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2nd Amendment 05/16/2012 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: June 4, 2012 TO: Roman Gastesi County Administrator ATT: Rhonda Haag FROM: Pamela G. HancoaC. At the May 16, 2012, Board of County Commissioner's meeting, the Board granted approval and authorized execution of the following: Item 02 Interlocal Agreement Amendment No. 2 with the City of Marathon 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 amendment no. 2 modifies the termination date and final report date under the Interlocal Agreement, at no cost to the County. Item 03 Interlocal Agreement Amendment No. 2 with the City of Key West 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 amendment no. 2 modifies the termination date and final report date under the Interlocal Agreement, at no cost to the County. Enclosed is a duplicate original of each of the above - mentioned for your handling. Should you have any questions, please feel free to contact my office. cc: County Attorney w/o documents Finance File AMENDMENT NO. 2 TO THE INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST FOR JOINT PARTICIPATION IN GRANT AGREEMENT NO. ARS010 (17522) THE AGREEMENT as entered into on the 15th day of December, 2010, as amended on December 15, 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 KEY WEST, whose address is 525 Angela Street, Key West, Florida 33040 , (hereinafter referred to as "CITY ") is hereby amended. WITNESSETH WHEREAS, the parties desires to modify this Interlocal Agreement to provide for a no -cost time extension under terms set forth by the Grant Agreement ARS010. WHEREAS, the State has provided for a no -cost time extension to the COUNTY under ARS010 (17522) under Amendment No. 2; NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and CITY agree as follows: 1. 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 June 30, 2012, unless earlier terminated or extended under the provisions of the Grant Agreement. The CITY acknowledges the Grant Agreement ARS010 as amended ends June 30, 2012. All work by the CITY under the Agreement shall be completed by May 15, 2012. All invoices shall be submitted by May 30, 2012. 2. Paragraph 8B is hereby deleted in its entirety and replaced with the following: The CITY's Final Report, due May 30, 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. 1 IN WITNESS WHEREOF, the Parties have caused this Amendment to be duly executed the day and year last written below. BOARD OF COUNTY COMMISSIONERS CITY OF KEY WEST OF MONROE COUNTY, FLORIDA / 0.. 2 5 .,,, ,,....----- By: By: 477 David Rice, Mayor Craig ates,,I yor Date: a`1/ 4 /2. ° 1 Z Date: V_ 3- 1 ATTEST: DANNY L. KOLHAGE, Clerk ATTEST: f tom.' � 0 .)0, s (Seal S / r ' ���i M . By (7 By: ''.. . • Deputy Clerk Cheryl Sm`? I5 `f' � Date: SiI L /14./1- Date: ' � � r +" Monroe County Attorney Approved as to Form and Le.. - iency For The Use Approved as to form: And Reliance Of The C of K e - st� Only: Assistant County Attorney gilli Smith City Atto ey Date: Date: - / /l /e MONROE COUNTY ATTORN Y p CV . A "rRO �Z D AS TO O Gd � - - NA1 iLEENE W. CASSEL = Q.. AIMS-ANT COUNTY ATTORNEY G= isaCl9.d 'y - /7 - ,4-77 / ,._ o = w cam., t. ° — ... 2 RESOLUTION NO. 12 - 119 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, APPROVING THE ATTACHED "AMENDMENT NO. 2 TO THE INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST, FOR JOINT PARTICIPATION IN GRANT AGREEMENT NO. ARS010 "; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Key West, in partnership with the Board of Commissioners of Monroe County, City of Marathon and Islamorada, City of Islands obtained an Energy Efficiency & Conservation Block Grant (EECBG) grant under the Florida Energy and Climate Commission Grant Agreement No. ARS010, pursuant to the American Recovery and Reinvestment Act in order to implement a comprehensive energy savings project which includes several cross- jurisdictional and individual community energy savings activities; and WHEREAS, in Resolution No. 10 -303, the City of Key West authorized an Interlocal Agreement with Monroe County for joint participation in the Grant Agreement No. ARS -010, and in Resolution No. 11 -267 the Agreement was amended; WHEREAS, at the request of Monroe County, the City Commission finds that a second amendment to the Interlocal Agreement is necessary to conform with reporting specifications for the EECBG grant; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AS FOLLOWS: Page 1 of 2 Section 1: That the attached "Amendment No. 2 to the Interlocal Agreement Between Monroe County and the City of Key West, for Joint Participation in Grant Agreement No. ARS010" is hereby approved, at no additional cost to the City. Section 2: That the City Manager is authorized to execute the necessary documents to enact this Amendment. Section 3: That this Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the Commission. Passed and adopted by the City Commission at a meeting held this 3rd day of April , 2012. Authenticated by the presiding officer and Clerk of the Commission on April 4 , 2012. Filed with the Clerk April 4 , 2012. 4 , / CRAIG CA , MAYOR ATT T: f 1� 4 , CHERYL SMITH, `ITY CLERK Page 2 of 2