K. Wastewater IssuesBOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September
19,
2007
Division:
Engineering
Bulk Item: Yes
_ No
x
Department:
Engineering -Wastewater
Staff Contact Person/Phone #:Elizabeth Wood. 292-4525
AGENDA ITEM WORDING: Approval to execute the First Amendment to Interlocal Agreement of
Cooperation in Wastewater System Development to the September 6, 2005 ILA between Monroe
County and FKAA.
ITEM BACKGROUND: Monroe County staff is pursuing borrowed funding through FDEP state
revolving loan fund to take advantage of reduced interest and loan coverage requirements.
PREVIOUS RELEVANT BOCC ACTION: Approval of September 6, 2005 ILA agreement.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST: n/a BUDGETED: Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION:
Revised 11/06
AGENDA ITEM #
Engineering Division
MEMORANDUM
To: Dave Koppel, County Engineer
From: Elizabeth Wood, Sr. Administrator — Sewer Projects
Date: 9/13/2007
Re: "Cooperation Agreement" September 6, 2005 Base ILA
Following a County coordination meeting with OMB, Attorney, Administrator, and Engineering it was
determined that both the FKAA and KLWTD ILAs require amendment to remove the requirement to pay
the $20M commitment from a specific revenue source. The amendment for approval allows County to
pay from any available revenue source.
FIRST AMENDMENT TO INTERLOCAL AGREEMENT
OF COOPERATION IN WASTEWATER SYSTEM
DEVELOPMENT
This First Amendment ("Amendment") to an Interlocal Agreement dated as of September 6,
2005 (the "Interlocal Agreement"), is entered this 19th day of September, 2007, between Monroe
County, Florida ("County"), a political subdivision of the State of Florida, and Florida Keys
Aqueduct Authority ("FKAA"), an independent special district.
WHEREAS, on September 6, 2005, the County and FKAA executed an Interlocal
Agreement agreeing to partner in the development of wastewater systems; and
WHEREAS, the County and the Authority desire to amend Section 2.02 of the Interlocal
Agreement to clarify and broaden the sources of funds which the County may apply to satisfy its
monetary commitment in the Interlocal Agreement toward the completion of wastewater projects in
the Lower Keys; now therefore
IN CONSIDERATION of the premises and the covenants and conditions hereinafter
contained and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto amend the Interlocal Agreement as follows:
Section 1. Section 2.02 of the Interlocal Agreement is amended by adding the following sentence
at the end of such section:
"The County and FKAA understand and agree that the
County may secure state revolving loan funds from the Department
of Environmental Protection or funds from any other source to meet
the County's obligation to provide funding toward the cost of
acquisition, procurement, design and construction of wastewater
projects in the Lower Keys pursuant to this Interlocal Agreement."
As amended, Section 2.02 shall read in its entirety as follows:
"The County, in addition to funds obtained from state and federal
sources, shall use its best efforts to obtain the funds necessary to
complete all wastewater projects so that citizens do not have to pay in
excess of $4,500 per EDU in non -ad valorem special assessments.
The County shall provide up to $31,800,000 for the costs of
acquisition, procurement, design, and construction of wastewater
projects in the Lower Keys. County commits to full faith and
diligence in working with the FKAA to provide funding to make
costs of system development and connections for the Big Coppitt and
all future projects reasonable to users. County shall have the
responsibility of levying special assessments for wastewater projects.
Lower Keys projects included under this Agreement are Big Coppitt
area, Cudjoe-Sugarloaf area, and Big Pine area. Other
unincorporated County projects are Duck Key and Long Key. The
9/19/07 Amend ILA
WW System Devpt
County and FKAA understand and agree that the County may secure
state revolving loan funds from the Department of Environmental
Protection or funds from any other source lawfully available to meet
the County's obligation to provide funding toward the cost of
acquisition, procurement, design and construction of wastewater
projects in the Lower Keys pursuant to this Interlocal Agreement."
