1st Amendment 09/19/2018� f —' GC1UR' 8 C ,off
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Clerk of the Circuit Court & Comptroller = Monroe County, Florida
DATE: October 10, 2018
TO: Rich Jones, Sr. Administrator
Marine Resources
Planning & Environmental Resources
Alison Smith, Executive Assistant
Planning & Environmental Resources
FROM: Pamela Hancock, D.C.
SUBJECT: August 15' /September 19 BOCC Meetings
Attached are electronic copies of the following items for your handling:
August 15 :
K7 Contract with American Underwater Contractors, Inc. for Installation and
Maintenance of Aids to Navigation and Regulatory Markers in Monroe County.
September 19'
I1 Interlocal Agreement between Monroe County and the City of Key West (City)
reimbursing the City in an amount up to $30,000.00 from Boating Improvement Funds for costs
to be incurred by the City during Fiscal Year 2019 for boat ramp repairs.
I2 Arnendment No.1 to the Interlocal Agreement (ILA) between Monroe County
(County) and the City of Marathon (City) extending the ILA through August 1, 2019 to allow
additional time for the City to complete maintenance to the Quay Boat Ramp and submit required
project completion documentation to the County as set forth in the ILA.
Should you have any questions, please feel free to contact me at extension 3130.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 311' 7 Overseas Highway 88820 Overseas Highway
Key Test, Florida 33040 Marathon, Florida 33050 Plantation }fey, Florida 33070
305- 294 -4641 305 - 289 -6027 305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305- 852 -7145
AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT
BETWEEN THE CITY OF MARATHON, FLORIDA
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT ( "Amendment ")
is made and entered into this 19th day of September, 2018, between the Monroe County Board of
County Commissioners (hereinafter the "COUNTY" or "BOCC ") and the City of Marathon
(hereinafter the "CITY ").
WHEREAS, the parties entered into an Interlocal Agreement (Agreement) on July 19,
2017; and
WHEREAS, the Agreement provides for reimbursement funding, in the amount of $30,000,
to be provided to the City from County Boating Improvement Funds (BIF) for costs incurred by the
City during Fiscal Year 2018 for repaving at the Quay boat launching facility (Project); and
WHEREAS, the City has represented that the Project will not be completed during Fiscal
Year 2018 as anticipated due to the City confronting issues related to Hurricane Irma; and
WHEREAS, the County and City desire to amend the Agreement to extend the Project
completion deadline through June 30, 2019, by which time the City anticipates completing said
Project;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and obligations contained
herein, and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the undersigned parties agree to as follows:
1. The following recitals are true and correct and are hereby incorporated as if fully stated herein.
2. With respect to the second prefatory paragraph of the July 19, 2017 Agreement, expressly
incorporated by reference at Section 1.1 of said Agreement, the County and City mutually
desire to amend to extend the time limitation during which the aforesaid reimbursement
funding may be provided to the City from County Boating Improvement Funds (BIF) for costs
to be incurred by the City for repaving at the Quay boat launching facility ("Project") from
"during FY' 18" to "up to and including June 30, 2019."
3. Section 1. (entitled "Payment. ") of the July 19, 2017 Agreement is hereby amended as
follows:
Section 1. Payment. The COUNTY agrees to reimburse the CITY for costs incurred up to
and including June 30, 2019, as follows:
4. Section 1.3 of the July 19, 2017 Agreement is hereby amended as follows:
To receive payment, the CITY shall submit all requests for payment and applicable invoices
to the Senior Administrator of the COUNTY's Marine Resources Office by August 1,
2019. The invoices must describe the services performed, together with proof that payment
has been made to the CITY's contractor(s). All documentation shall be forwarded to the
County Clerk for payment. Any other documentation requested by the Clerk shall be
provided.
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5. The following new provision, entitled Section 10.5, shall be considered added immediately
after Section 10.4 of the July 19, 2017 Agreement, and is and shall be construed as part of the
Agreement as if fully set forth therein:
Section 10.5. Public Access and Public Records Compliance. The CITY must comply
with Florida public records laws, including but not limited to Chapter 119, Florida Statutes
and Section 24 of Article I of the Florida Constitution. The COUNTY and the CITY shall
allow and permit reasonable access to, and inspection of, all documents, records, papers,
letters, or other "public record" materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the CITY and
COUNTY in conjunction with and in connection with this Agreement and related to
performance of this Agreement. The COUNTY shall have the right to unilaterally cancel
this Agreement upon violation of this provision by the CITY. Failure of the CITY to abide
by the terms of this provision shall be deemed a material breach of this Agreement and the
COUNTY may enforce the terms of this provision in the form of a court proceeding and
shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or expiration
of this 'Agreement.
Pursuant to Chapter 119, Florida Statutes, the CITY is required to:
al Keep and maintain public records that would be required by the COUNTY to perform
the Agreement.
al Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law.
al Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the Agreement term and following completion of the Agreement if the CITY
does not transfer the records to the COUNTY.
al Upon completion of the Agreement, transfer, at no cost, to the COUNTY all public
records in possession of the CITY or keep and maintain all public records that would be
required by the COUNTY to perform the Agreement. If the CITY transfers all public
records to the COUNTY upon completion of the Agreement, the CITY shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the CITY keeps and maintains public records upon
completion of the Agreement, the CITY shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the
COUNTY, upon request from the COUNTY's custodian of records, in a format that is
compatible with the information technology systems of the COUNTY.
Ill The CITY shall not transfer custody, release, alter, destroy, or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by
law.
6. All of the other conditions, covenants, provisions, and terms of the Agreement dated July 19,
2017, except those expressly modified and rendered inconsistent by this Amendment, remain
in full force and effect and binding upon the parties.
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7. This Amendment may be executed in several counterparts, each of which shall be deemed an
original and such counterparts shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year
f ° ., : - written.
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...„....„ ,,, MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
s- OF MONRO OUN Y . FLORIDA
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Deputy Clerk Mayor Da 1• Rice
APPROVED AS TO FORM AND
MONROE COUNTY ATrO EY LEGAL SUFFICIENCY
APP ED AS M
Date: BY:t-` —Z---------"-
Assistant County Attorney
TH r OF� • ' • Of ORIDA
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Chuck Lindsey,Atal aer 0
Date: W 41
ATTEST:
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Diane Clavier
City Clerk
(City Seal)
3 a.!
APPROVED AS TO FORM AND LEGALITY FOR THE USE =c -. r
AND RELIANCE 0 ,' THE CITY OF MARATHON, FLORIDA ONLY: m .. v rn
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BY: / _ c1
D.vid MT t, Esq. : ._ - . , ;', cri
City Attorney ` : r c�'
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