#4th Amendment 04/18/2012DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: May 2, 2012
TO: Elizabeth Wood, Senior Administrator
Sewer Projects
FROM. Pamela G. Hancc�C.
At the April 18, 2012, Board of County Commissioner's meeting, the Board granted
approval of Item M5 a Fourth Amendment to Interlocal Agreement dated as of September 20,
2006, and amended April 16, 2008, August 3, 2009, and September 16, 2009, between Monroe
County and Florida Keys Aqueduct Authority, revising the nomenclature for the second and third
amendments, and providing for an additional $100,000 funding to be appropriated for the FKAA
to undergo a competitive selection process in order to get a fully executed construction contract
in effect for the Cudjoe Regional Wastewater Project by February 28, 2013. Enclosed is a
duplicate original for your handling.
Item M6 has been sent to the County Attorney's Office due to a change made after
approval by the Board of County Commissioners - Second Amendment to the Interlocal
Agreement dated as of September 6, 2005, and amended September 19, 2007, between Monroe
County and Florida Keys Aqueduct Authority, setting forth the County responsibility to secure
funding and the FKAA responsibility to construct and operate wastewater systems in the
unincorporated County, and changing the system development fee for the Cudjoe Regional
Wastewater Project to $5,700.
Should you have any questions, please do not hesitate to contact this office.
cc: County Attorney
Finance
File,/
FOURTH AMENDMENT TO
INTERLOCAL AGREEMENT
FOR THE
CUDJOE REGIONAL WASTEWATER SYSTEM
THIS FOURTH AMENDMENT TO INTERLOCAL AGREEMENT is entered into
this 18th day of April, 2012, 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 approved September 25, 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 by Monroe County; and
WHEREAS, on September 20, 2006, the County and the FKAA entered into an
interlocal agreement (ILA) 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, on April 16, 2008, the parties entered into an amendment to the
Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System ILA to expand the service
area to include Big Pine Key through Ramrod Key and Lower Sugarloaf and increase the initial
design budget by $4.5 million for a total budget of $7.5 million so that unincorporated Monroe
County projects could be ready to proceed and eligible for grant funding; and
WHEREAS, on August 3, 2009, the parties amended the agreement, naming the
amendment " INTERLOCAL AGREEMENT SECOND AMENDMENT FOR THE
(EXPANDEDO CUDJOE REGIONAL WASTEWATER SYSTEM INCLUDING BIG PINE
KEY, RAMROD KEY, SUMMERLAND KEY, CUDJOE KEY, THE TORCH KEYS (LITTLE,
MIDDLE AND BIG), AND UPPER AND LOWER SUGARLOAF KEYS," in order to expand
the project to include Onsite Sewage treatment and Disposal Systems for areas not in the Master
Plan and to expand the areas encompassed by the original agreement, as amended, to include No
Name Key and certain specified parcels on Boca Chica Key; and
WHEREAS, on September 16, 2009, the parties amended the agreement, through a
document titled "SECOND AMENDMENT TO INTERLOCAL AGREEMENT FOR THE
CUDJOE REGIONAL WASTEWATER SYSTEM," to revise County funding for the project;
and
WHEREAS, allocation of funding in HB5001, the budget passed by the State Legislature
in 2012, is predicated upon the existence of a contract by February 28, 2013, for the Cudjoe
Regional Wastewater System project, which requires additional funding to cover the costs
related to bid preparation; now therefore
IN CONSIDERATION of the mutual consideration and premises set forth below, the
parties agree as follows:
4th Amend Cudjoe Regional ILA 1
f �
1. The amendment to the interlocal agreement, adopted by the County on September 16, 2009,
and titled "SECOND AMENDMENT TO INTERLOCAL AGREEMENT FOR THE CUDJOE
REGIONAL WASTEWATER SYSTEM" shall be revised to read "THIRD AMENDMENT TO
INTERLOCAL AGREEMENT FOR THE CUDJOE REGIONAL WASTEWATER SYSTEM,"
2. Section 1, COUNTY FUNDING, of the Summerland/Cudjoe/Upper Sugarloaf Regional
Wastewater System interlocal agreement dated September 20, 2006 (ILA), as previously
amended on April 16, 2008, August 3, 2009, and September 16, 2009, shall be amended to read:
The County shall appropriate from any lawfully available source, a sum not to exceed
$3,200,000 for the preliminary design to add to the Summerland/Cudjoe Upper Sugarloaf
Regional Wastewaer System necessary collection systems to accommodate from Big Pine
Key to Lower Sugarloaf (expanded system), to be paid to the FKAA as reimbursement.
An additional sum of $100,000 shall be appropriated from any lawfully available source
for the FKAA to go through a competitive selection process in order to have a fully
executed construction contract by February 28, 2013. Additional amendment(s) will be
necessary to appropriate funds for the construction project. The amount of the funding
may be changed by written amendment to this Agreement by the parties.
3. All other provisions of the ILA dated September 20, 2006 for the
Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System, as amended April 16, 2008,
August 3, 2009, and September 16, 2009, not inconsistent herewith shall remain in full force and
effect.
4. This Agreement will take effect on the 18'' day of April, 2012. Y
IN WITNESS WHEREOF the arties hereto have set their hands and seals the da -nd
dear firove written. p y
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BOARD OF COUNTY COMMISSION14S
OF MONROE OUN, FLORIDA
By:
Mayor /Chas •person
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THE FLORIDA KEYS AQUEDUCT AUTHORITY FKAA Board Approved 4
B y: Q-
dirk C. Z 1ch, Executive Director
(SEAL)
Clerk
4th Amend Cudjoe Regional ILA 2