Item D2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: JULY 14.2004 Division: TDC
Bulk Item: Yes -X- No
Department:
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with Islamorada Village of Islands to extend
Agreement until September 30,2005.
ITEM BACKGROUND:
PREVIOUS REVELANT BOCC ACTION:
BOCC approved original Agreement at their meeting of July 17, 2002
BOCC approved Amendment to Agreement at their meeting of January 15, 2003
BOCC approved Amendment to Agreement at their meeting of October 15, 2003
BOCC approved Amendment to Agreement at their meeting of March 17, 2004
CONTRACT/AGREEMENT CHANGES:
Amendment to extend
ST AFF RECOMMENDATIONS:
Approval
TOTAL COST: $274.814
BUDGETED: Yes ~ No
COST TO COUNTY: $274.814
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X- No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty -L
(Lynda Stuart)
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
fuc1uded X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # \) d-
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Islamorada Village Contract #_
Of Islands Effective Date: 7/14/04
Expiration Date:
Contract Purpose/Description:
Approval of an Amendment with the Islamorada Village of Islands for the
Amphitheatre proiect until September 30.2005.
Contract Manager: Maxine Pacini 3523 TDC#3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 7/14//04 Agenda Deadline: 6/29/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 274,814
Budgeted? YesC8J No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $ 156,702
120-70040-530460- T20M -435-Z-530340
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
~~FIn Needed~.
Division Director ~ YesONo[2f",-",
Risk Management "hz/fJ"( Y esO No~
O.M.B.lPurchasing ii/ifIttf y esO No0'
County Attorney c.\\c,\crk YesO No
Date Out
Comments:
OMB Form Revised 2/27/01 MCP #2
\. lECElVED M~"" 3 20M,.
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MAYOR CHRIS SANTE
VICE MAYOR ROBaTjOHNSON
COUNCILMAN MIKE FORSTER
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COUNClLMAN MICHAEL RECKWERDT
COUNCILWOMAN PATIY SCHMIDT
TO:
District IV Advisory Committee
Tourist Development Council
THROUGH:
Lynda Stuart
Office Manager
SUBJ:
May 10, 2004
Bernie LaPira, Village Manager 13;;('
Extension of Amphitheater Project Agreement into FY 04-05
DATE:
FROM:
In July 2002, the District IV Advisory Committee approved a capital project in the amount of
$ 149,672 for the construction of an amphitheater at Founders Park in Islamorada. In January
2003, the Committee increased the amount of this agreement to $ 274,814.
In October 2003, the District IV Advisory Committee granted the Village an extension of this
agreement until March 31, 2004, and subsequently granted a further extension until September
30, 2004.
At that time, the Village's projected completion date was well within this deadline. Due to
constant conflicts and delays, progress on this project has been unsatisfactory and there is
growing evidence of possible design problems. As of today, there is no estimated project
completion date which can be relied upon. After numerous attempts to get the parties involved
in the design and construction of this project to move towards completion, the Village requested a
process audit. The purpose of this audit, performed by Chen and Associates, Inc., was to
determine what went wrong with this project and what actions the Village can take to bring this
project to completion. The audit resulted in a recommendation that the Village solicit a qualified
engineering/construction management (CM) firm to undertake a complete engineering review and
determine constructability and functionality of the project as designed. At a Special Call Village
Council meeting on April 26, 2004 the Village Council voted to proceed with this
recommendation,
We anticipate that this review will be completed by September 2004, and the Village Council can
then determine how to proceed with the amphitheater project based on the results of this review.
The Village Council continues to be committed to the completion of an amphitheater facility at
Founders Park. However, given that the engineering review won't be completed until close to
the end of Fiscal Year 03-04, we are respectfully requesting that the District IV Advisory
Committee grant the Village of Islamorada an additional extension of the agreement until
September 30, 200S (the end of Fiscal Year 04-05). As of this date, the Village has been
reimbursed $ 124,461.95 under this agreement.
We appreciate your consideration of this request. If you have any questions or need additional
information, please contact Cindy Lawson, Deputy Village Manager, at 305-664-2345 ext 237.
