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Item K1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 16, 2007 Bulk Item: Yes No X Division: —Engineering Department: Wastewater StaffContact Person/Phone #:Elizabeth Wood/2924525 AGENDA ITEM WORDING: Approval of a Resolution authorizing payment of $2,000,000 for the costs of acquisition, procurement, design, and construction of the Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System. ITEM BACKGROUND: FKAA has contracted for the design and permitting of the wastewater collection and treatment system to serve the Summerland/Cudjoe/Upper Sugarloaf Wastewater District. An advance request has been received from FKAA by the County. PREVIOUS RELEVANT BOCC ACTION: The Fiscal Year 2007 Capital Plan includes a $2,000,000 allocation for the Summerland/Cudjoe/Upper Sugarloaf project. In the Interlocal Agreement between Monroe County and Florida Keys Aqueduct Authority for the Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System, Monroe County agreed to provide $45,000,000 for the costs of acquisition, procurement, design, and construction of wastewater projects in the Summerland/Cudjoe/Upper Sugarloaf Wastewater District and to advance an amount of $3,000,000. The $45,000,000 estimated project cost did not include service to Upper Sugarloaf. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval. TOTAL COST: $2M COST TO COUNTY: BUDGETED: Yes X No SOURCE OF FUNDS: F304 REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 11/06 Engineering Division MEMORANDUM To: Dave Koppel, County Engineer From: Elizabeth Wood, Sr. Administrator — Sewer Projects Date: 5/3/2007 Re: Expedition of FKAA Advances AGENDA ITEM Approval of a Resolution authorizing payment of $2,000,000 for the costs of acquisition, procurement, design, and construction of the Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System. BACKGROUND: FKAA has contracted for the design and permitting of the wastewater collection and treatment system to serve the Summerland/Cudjoe/Upper Sugarloaf Wastewater District. An advance request has been received from FKAA by the County. PREVIOUS ACTION: The Fiscal Year 2007 Capital Plan includes a $2,000,000 allocation for the Summerland/Cudj oe/Upper Sugarloaf project. In the Interlocal Agreement between Monroe County and Florida Keys Aqueduct Authority for the Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System, Monroe County agreed to provide $45,000,000 for the costs of acquisition, procurement, design, and construction of wastewater projects in the Summerland/Cudjoe/Upper Sugarloaf Wastewater District and to advance an amount of $3,000,000. The $45,000,000 estimated project cost did not include service to Upper Sugarloaf. U:\engineering\Engineering\Wastewater\Agenda Items\WASTEWATER AGENDA ITEMS 2007\May\Resolution Advance Cudjoe Summerland\new memo 5-3-07.doc RESOLUTION NO. -2007 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING PAYMENT OF $2,000,000 TO ASSIST THE FLORIDA KEYS AQUEDUCT AUTHORITY FOR DESIGN, DEVELOPMENT AND CONSTRUCTION OF A WASTEWATER SYSTEM TO SERVE THE SUlV MERLAND, CUDJOE, UPPER SUGARLOAF AREA, KNOWN AS THE SUMMERLAND/CUDJOE/UPPER SUGARLOAF REGIONAL WASTEWATER SYSTEM. WHEREAS, the Monroe County Comprehensive Plan requires Monroe County to meet State mandated wastewater treatment standards by 2010; and WHEREAS, the prevailing method of wastewater treatment in the Summerland, Cudjoe, and Upper Sugarloaf area is the utilization of cess pits and septic systems; and WHEREAS, the Authority is authorized by Chapter 76-441, Laws of Florida, as amended, to design, construct and operate wastewater treatment systems; and WHEREAS, by virtue of Chapter 98-519 Laws of Florida, passed by the Florida Legislature on May 22, 1998 and subsequently signed into law by the Governor of the State, the Authority possesses authority to act as the wastewater service provider in unincorporated areas of the County; and WHEREAS, the Authority participated with the County in the development of the Monroe County Sanitary Wastewater Master Plan (the "Master Plan") for the Florida Keys which was adopted by the Monroe County Board of County Commissioners on May 18, 2000; and WHEREAS, the Master Plan identified