2nd Amendment 02/18/2009
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 31,2009
TO:
Jerry Barnett,
Director of Facilities Development
A TTN:
Ann Riger
Pamela G. Hanco~.
FROM:
/At the February 18, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Second Amendment to the 6/21/06 Interlocal Agreement
between Monroe County and Florida Keys Aqueduct Authority that clarifies the ILA restriction
of the use of State Revolving Fund (SRF) proceeds for the Big Coppitt project to allow for future
SRF proceeds to fund alternate projects. Enclosed is a duplicate original.
At the March 18, 2009, BOCC meeting the Board granted approval and authorized
execution of a Second Amendment to Contract for Consulting Services for Americans With
Disabilities Act (ADA) Compliance Assessments for County Facilities and Roads between
Monroe County and MBI/K2M Architecture, Inc. Enclosed is a copy.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Fina~
File
SECOND AMENDMENT TO
INTERLOCAL AGREEMENT
FOR THE
BIG COPPITT REGIONAL WASTEWATER SYSTEM
THIS SECOND AMENDMENT TO INTERLOCAL AGREEMENT is entered into the
18th day of February, 2009, 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, an
independent special district, (FKAA).
WHEREAS, on June 21, 2006, the parties entered into an inter-local agreement (ILA) for the
purpose of funding the costs associated with the administration, planning and development of a
regional wastewater project; and
WHEREAS, on November 14, 2007, that ILA was amended to recognize the County's
authority to seek State Revolving Loan Funds (SRF) and specified that proceeds of such loans would
be applied to the Big Coppitt project; and
WHEREAS, it is necessary to clarify that the ILA restriction of SRF to the Big Coppitt
project was a function of time and that funds received pursuant to applications in 2009 or later may
be applied to other wastewater projects; now, therefore
IN CONSIDERATION of the mutual consideration and promises set forth below, the parties agree
as follows:
1. Paragraph 1. lA, County Funding, of the Inter-local Agreement (ILA) dated June 21, 2006,
as previously amended, for the Big Coppitt Regional Wastewater System shall be amended to read as
follows:
1.1.A. 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 Revolving Fund
shall be utilized only for the Big Coppitt Wastewater Project. except that after January L
2009, proceeds from the State of Florida Revolving Fund may be applied to other
wastewater proiects provided that funding is available to complete the Big Coppitt
Wastewater Proiect. 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.
2. All other prOVISIons of the ILA dated June 21, 2006, for the Big Coppitt Regional
Wastewater System, as previously amended, not inconsistent herewith, shall remain in full force and
effect.
Big Coppitt 2d Amend
3. This Second Amendment to Agreement will take effect on the 1 st day of March, 2009.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
FKAA Board Approved: February 26, 2009
FLORIDA KEYS AQUEDUCT THORITY BOARD OF COUNTY COMMISSIONERS
KEY WEST, FL A OF M.2NROE COUNTY, FLORIDA
r; BY~~~" >n~,e.<f-.
Q, xeQutive Director Mayor George Neugent
J); /rf7, .. FES 1 B 2009
DATE I "~TE'."t'..'
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ATTEST: . H:5'~<p, '1'~tEST:'
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BY: ~./.:;z,- U El--~~"".!:~~
7 S -"j -.0 9' .:;s:.'FfB 1 8 2009
DATE DATE
APPROVED AS TO FORM
BY:
BY:
nne A. Hutton
County Attorney , J
Date: 3J~S/ /) ~
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Big Coppitt 2d Amend
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