3rd Amendment 08/18/2010DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: November 15, 2010
TO: Elizabeth Wood, Senior Administrator
Sewer Projects
FROM: Pamela G. Hanc ck, C.
At the August 18, 2010, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of Third Amendment to Interlocal Agreement (ILA) with the
Florida Keys Aqueduct Authority (FKAA) dated September 20, 2006 and previously amended on
July 15, 2009 and February 17, 2010 for the County to provide $8,800,000 funding for
construction of the collection system portion of 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 ✓
THIRD AMENDMENT TO
INTERLOCAL AGREEMENT
FOR THE
CONCH KEY/DUCK KEY REGIONAL WASTEWATER SYSTEM
THIS THIRD AMENDMENT TO INTERLOCAL AGREEMENT is entered into
this 18th day of August, 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 (AWT) standards to serve the residents and business in the
Conch Key/Duck 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 collection system segment of 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, on February 17, 2010 the County and the FKAA amended the interlocal
Agreement to increase funding to Six Million Six Hundred Thousand Dollars ($6,600,000) to
fund construction of the wastewater treatment plant upgrades; and
WHEREAS, the Parties find it appropriate and beneficial to increase the initial funding
to the FKAA to address funding for the collection system; now therefore
IN CONSIDERATION of the mutual consideration and premises set forth below, the
parties agree as follows:
3rd Amend Duck Key ILA 1
1. Section 1, COUNTY FUNDING, Paragraph A, of the interlocal agreement (ILA) dated
September 20, 2006 , as amended July 15, 2009 and February 17, 2010 shall be amended to
read:
1. COUNTY FUNDING OF COUNTY -OWNED SEGMENTS OF PROJECT:
A. The County shall pay to the FKAA, subject to annual appropriation from any lawfully
available source, an amount not to exceed Fifteen Million Four Hundred Thousand Dollars
($15,400,000) for the estimated cost of administration, planning, and construction of the
County -owned segments of the Duck Key Project, including the acquisition of the capacity at
the treatment plant to provide advanced wastewater treatment for Conch Key and Duck Key and
the collection system for Duck Key. FKAA shall provide changes in estimates to Monroe
County following bid selection. The County will consider such changes in estimates, but makes
no commitment to fund the project in excess of the amount stated herein.
2. Section 3, EXPENDITURE OF FUNDS, of the interlocal agreement (ILA) dated September
20, 2006, as amended July 15, 2009 and February 17, 2010 shall be amended to read:
3. EXPENDITURE OF FUNDS.
A. For application solely to the County's interest in the treatment plant included in
Section 2, PROJECT, paragraph A, of the ILA as previously amended, 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.
B. For application solely to the collection systems included in Section 2, PROJECT,
paragraph A, of the ILA as previously amended, the FKAA shall initially be authorized to be
funded in the amount of Five Million Dollars ($5,000,000.00) for construction and engineering
services during construction of the collection system. Initial payment of One Million Five
Hundred Thousand Dollars ($1,500,000) will be made following receipt of Conformed
Documents and Notice to Proceed.
Thereafter, during the course of the project, and subject to annual appropriation by the County,
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
Fifteen Million Four Hundred Thousand Dollars ($15,400,000) allocated by the County is
exhausted.
The FKAA shall submit 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).
3. All other provisions of the ILA dated September 20, 2006, as amended on July 15, 2009 and
February 17, 2010, for the Conch Key/Duck Key Regional Wastewater System, not inconsistent
3rd Amend Duck Key ILA 2
herewith shall remain in full force and effect.
4. EFFECTIVE DATE. This Agreement will take effect on August 18, 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
E .B e
Mayor ha'
son
Danny L. Kolhage, Clerk
By:
Deputy Clerk
(SEAL)
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Clerk C
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3rd Amend Duck Key ILA 3