1st Amendment 07/16/2014AMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
M0 M E COUNTY, FAO M
DATE: September 4, 2014
TO: Bob Shillinger,
County Attorney
ATTN. • Kathy Peters
FROM: Lindsey Ballard, D. C9
At the July 16, 2014, Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item P6 First Amendment to Agreement between North Key Largo Utility
Corporation (NKLUC) and Monroe County which provided funding for water quality projects. This
amendment allows NKLUC to begin design and construction on designated projects immediately at no
additional cost to COUNTY; and date for funding by County will remain unchanged, subsequent to
October 1, 2014.
Enclosed are is a duplicate original of the above -mentioned for your handling. Should you have
any questions, please feel free to contact my office.
cc: County Attorney (electronic copy)
Finance (electronic copy)
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: 305-852-7146
FIRST AMENDMENT TO AGREEMENT BETWEEN
NORTH KEY LARGO UTILITY CORPORATION
AND MONROE COUNTY
THIS FIRST AMENDMENT ("AMENDMENT") to AGREEMENT dated May 21 st, 2014,
between NORTH KEY LARGO UTILITY CORPORATION("NKLUC") and MONROE
COUNTY ("COUNTY"), is made and entered into this day of July 2014, in order to
amend the AGREEMENT as follows:
1. This Amendment adopts and reasserts the public purpose considerations stated in the
"Whereas" clauses of the Agreement dated May 2Is', 2014, as if fully stated herein.
2. Paragraph 3 of the May 21 St 2014 Agreement is hereby amended to read as follows:
"3. The COUNTY'S performance and obligation to pay under this contract, is
contingent upon an annual appropriation by the Board of County Commissioners (BOCC).
The County's obligation to reimburse NKLUC under this Agreement shall not begin until
October 1, 2014. NKLUC has advised the COUNTY that it began construction on one or more
of its projects on May 21St, 2014, is prepared to pay upfront for that work and will not request
reimbursement until after October 1, 2014. NKLUC and COUNTY agree that all the
requirements listed in the May 21St 2014 Agreement shall appl t� o any projects begun prior to
October 1, 2014. If the consideration for this Agreement is subject to multi -year funding
allocations, funding for each applicable fiscal year of this Agreement will be subject to BOCC
appropriation. In the event the COUNTY does not approve funding for any subsequent fiscal
year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding
other provisions in this Agreement to the contrary."
3. Paragraph 14 of the May 2 1 " 2014 Agreement is hereby amended to read as follows:
"14. The County and NKLUC agree that as related to the work of this specific
agreement and its amendments, NKLUC shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and NKLUC in conjunction with this Agreement; and the County shall have the right to
unilaterally cancel this Agreement upon violation of this provision by Contractor. NKLUC is
required to:
1. Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service.
2. Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
4. Meet all requirements for retaining public records and transfer, at no cost, to the public
agency all public records in possession of the contractor upon termination of the contract
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and destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be
provided to the public agency in a format that is compatible with the information
technology ystems of the public agency
4. All other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF the COUNTY and NKLUC hereto have executed this
Agreement on the day and date first written above in four (4) counterparts, each of which shall,
without proof or accounting for the other counterparts, be deemed an original contract.
(SEAL)
Attest: AMY HEAVILIN, CPA
CLEF OF COURT
By:
eputy Jerk
Date: stc m ter _q
NKLUC:
By:
David Ritz, President
Date: �12-
Address: North Key Largo Utility Corp.
24 Dockside Lane, #512
Key Largo, FL 33037
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Wayor i
D. i
MONROE COUNTY ATTORNEY
PROVED AS TO'FC
NATILEENE W. CASSEL —
ASSISTANT COUNTY AS
Date
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