2nd Amendment 02/17/2010
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
March 17,2010
TO:
Judy Clarke
Engineering Department
Pamela G. Han~.
FROM:
At the February 17, 2010, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of the Second Amedment to Interlocal Agreement (ILA) dated
September 20, 2006 and amended July 15, 2009, with the 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 via e-mail
Finance
File ./
SECOND AMENDMENT TO
INTERLOCAL AGREEMENT
FOR THE
CONCH KEYIDUCK KEY REGIONAL WASTEWATER SYSTEM
THIS SECOND AMENDMENT TO INTERLOCAL AGREEMENT is entered into
this 17th day of February, 2010, 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 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 Wf) standards to serve the residents and business in the
Conch Key/Duck Key Wastewater Service District; and
WHEREAS, FKAA has acquired a treatment pIant on Duck Key for purposes of upgrade
and expansion to provide A Wf 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; and
WHEREAS, on July 15, 2009 the County and FKAA amended the interlocal agreement
to increase funding to Five Million One Hundred Thousand Dollars ($5,100,000) to fund
construction of the wastewater treatment plant upgrades and to identify ownership of segments
of the project; and
WHEREAS, it is necessary to further clarify the EDUs to be served by expansion of the
treatment plant and to increase funding for the County's share of the upgrade as well as the
increase in capacity in order to complete the treatment plant segment of the Duck Key Regional
Wastewater system; 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 (ILA) dated September 20,
2006 and amended July 15, 2009 shall be amended to read:
2nd Amend Duck Key ILA
1
1. COUNTY FUNDING OF COUNTY-OWNED SEGMENTS OF PROJECT:
A. The County shall immediately appropriate through resolution of the HOCC, 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 Six
Million Six Hundred Thousand Dollars ($6,600,000), 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 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 771 EDDs 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, EXPENDITURE OF FUNDS, of the original ILA, renumbered as Section 3
in the amendment of July 15, 2009, shall be 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 prior advance
payments until the total amount of Six Million Six Hundred Thousand Dollars ($6,600,000)
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).
2nd Amend Duck Key lLA
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4. All other provisions of the ILA dated September 20, 2006, as amended on July 15, 2009, for
the Conch KeylDuck Key Regional Wastewater System not inconsistent herewith shall remain
in full force and effect.
5. EFFECTIVE DATE. This Agreement will take effect on February 17, 2010.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: ~~ ~,
MayOr- ha~n
Execu ·
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ATTEST: 9 /) , ~
C~ ~
Clerk
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FKAA Board Approved: February 25, 2010
2nd Amend Duck Key lLA
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