Section 2. All of the terms of the September 6, 2005 Interlocal Agreement not inconsistent
herewith shall remain in full force and effect.
Section 3. This Amendment to the Interlocal Agreement may be executed in several counterparts,
each of which shall be an original and all of which shall constitute but one and the same
instrument.
IN WITNESS WHEREOF, the County and FKAA have caused this First Amendment to
the Interlocal Agreement to be duly executed as of the 19'h day of September, 2007.
FLORIDA KEYS AQUEDUCT AUTHORITY BOARD OF COUNTY COMMISSIONERS
KEY WEST, FLORIDA OF MONROE COUNTY, FLORIDA
M.
James C. Reynolds, Executive Director
DATE
ATTEST:
BY:
DATE
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Kirk C. Zuelch
FKAA General Counsel
ATTEST:
ma
9/19/07 Amend ILA 2
WW System Devpt
Mayor Mario DiGennaro
DATE
ATTEST:
DANNY L. KOLHAGE, CLERK
LOW
APPROVED AS TO FORM
BY:
e A. Hutto
County A to ey
Date:
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 9/19/07
BuJk Item: Yes No x
Division: BOCC
Department: DISTRICT FIVE
Staff Contact Person/Pbone #:
Donna Hanson — 305-852-7175
AGENDA. ITEM WORDING: Approval of a resolution to encourage the Florida Keys
Wastewater Assistance Foundation in its mission.
ITEM BACKGROUND: None
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS:
TOTAL COST: 0 BUDGETED: Yes _ No —
COST TO COUNTY: 0 SOURCE OF FUNDS: --
REVENUE PRODUCING: Yes _ No . X_-- AMOUNT PER MONTH Year
APPROVED BY: County Atly OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required—0
DISPOSITION:
Revised 11/06
AGENDA ITEM 0-
Commissioner Murphy
RESOLUTION - 2007
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS IN SUPPORT OF
ENCOURAGING THE FLORIDA KEYS WASTEWATER
ASSISTANCE FOUNDATION, INC. IN ITS KEYSWIDE
MISSION.
WHEREAS, the Florida Keys are a 130-mile island chain, south of mainland Florida and
the nation's largest water quality restoration project, The Everglades, at the center of a federally
protected National Marine Sanctuary and the nation's largest barrier coral reef; and
WHEREAS, the Florida Keys are home to 74,000 citizens and 4 million annual visitors
who deposit sewage that is state mandated to be collected in centralized sewer systems to
standards four times stricter than the United States Clean Water Act by June 30, 2010 or suffer
severe financial penalties from the State Departments of Health and Environmental Protection;
and
WHEREAS, the Florida Wastewater Assistance Foundation was formed April 16, 2007
as a Florida non-profit corporation to fill a critical need for federally designated Rural Monroe
County Florida community, its homes, businesses and policy makers; and
WHEREAS, the Foundation purpose is two -fold: (1) to educate Keys and Florida.
publics as to why by State mandate and law we must eliminate cesspits and leaking septic tanks
and treat sewage to Advanced Wastewater Standards and what will happen if we don't; and (2)
to alleviate the sewer hook up needs of our low income, elderly and disabled who make up a
higher -than -average percentage of our population; and
WHEREAS, the Foundation's mission is to.be a forum for Keyswide communication on
critical water quality issues and a seeker of integrated and cooperative solutions; and
WHEREAS, the Foundation is a voice for unity but in no way a competing or conflicting
group which interferes with the sovereignty or values of any civic, social, educational,
governmental or non-profit Keys entity;
NOW, THEREFORE, BE IT RESOLVED by the Monroe County Board of County
Commissioners, Monroe County, Florida, that the Florida Keys Wastewater Assistance
Foundation be encouraged to be:
1. A clearinghouse for information and research.
2. A forum to bring diverse groups together and encourage innovative solutions.
3. A facilitator of financial resources to the financially challenged and disabled.
4. An ally in the effort to promote open communication between and among all private and
public entities related to wastewater and its impact on water quality restoration.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a meeting of said Board held on the 19th day of September, A.D.., 2007.
