HomeMy WebLinkAbout2007-084 . nis document was prepeurod by
aud' shcit>�<l Le ret c'alr'} 10 AMENDMENT TO INTERLOCAL AGREEMENT FOR
the f 1 r:,trttior : e'y a; _ ` j3r� SECTORS 1 & 2 RENOURISHMENT COST SHARING
1840 2 Ali St. , ''e.o T �-1 ,
FToriva N Amendment to Interlocal Agreement ("Amendment") is entered into effective as
of March 6 , 2007 (" Effective Date") , by and between INDIAN RIVER COUNTY, a political
subdivision of the State of Florida ("County") ; and Sebastian Inlet Tax District (" District") an
independent special taxing district established under a charter set forth in Special Act
Chapter 2003-373 enacted by the Florida Legislature to maintain the navigability of the
Sebastian Inlet.
BACKGROUND RECITALS
A. Effective November 15 , 2005 , the County and the District entered into the Interlocal
Agreement for 2005 Sectors 1 & 2 Renourishment Cost-Sharing ("Agreement") .
B . The County and the District desire to amend the Agreement by labeling the existing
paragraph 4 as paragraph 4A and adding a new paragraph 4B all as set forth in this
Amendment.
C . The County and the District desire to waive the requirement in paragraph 9 of the
Agreement that provides : "A party requesting an amendment to this Agreement must
propose such amendment in writing to the other party at least ninety ( 90) days prior to the
proposed effective date of the amendment. "
NOW THEREFORE , for good and valuable consideration , the receipt and
sufficiency of which is hereby acknowledged , the parties hereto , intending to be legally
bound , covenant and agree to amend the Jail Agreement as follows :
1 . The background recitals are true and correct and form a material part of this
Amendment .
2 . From and after the effective date of this Amendment, paragraph 4 .
Reimbursement. is amended in its entirety to read :
4A . The District will reimburse the County for a portion of the local share of the
Project cost based on the percentage of the total volume of beach compatible materials
obtained from the Sebastian Inlet sand trap and placed on the Project. The District's
percentage share of the Project cost will be determined by: Volume derived from the
Sebastian Inlet sand trap divided by the total Project beach volume placed , times 5% . The
foregoing percentage will be applied to the total Project cost. Volumes will be calculated
from beach surveys as set forth in the construction contract between the County and the
duly awarded dredging contractor. The County and the District acknowledge and agree
that , within fourteen ( 14) calendar days after receipt by the County of final certified survey
data establishing the final pay volume , the County shall prepare and send an invoice to
the District; and , thereafter, and within the time limits of the Local Government Prompt
Payment Act, Florida Statutes section 218 . 70 et. seq . (2005) the District shall pay the
invoice amount to the County.
1828048
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL 1
BK: 2143 PG : 1861 , Pagel of 3
0311412007 at 03:46 PM,
JEFFREY K BARTON, CLERK OF
COURT
4B . Due to additional permit restrictions and specific conditions found in major
modifications to joint coastal permit No. 0166929-007- EM , held by County, Project costs
have the potential to increase . The permit requires a lengthening of the beach fill template
for the placement of sand trap material on the Project, resulting in the need for additional
pipe length and booster pumps . FEMA may not reimburse such additional Project costs .
Permit conditions restricting turbidity increases to zero NTUs pursuant to the Aquatic
Preserve Rule may result in significant shutdown and standby time by the dredge
contractor for the Project . FEMA may not reimburse such additional costs . The District
agrees to reimburse the County for any Project costs not reimbursed by FEMA, including ,
without limitation , any mobilization costs incurred by County, up to the aggregate amount
of Two Million Dollars ($2 , 000 , 000 . 00) . The County shall make all the necessary requests
of FEMA for all costs and cost increases to the Project. The County agrees to keep the
District promptly and fully informed with respect to all aspects of shutdown and standby
time for the Project. The District reserves the right to request that the County promptly
terminate the dredging contract pursuant to its terms if the District determines that
excessive standby time is not productive or is not in the best interest of the public. If the
County does not terminate the contract pursuant to the District's good faith written
requests , the District shall not be responsible for any contract payments or
reimbursements that occur or are accrued after 48 hours following the District's request
for termination . The County and the District acknowledge and agree that, within fourteen
( 14) calendar days after receipt by the County of a denial of reimbursement from FEMA for
the additional costs set forth in this paragraph 413 , the County shall send an invoice to the
District; and , thereafter, and within the time limits of the Local Government Prompt
Payment Act , Florida Statutes section 218 . 70 et. seq . (2006) the District shall pay the
invoice amount to the County.
3 . All terms and conditions of the Agreement not amended herein remain in full
force and effect .
IN WITNESS WHEREOF , the County and the District have caused this Amendment
to be signed by their respective duly authorized officers as of the day and year first stated
above .
SEBASJ�IN INL T T C DUCT
Attest :
By.
By �'�z✓
Title :
(signatures continued on next page)
2
INDIAN RIVER COUNTY
eEL3ARD OF COUNTY COMMISSIONERS
Attest: J . K. Barton , Clerk
By �y BY
Deputy Clerk r '6vary heeler, Chairman
Date BCC approved : 03 / 06 / 07 Approved :
By
0q9j)b4f2A (j (7-In
JBaird , County Ad inistrator
Approved as to form and legal
Suffic ncy:
Marian E . Fell , Assis ant County Attorney
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