P.O. Box 568 · ISlAMORADA, FL 33036
305,664.2345 FAX 305.853.5357 www.islamorada.fl.us
AMENDMENT TO INTER-LOCAL AGREEMENT
THIS ADDENDUM to agreement is made and entered into this _ day of
2004, between the County of Monroe and The Islamorada Village of Islands.
WHEREAS, there was a contract entered into on July 17, 2002, between the
parties, awarding $149,672; amended on January 15, 2003 awarding an additional
$125,142 to the Islamorada Village of Islands for the Amphitheater project, and
amended on October 15, 2003 for an extension of agreement; and amended on March
17,2004 for an extension of agreement; and
WHEREAS, it has become necessary to extend the contract for an additional
period to allow time for The Islamorada Village of Islands to complete the project;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1.
2005.
Contract period as outlined in Paragraph 1 be extended to September 30,
2. The remaining provisions of the contract dated July 17, 2002, amended
January 15, 2003, October 15, 2003 and March 17,2004 remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day
and year first above written.
The Islamorada Village of Islands
(SEAL)
ATTEST: ISLAMORADA VILLAGE
CLERK
Mayor
Clerk
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor/Chairman
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AMENDMENTTOINTER~OCALAGREEMENT
~HIS ADDENDUM to agreement .i,s made and entered into this a!... day of
2004, between the County of Monroe and THE ISLAMORADA VILLAGE OF
IDS.
WHEREAS, there was a contract entered into on July 17, 2002, between the
parties, awarding $149,672; amended on January 15, 2003 awarding an additional
$125,142 to the Islamorada Village of Islands for the Amphitheater project, and
amended on October 15, 2003 for an extension of agreement; and
WHEREAS, it has become necessary to extend the contract for an additional
period to allow time for The Islamorada Village of Islands to complete the project;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1. Contract period as outlined in Paragraph 1 shall be extended to
September 30, 2004.
2. This project shall be completed and invoices submitted to the County
Finance Department no later than September 30, 2004. The Grant-in-Aid
funds must be expended by September 30, 2004. No funds will be
available for use for this project agreement after September 30, 2004.
3. The remaining provisions of the contract dated July 17, 2002, amended
January 15, 2003 and October 15, 2003 remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day
and year first above written.
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BOARD OF COUNTY
COMMISSIONERS OF
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AMENDMENT T<<;} AGREEMENT
THIS ADDENDUM to agreement~nTade and entered into this ~ay of
cx:r 2003, between the BOARD OF COUNTY COMMISSIONERS, Monroe County,
Florida, hereinafter referred to as the COUNTY and Islamorada Village of Islands,
hereinafter "Contractor".
WHEREAS, there was a contract entered into on July 17, 2002 between the
parties, awarding $149,672, and amended on January 15, 2003 awarding an additional
$125,142 to the Islamorada Village of Islands for the Amphitheater project, and
WHEREAS, it has become necessary to extend the contract for an additional
period due to unforeseen delays;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to amend the agreement as follows:
1. Contract period as outlined in Paragraph 1 be extended to March 1, 2004.
2. The remaining provisions of the contract dated July 17, 2002, and
amended January 15, 2003 remain in full force and effect.
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/j.:,I-;~~> ~;(~--}t<VYP-NESS W~EREOF, the parties have set their hands and seal on the day
Ifcf~j~"~~~~:~bove wntten.
Jl ~ (>5~~q~~y L. KOLHAGE, Clerk Board of County Commissioners of
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Mayor
(CORPORATE SEAL)
Attest:
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Villa Clerk
Islamorada Village of Islands
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Mayor
MONAOE COUNTY ATTORNEY
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(-)ADDENDUM TO AGREEMENT (',
THIS ADDENDUM is entered into this.. /::;# day of J ;ffiLJllt! ,2003, by
and between the BOARD OF COUNlT COMMISSIONERS, Monroe County, Florida,
hereinafter referred to as the COUNTY and Islamorada I hereinafter "Contractor".
