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3rd Amendment 02/20/2013AMY HEA VIL IN, CPA CLERK OF THE CIRCUIT COURT DATE: February 27, 2013 TO: Roman Gastesi, County Administrator ATTN: Rhonda Haag FROM: Pamela G. Hanc4, C. At the February 20, 2013, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Item N4 Grant Agreement S0640 from FL Department of Environmental Protection (FDEP) for funding of work to perform bathymetric surveys and collection and analysis of soil samples to help determine the costs of implementing the canal restoration strategies being developed under the county -wide Canal Improvements Management Master Plan. The project will be funded by of funds provided by the Florida Department of Environmental Protection. Enclosed are two duplicate originals, executed on behalf of Monroe County, for your handling. Please be sure to return one original for the Clerk's Record. NOTE: In the future please provide our office with at least four duplicate originals for our handling (I -Clerk; 1-Generating Department; I -Finance; and 1-County Attorney). Item N6 Interlocal Agreement Amendment No. 3 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. 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. This approval also revokes a former Amendment No. 3 which contained a scrivener's error. Enclosed is a duplicate original 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.3 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 by Amendment No. 1 on December 15, 2010 and Amendment No. 2 on May 16, 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 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 desire to modify this Interlocal Agreement to account for minor procedural changes; and WHEREAS, the parties desire to extend the Agreement by ninety (90) days to allow time for submission of reports and invoices. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and CITY agree as follows: This Amendment No. 3 shall be retroactive to June 30, 2012. 2. 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 September 30, 2012, unless earlier terminated or extended under the provisions of the Grant Agreement. The CITY acknowledges the COUNTY's Grant Agreement ARSO10, as revised under Amendment No. 2, ends June 30, 2012. All work by the CITY under the Agreement shall be completed by September 30, 2012. All invoices and reports shall be submitted by September 30, 2012. Paragraph 6 is hereby deleted in its entirety and replaced with the following: v 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 reimbursement requests submitted from the CITY to the COUNTY. 4. Paragraph 7B is hereby deleted in its entirety. 5. Paragraph 7D is hereby deleted in its entirety and replaced with the following COUNTY shall submit all Payment 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 813 is hereby deleted in its entirety and replaced with the following: The CITY'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. 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. o -:_ r-. r� r- BOARD OF COUNTY COMMISSIONERS CITY OF KEY WEST ---. OF MONROE COUNTY, FLORIDA - By: Mayor Date: 2/ l- ° / 2 n 1 3 AMY HEAVILIN, Clerk ATTEST: By: Mayor Crai ates Date: / / 7 // X AT7 (Seal) By: By: Deputy Clerk Date: 2121 /2-i 1 3 Monroe County Attorney Approved as to form: ssistant Count Attorney Date: 2 Date Approved as to Form and And Reliance Of Thyeit_ m N i w w Sufficiency For The Use y West, Florida Only: ity Attorney, Shawn Smith Date: /1 dcroaQ- 'a012 2