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09th Amendment 04/17/2013AMY HEAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY, FLORIDA TO: Christine Hurley, Director Growth Management Division ATTN.• Mayra Tezanos Executive Assistant FROM: Pamela G. HanckC. At the April 17, 2013, Board of County Commissioner's meeting, the Board granted approval and authorized execution of Item G1 Board granted approval of Amendment No. 9 to the 2006 Agreement with DRC Emergency Services, LLC extending the Agreement through February 28, 2014, providing for continuous marine debris removal services by the same vendor throughout the entirety of the 2013 hurricane season, and providing for the execution of future marine debris recovery agreements and amendments to occur outside of hurricane season. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact our office. cc: County Attorney Finance File ✓ 500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305- 295 -3130 Fax: 305 - 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305- 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 851 -7146 DATE: May 1, 2013 AMENDMENT NO.9 TO AGREEMENT BETWEEN DRC EMERGENCY SERVICES, LLC AND MONROE COUNTY, FLORIDA THIS AMENDMENT TO AGREEMENT ( "Amendment ") is made and entered into this 17th day of April, 2013 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 (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 (1) year extensions on the same terms and conditions with approval from the BOCC; and WHEREAS, this Agreement was extended for one year commencing on September 20, 2007, again on September 20, 2008, again on September 20, 2009, and on September 20, 2010, and again on September 20, 2011; and WHEREAS, other provisions of the Agreement were amended on November 15, 2006 and again on August 15, 2007; and WHEREAS, Exhibit A and Exhibit B of this Agreement were amended on May 19, 2010; and WHEREAS, the Agreement with DRC expires April 19, 2013; and WHEREAS, it is deemed in the interest of the health, safety, and welfare of the general public to continue to have a vendor under contract in order to remove vessels, traps, and other debris that may be generated by future storm events or other natural disasters; and WHEREAS, it is deemed in the best interest of the County to have marine debris recovery services provided by a single vendor throughout the entirety of hurricane season; and WHEREAS, it is deemed in the best interest of the County to schedule the execution of future marine debris recovery contracts and /or amendments outside of hurricane season, necessitating the extension of the Agreement until February 28, 2014; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein the parties agree to as follows: Section 1.2 of the September 20, 2006 Agreement is hereby amended as follows: This Agreement shall be extended for the period April 20, 2013 through February 28, 2014. 2. The remaining provisions of the Agreement dated September 20, 2006 as previously amended, not inconsistent herewith, remain in full force and effect. DRC Amendment 3 -26 -2013 IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) ATTEST: AMY HEAVILIN, CLERK Deputy Clerk WITNESSES: ) Print Name: h I I t✓ 2. �j Print Name: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Jf ayor George Neugent DRC EME ENCY SERVICES, LLC By: PrintName: r 1c4 Lee F c AStoy Title: r + k M CD w ma C'. =c r*a S M w MONROE COUNTY ATTORNEY APPROVED AS TO CORM; ' SUSAN M. GR SLEY ASSISTANT COUNTY ATTORNEY DRC Amendment 3 -26 -2013 2