1st Amendment 09/21/2011DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: October 14, 2011
TO: Roman Gastesi
County Administrator
ATTN: Connie Cyr �.
Aide to County Administrator
FROM: Isabel C. DeSantis, D. C.
At the September 21, 2011, Board of County Commissioner's meeting, the Board
approved the following:
Item 03 Execution of an Interlocal Agreements' Amendment No. 1 with the City of
Marathon, City of Key West and Village of Islamorada related to their joint participation with the
County under the State Energy Grant Agreement from the Florida Energy and Climate
Commission (Grant No. ARSO10). This modifies payment terms under the Agreements, pursuant
to State Rules.
Attached are fully- executed duplicate originals of the above - mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
AMENDMENT NO. 1
TO THE INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND
THE CITY OF MARATHON, FOR JOINT PARTICIPATION IN
GRANT AGREEMENT NO. ARS010
THE AGREEMENT as entered into on the 15th day of December, 2010, by and between the
MONROE COUNTY BOARD OF COMMISSIONERS, a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040 (hereinafter referred to as the
"COUNTY ") and the CITY OF MARATHON, whose address is 9805 Overseas Highway, Marathon,
Florida 33050, (hereinafter referred to as "CITY') is hereby amended.
WITNESSETH
WHEREAS, the COUNTY desires to modify this Interlocal Agreement to match the reimbursement
terms set forth by the Grant Agreement ARSO10.
NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the
COUNTY and CITY agree as follows:
Paragraph 3 is hereby deleted in its entirety and replaced with the following:
TERM — The term of this Agreement begins on the date of execution by both parties and ends no later
than April 30, 2012, unless earlier terminated or extended under the provisions of the Grant Agreement.
The CITY acknowledges the Grant Agreement ARSO10 ends March 31, 2012. All work by the CITY
under the Agreement shall be completed by February 28, 20I2. All invoices shall be submitted by March
15, 2012.
2. Paragraph 6 is hereby deleted in its entirety and replaced with the following:
FUNDS — CITY acknowledges and agrees that funding for its tasks under the Grant Agreement will be
provided by the COUNTY on a reimbursement basis as first approved by the COMMISSION; and that
COUNTY is not financially responsible to CITY for funds expended by CITY which are not approved by
COMMISSION. CITY acknowledges and agrees that expended funds will be reimbursed as approved by
the COMMISSION and related to each individual request for reimbursement submitted to the COUNTY
by the CITY. All funds shall be distributed and expended in accordance with the Grant Agreement.
CITY agrees, that it shall not receive advances of any type from the COUNTY. All reimbursements to
CITY are dependent on approval of specific reimbursement requests submitted from the CITY to the
COUNTY and as approved by the COMMISSION.
3. Paragraph 713 is hereby deleted in its entirety and replaced with the following:
CITY agrees and acknowledges that pursuant to the Grant Agreement at Paragraph 4.C., ten percent
(10 %) of each approved reimbursement request shall be retained by the COMMISSION pending the
compliance with Section 8 of the Grant Agreement, and that this amount will not be distributed to CITY
prior to being; approved by the COMMISSION.
4. Paragraph 7D is hereby deleted in its entirety and replaced with the following:
COUNTY shall promptly submit all Payment or Reimbursement Requests received from the CITY to the
COMMISSION. Upon approval of the Payment or Reimbursement Request by the COMMISSION, the
COUNTY shall distribute the funds to the CITY for items related
being paid by the COUNTY. to the individual reimbursement request
5• Paragraph 813 is hereby added:
The CITY "s Final Report, due March 10, 2012 to the COUNTY, will provide a final narrative detailing
and evaluating the accomplishments and impact of the project. The Final Report will include an
evaluation of the energy savings directly attributable to the project, projections of estimated energy
savings expected to accrue from the project and policy recommendations, which may be helpful in
implementing other projects of a similar nature. Pursuant to Paragraph 713 of this Agreement, 10% of the
total Agreement amount will be withheld until receipt and approval of the Final Report by the
COMMISSION.
In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto,
shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have caused this Amendment to be duly executed the day and year
last written below.
BOARD OF COUNTY COMMISSIONERS
OF MONROE C UNTY, FLORIDA
By:
Heather Carrut ers, Mayor
Date: 9 -, i— i f
CITY OF MARATHON
Mayor
ATTEST: DANNY L. KOLHAGE, Clerk ATTEST:
(Seal) (Seal)
By:
Deputy Clerk
City Clerk
_ - � Date:
Monroe Country Attorney
Approved as to form:
Assistant Couti�Attorney
Date:
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Approved as to Form and egal Sufficiency For The Use
And Reliance Of e t Of Marathon, Fl da Only:
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City Attorne
Date:
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MONROE COUNTY ATTORNEY
PPROVED AS TO O 7
NATILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
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