1st Amendment 06/16/2010
AMENDMENT (1st AMENDMENT} TO INTER-LOCAL AGREEMENT
THIS AMENDMENT to agreement dated the IU~ay of ~ 2010, is entered into by and
between the Board of County Conlmissioners for Mon., County, on behaK of the T oufist
Development Council, and The City of Key West, a municipal corporation;
WHEREAS, there was an agreement entered into on October 19, 2005 between the parties,
awarding $380,000 to the City of Key West for the Smathers and Rest Beach Maintenance
Services; and
WHEREAS, the agreement has an option to extend for a five year period; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties
agree to the amended agreement as follows:
1. The agreement period as outlined in Paragraph 1 is extended to September 30,2015.
2. The reference to the Project Manager as Roland Flowers, City Engineer, along with his
contact information, contained in the second sentence of paragraph 2(a) is deleted and
replaced with Greg Veliz, Director of Community Services, telephone: (305) 809-3767;
email: gveliz@keywestcity.com.
3. The reference to section 286.28, Florida Statutes, contained in the first sentence of
paragraph 9(a) is deleted and replaced with section 768.28, Florida Statutes.
4. The language contained in paragraph 10 is deleted in its entirety and replaced with the
fo Ifowing:
NON-DISCRIMINATION. The parties agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of f
competent jurisdiction that discrimination has occurred, this Agreement automatically' . ·
terminates without any further action on the part of any party, effectlve the date of the court
order. The parties 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 prohibit discrimination in
'employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 use ~~ 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 use ~ 794), which prohibits discrimination on the basis of handicaps; 4)
The Age Discrimination Act of 1975. as amended (42 use ~~ 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, ~~ 523 and 527 (42 use
~s 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 use ~~ 3601 at seq.). as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 use ~~ 1201), as amended from time to time,
Amendment #1
City of Key West: Smathers and Rest Beach Maintenance Services
ID# 134
relating to nondiscrimination in employment on the basis of disability; 10) Monroe County
Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age; and 11) any other nondiscrimination provisions in any federa1 or state statutes
which may apply to the parties to. or the subject matter of. this Agreement.
..,'
The contact information for written notice to the Grantee as Roland Flowers, City Engineer,
along with his contact information, in paragraph 21 is deleted and replaced with Greg Veliz,
Director of Community Services. P.O. Box 1409, Key West, FL, 33041.
The remaining provisions of the agreement dated October 19, 2005, remain in full force and
effect.
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/,f~~S WHEREOF, the parties have set their hands and seal on the day and year first
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Amendment #1
City of Key West: Smathers and Rest Beach Maintenance Services
ID# 134