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Item I10 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUM:MARY Meeting Date: 15 June 2005 Bulk Item: Yes ~ No Division: Growth Management Marine Resources Department: Staff Contact: George Garrett AGENDA ITEM WORDING: Approval of an amendment to the lnterlocal Agreement between Monroe County and the Key Largo Wastewater Treatment District (KLWTD) in order to resolve language discrepancies. ITEM BACKGROUND: The Interlocal Agreement adopted by the Board in February of 2003, provides funding to the KLWTD whose source is a grant provided originally to Monroe County from the Florida Department of Community Affairs (FDCA). The language in the contract differs with the language in the lnterlocal Agreement making disbursement of these specific funds problematic. The new language provided in this amendment to the Interlocal Agreement mimics the language in the FDCA contract so that it is clear how funds should be disbursed to KLWTD. The funds involved total $1,225,600 and were originally provided to the County in two separate contracts of $624,850 and $600,750. These funds will be utilized in the Key Largo Trailer Village and Key Largo Park projects. PREVIOUS RELEVANT BOCC ACTION: February 2003 - Interlocal Agreement adopted. CONTRACT/AGREEMENT CHANGES: This Amendment provides language clarification STAFF RECOMMENDATIONS; Approval TOTAL COST: $1,225,600 COST TO COUNTY: None REVENUE PRODUCING: Yes APPROVED BY: County Atty -L DIVISION DIRECTOR APPROVAL: BUDGETED: Yes SOURCE OF FUNDS: No No --L AMOUNT Per Month Year ;1 / J Risk Management p~ 1/ DOCUMENTATION: Included -L Not Required _ Growth Manqgementi/! I II f V t DISPOSITION: AGENDA ITEM NO.: BC050610 5/20/20059:14 AM MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key Largo Contract # - NA ,~"-_.~ Effective Date: Upon signature ,"^ ,,~,_,.,.___._c~~'C"_CC'CC Expiration Date: NA Contract PurposelDescription: Amendment to the Interlocal Agreement between Monroe County and the Key Largo Wastewater Treatment District ^~~"- ~.. ~-- - ~---~~~,,- -~^.,--- -'" ... ~"~---~~^~^~. cc_~ -~-~, _'.0_ -~ Contract Manager: George Garrett 2507 Marine Resources / 11 ~~r~~~_' (Name) (Ext.) (Department/Stop #) for BOCC meeting on 6/15/05 Agenda Deadline: 5/25/05 CONTRACT COSTS Total Dollar Value of Contract: $ 1,225,600 Budgeted? Yes[8J No 0 Account Codes: Grant $ 1,225,600 County Match: $ None Current Year Portion: $ Unknown 125-53009-334500-GVVOOO~-530340 125-53011-530490-GVVOI02-530340 - - - ~ ~ .",.,..-- ~ - ~ - - - ~ ~.............--~-~ Estimated Ongoing Costs: $NAlyr (N ot included in dollar value above) ADDITIONAL COSTS For: NA (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEVV County Attorney Changes Date In Needed 5..2'1~O,) YesO NoE(n SdS.f.E-, YesO NoB 00). S!1u.u. 5_M~ YesD NoQ <~.bU{)~ 5'lt~D) YesDNo~ r~ Date Out Division Director .?.: 27 ::ih?(_ Risk Management ~~ 'tJ O.M,B.lPurc mg SdS-qS . .. . , A . ~ . . ~ . .. . ~ . . ~ . . . . . . . . ~ . . . . . . --- / :>. {)J.D~, s}c . .. . . . . .. . . . . . , . . . . , . , . . , . . . .. ~ . . Comments: OMB Form Revised 2/27/01 Mep #2 AMENDMENT TO THE INTERLOCAL AGREEMENT RELA TING TO THE TRANSITION OF W ASTEWA TER JURISDICTION AND SERVICES FROM THE FLORIDA KEYS AQUEDUCT AUTHORITY TO THE KEY LARGO WASTEWATER TREATMENT DISTRICT BY AND BETWEEN MONROE COUNTY AND THE KEY LARGO \VASTEWATER TREATMENT DISTRICT ADOPTED: 15 June. 2005 AMENDMENT TO THE INTERLOCAL AGREEMENT THIS AMENDMENT TO THE INTERLOCAL AGREEMENT is made and entered into as of this day of 15 June, 2005, by and between Monroe County, Florida (the "County") and the Key Largo vVastewater Treatment District (HKL\VTD"). WIT N E SSE T H: WHEREAS, on February 21,2005 an Interlocal Agreernent was approved between three parties, Monroe County, the Florida Keys Aqueduct Authority (FKAA), and the Key Largo Wastevvater Treatment District (KLWTD); and, WHEREAS, Section 2,03 A, 3.of the Inter/ocal Agreement specifies that funds from two existing Florida Department of Community Affairs (FDCA) grants totaling $1,225,600 provided to the County would be transferred to KLWTD; and, WHEREAS, the language in the grants concerning disbursement and use of these funds differs from the language in the Interlocal Agreement, how funds should be disbursed through KL WTD is confusing; now therefore, IN CONSIDERATION OF THE MUTUAL COVENENANTS HEREIN CONTAINED and for other good and valuable consideration each to the other, receipt of which is hereby acknowledged by each party, the County and KL WTD hereby agree, stipulate and covenant as follows: SECTION 1. Section 2.03 A. 3. of the Interlocal Agreement is hereby amended and rewritten as follows and shall replace the previous Section in total: 3. Cesspit Grant Funds. The County agrees to provide all funds made available for cesspit replacement and/or sewer improvements made available through FDCA grants OO-DR-IW-1l-54-01-002 and Ol-DR- 16-11-54-01-001 in accordance with the terms provided therein: a. The amount of grant funding to be provided will be determine by the number of illegal and inadequate On-site Treatment and Disposal Systems (OSTDS) contained within the Monroe County designated (or KLWTD designated) geographic areas to be serviced by the system or system extension or expansion. That number is to be multiplied by a number no greater than the maximum amount of grant funding allowed per household under the Homeowners Wastewater Assistance Program (HWSAP) of $8,400 to determine the full funding amount toward the B-I overall cost of the system for all users. In the case of centralized system hook-up, while funding depends upon the number of unknown systems, that funding amount will be utilized to offset total system costs for all users, b. There are 321 Unknown Systems within the Key Largo Trailer Village and Key Largo Park project areas. According to the formula provided in sub section a. above, the amount that could be provided if available would be: 321 Unknown Systems X $8,400 I Unknown System = $2,696,400. Thus, in accordance with the FDCA contract agreement all funds, totaling $1,225,600, will be made available to KLWfD. c. Said funds will be made available to KLwrD upon request, with the stipulation that the actual number of cesspits be identified found within the Key Largo Trailer Village and Key Largo Park areas be made known to the County and to FDCA upon project completion and after connections to the system are made. SECTION 2. Amendment. This Agreement shall not be modified or altered except by another written agreement executed by the County , 3.nd Key Largo, IN WITNESS WHEREOF, the County .' and Key Largo have caused this Interlocal Agreement to be duly executed and entered into on the date first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) By: Mayor/Chairperson Danny L. Kolhage, Clerk B-2 !"\1te.. By: Deputy Clerk