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04th Amendment 09/17/2008 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: October 6, 2008 TO: Andrew Trivette, Director Growth Management Division ATTN: FROM: Mayra Tezanos Executive Assistant Pamela G. HanC~c. At the September 17, 2008 Board County Commissioner's Meeting, the Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and DRC Emergency Services, LLC extending the Agreement for one year for disaster assistance in the removal of storm related marine debris. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact our office. cc: County Attorney Finance File AMENDMENT TO AGREEMENT BETWEEN DRC EMERGENCY SERVICES LLC AND MONROE COUNTY, FLORIDA THIS AMENDMENT TO AGREEMENT is made and entered into this 17th day of September, 2008, between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC") and DRC Emergency Services LLC (hereinafter "DRC"). WHEREAS, the parties entered into a non-exclusive agreement on September 20, 2006, for removal of hurricane debris including lobster traps, canal debris, and marine debris including abandoned/derelict vessels; and WHEREAS, the Agreement allows for five (5) additional one (I) year extensions at the same terms and conditions with approval from the BOCC; and WHEREAS, the Agreement was amended in September of 2007 to extend the Agreement for an additional year to provide for removal of remaining hurricane debris including the Lady Luck casino boat; and WHEREAS, it is deemed in the interest of the health, safety, and welfare of the general public to extend this Agreement in order to remove vessels and other debris that may be generated by future storm events or other natural disasters; now therefore IN CONSIDERATION of the mutual covenants contained herein the parties agree to as follows: I. Section 1.2 of the September 20,2006 agreement is hereby amended as follows: This Agreement shall be extended for the year September 20,2008 through September 19,2009. 2. Section 3.5 of the September 20,2006 agreement is h'ereby amended as follows: All invoices shall be delivered to: Richard Jones, Marine Resources Senior Administrator Division of Growth Management 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 3. Section 23 of the September 20, 2006 agreement, provision for notice to County, is hereby amended to provide notice to: Mr. Richard Jones Marine Resources Senior Administrator Division of Growth Management 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 Mr. Roman Gastesi County Administrator 1100 Simonton Street Room 2-205 Key West, Florida 33040 DRC Amendment 7-28-08 1 4. The remaining provisions of the agreement dated September 20,2006, not inconsistent herewith, 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. (SEAL) ATTEST: DANNY' L. KOLHAGE, CLERK (].. ~ ~<-~~ Deputy Clerk BOARD OF COUNTY COMMISSIONERS ~lY~_FLOR~A Mayor/Chairman Print Name: ty (' k. 0\.. H \A vrf , I'"' ..... <= = .... o n -i J en :>:>0 ::z: ::l: o t:J Z )> :--"J n ?;: :::Jr--.oc,_ ....'c..~_~ ( ,.:: --;,~r - -.',,-..-,. -q .....~' c- O) DRe Amendment 7-28-08 2