control, that threatens the health or safety of the public. The
County Administrator may order the swimming pool and related facilities closed until such time as
the condition is corrected.
11. This lease is governed by the laws of the State of Florida. Venue for any litigation
arising under this Agreement must be in Monroe County, Florida. In the event of any litigation,
the prevailing party is entitled to recover its reasonable fair market value attorney fees and costs.
12. This lease has been carefully reviewed by UKCP and the County after input from
both parties. Therefore, this Agreement is not to be construed against any party on the basis of
authorship.
13. Notices as provided for in this Agreement, unless otherwise specified, must be sent
by certified mail as follows:
TO COUNTY
TO UKCP
County Administrator
Public Service Building
5100 COllege Road
Key West, FL 33040
Tim Bricker
89 North Bay Harbor Drive
Key Largo, FL 33037
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14. This lease is the parties' final mutual understanding. It replaces any earlier
agreements or understandings, whether written or oral. This lease cannot be modified or
replaced except by another written and signed agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
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BOARD OF COUNTY COMMISSIONERS
OF ONROE COUNTY, FLORIDA
sj-:
Deputy Clerk
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(SEAL) ,
ATTEST:
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UPPER KEYS COMMUNITY POOL, INC.
By
Title
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jdleaseUKCP
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