Mayor Mario DiGennaro
Mayor Pro Tern Dixie M. Spehar
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Commissioner George Neugent
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
010INROE COUNTY ATTOS Y
ROVED AS T
TTON
as QRtaEY
Date 5�ro
Mayor/Chairman
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 19, 2007 Division Engineering
Bulk Item: Yes _ No X Department: Wastewater
Staff Contact Person: Elizabeth Wood 292-4525
AGENDA ITEM WORDING: Approval to execute first amendment to the amended and restated
interlocal agreement between Monroe County and the Key Largo Water Treatment District.
ITEM BACKGROUND: The July 20, 2005 Interlocal Agreement identified certain sources of revenue to be
used by the County to fund its $20M commitment to the Key Largo Water Treatment District.
PREVIOUS RELEVANT BOCC ACTION: Execution of July 20, 2005 ILA.
CONTRACT/AGREEMENT CHANGES: The amendment states that, "County shall be entitled to
fund its commitments to provide the Reimbursement Agreement to the District by using infrastructure
sales surtax revenue, bonds secured by such revenue, funds received from state and federal sources
(either loans or grants) or any other legally authorized source of funds."
STAFF RECOMMENDATIONS: Approval as stated.
TOTAL COST: $20M BUDGETED: Yes NA No
COST TO COUNTY: $20M SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH
APPROVED BY: County Atty OMB/Purchasing
DOCUMENTATION: Included X Not Required
F304
Year
Risk Management
DISPOSITION: AGENDA ITEM #
Engineering Division
MEMORANDUM
To: Dave Koppel, County Engineer
From: Elizabeth Wood, Sr. Administrator — Sewer Projects
Date: 9/13/2007
Re: Amendment to KLWTD ILA
Following a County coordination meeting with OMB, Attorney, Administrator, and Engineering it was
determined that both the FKAA and KLWTD ILAs require amendment to remove the requirement to pay
the $20M commitment from a specific revenue source. The amendment for approval allows County to
pay from any available revenue source and is necessary to fund capital projects through a bond secured by
sales tax revenue.
MAT
n"Ell
,2007
FIRST AMENDMENT TO THE AMENDED AND RESTATED
INT'ERLGCAL AGREEMENT
THIS FIRST AMENDMENT ("AMENDMENT") TO THE AMENDED AND
RESTATED INTERL®CAL AGREEMENT, dated July 20, 2005 (the "Interlocal
Agreement") is entered into pursuant to section 163.01, Florida Statutes, by and
between Monroe County, a political subdivision of the State of Florida (the "County"),
and the Key Largo Wastewater Treatment District, an independent special district
existing as a public agency under the laws of the State of Florida (the "District"), to
amend the Interlocal Agreement to provide for scheduled payments by the County to
the District of the Reimbursement Amount and to clarify the parties intent that the
County may use infrastructure sales surtax revenue, bonds secured by such revenue,
funds received from state or federal sources, either loans or grants, or any other legally
authorized source of funds to pay the District the Reimbursement Amount.
ITNESSETH:
WHEREAS, the District and the County entered into the Interlocal Agreement to
advance the provision of central wastewater services to be provided in Monroe County
and for the other purposes and reasons stated in the findings set forth in the Interlocal
Agreement; and
WHEREAS, the Interlocal Agreement identified certain sources of revenue to be
used by the County to fund its commitment to the District hereunder; and
WHEREAS, the County and the District have determined to amend the Interlocal
Agreement to provide for scheduled payments by the County to the District of the
0
Reimbursement Amount and to expand the sources of funds which the County is
authorized to use to fund the County's commitments to the District.
NOW, THEREFORE, in consideration of the mutual covenants herein, the
Interlocal Agreement is hereby amended to read as follows:
SECTION 1. WORDS AND TERMS. The words and terms used herein shall
have the same meanings as set forth in the Interlocal Agreement.
