1st Amendment 07/15/2009
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
August 6, 2009
TO:
Judy Clarke, Director
of Engineering Services
Pamela G. HanC~c.
FROM:
At the July 15, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the First Amendment to the Interlocal Agreement (ILA)
dated September. 20, 2006 between Monroe County and Florida Keys Aqueduct Authority
(FKAA) for the County to provide funding for the Duck Key Regional Wastewater System.
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
FIRST AMENDMENT TO
INTERLOCAL AGREEMENT
FOR THE
CONCH KEY/DUCK KEY REGIONAL WASTEWATER SYSTEM
THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT is entered into this
15th day of July, 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 dated as of September 6, 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 e owned
Monroe County; and
WHEREAS, on September 20, 2006, the County and the FKAA entered into an interlocal
agreement 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 (A WT) standards to serve the residents and business in the Conch KeylDuck Key
Wastewater Service District; and
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, the County and the FKAA desire to establish their responsibilities and rights in
carrying out the Duck Key Project, including, but not limited to, ownership of various system
components and respective percentage of funding responsibilities; now therefore
IN CONSIDERATION of the mutual consideration and premises set forth below, the
parties agree as follows:
1. Section 1, COUNTY FUNDING, of the interlocal agreement dated September 20, 2006
(IIA) shall be amended to read:
1. COUNTY FUNDING OF COUNTY-OWNED SEGMENTS OF PROJECT:
A. The County shall appropriate through resolution of the BOCC, from any lawfully
available source, those funds which have been duly approved for the estimated costs of
administration, planning and construction of the County-owned segments of the Duck Key Project
and the acquisition of the capacity at the treatment plant to provide advanced wastewater treatment
for Conch Key and Duck Key, to the FKAA, which shall not exceed Five Million One Hundred
Thousand Dollars ($5,100,000), unless that amount is changed by amendment to this agreement. As
the project progresses, and estimates are altered to reflect a combination of actual costs incurred and
changes in pricing due to contracts resulting from bid processes, and other changed conditions, the
FKAA shall provide such information to the County. The County shall, at such time as sufficient
1 st Amend Duck Key ILA 1
funding has been identified to pay for the construction of the collection systems on Duck Key, notify
FKAA so that an amendment can be entered for the necessary additional funding to be provided for
that segment of the project. This Agreement shall be modified as necessary to reflect such changes
in estimates in order to provide for adequate funding to be available for the timely and efficient
construction of the County-owned segments of the project.
B. Ownership Interest.
(i) The County shall own those portions of the project for which it provides funding. The
funding described above shall pay the costs of the collection system, which the County shall own
and which shall be subject to the Master Lease dated September 6, 2005, as amended, and capacity
for 900 EDUs of Conch Key and Duck Key in the treatment plant acquired by FKAA.
(ii) FKAA shall retain ownership of the upgraded treatment plant, less the capacity acquired
by County, and shall be the Lessee of the collection system, as set forth in the Master Lease.
2. Section 2, PROJECT, of the ILA shall be amended to read:
2. For purposes of ownership, lease for operations, and funding, the Project shall be divided
into segments, those which are owned by the County and leased to the FKAA for purposes of
construction, maintenance and operations, and those which are owned by the FKAA.
A. The County shall own, and lease to FKAA, the following:
Collection Systems on Duck Key
Capacity in Duck Key Regional Treatment Plant for EDU's on Conch Key
and Duck Key
B. The FKAA shall own the following:
Duck Key Regional Treatment Plant
Conch Key Collection System
3. Section 2, EXPENDITURE OF FUNDS, of the ILA shall be renumbered as Section 3, and
amended to read as follows:
3. EXPENDITURE OF FUNDS. The FKAA shall initially be funded in the amount of One
Million Five Hundred Thousand Dollars ($1,500,000) for the administration, planning and
construction of the County-owned segments of the Duck Key wastewater project. Thereafter, during
the course of the project, the FKAA may request reimbursement for payments made by FKAA upon
submission of documentation of previous expenditures from the One Million Five Hundreed
Thousand Dollars ($1,500,000) until the total amount allocated by the County is exhausted. The
FKAA shall submit this documentation to the County Senior Administrator, Sewer Projects
(hereafter designated as the CSA) describing the services performed and stating for which
wastewater district for which the funds were expended. The submission must be in a form
satisfactory to the CSA and Clerk of the Circuit Court (Clerk). If the CSA approves the submission
she shall forward the same to the Clerk. If the CSA or the Clerk determine that the submission is
unacceptable, either of them shall return it to the FKAA in writing with a written description of the
deficiency(ies ).
4. The remaining sections of the ILA shall be renumbered.
5. All other provisions of the ILA dated September 20, 2006, for the Conch KeylDuck Key Regional
Wastewater System not inconsistent herewith shall remain in full force and effect.
1 st Amend Duck Key ILA 2
6. EFFECTIVE DATE. This Agreement will take effect on July 15, 2009.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
(SEAL)
Danny L..
By: G
Deputy Cler
BOARD OF COUNTY COMMISSIONERS
OF M~OE COUNTY, FWRlDA
By:P&#r~ ~4 ';r)~,~
Mayor/Chairperson
NtONROE COUNTY ATTORNEY
F
ZANNE A. H TTON
G':J,~$~1
THE FLORIDA KEYS AQUEDUCT AUTHORITY
~:AL) ~. C R~r
Chairman
1 st Amend Duck Key ILA
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