WITNESSETH
WHEREAS, there was a contract entered into on July 17, 2002, between the
parties, to provide funding for the construction of an Amphitheater at Founders Park;
and
WHEREAS, original agreement allocated an amount not to exceed $149,672 in
reimbursement for materials and services used to construct the project; and
WHEREAS, the District IV Advisory Committee and Monroe County Tourist
Development recommend an additional $125,142 towards the construction of the
Amphitheater project;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree to hereby amend the agreement entered into on July 17, 2002, as
follows:
1. Paragraph 3. AMOUNT OF AGREEMENT, shall read, The County shall
provide an amount not to exceed $274,814 in reimbursement for materials and services
used to construct the project.
/o::~c'o' &. The remaining provisions of the contract dated July 17, 2002 shall remain
/-f{., nd effect.
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Board of County Commissioners of
Monroe County
BY:
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Mayor/Chairman
(CORPORATE SEAL)
Attest:
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Vlllag lerk
Islamorada Village of Islands
BY:
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INTERLOCAL AGREEMENT
FOR
GRA~iAOF FUNDS
This AGREEMENT dated the~day of JtJ I-. ~ 2002, is entered into by and
between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
hereinafter "County," on behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter
"TDC" and the Islamorada Village of Islands, hereinafter Ie Contractor".
WHEREAS, the third penny of Tourist Development Tax may be used to acquire,
construct, extend, enlarge, remodel, repair, or improve museums, zoological parks,
fishing piers, nature centers or sports arenas which are publicly owned and operated or
owned and operated by not-for-profit corporations, and
WHEREAS, Contractor has applied for funding to construct an Amphitheater,
hereinafter ''the Project"; and
WHEREAS, Contractor has the ability to act as manager for the project; and
WHEREAS, the County and TDC have determined that it is in the best interest of
the County, for purposes of promoting tourism and preserving the heritage of the
community, to acquire, construct, repair and rehabilitate the project for use as an
auditorium open to the public;
NOW, THEREFORE, in consideration of the mutual covenants and payments
contained herein, the Contractor and the County have entered into this agreement on
the terms and conditions as set forth below.
1. AGREEMENT PERIOD. This agreement is for the period July 17, 2002 through
September 30, 2003. This agreement shall remain in effect for the stated period unless
one party gives to the other written notification of termination pursuant to and in
compliance with paragraphs 7,11 and 12 below.
2. SCOPE OF AGREEMENT. The Contractor shall provide such services and
materials as are needed for the construction of an Amphitheater at Founders Park.
Project will include a stage, stage covering, seating and provisions for lighting and
sound.
The recipient of TDC capital project funding shall designate a project manager if no
licensed architect, engineer or general contractor is involved in the project. If the project
is performed by County or City personnel, the project manager shall be the Engineer,
Building Official or Construction Manager of that local govemment.
3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall provide an
amount not to exceed $149,672 in reimbursement for materials and services used to
construct the project. The Board of County Commissioners and the Tourist
Islamorada Village of Islands
Capital Project Funding FY 2002
1
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Development Council assume no liability to fund this agreement for an amount in
excess of this award. Monroe County's performance and obligation to pay under this
agreement is contingent upon an annual appropriation by the BOCC.
a). Payment for expenditures permissible by law and County policies shall be
made through reimbursement to Contractor upon presentation of invoices, canceled
checks and other documentation necessary to support a claim for reimbursement.
Included in said documentation shall be proof that the Contractor has received and
applied to the project matching funds equivalent to or greater than the amount invoiced
to the County. Submission of invoices must be certified through a statement signed by
an officer of the organization and notarized, declaring that representations in the invoice
are true and factual.
b). Application of matching funds requires actual payment of the matching
funds, or, in the alternative, a commitment of said funds and that the portion of the
project for which the matching funds are to be used has been sufficiently completed to
require payment of said matching funds. Mere obligation through execution of a
contract or approval of a budget item to be paid from matching funds will not suffice.
c). Documentation shall be submitted to the TOe Administrative Office to
show the receipt and application of in-kind donations of goods, professional services,
and materials. Said documentation should include invoices, bills of lading, etc., and be
verified as received and applied to the project through a notarized statement of the
project architect, engineer, general contractor or project manager. The receipt and
application to the project of volunteer labor are to be documented and verified by
notarized signature of the project architect, engineer, general contractor or project
manager, and said documentation submitted to the TDC Administrative Office. All
submissions should have a proposed schedule of values for phases and indicate the
percentage of completion of the overall project as of the submission. This document
should be signed by the project architect, engineer, general contractor or project
manager.
