5th Amendment 11/20/2012 DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: December 11, 2012
TO: Jerry Barnett, Director
Project Management
ATTN: Johnnie Yongue
FROM: Pamela G. Han IV D.C.
At the November 20, 2012, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Item F22 5th Amendment to the Conch Key /Duck Key
Interlocal Agreement to add the advance of the sum $3,900,000 for construction of County
owned segments of the Duck Key Wastewater Project.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you
have any questions, please feel free to contact me.
cc: County Attorney
Finance
File If
FIFTH AMENDMENT TO
INTERLOCAL AGREEMENT
FOR THE
CONCH KEY/DUCK KEY REGIONAL WASTEWATER SYSTEM
THIS FIFTH AMENDMENT TO INTERLOCAL AGREEMENT is entered into this
17th day of October, 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, 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, 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, on August 18, 2010, the County and the FKAA amended the interlocal
Agreement to increase funding to a total of Fifteen Million Four Hundred Thousand Dollars
($15,400,000) to fund construction of the wastewater treatment plant upgrades; and
WHEREAS, on August 15, 2012, the County and the FKAA amended the interlocal
Agreement with a Fourth Amendment to increase advance funding in an additional amount of One
Million Dollars ($1,000,000), for a total advance of Four Million Dollars ($4,000,000); and
WHEREAS, the remainder of the project shows an estimated cash outflow through the 4
Quarter of 2012 of approximately One Million Nine Hundred Thousand Dollars ($1,900,000), and
approximately Two Million Dollars ($2,000,000) for the l Quarter of 2013 through the end of the
project; and
WHEREAS, additional funding is necessary to continue the project; and
5th Amend Duck Key ILA 1
•
WHEREAS, up to the time of this Fifth Amendment, the parties have maintained the
previously authorized advances by the County reimbursing the FKAA upon receipt of proper
invoices and documentation of project expenditures; and
WHEREAS, upon the receipt of the remaining Three Million Nine Hundred Thousand
Dollars ($3,900,000) advance to be authorized under this Fifth Amendment, it will no longer be
necessary to rebuild or re -fund the advances by making reimbursements, but will become a function
of applying the expenditures against the cumulative total of the advances made by County to the
FKAA; now therefore
IN CONSIDERATION of the mutual consideration and premises set forth below, the
parties agree as follows:
1. Section 1, COUNTY FUNDING OF COUNTY -OWNED SEGMENTS OF PROJECT, of
the interlocal agreement (ILA) dated September 20, 2006 , as amended July 15, 2009, February 17,
2010, August 18, 2010, and August 15, 2012, shall be amended by adding to Subsection A the
following paragraph:
The County shall pay to the FKAA, after receipt of an invoice from the FKAA and no later
than December 15, 2012, an advance of the sum of Three Million Nine Hundred Thousand
dollars ($3,900,000.00) for construction of County-owned segments of the Duck Key
wastewater project. Effective the date of this agreement, all documentation from FKAA in
support of the expenditures paid on the Duck Key wastewater project with the advances
made by the County shall be applied against the advances, and no reimbursements shall
occur without a written change to this agreement executed by both parties.
2. All other provisions of the ILA dated September 20, 2006, as amended on July 15, 2009,
February 17, 2010, August 18, 2010, and August 15, 2012, for the Conch Key/Duck Key Regional
Wastewater System not inconsistent herewith shall remain in full force and effect.
3: EFFECTIVE DATE. This Agreement will take effect on November 20, 2012.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals th day and gar
first above written.
•
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(SEAL) BOARD OF COUNTY COMMISSION c�
ATTEST: Hsmtyl. Kelbage OF M OE COUN , FLORIDA = o
AMY IL , erk Ad terim L
B . By
Z4 dta. �F! -' -
Y 1 a rn
Deputy Clerk Mayor /Chairperson o 0
n
(SEAL) FLORIDA YS AQUEDUCT AUTHORITY r✓
ATTEST: • • /
By: 44—"A Kirk : , Executive Ih - or
Clerk
FRAA Board Approved: MONROE .,. ORNEY
11 / 28 / 12 ; •, •: • FORkt
5th Amend Duck Key ILA 2 • - pp A ` E z - • '�
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