1st Amendment 11/14/2007
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
December 10, 2007
TO:
Suzanne A. Hutton
County Attorney
A TTN:
Kathy Peters
Executive Assistant
Isabel C. DeSantis . V
Deputy Clerk jfl"
FROM:
At the November 14, 2007, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of an Amendment to the June 21, 2006 InterIocal Agreement
between Monroe County and the Florida Keys Aqueduct Authority revising the County funding
portion to $35,000,000.00 and immediately appropriating those funds which have been duly
approved for the estimated costs of administration, planning and construction of the Big Coppitt
Regional Wastewater Project.
Enclosed is a fully executed duplicate original of the subject document for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: Finance
Filel/
FIRST AMENDMENT TO INTERLOCAL AGREEMENT
BETWEEN
MONROE COUNTY
AND
THE FLORIDA KEYS AQUEDUCT AUTHORITY
FOR THE
BIG COPPITT REGIONAL W ASTEW A TER SYSTEM
THI:~ AMENDMENT TO INTERLOCAL AGREEMENT is entered into this Jrlay
of JY~~ 2007, pursuant to Sec. 163.01, FS., by and between Monroe County, a political
subdivision of the State of Florida, (County), and the Florida Keys Aqueduct Authority, Inc., an
independent special district, (FKAA).
WHEREAS, on June 21, 2006 the parties entered into an Interlocal Agreement providing
procedures for the allocation, expenditure and reimbursement of funds for the Big Coppitt
Regional Wastewater System (System); and
WHEREAS, the June 21, 2006 Interlocal Agreement provides for a appropriation of
$15,000,000 to be established by a resolution of the BOCC; and
WHE:REAS, no resolution for the appropriation of $15,000,000 has been issued by the
BOCC; and
WHEREAS, the Interlocal Agreement provides that the estimated costs of the System
shall be modified to reflect a combination of actual costs incurred and changes in pricing due to
contracts resulting from bid processes or other conditions; and
WHEREAS, the FKAA, in coordination and cooperation with the County, has received
bids for the construction of the System and it is necessary for the Interlocal Agreement to be
modified to n~flect such changes in the estimates in order to provide for adequate funding to be
available for the timely and efficient construction of the Systems;
NOW THEREFORE, IN CONSIDERATION of the mutual consideration and premises
set forth below, the parties agree as follows:
1. The parties are entering into this Amendment pursuant to Chapter 163, Florida Statutes.
2. Section I. of the Interlocal Agreement dated June 21, 2006 between Monroe County and
the Florida Keys Aqueduct authority is herby amended to read:
I. Th,~ County shall immediately appropriate from any lawfully available source, those
funds which have been duly approved for the estimated costs of administration,
planning and construction of the Big Coppitt Regional Wastewater Project, to the
Big Coppitt WW ILA Amend 11-06-07
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FKAA, which shall not exceed Thirty-Five Million Dollars ($35,000,000.00). These
funds include the Five Million Dollars ($5,000,000.00) already authorized under
Resolution No. 199-2006, and the Three Million Five Hundred Thousand Dollars
($3,500,000.00) authorized under Resolution No. 353-2007, unless that amount is
changed by amendment to this agreement. Municipal Service taxing Unit ad valorem
tax proceeds collected by County shall be provided to FKAA as part of the funding
under this Agreement and shall be disbursed as described in Paragraph 3 below.
Before such disbursement, County may deduct its cost of administration and
professional costs from the MSTU funds collected. As the project progresses, and
estimates are altered to reflect a combination of actual costs incurred and changes in
pricing due to contracts resulting from bid processes, and other changed conditions,
the FKAA shall provide such information to the County. This Agreement shall be
modified as necessary to reflect such changes in estimates in order to provide for
adequate funding to be available for the timely and efficient construction of the
project. The amount of the funding may be changed by written amendment to this
Agreement approved by the parties.
IA. In order to insure the FKAA that funds are available to award and proceed with the
remaining construction contracts necessary to complete the Big Coppitt Wastewater
Project, the County states that the proceeds it receives from the State of Florida
RI~volving Fund shall be utilized only for the Big Coppitt Wastewater Project and
further that all Assessments collected from the Big Coppitt Wastewater District shall
be: utilized on the Big Coppitt Wastewater Project. The County shall provide any
additional funding required to meet its obligation to fund the Big Coppitt Wastewater
Project from any legally available source.
3. Monroe County and the Florida Keys Aqueduct Authority agree that this Amendment
shall be deemed to be effective on the date signed by the parties.
4. This Amendment may be executed in any number of counterparts and by different parties
hereto on separate counterparts, each of which when so executed and delivered shall be
an original and all of which shall together constitute one and the same agreement.
Signature pages may be detached from the various counterparts and attached to a single
copy of this document to physically form one document.
5. The foregoing terms and conditions are hereby incorporated into the Interlocal
Agreement. Except as modified herein, the lnterlocal Agreement dated June 21, 2006,
remains in full force and effect. In the event of any conflict or ambiguity between the
lnterlocal Agreement and this Amendment, this Amendment shall controL
Balance of Page Intentionally Left Blank
Signature Page to Follow
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
(SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
By: ~L Q Q.. ~)6QJ\o\tv
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE C TY, FLORIDA
EDUCT AUTHORITY
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(SEAL)
ATTEST:
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FKAA Board Approved: November 20, 2007
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Big Coppitt WW ILA Amend I 1-06-07 3