#1st Amendment 04/16/2008FK"A
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: May 14, 2008
TO: Dave Koppel, County Engineer
Engineering Division
FROM: Pamela G. Ha
Deputy Clerk ti
At the April 16, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Amendment to the September 20, 2006 Interlocal
Agreement to expand the Summerland /Cudjoe /Sugarloaf Regional Wastewater System to cover
design for Big Pine Key through Ramrod Key and Lower Sugarloaf.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File ✓
INTERLOCAL AGREEMENT
AMENDMENT
FOR THE
SUMMERLAND /CUDJOE/UPPER SUGARLOAF REGIONAL WASTEWATER SYSTEM
TO BE EXPANDED TO COVER DESIGN FOR
BIG PINE KEY THROUGH RAMROD KEY AND LOWER SUGARLOAF
THIS AMENDMENT TO INTERLOCAL AGREEMENT is entered into 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, on September 20, 2006, the parties entered into an inter -local agreement (ILA)
for the purpose of funding the costs associated with the administration, planning and development of
a regional wastewater project; and
WHEREAS, the timing, costs of construction and operation of the system, permitting and
land acquisition issues, and funding availability contemplated for this project and future projects to
be conducted by the parties pursuant to a September 6, 2005 ILA and September 2005 Master Lease
have been impacted by a variety of factors during the interim; and
WHEREAS, it is estimated that the acquisition of land and permitting for a treatment plant
on Big Pine Key may exacerbate delays in completing a project for that area; and
WHEREAS, combining three proposed regional systems into one is expected to produce
over $11,000,000 in savings for capital costs as well as produce more cost - effective operations after
the required connections are made thereto; and
WHEREAS, it is anticipated that obtaining a design to incorporate Big Pine, Ramrod and
Lower Sugarloaf with the Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System will
provide sufficient cost savings information with which to make the final determination to build one
regional plant, which would be a subject of another amendment to this ILA; now, therefore
IN CONSIDERATION of the mutual consideration and promises set forth below, the parties agree
as follows:
1. Paragraph 1, County Funding, of the ILA dated September 20, 2006, for the
Summerland /Cudjoe/Upper Sugarloaf Regional Wastewater System shall be amended by adding the
following sentences:
The County shall appropriate from any lawfully available source, a sum not to exceed
$4,500,000 for the design to add to the Summerland /Cudjoe/upper Sugarloaf Regional
Wastewater System necessary collection systems to accommodate from Big Pine Key to
Lower Sugarloaf, to be paid to the FKAA. These funds are additional to the dollars set forth
in the original inter -local agreement dated September 20, 2006. The amount of the funding
may be changed by written amendment to this Agreement approved by the parties.
2. Paragraph 2, Project, Paragraph 1, County Funding, of the ILA dated September 20, 2006, for
the Summerland /Cudjoe/Upper Sugarloaf Regional Wastewater System shall be amended by adding
the following sentences:
The Project shall include design and cost estimates to expand the Summerland/Cudjoe/Upper
Sugarloaf Regional Wastewater System to encompass Big Pine Key through Lower
Sugarloaf. The Parties will amend the original ILA dated September 20, 2006, to include
planning and construction of those components of the expanded design to be incorporated
into the Final Project.
3. Paragraph 2, Expenditure of Funds, of the ILA dated September 20, 2006, shall be re-
numbered to Paragraph 3.
4. The numbers of all remaining paragraphs of the ILA dated September 20, 2006, shall be
amended to run consecutively from the paragraph above.
5. All other provisions of the ILA dated September 20, 2006, for the
Summerland /Cudjoe/Upper Sugarloaf Regional Wastewater System, not inconsistent herewith shall
remain in full force and effect.
6. This Agreement will take effect on the 144* day of 2008.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
FLORIDA KEYS
KEY WEST, FLC
M
Ja -C. Reynolds, f Executive Director
DATE
i
APPROVED AS TO FO
BY:
Kirk C. Zu c
FKAA Ge al Counsel
Date:
BOARD OF COUNTY COMMISSIONE]
OF MONRO LINTY, FLORIDA
BY:
Mayor Cbhrles "Sonny" McCoy
APR 1 6 2008
DATE na
ATTEST: �, > p
D KO E, CLE _ -`
B r- r
A PR 1 6 2008
T . .
DATE - r, o
APPROVED AS TO FORM
BY:
ne A. Hutton
County At or y
Date: jr
FKAA Board Approved April 24, 2008