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Item K2BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9/16/09 Division: Administrator Bulk Item: Yes _ No X Department: Wastewater Staff Contact Person/Phone #: Elizabeth Wood/292-4525 AGENDA ITEM WORDING: Approval to adopt the Second Amendment to the September 20, 2006 Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System Interlocal Agreement (ILA) to strategically release funds previously allocated to prepare design reports, plans and specifications for the Cudjoe Regional expanded service area. ITEM BACKGROUND: Plans and specifications for phases of the Cudjoe Regional central service area are anticipated to be ready for bid toward the end of 2009 and through 2010 and establish readiness to proceed for the Cudjoe Regional System. FKAA has recommended diverting $1.3 million of infrastructure sales tax back to the Duck Key collection system funding plan for which system development fees have been collected and additional revenue is necessary. PREVIOUS RELEVANT BOCC ACTION: On September 20, 2006, the BOCC approved the ILA for the Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System. At the March 19, 2008 BOCC meeting, the BOCC supported a staff report to proceed with administration necessary to combine the Summerl and/Cudj oe/Sugarl oaf and Ramrod/Torch/Big Pine Key central service areas for a cost reduction over $20,000,000.00. On April 16, 2008, the BOCC approved Amendment One which expanded the Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System appropriating the additional funds necessary to design the Cudjoe Regional expanded service area through preparation of plans and specifications. CONTRACT/AGREEMENT CHANGES:N/A. STAFF RECOMMENDATIONS: Approval. TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Revised 7/09 Included X Not Required AGENDA ITEM # SECOND AMENDMENT TO INTERLOCAL AGREEMENT FOR THE CUDJOE REGIONAL WASTEWATER SYSTEM THIS SECOND AMENDMENT TO INTERLOCAL AGREEMENT is entered into this 16th day of September, 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, Inc., an independent special district, (FKAA). WHEREAS, the County has committed by interlocal agreement dated September 6, 2005, and by Master Lease approved September 25, 2005, to seek funding through federal and state grants and the issuance of revenue bonds backed by the pledge of infrastructure tax; and to provide funding to the FKAA for the administration, planning and construction of wastewater projects owned by Monroe County; and WHEREAS, on September 20, 2006, the County and the FKAA entered into an interlocal agreement (ILA) for the County to provide funding for administration, planning and construction of a wastewater collection system, transmission main and method of treatment to Advanced Wastewater Treatment (AWT) standards to serve the residents and business in the Conch Key/Duck Key Wastewater Service District; and WHEREAS, on April 16, 2008, the parties entered into an amendment to the Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System ILA to expand the service area to include Big Pine Key through Ramrod Key and Lower Sugarloaf and increase the initial design budget by $4.5 million for a total budget of $7.5 million so that unincorporated Monroe County projects could be ready to proceed and eligible for grant funding; and WHEREAS, grants necessary to complete the funding plan for construction of the Cudjoe Regional Wastewater System have not yet been forthcoming and commencement of construction is delayed while alternative funding plans are pursued; and WHEREAS, the Cudjoe Regional Wastewater Project design has been prepared to the extent necessary for the project to be considered "ready to proceed" and design engineers have identified reasonable interim milestones from which they can finalize portions of the design; and WHEREAS, Municipal Service Taxing Unit Revenue for year one of the Big Pine MSTU and Year 2 of the Cudjoe MSTU is anticipated to generate sufficient revenue to finalize the design; and 2nd Amend Cudjoe Regional ILA WHEREAS, FKAA has acquired a treatment plant on Duck Key for purposes of upgrade and expansion to provide AWT to the area encompassing Duck Key, Indies Island, and Conch Key, and has initiated design and other services to commence the Duck Key Project; and WHEREAS, System Development Fees have been collected from the Duck Key service areas but additional revenue is necessary to complete the Duck Key collection system funding plan; and WHEREAS, the County and the FKAA desire to amend the Cudjoe Regional ILA to decrease funding for design until such time as additional revenues are available for construction, allowing the amount previously allocated but not yet spent to be diverted to the Duck Key project; now therefore IN CONSIDERATION of the mutual consideration and premises set forth below, the parties agree as follows: I. Section 1, COUNTY FUNDING, of the Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System interlocal agreement dated September 20, 2006 (ILA), as previously amended on April 16, 2008, shall be amended to read: The County shall appropriate from any lawfully available source, a sum not to exceed $3,200,000 for the preliminary design to add to the Summerland/Cudjoe Upper Sugarloaf Regional Wastewaer System necessary collection systems to accommodate from Big Pine Key to Lower Sugarloaf (expanded system), to be paid to the FKAA as reimbursement. These funds are additional to the funds set forth in the Interlocal Agreement dated September 20, 2006. Additional amendment(s) will be necessary to appropriate funds for the final design of the expanded area. The amount of the funding may be changed by written amendment to this Agreement by the parties. 2. Paragraph 2, Project, of the ILA dated September 20, 2006, as previously amended on April 16, 2008, for the Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System shall be amended to read as follows: The project shall include preliminary design and cost estimates to expand the Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System to encompass Big Pine Key through Lower Sugarloaf, the final design of the inner islands (Summerland/Cudjoe/Upper Sugarloaf) as well as the treatment plant and cost estimates for the entire project. The parties will amend the original ILA dated September 20, 2006, to include planning, final design, and construction of those components of the expanded design to be incorporated into the Final Project. 2nd Amend Cudjoe Regional ILA 2 3. All other provisions of the ILA dated September 20, 2006 for the Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System, as amended April 16, 2008, not inconsistent herewith shall remain in full force and effect. 4. This Agreement will take effect on the 161h day of September, 2009. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By; Deputy Clerk THE FLORIDA KEYS AQUEDUCT AUTHORITY By: Chairman (SEAL) ATTEST: Clerk Mayor/Chairperson IM N CE COLJNI'Y ATTOR 1E VV 2°d Amend Cudjoe Regional ILA 3