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Item U2 BOARD OF COUNTY COMMISSIONERS Agenda Item Summary Meeting Date August 20, 2003 Division County Attorney AGENDA ITEM WORDING Approval of an Amendment to Agreement with Upper Keys Community Pool, Inc. in order to correct a typographical error referring to a DEP Grant number, and provide for UKCP to submit reimbursement documentation directly to DEP, in addition to documentation already required to be submitted to the Finance Dept. ITEM BACKGROUND The Board approved an Agreement on September 18, 2002 concerning grant funding of the construction of a community pool and related facilities in Key Largo. PREVIOUS RELEVANT BOCC AcnON See above. CONTRACT I AGREEMENT CHANGES STAFF RECOMMENDAnONS TOTAL COST BUDGETED Yes No COST TO COUNTY SOURCE OF FUNDS APPROVED BY: County Attorney - OMB/Purchasing 0 Risk Management 0 DIVISION DIRECTOR APPROVAL,Q ~~ 07/zt/t13 JOHN R. COLUNS DOCUMENTAnON: Included 0 To Follow 0 Not Required 0 AGENDA ITEM # V~_ AMENDMENT TO AGREEMENT Upper Keys Community Pool THIS AMENDMENT is entered into this day of Monroe Coll"lty (County), and Upper Keys Community Pool, Inc. (UKCP). , 2003, by and between WHEREAS, the parties entered into an agreement on September 18, 2002 to govern the parties' interest in DEP Grant No. F3666; and WHEREAS, a typographical error occurred in paragraphs 3, referencing DEP Grant No. F0208 in lieu of F3666; and and WHEREAS, UKCP directly submitted documentation to DEP for payment under DEP Grant No. F3666; WHEREAS, it is desired to amend the agreement to reflect the above; now, therefore IN CONSIDERA nON of the following mutual promises and benefits, the parties agree to amend the contract dated September 18, 2002 as follows: 1. Paragraph 2 shall be amended by adding: Should UKCP directly submit to DEP request for payment, UKCP shall provide to County prior to disbursal of any funds complete documentation as described in paragraphs 1 and 2. 2. Paragraph 3 shall be amended to read as follows: The parties recognize that under DEP's current rules, some pre-grant agreement expenses are permissible, but the current DEP rule governing reimbursement of pre-ogreement expenditures is subject to interpretation. UKCP shall hold harmless Monroe County from any and all audit exceptions discovered by DEP during the three-year period after the fiscal year in which the final project payment is released by DEP under Grant No. F3666. 3. All other provisions of the agreement entered September 18, 2002 not inconsistent herewith remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) A TTEST: DANNY L. KOLHAGE, Q..ERK By Clerk (SEAL) ATTEST: By Title BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairperson UPPER KEYS COMMUNITY POOL, INC. By .. Title .. Q conukcpaa