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Item T6 ADD-ON BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 16 October 2002 Division: Growth Management Bulk Item: Yes No X Department: Marine Resources AGENDA ITEM WORDING: Approval of Amendment to Resolution 349-2002, an Interlocal Agreement between Monroe County and the Florida Keys Aqueduct Authority, for defining responsibilities and commitments for providing wastewater services at Key Largo Park, Key Largo. ITEM BACKGROUND: Since the adoption of Resolution 349-2002, the FKAA has further refined the costs of engineering services required to complete a request for proposals for construction of a wastewater collection system at Key Largo Park. The necessary financial commitment is approximately $356,000 for the development of required detailed bid documents on this project. This amendment to the Joint lnterlocal Agreement adopted as County Resolution 349-2002 and FKAA Resolution 02-25, commits an additional $156,000 to the development of the project. PREVIOUS RELEVANT BOCC ACTION: August 2002 - Adoption of Resolution 349-2002 CONTRACT/AGREEMENT CHANGES: This Amendment provides an additional $156,000 to the FKAA for project development efforts at Key Largo Park. STAFF RECOMMENDATIONS: Approval TOT AL COST: up to approximately $ 4.3 M BUDGETED: Yes No COST TO COUNTY: $356,000 REVENUE PRODUCING: Yes No X AMOUNT Per Month Year APPROVED BY: County Arty X DOCUMENT A TION: Included X ct~r of Growth Managem nt / Naf Required DIVISION DIRECTOR APPROVAL: AGENDA ITEM NO,: ~ DISPOSITION: Amend Res 349-2002 Joint FKAA Res. 101602 ]0/15/028:25 AM AMENDMENT TO THE JOINT RESOLUTION OF MONROE COUNTY BOCC AND FLORIDA KEYS FKAA RESOLUTION # 02-25 MONROE COUNTY RESOLUTION # 349 2002 AN AMENDMENT TO THE JOINT RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (RESOLUTION NO. 349-2002) AND THE FLORIDA KEYS AQUEDUCT AUTHORITY (RESOLUTION NO. 02-25) RELATING TO THE PROVISION OF WASTEWATER FACILITIES IN THE KEY LARGO AREA OF MONROE COUNTY. FLORIDA: PROVIDING FOR A COMMITMENT TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (- FDEP-) TO PRESERVE AND SECURE CERTAIN GRANT FUNDING FOR A WASTEWATER PROJECT IN THE KEY LARGO AREA PROVIDING FOR REQUIRED FUNDING BY MONROE COUNTY FOR THE PROJECT'S PLANNING/DESIGN: PROVIDING FOR THE COUNTY'S SHIP PROGRAM SUPPORT: PROVIDING FOR THE DEVELOPMENT OF A CRITICAL EVENTS SCHEDULE ACCEPTABLE TO FDEP IN ORDER TO IMPLEMENT A WASTEWATER PROJECT IN THE KEY LARGO AREA: PROVIDING FOR TRANSITION TO THE GOVERNING BOARD OF THE KEY LARGO WASTEWATER TREATMENT DISTRICT: PROVIDING THAT THIS JOINT RESOLUTION BE DEEMED AN INTERLOCAL AGREEMENT PURSUANT TO SECTION 163.01, FLORIDA STATUTES: AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The Monroe County Board of Commissioners adopted Resolution No. 349 and the Florida Keys Aqueduct Authority adopted Resolution No. 02-2002; and WHEREAS, said Resolutions were adopted as joint resolutions, deemed to be an Interlocal Agreement between the parties as defined under Section 163.01, F.S.; and WHEREAS, this Interlocal agreement establishes various commitments and funding for the development of the Key Largo Park, Key Largo wastewater project; and WHEREAS, the funding committed in the Interlocal Agreement was underestimated at the time of adoption of the Interlocal Agreement; and WHEREAS, the parties wish to amend the Interlocal Agreement to reflect the correct development costs and therefore the amount committed by the County to create preliminary project design, engineering, and other FDEP documentation requirements for the Key Largo Park project, now, therefore BE IT RESOLVED THAT, the Monroe County Board of Commissioners amends Resolution No. 349-2002 and the Florida Keys Aqueduct Authority amends the corresponding Resolution No. 02-25 as follows: SWMP-KL KLPResolution021016 10/111021:40 PM OL-i-l~-"'~ Ild..t.tb ;':-kUM;MUN~Uc.. \...u""....... ,.,..."'. v" ..."""...... ....... ........-_""............~,.\J Sedion 1. Change Section 2 (B) of Resolution 349-2002 and Resolution 02-25 to read: (B) Monroe County shall immediately appropriate and fund Three HWldred Fifty- six Thousand Dollars ($356,000.00) to complete preliminary project design, engineering and other FDEP documentation requirements for the Key Largo Park project. Monroe County shall pay the FKAA on a reimbursement basis tor the consultant engineering services to complete these documentation requirements. If further County funds are necessary to complete these documentation requirements, such funds shall be paid on a reimbursement basis to FKAA upon modifications to this agreement, executed In writing between the COWlty and the FKAA. All the FKAA financial records pertaining to this agreement must be made available, upon to request to the Clerk, an auditor employed by the COWlty or State of Florida. Any funds forwarded or transferred by the County to the FKAA under this agreement that are determined by the Clerk, an auditor employed by the County or State of Florida, to have been spent on a purpose not contemplated by this agreement shall be paid back to the County with interest calculated pursuant to Sec. 55.03 (1), F.S., from the date the auditor determines the funds were expended for a purpose not authorized by this agreement. Section 2, This Amendment to Monroe County Resolution No, 349-2002 and Florida Keys Aqueduct Authority Resolution No. 02-25 upon the date that both parties have signed this document and it has been duly filed with the Clerk of the Circuit Court, Monroe County, PASSED AND ADOPTED by the Monroe COWlty Board of Commissioners at a regular meeting of said Board held on the 16tb day October 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tem Dixie Spehar Commissioner George Neugent Commissioner Bert Jimenz Commissioner Murray Nelson BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORlDA BY: MA YORJCHAIR PERSON (SEAL) ATTEST: DANNY 1. KOLHAGE, CLERK BY: DEPUTY CLERK APPROVED AS TO FORM AND LEGAL SuffICIENCY Amend Joinl Res FKAA 349,2002,101602 10115/028:21 AM 2 DULY ADOPTED by the Florida Keys Aqueduct Authority this October 2002. (SEAL) Attest: BOARD OF DIRECTORS FLORIDA KEYS AQUEDUCT AUTHORITY By: day of John M. Koenig, Sr. Chairman Mary L. Rice, Secretary Treasurer SWMP-KL KLPReso(ution021016 10/11/021:40 PM 3