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3rd Amendment 10/17/2012 DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: October 23, 2012 TO: Roman Gastesi • County Administrator ATT: Rhonda Haag FROM: Pamela G. Hancb k D. C. • • At the October 17, 2012, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item 07 Interlocal Agreement Amendment No. 3 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.17522). This amendment no. 3 retroactively modifies the termination date, payment terms, and deliverable dates under the Interlocal Agreement, at no cost to the County. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact my office. cc: County Attorney Finanfe File •o • AMENDMENT NO. 3 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 13th day of December, 2010, as amended by Amendment No. 1 on September 28, 2011 and Amendment No. 2 on May 16, 2012 by and between the MONROE COUNTY BOARD OF COMML IONERS, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Kay West, Florida 33040 (hereinafter referred to as the "COUNTY") and the CITY OF MARATHON, whose address is 9606 Overseas Highway, Marathon, Florida 33050, (hereinafter referred to as "Cllr) is hereby amended. WHEREAS, the parties desire to modify the Interlocal Aptement to account for minor procedural changes; and WIC the parties desire to extend the Apeement by ninety (90) days to allow for submission of invoices and reports; NOW THEREFORE, in consideration of the mutual understanding and apeements set forth herein, the COUNTY and CITY agree as follows: 1. This Amendment No. 3 shall be retroactive to June 30, 2012. 2. Paragraph 3 of the AGREEMENT, u amended in AMENDMENTS No.1 and 2, is hereby deleted in its entirety and malap&twith the following: TERM — The term of this Agreement begins on the date of execution by both parties and ends no later than September 30, 2012, unless earlier terminated or extended under the provisions of the Grant Agreement The CITY acknowledges the COUNTY's Grant Agreement ARS010, as revised under Amendment No. 2, ends June 30, 2012. All work by the CITY wider the Agreement shall be completed by June 30, 2012. All invoices and reports shall be submitted by September 30, 2012. 3. Parapaph 6 of the AGREEMENT, as Amended in AMENDMENT No. 1, is hereby deleted in its entirety and intigsaLwith 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. CITY acknowledges and agrees that expended funds will be reimbursed as approved by the COUNTY 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 reimbunement requests submitted by the CITY to the COUNTY. 4. Paragraph 7B of the AGREEMENT, as amended in AMENDMENT NO.1 , is hereby in its entirety as follows: .. , • 1 - S. Paragraph 7D of the AGREEMENT, as amended in AMENDMENT No. 1, is hereby deleted in its entirety and =Wag with the following COUNTY stall submit all Paymsmt or Reimbursement Requests received from the CITY to the COMMISSION, after the COUNTY has reimbursed the CITY. Upon disapproval of any part of the Payment or Reimbursement Request by the COMMISSION of the CITY's payment documentation, the CITY shall reimburse the COUNTY for any and all funds which may be withheld by the COMMISSION. 6. Paragraph IB of the AGREEMENT, as amended by AMENDMENTS No. 1 and 2, is hereby deleted in its enth+ety and aghast with the following: The CtTY's Final Report, due September 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 saviap directly attributable to the project, projections of estimated energy savings expected to accrue front the project and policy recommendations, which may be helpful ie. implementing other projects of a similar nature. WTTNESSETH 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 CITY OF MARATHON - -E OF MONROE COUNTY, FLORIDA / C) /0...),X....,...... " ' C) ' B II!f1n. Mayor p Mayor 4 w Date: £ ` i7 2 °12 —1 `— 1Z i Date: : . r (-) MONROE COUN A i A ROVED ASTO '• t ATTEST: DANNY L. KOLHAGE, Clerk ATTEST: _ W F b G (Seal) ( J ) AnalStANt OWPM 1ONNEt By. . / B - .d2,: Deputy Clerk D ate: City Clerk 1 0__, ( ) 1 Date: d 644 I72-,, 1 2-- Monroe County Attorney Approved as to Form and pl Sufficiency For The Use Approved u to form: And Reliance Of r • • Marathon, • • . Only: ill I 11111. Assistant County Attorney City A im i • Date: Dom: 2