4. REPORTS. The Contractor shall provide financial reports in summary of activity
on forms provided or approved by the TDC, and quarterly narrative reports of activity
under the approved work plan. The Contractor shall keep such records as are
necessary to document the performance of the agreement and expenses as incurred,
and give access to these records at the request of the TDC, the County, the State of
Florida or authorized agents and representatives of said government bodies. It is the
responsibility of the Contractor to maintain appropriate records to insure a proper
accounting of all funds and expenditures. The Contractor understands that it shall be
responsible for repayment of any and all audit exceptions which are identified by the
Auditor General for the State of Florida, the Clerk of Court for Monroe County, the
Board of County Commissioners for Monroe County, or their agents and
representatives. In the event of an audit exception, the current fiscal year grant award
or subsequent grant awards will be offset by the amount of the audit exception. In the
event the grant is not renewed or supplemented in future years, the Contractor will be
Islamorada Village of Islands
Capital Project Funding FY 2002
2
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billed by the County for the amount of the audit exception and shall promptly repay any
audit exception.
5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the terms of
this agreement shall be only amended in writing and approved by the Board of County
Commissioners for Monroe County.
6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this agreement shall be
construed as to find the Contractor or any of its employees, contractors, servants or
agents to the employees of the Board of County Commissioners of Monroe County, and
they shall be entitled to none of the rights, privileges or benefits of employees of Monroe
County.
7. COMPLIANCE WITH LAW. In carrying out its obligations under this agreement,
the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to
or regulating the provisions of this agreement, including those now in effect and
hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall
constitute a material breach of this agreement and shall entitle the County to terminate
this agreement immediately upon delivery of written notice of termination to the
Contractor.
8. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS
AGREEMENT. The Contractor shall include in all agreements funded under this
agreement the following terms:
a) Anti-discrimination. Contractor agrees that they will not discriminate against
any employees or applicants for employment or against persons for any other benefit or
service under this agreement because of their race, color, religion, sex, national origin,
or physical or mental handicap where the handicap does not affect the ability of an
individual to perform in a position of employment, and to abide by all federal and state
laws regarding non-discrimination.
b) Anti-kickback. Contractor warrants that no person has been employed or
retained to solicit or secure this agreement upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee, and that no employee or officer
of the Contractor has any interest, financially or otherwise, in Contractor. For breach or
violation of this warranty, the Contractor shall have the right to annul this agreement
without liability or, in its discretion, to deduct from the agreement price or consideration,
the full amount of such commission, percentage, brokerage or contingent fee.
Contractor acknowledges that it is aware that funding for this agreement is available at
least in part through the County and that violation of this paragraph may result in the
County withdrawing funding for the Project.
c) Licensing and Permits. Contractor warrants that it shall have, prior to
commencement of work under this agreement and at all times during said work, all
required licenses and permits whether federal, state, County or City.
Islamorada ViI/age of Islands
Capital Project Funding FY 2002
3
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9. ANTI-DISCRIMINATION. The Contractor agrees that they will not discriminate
against any of their employees or applicants for employment or against persons for any
benefit or service because of their race, color. religion. sex, national origin. or physical
or mental handicap where the handicap does not affect the ability of an individual to
perform in a position of employment, and to abide by all federal and state laws
regarding non-discrimination.
10. ANTI-KICKBACK. The Contractor warrants that no person has been employed
or retained to solicit or secure this agreement upon an agreement or understanding for
a commission, percentage. brokerage or contingent fee, and that no employee or officer
of the County or TDC has any interest, financially or otherwise. in the said funded
project. except for general membership. For breach or violation of this warranty, the
County shall have the right to annul this agreement without liability or, in its discretion.
to deduct from the agreement price or consideration. the full amount of such
commission, percentage, brokerage or contingent fee.