SECTION 2. Section 4.08, entitled "Reimbursements," is hereby amended to add
a subsection (5) which shall read as follows:
(5) Notwithstanding the foregoing, the County and the District agree that the
County shall make available for payment to the District each fiscal year, beginning with
Fiscal Year 2007, the amounts identified in Appendix A to this AMENDMENT. The
funds indicated in Appendix A shall be provided each fiscal year to the District at such
time as the District has either (1) provided the County with documents and certifications
related to the District's expenditure of all of the funds provided by the County in prior
years so as to satisfy the provisions of this Section 4.08 or (2) the District has presented
to the County documents and certifications sufficient to establish to the satisfaction of
the County Clerk that (a) the District has entered binding agreements with third parties
related to the construction of Projects contemplated in the Interlocal Agreement, (b) the
District has accrued monetary obligations to pay such third parties or shall accrue such
obligations in the near future and (c) the District does not possess sufficient funds to
pay such obligations unless the County provides the funds contemplated hereunder.
The District shall be obligated to continue to provide the County with the documents and
certifications required in Section 4.08 as the District expends funds provided by the
4
County each year. At the sole discretion of the County Clerk, the County may refuse to
provide funds to the District if the District fails to comply with Section 4.08, as amended
herein.
SECTION 3. SOURCE OF FUNDS TO PROVIDE THE REIMBURSEMENT
AGREEMENT. Notwithstanding anything in the Interlocal Agreement to the contrary,
the County and District agree that the County shall be entitled to fund its commitments
to provide the Reimbursement Amount to the District by using infrastructure sales surtax
revenue bonds, funds received from state and federal sources (either loans or grants) or
any other legally available source of funds. The District acknowledges and agrees that
the County may only use public funds such as those provided to pay the
Reimbursement Amount for the public interest and all terms and conditions of the
Interlocal Agreement relating to the public interest shall remain in full force and effect
and be binding on the District.
SECTION 4. FILING AND EFFECTIVE DATE. A copy of this AMENDMENT
shall be filed with the Clerk of the Circuit Court of Monroe County and this Agreement
will take effect on the date such copy executed by both parties is so filed.
K
IN WITNESS WHEREOF, the parties have caused this AMENDMENT to be
executed on their behalf by the County Chairman and the District Chairman.
(SEAL)
A MIN 091PIL9_41,11 11, k wA-2jK61-'j Is
la
Mayor/Chairperson
Danny L. Kolhage, Clerk MONROE COUNTY ATTORNEY
APPROVED AS
�§UZANNE A. HUTTON
By: Date cokl�
Deputy Clerk . /
0
Clerk
rd
Schedule of Payments
Fiscal Year 2007 $2,250,000
Fiscal Year 2008 $3,250,000
Fiscal Year 2009 $3,250,000
Fiscal Year 2010 $3,250,000
Fiscal Year 2011 $4,228,572
Total $16,291,131
F:\Tally Data\General Data\WPDATA\PROJECTS\Monroe County\First Amdendment to the Amended and Restated Interlocal
Agreement —Key Largo WWTD7_1.docF
IM
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 19, 2007
Bulk Item: Yes No X
Division Engineering
Department: Wastewater
Staff Contact Person: Elizabeth Wood 292-4525
AGENDA ITEM WORDING: Approval to execute resolution to appropriate $3.5M to pay FKAA
reimbursement requests for Big Coppitt Regional Wastewater Treatment System.
ITEM BACKGROUND: The FKAA has submitted reimbursement requests for design and
construction costs incurred in FY08. Appropriation of $3.5M is required for Clerk to pay approved
reimbursement requests. Approximately $0.7M will be reimbursed through the State Financial
Assistance Grant.
PREVIOUS RELEVANT BOCC ACTION: Execution of September 6, 2005 ILA and MLA, the
June 21, 2006 Big Coppitt Regional Wastewater System ILA, and Resolution 199-2006.
CONTRACT/AGREEMENT CHANGES: None.
STAFF RECOMMENDATIONS: Approval as stated.
