01st Amendment 04/20/2005
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
June 9, 2005
TO:
Commissioner Murray Nelson
District V
Pamela G. Hanc~
Deputy Clerk ry
;.
FROM:
At the April 20, 2005, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Amendment to Agreement between Monroe County and
Upper Keys Community Pool, Inc. d/b/a Jocobs Aquatic Center of Key Largo 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.
Enclosed is a copy 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"!
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this 20th day of
April 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 inducted
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:
UKCP Lease Amend 5/2005
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
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, the UKCP will be
billed by the County for the amount of the audit exception and
shall promptly repay any audit exception.
UKCP Lease Amend. 5/2005
2. The remaining provisions of the lease dated December 14, 2000, shall
remain in full force and effect.
IN WITNESS WHEREOF I 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 A atic Center of Key largo
~'fkb
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
'(Pia >n ~kJ')
Mayor/Chairm n
t'\)
UKCP Lease Amend. 5/2005