3rd Amendment 07/21/2010
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
August 30, 2010
TO:
Elizabeth Wood, Senior Administrator
Sewer Projects
Pamela G. HanCO~c.
FROM:
At the July 21, 2010, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of the Third Amendment to Interlocal Agreement for the Big
Coppitt Regional Wastewater System with Florida Keys Aqueduct Authority.
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 I
THIRD AMENDMENT TO
INTERLOCAL AGREEMENT
FOR THE
BIG COPPI1T REGIONAL WASTEWATER SYSTEM
TWS THIRD AMENDMENT TO INTERLOCAL AGREEMENT is entered into the
16th day of June, 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, on June 21, 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, on November 14, 2007, that ILA was amended to recognize the County's
authority to seek State Revolving Loan Funds (SRF) and specified that proceeds of such loans would
be applied to the Big Coppitt project; and
WHEREAS, on February, 2009, that ILA was amended to clarify that the lLA restriction of
SRF to the Big Coppitt project was a function of time and that funds received pursuant to
applications in 2009 or later may be applied to other wastewater projects
WHEREAS, it is desired to amend the lLA to provide for the additional funding required to
complete the capital project; 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 Inter-local Agreement (ILA) dated June 21, 2006, , as
previously amended, for the Big Coppitt Regional Wastewater System shall be amended to read as
follows:
1. The County shall immediately appropriate from any lawfully available source, those
funds which have been duly approved for the estimated costs of administration,
planning and construction of the Big Coppitt Regional Wastewater Project, to the
FKAA, which shall not exceed Thirty Seven Million Dollars ($37,000,000.00). These
funds include the Five Million Dollars ($5,000,000.00) already authorized under
Resolution No. 199-2006, unless that amount is changed by amendment to this
agreement. Municipal Service Taxing Unit ad valorem tax proceeds collected by
County shall be provided to FKAA as part of the funding under this Agreement and
shall be disbursed as described in Paragraph 3 below. Before such disbursement,
County may deduct its cost of administration and professional costs from the MSTU
funds collected. 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. This Agreement shall be modified as necessary to reflect
such changes in estimates in order to provide for adequate funding to be available for
Big Coppitt 3d Amend
1
the timely and efficient construction of the project. The amount of the funding may be
changed by written amendment to this Agreement approved by the parties.
2. All other provisions of the lLA dated June 21, 2006, for the Big Coppitt Regional
Wastewater System, as previously amended, not inconsistent herewith, shall remain in full force and
effect.
3. This Third Amendment to Agreement shall take effect retroactively in order to reimburse for
FKAA expenditures above the previously approved Thirty-Five Million Dollars ($35,000,000).
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
FKAA Board Approved:/l 22/2010
FLORIDA KEYS AQU AUTHORITY BOARD OF COUNTY COMMISSIONERS
KEY WEST, E OF MONROE COUNTY, FLORIDA
JUl 2 1 20tO
DATE
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APPROVED AS TO FORM
APPROVED AS TO FORM
BY:
~anne A. utton .-
Coun7 Attorney
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