TOTAL COST: $3.5M BUDGETED: Yes NA No
COST TO COUNTY: $2.8 SOURCE OF FUNDS: F304
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Engineering Division
MEMORANDUM
To: Dave Koppel, County Engineer
From: Elizabeth Wood, Sr. Administrator — Sewer Projects
Date: 9/12/2007
Re: Necessity for Resolution to Appropriate $3.5M
FKAA has submitted approximately $3.5M in Reimbursement Requests for FY07. Approximately $1.8M
is for design and the remaining is for construction. As it is written, the State Financial Assistance Grant
provides for 40% reimbursement of construction costs. Approximately $0.7M will be reimbursed.
The Big Coppitt Regional Wastewater Treatment System ILA requires that the funding be appropriated
by resolution. This resolution is necessary to pay FY07 outstanding invoices.
Please note that the Clerk has already paid $0.8M in reimbursement requests. It is intended that this
resolution include the reimbursement request already paid. In other words, after the resolution is
executed, $8.5M will have been appropriated for the Big Coppitt Regional Wastewater System (resolution
199-2006: advance $5M and $3.5M for reimbursement requests) and $5.8M will have been paid to data as
of 9/14/07.
RESOLUTION NO. - 2007
A RESOLUTION OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AUTHORIZING PAYMENT OF $3900%000 TO
THE FLORIDA KEYS AQUEDUCT AUTHORITY
FOR DESIGN, DEVELOPMENT AND CONSTRUCTION OF A
WASTEWATER SYSTEM TO SERVE THE
BIG COPPI'ITF KEY SERVICE AREA.
WHEREAS, Monroe County and the Florida Keys Aqueduct Authority (FKAA)
entered into an interlocal agreement (ILA) on June 21, 2006, for the Big Coppitt Regional
Wastewater System; and
WHEREAS, FKAA has submitted reimbursement requests for design and
construction of the Big Coppitt Regional Wastewater System; and
WHEREAS, the June 21, 2005 ILA specifies that, "The County by resolution of its
Board of County Commissioners shall appropriate from any lawfully available source those funds
which have been duly approved for the estimated costs of administration, planning, and
construction of the Project which shall not exceed Fifteen Million Dollars ($15,000,000.00).
These funds are in addition to the Five Million Dollars ($5,000,000.00) previously authorized
under Resolution No 199-2006"; and
WHEREAS, 40% of construction costs are eligible for reimbursement under DEP
Agreement No. LP6803; and
WHEREAS, Nine Million Three Hundred Thousand Dollars ($9,300,000.00) of the
Twenty Million Dollars ($20,000,000.00) agreed to by the BOCC in the September 6, 2005
interlocal agreement has been paid to FKAA in the form of advances and reimbursement
requests; and
WHEREAS, appropriation of $3,500,000 of sales tax revenue is necessary to pay the
FY07 FKAA reimbursement requests for the Big Coppitt Regional Wastewater System; now,
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,
FLORIDA:
Section 1: The Board hereby authorizes the appropriation of $3,500,000 to be paid to FKAA
for the design and construction of the Big Coppitt Regional Wastewater Treatment System in
FY07 in furtherance of the commitment made in the 9-06-05 ILA, the 9-06-05 MLA and the
6-21-06 Big Coppitt ILA.
Section 2: Reimbursement requests will be approved 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 $3,500,000 appropriated by this resolution has been spent for the design and
construction of the Big Coppitt Regional Wastewater System, 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 19th day of September, 2007.
Mavor Di Gennaro
Mayor Pro Tern Spehar
Commissioner George Neugent
Commissioner Charles McCoy
Commissioner Sylvia J. Murphy
ATTEST
DANNY L. KOLHAGE, CLERK
EA
Deputy Clerk
BOARD OF COUNTY COMMISSIONER
OF MONROE COUNTY, FLORIDA
Mayor Mario Di Gennaro
MONROE COUNTY ATTOR EY
A OVED AS TO
ZAN EA. H TON
Date _ COUNTY�pT�RN O