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
approv al and authorized execution of the following:
/Item 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 MARATHON, FOR JOINT PARTICIPATION IN
GRANT AGREEMENT NO. ARS010 (17522)
THE AGREEMENT as entered into on the 15th day of December, 2010, as amended on
September 28, 2011 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 parties desires to modify this Interlocal Agreement to provide for a 60 day no -cost time
extension under terms set forth by the Grant Agreement ARS010 (17522); and
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 revised under Amendment No. 2, 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 30th, 2012.
5. Paragraph 8B is hereby deleted in its entirety and replaced with the following:
The CITY's Final Report, due May 30th, 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 MARATHON
OF MONROE COUNTY, FLORIDA
By By: #4.,4.., l��
David Rice, May Mayor Worthington/
Date: S/l 6 /2. 0/ Z (I 3-1)1 Date:
ATTEST: DANNY L. KOLHAGE, Clerk ATTEST:
(Seal) (Seal)
By: By: \► C
Deputy Cler City Clerk
Date: .6 6I Z° t *1-- Date: t 1 " "
Monroe County Attorney Approved as to Form an, Legal Sufficiency For The Use
Approved as to form: And Reliance Of he • Of Marathon, • orida Only:
imitiismor. dr.
Assistant County Attorney City Attorn: W 1♦
(Bate:— Date: ) l I 1
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MONROE COUNTY ATTORNEY
C.) -T AP ROVED AS TO FOR
1
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NA ILEENE W. CASS L
ASSISTANT COUNTY ATTORNEY
Date �`
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2
Sponsored by: Hernstadt
CITY OF MARATHON, FLORIDA
RESOLUTION 2011 -39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA APPROVING AMENDMENT NO. 2 TO THE
INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARATHON,
FLORIDA AND MONROE COUNTY FOR JOINT PARTICIPATION IN
GRANT AGREEMENT ARS010, EXTENDING THE COMPLETION
DATE TO JUNE 30, 2012; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AMENDMENT AND EXPEND BUDGETED FUNDS ON
BEHALF OF THE CITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the State of Florida, Executive Office of the Governor, Florida Energy and
Climate Commission has entered into Grant Agreement No. ARS 010 (the "Grant Agreement ")
with Monroe County to provide financial assistance for the Energy Efficiency and Conservation
Project in which the County is the named grantee on the Grant Agreement, and the United States
Department of Energy awarded funding through the American Recovery and Reinvestment Act;
and
WHEREAS, the City of Marathon (the "City ") and Monroe County (the "County) have
entered into an Interlocal Agreement for joint participation in the Grant Agreement (the
"Interlocal Agreement "); and
WHEREAS, the City and County desire to enter into Amendment No. 2 to the Interlocal
Agreement to extend the grant period until June 30, 2012, giving all entities additional time to
complete their tasks (the "Amendment No. 2 ").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARATHON, FLORIDA, THAT:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. Amendment No. 2 to the Interlocal Agreement between the City and the
County for joint participation in Grant Agreement ARS010, a copy of which is attached hereto as
Exhibit "A," is hereby approved. The City Manager is authorized to execute Amendment No. 2
and expend budgeted funds on behalf of the City.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MARATHON,
FLORIDA, THIS 10 DAY OF APRIL, 2012.
THE CITY OF • ' THON, FLORIDA
Ail I I
Pete Worthingto i Mayor
AYES: Cinque, Keating, Ramsay, Snead, Worthington
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Diane Clavier, City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGALITY FOR THE USE
AND RELIANC OF HE CITY OF MARATHON, FLORIDA ONLY:
•
City Attorn: •