and acknowledged the benefits to Monroe County, its residents, visitors and environs from the installation of regionalized central sewer systems and identified areas and projects which should be given priority attention, referred to as "Hot Spots;" and WHEREAS, Monroe County and the Florida Keys Aqueduct Authority (FKAA) entered into an interlocal agreement (ILA) on September 6, 2005, to work together to construct and place into service such wastewater treatment plants as are necessary to fulfill the 2010 goals for sewering the Florida Keys; and WHEREAS, FKAA has contracted for the design and permitting of the wastewater collection and treatment system to serve the Summerland/Cudjoe/Upper Sugarloaf Wastewater District; and WHEREAS, the BOCC agreed in the September 6, 2005 interlocal agreement to provide the FKAA with up to TWENTY MILLION DOLLARS ($20,000,000.00) to assist in the capital cost of constructing a regional wastewater system serving the Lower Keys; and WHEREAS, Monroe County and the Florida Keys Aqueduct Authority (FKAA) entered into a Master Lease Agreement (MLA) dated as of September 6, 2005, to further define the cooperative partnership of the parties in sewering the unincorporated areas of the County; and WHEREAS, when the ILA and MLA were executed, it was contemplated by both parties that further interlocal agreements would be entered to govern the specific projects; and WHEREAS, Monroe County and the Florida Keys Aqueduct Authority (FKAA) entered into an interlocal agreement (ILA) on September 20, 2006 for the Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System in which the BOCC agreed to appropriate, by resolution, funds not to exceed FORTY-FIVE MILLION DOLLARS ($45,000,000.00) estimated for administration, planning, and construction of a wastewater system to serve the Cudjoe and Summerland areas and to initially fund FKAA in the amount of THREE MILLION FIVE HUNDRED THOUSAND DOLLARS ($3,000,000); and WHEREAS, the FORTY-FIVE MILLION DOLLAR estimated project cost did not include Upper Sugarloaf, and WHEREAS, the Authority has approached the County with a request for an advance for financial assistance to construct the Summerland/Cudjoe/Upper Sugarloaf Wastewater System, and WHEREAS, the POCC finds it in the best interest of the public to provide $2,000,000 to be applied by FKAA to the regional wastewater project for the Summerland, Cudjoe, and Upper Sugarloaf areas through the Summerland/Cudjoe/Upper Sugarloaf Wastewater System; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section l: The Board hereby authorizes the advance payment of $2,000,000 to FKAA to be applied to the design of the Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater Project in furtherance of the commitment made in the 9-06-05 ILA, the 9-06-05 MLA and the 9-20-06 Summerland/Cudjoe/Upper Sugarloaf ILA. This payment may be made from any funds available and may be deemed to constitute the obligation under the 9-20-06 Summerland/Cudjoe/Upper Sugarloaf ILA. Section 2: The remaining amount of the initial funding request will be made once the capital plan is amended to increase the Upper Sugarloaf/Cudjoe/Summerland budget by $1,000,000.00. Section 3: Further funding committed under the ILA, the MLA and the Summerland/Cudjoe/Upper Sugarloaf ILA will be provided to FKAA only after submission of documentation meeting the County's accounting requirements for reimbursement_ Such documentation shall establish that FKAA exercises fiscal control and fund accounting procedures that comply with generally accepted government accounting principles in order to assure that the $2,000,000 advanced under this resolution and a future resolution for the remaining amount of initial funding have been spent for the design of the Project, including project- specific administrative costs and other project -related costs. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 16'h day of May, 2007. Mayor Di Gennaro Mayor Pro Tem Spehar Commissioner George Neugen t Commissioner Charles McCoy Commissioner Sylvia J. Murphy ATTEST DANNY L. KOLHAGE, CLERK Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: MONROE COUNTY ATTORW Mario Di Gennaro A ED AS TPrhPrl: U N " A. H TTON Date OUNTy,PyT�I�Y �� L!