3rd Amendment 10/17/2012 DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: December 6, 2012
TO: Roman Gastesi
County Administrator
ATT: Rhonda Haag
FROM: Pamela G. Hancdkk, D.C.
At the October 17, 2012, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Item 05 Interlocal Agreement Amendment No. 3 with the
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.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 are two duplicate originals of the above - mentioned for your handling. Should
you have any questions, please feel free to contact my office.
cc: County Attorney w/o document
Finance
File
AMENDMENT NO.3 ° "''
TO THE INTERLOCAL AGREEMENT o r
BETWEEN MONROE COUNTY ` h -
AND `= rn
THE VILLAGE OF ISLAMORADA, a
FOR JOINT PARTICIPATION IN n
GRANT AGREEMENT NO. ARS010 (17522) Y? =1 c
re
THE AGREEMENT as entered into on the 15th day of December, 2010, as amended under Amendment
No. 1 on September 21 2011 and Amendment No. 2 on April 18, 2012, 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 ISLAMORADA, whose address is 86800 Overseas Highway, Islamorada, Florida 33036 (hereinafter
referred to as "VILLAGE ") is hereby amended.
WITNESSETH
WHEREAS, the parties desire to modify this Agreement to account for procedural changes; and
WHEREAS, the parties desire to extend the term of the Agreement by ninety (90) days to allow for submission
of invoices and reports;
NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the
COUNTY and VILLAGE agree as follows:
1. This Amendment No. 3 shall be retroactive to June 30, 2012.
2. Paragraph 3 of the AGREEMENT, as amended in AMENDMENTS No. 1 and 2, is hereby deleted in its
entirety and realaced with 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
VILLAGE acknowledges the COUNTY's Grant Agreement ARS010, as revised under Amendment No. 2, ends
September 30, 2012. All work by the VILLAGE under the Agreement shall be completed by September 30,
2012. All invoices and reports shall be submitted by September 30, 2012.
3. Paragraph 6 of the AGREEMENT, as amended in AMENDMENT NO. 2 is hereby deleted in its entirety
and replaced 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. VILLAGE 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 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.
4. Paragraph 7B of the AGREEMENT, as amended in AMENDMENT NO. 1, 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 COUNTY pending the compliance with Section
1
8 of the Grant Agreement, and that this amount will not be distributed to VILLAGE prior to being approved by
the COUNTY.
S. Paragraph 7D of the AGREEMENT, as amended in AMENDMENT NO. 1, is hereby deleted in its
entirety and =lazed with the following
COUNTY shall submit all Payment or Reimbursement Requests received from the VILLAGE to the
COMMISSION, after the COUNTY has reimbursed the VILLAGE. Upon disapproval of any part of the Payment
or Reimbursement Request by the COMMISSION to the COUNTY of the VILLAGE's payment documentation,
the VILLAGE shall reimburse the COUNTY for any and all funds which may be held by the COMMISSION.
6. Paragraph 8B of the AGREEMENT, as amended in AMENDMENTS NO. 1 and 2, is hereby deleted in
its entirety and =bad with the following:
The VILLAGE'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 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 COUNTY.
In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain
in full force and effect.
IN WrINE=SS 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
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By By: �
Mayor
/ O / / 7 / z o uz_ Date: M i' io? J / Z
MONK • • COUNTY ATTORNEY
AP : - OVED AS TO , F 9R .
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ATTEST:
Clerk ATTEST: NATILE NE W. CASSE " '
A d 1.4e i , n ASSISTANT COUNTY An • `�'. ' •
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Clerk /� 4 , _
Date: �� ‘0//7 - 2-
� VILLA � 11/04117 , "``.
Monroe Cry Attorney Approved u to Form and Le ufficaency For The of S r-
Approved as to form: And Reliance the V . , . i , Florida only:
Assistant County Attorney Village Attorney _•••
Date: Date: \\ . `1 • \Z
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