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APR 07 1992 <br />Page 62 paragraph "C": "If, after the Notice to Proceed is issued, <br />should funding by the SWIM Trust Fund or the EPA terminate, the <br />DISTRICT may terminate this AGREEMENT upon • thirt <br />(30) days written notice to the COUNTY and shall be liable onlfor <br />such costs as actually incurred by the COUNTY up to the date of <br />termination." <br />The first revision relates to the county's obligation to monitor <br />the success of vegetation plantings for the first year following <br />completion of project plantings. Completion of the revegetation <br />projects does not occur per se when the plantings are done; rather, <br />SJRWMD considers the projects complete after the year of follow-up <br />monitoring. In contrast, SJRWMD will have completed their <br />agreement responsibility upon full payment of SWIM grant funds to <br />Indian River County. <br />The second revision extends a time frame, in the county's favor, <br />with regard to notice to the county in the circumstance that SWIM <br />funding is terminated before the contract agreement is fulfilled. <br />County attorney staff have reviewed the proposed contract agreement <br />modifications and find them acceptable from the legal standpoint. <br />RECOMMENDATION <br />Staff recommends that the Board authorize the execution of the <br />revised attached interlocal agreement for the funding of spoil <br />island and shoreline enhancement projects under the SWIM funding <br />program. <br />ON MOTION by Commissioner Scurlock, SECONDED by <br />Commissioner Wheeler, the Board unanimously <br />authorized the Chairman to execute the revised <br />interlocal agreement for funding of spoil island and <br />shoreline enhancement projects under the SWIM <br />funding program, as recommended by staff. <br />COPY OF REVISED INTERLOCAL AGREEMENT IS ON FILE IN THE OFFICE OF <br />THE CLERK TO THE BOARD <br />24 <br />