1st Amendment 09/21/2011 DANNY L. KOLHAGE
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. r,,6
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. ARS010). 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 VILLAGE OF ISLAMORADA, 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 VILLAGE OF whose address is 86800 Overseas Highway,
Islamorada, Florida 33036 (hereinafter referred to as 'VI LAGE ") 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 VILLAGE 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 VILLAGE acknowledges the COUNTY's Grant Agreement ARSO10 ends March 31, 2012. All work
by the Village under the Agreement shall be completed by February 28, 2012. All invoices shall be
submitted by March 15, 2012.
2. Paragraph 6 is hereby deleted in its entirety and r_placed with the following:
FUNDS — VILLAGE 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 VILLAGE for funds expended by VILLAGE which are not
approved by COMMISSION. VILLAGE 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 VILLAGE. All funds shall be distributed and expended in accordance
with the Grant Agreement. VILLAGE agrees that it shall not receive advances of any type from the
COUNTY. All reimbursements to VILLAGE are dependent on approval of specific reimbursement
requests submitted from the VILLAGE to the COUNTY and as approved by the COMMISSION.
Paragraph 713 is hereby deleted in its entirety and replaced with the following:
VILLAGE 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
VILLAGE 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 VILLAGE
to the COMMISSION. Upon approval of the Payment or Reimbursement Request by the
COMMISSION, the COUNTY shall distribute the funds to the VILLAGE for items related to the
individual reimbursement request being paid by the COUNTY.
Paragraph 8B is hereby added:
The VILLAGE'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 7B 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 VILLAGE OF ISLAMORADA
OF MONROE COUNTY, FLORIDA
By: 44k7
Heat r CaVers, Mayor
Date: CA (- I
ATTEST: DAI &YI. KOLHAGE, Clerk
e
By:
Village Manager
Date:
N
CD
w ;:0
� o
ATTEST:
(Sdil) (Seal)
B Y� � -f\:W By:
t
Deputy Clerk Village Clerk
Date: �� ` 1 - 1 1 Date:
Monroe County Attorney
Approved as to form:
Only:
Approved as to Form and Legal Sufficiency For The Use
And Reliance Of The Village of Islamorada, Florida
Assistant Counl,Attorney
Date:
MONR.iE COUNTY ATTORNEY
APPROVED AS TO FCI.Rr�
NATILEENE W. CAS L
ASSISTANT COUNTY ATTORNEY'
Date
Village Attorney
Date:
COMMISSION, the COUNTY shall distribute the funds to the VILLAGE for items related to the
individual reimbursement request being paid by the COUNTY.
Paragraph 8B is hereby added:
The VILLAGE'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 7B 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 VILLAGE OF ISLAMORADA
OF MONROE COUNTY, FLORIDA
B By .
Heather Carruthers, Mayor
Village Manager
Date: Date:
ATTEST: DANNY L. KOLHAGE, Clerk
(Seal)
By:
Deputy Clerk
Date:
Monroe County Attorney
Approved as to form:
Only:
Assistant unty Attorney
Date:
MONROE COUNTY ATTORNEY
PPROVED NA AS TO FOgpO
TILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Date
ATTEST:
(Seal)
By:
Village Clerk
Date:
Approved as to Form and Legal Sufficiency For The Use
And Reliance Of The Village of Islamorada, Florida
Village AttomeyL�_
Date: � -V-