Item T06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 18 December 2002
Division:
Growth Management
Bulk Item: Yes
No X
Department:
Marine Resources
AGENDA ITEM WORDING:
Approval of a Resolution amending Resolution 349-2002, and all subsequent revisions thereto; an interlocal
agreement between Monroe County and the Florida Keys Aqueduct Authority defining responsibilities and
commitments for providing wastewater services at Key Largo Park, Key Largo.
ITEM BACKGROUND:
This amendment to the Interlocal agreement concerning provision for wastewater services at Key Largo Park
clarifies sections of the agreement relating to County payment of funds to the FK.AA. The purpose of this
revision is to allow payments to the engineering consultant for the FK.AA based on percent completion of tasks
defined in the Resolution. No additional funds are provided to the FK.AA or their engineer as a result of this
amendment to Resolution 349-2002.
PREVIOUS RELEVANT BOCC ACTION:
21 August 2002 - Adoption Resolution 349-2002
16 October 2002 - Amendment to Resolution 349-2002
CONTRACT/AGREEMENT CHANGES:
Revisions to payment mechanism
STAFF RECOMMENDATIONS;
Approval
$356,000
BUDGETED: Yes
No
TOT AL COST:
COST TO COUNTY:
$356,000
REVENUE PRODUCING: Yes
No X AMOUNT Per Month
Year
DIVISION DIRECTOR APPROVAL:
Risk Management
APPROVED BY: County Atty X
tor of Growth Management
DOCUMENTATION: Included X
To Follow _ Not Required _
DISPOSITION:
AGENDA ITEM NO.:
-r?
BC021211
12/02/0211:16 AM
AMENDMENT 2 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 INTER LOCAL 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:
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o..I~..... .......... ......... .._ ......... .. .................,.'lIr..u~ .....~_."'..... f........... ........ ..~......
Sedioa 1. Change Section 2 (B) ofR.esolution 349-2002 and R{:solution 02-25 to read:
(8) Monroe County shall immediately appropriate and fund Three Hundred Fifty-
six ThousolIld Dollars ($356,000.00) to complete preliminary project design. engineering
and other FDEP documentation r~quirernents for the Key Largo Park projecr. Monroe
County shall pay the engineering consultants for the FKAA on a reimbursement basis for
the consultant engineering services to complet(: these docum'~ntation requirements. If
funher County funds are necessary to completel:hes:e documentation requirements, such
funds shall be paid on a reimbursement basis to the engineering consultants for the
FKAA upon modifkations to thi~; agreement, e;<ecuted in writing between the County
and the FKAA. All the financial records pertaining u> this agreement held by the FKAA
or the FKAA enginLocring consultants. must be made available upon to request to the
Clerk, an auditor employed by th,: County, or Slate of Florida. Any funds forwarded or
trcl11sferred by the County to the FKAA or the engineering consultants for the FUA
wlder this agreement that are determined by the Clerk.. an uuditor employed by the
County or State of Florida, to have been spent on a pmpose 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 th(: funds were expended for a purpose not
authori~ed by this agreement.
Section 2. lhis Amendment to Monroe County Resolution No. 349-2002 and Florida
Keys Aqueduc( Authority Resolution No. 02-25 upon the date that both parties have signed this
document and it has been duly filed with the Clerk oftbe Circuit Court. Monroe County.
PASSED AND ADOPTED by tht: Monroe County8oard of Commissioners at a regular
meeting of said Board held un the lSlb day December 2002.
Mayor Dixie M. Spehctr
Ma)or Pro Tern Murray E. Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Conunissioner David Rice
BOARD OF COill.JTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
MA YOR/CHAIR PERSON
(SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
BY:
DEPUTY CLERK
APPIlOVED AS TO FORM AND
LEOI\l SUFFICIENCY
JO"'tJc:.~ umend 349.2002 120902
12109/024:03 PM
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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
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