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FY2001-2005 1st Addendum 07/14/2004 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: July 20, 2004 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN: Maxine Pacini Administrative Assistant Pamela G. Hanc$ Deputy Clerk 0 FROM: At the July 14, 2004, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: / Addendum to Interlocal Agreement between Monroe County and the City of Key West for beach cleaning services and seaweed cleanup by Robbies Marine for Smathers and Rest Beach in an amount not to exceed $138,140 per year for cleaning and maintenance and $45,000 per year for seaweed cleanup, DAC I, third penny resources. Amendment to Interlocal Agreement between Monroe County and Islamorada, Village of Islands, to extend Agreement until September 30,2005. Enclosed are two duplicate originals of each of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Administrator wlo documents County Attorney Finance File / ADDENDUM TO INTERLOCAL AGREEMENT THIS ADDENDUM to agreement dated the 14th day of July 2004, is entered into by and between the Board of County Commissioners for Monroe County, on behalf of the Tourist Development Council, and the City of Key West. WHEREAS, there was a contract entered into on September 20, 2001, between the parties, awarding $138,140 to the City of Key West for the beach cleaning and maintenance services for Smathers and Rest Beach, and WHEREAS, it has become necessary to modify and extend the contract for an additional period of time; and 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, 2005. 2. Scope of Agreement outlined in paragraph 2 shall read as follows: The City shall provide beach cleaning and maintenance services for Smathers and Rest Beach. The City may fulfill this obligation: through use of its own employees and/or by contracting with an independent contractor, in which case the City shall require sufficient professional licensure to meet any state or federal requirements, insurance coverage and hold harmless clauses protecting the County against any and all claims arising under this contract or any sub-contract, and City shall have sole responsibility for subcontract specifications and any oversight over the work product. The City recognizes that its undertaking responsibility for beach cleaning and maintenance services replaces those services for which the County previously contracted for Smathers Beach from waters edge (the mean water line) to the edge of the bike/pedestrian walk (approximately 3,000!feet beach frontage) and up to the end of the wall on the eastern most portion, seven days a week; and for C.B Harvey/Rest Beach (approximately 800 feet beach frontage), seven days a week, including but not limited to: trash and debris removal, management of environmental hazards, erosion control and beach repair, coordination of all activities with the Florida Department of Environmental Protection, and notices to appropriate state agencies regarding any sea turtle nesting activity. City shall provide. for seaweed clean up from below the high water mark and around the groins for t:Jetween the dates of October 1, 2004 and September 30, 2005. 3. Amount of agreement and payment outlined in paragraph 3 shall read as follows: The county shall provide an amount not to exceed $138,140 per year in reimbursement for cleaning and maintenance services for Smathers and Rest Beach, and an amount not to exceed $45,000 per year (commencing October 1, 2004 through September 30, 2005) for seaweed clean up from below the high water mark and around the groins. Payment shall be made in tWelve (12) installments on a monthly basis. Payment will be made directly to City or cOhtractor. If payment is made directly to City a cover letter must accompany a copy of paid invoice from the City showing that contractor has sufficiently performed scope of services. If payment is made directly to contractor, City should submit original invoice with documentation from City that scope of services has been sufficiently performed by the contractor. The Board of County Commissioners and the Tourist Development Council assume no liability to fund this agreement for an amount in excess of this award. Payment for expenditures permissible by law and County policies shall be made through reimbursement to City upon presentation of invoices, cancelled checks and other documentation necessary to support a claim for reimbursement. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the BOCC. 4. The remaining provisions of the contract dated September 20, 2001, 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. ~ ~ (SEAL) AT~ST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA , . C~;:."~< ".\...~..~1;;. f'. .~. /'....'., '.'. '''''. ' '.\' \ <!)", "; \". '. ~ ." ',' "'. ~-,...,-.{, ~..~ Cf~~ ",u, . 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