11. TERMINATION. This agreement shall terminate on September 30, 2003.
Termination prior thereto shall occur whenever funds cannot be obtained or cannot be
continued at a level sufficient to allow for the continuation of this agreement pursuant to
the terms herein. In the event that funds cannot be continued at a level sufficient to
allow the continuation of this agreement pursuant to the terms specified herein. this
agreement may then be terminated immediately by written notice of termination
delivered in person or by mail to Contractor. The County may terminate this agreement
without cause upon giving written notice of termination to provider. The County shall
not be obligated to pay for any services or goods provided by Contractor after
Contractor has received written notice of termination.
12. TERMINATION FOR BREACH, The County may immediately terminate this
agreement for any breach of the terms contained herein. Such termination shall take
place immediately upon receipt of written notice of said termination. Any waiver of any
breach of covenants herein contained to be kept and performed by Contractor shall not
be deemed or considered as a continuing waiver and shall not operate to bar or prevent
the County from declaring a forfeiture for any succeeding breach either of the same
conditions or of any other conditions. Failure to provide County with certification of use
of matching funds or matching in-kind services at or above the rate of request for
reimbursement or payment by is a breach of agreement. for which the County may
terminate this agreement upon giving written notification of termination.
13. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the
parties hereto with respect to the subject matter hereof and supersedes any and all prior
agreements with respect to such subject matter between the Contractor and the County.
14. CONSENT TO JURISDICTION. This agreement, its performance, and all
disputes arising hereunder, shall be govemed by the laws of the State of Florida, and
both parties agree that the proper venue for any actions shall be in Monroe County.
Islamorada ViI/age of Islands
Capital Project Funding FY 2002
4
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15. ETHICS CLAUSE: Contractor warrants that he has not employed, retained or
otherwise had act on his behalf any former County officer or employee in violation of
Section 2 or Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the County
may, at its discretion terminate this agreement without liability and may also, at its
discretion, deduct from the agreement or purchase price, or otherwise recover, the full
amount of any fee, commission, percentage, gift, or consideration paid to the former or
present County officer or employee.
16. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been
placed on the convicted vendor list following a conviction for public entity crime may not
submit a bid on an agreement to provide any goods or services to a public entity, may
not submit a bid on a agreement with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a Contractor, supplier, sub-contractor, or
consultant under a agreement with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
17. AUTHORITY: Contractor warrants that it is authorized by law to engage in the
performance of the activities encompassed by the project herein described. Each of the
signatories for the Contractor below certifies and warrants that the Contractor's name in
this agreement is the full name as designated in its corporate charter (if a corporation);
they are empowered to act and contract for the Contractor, and this agreement has
been approved by the Board of Directors of Contractor or other appropriate authority.
18. LICENSING AND PERMITS: Contractor warrants that it shall have, prior to
commencement of work under this agreement and at all times during said work, all
required licenses and permits whether federal, state, County or City.
19. INSURANCE: The parties to this agreement stipulate that each is a state
governmental agency as defined by Florida Statutes and represents to the other that it
has purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation
insurance, or is self-insured, in amounts adequate to respond to any and all claims
within the limitations of Florida Statute 768.28 and 440, arising out of the activities
governed by this agreement. The Contractor shall immediately give notice to the County
of any suit, claim or action made against the County that is related to the activity under
this agreement, and will cooperate with the County in the investigation arising as a
result of any suit, action or claim related to this agreement.
Each party shall be responsible for any acts of negligence on the part of its employees,
agents, contractors, and subcontractors and shall defend, indemnify and hold the other
party harmless from all claims arising out of such actions.
Islamorada Village of Islands
Capital Project Funding FY 2002
5
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20. NOTICE. Any written notice to be given to either party under this agreement or
related hereto shall be addressed and delivered as follows:
For Islamorada Village of Islands:
Ms. Zully Williams
Islamorada Village of Islands
P.O. Box 568
Islamorada, FL 33036
For County:
Lynda Stuart
Monroe County Tourist Development
Council
1201 White Street, Suite 102
Key West, FL 33040
and
Suzanne Hutton, Asst. County Attorney
P.O. Box 1026.
Key West, FL 33041-1026
" Jt!WITNESS WHEREOF, the parties hereto have caused this agreement to be
,.~e;?tli~l~~y and year first above written.
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COMMISSIONERS
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Mayor/Chairman
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Islamorada Village of Islands
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Islamorada Village of Islands
Capital Project Funding FY 2002
6