#7th Amendment 11/20/2013 HEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
• * � MONROE COUNTY,FLORIDA
DATE: December30, 2013
TO: Judy Clarke, PE
Director of Engineering
ATTN: Breanne Erickson
FROM: Vitia Fernandez, D.
At the November 20, 2013, Board o County Commissioner's meeting the Board granted approval and
authorized execution of Item G46 7th Amendment to the Cudjoe Regional Interlocal Agreement to
increase funds by a total of $20 million to $170 million, to address two Change Orders approved in
October 2013 and also as a result of the change from grinder to gravity technology approved
at the October BOCC meeting.
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 (electronic copy)
Finance (electronic copy)
File
500 Whitehead Street State 101,PO Box 1980,Key West,FL 33090 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
•
SEVENTH AMENDMENT TO
INTERLOCAL AGREEMENT
FOR THE
CUDJOE REGIONAL WASTEWATER SYSTEM
S SEVENTH AMENDMENT TO INTERLOCAL AGREEMENT is entered into
this00/Pday of November 2013,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 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
Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System;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
(EXPANDED) 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,on April 18,2012,the BOCC approved a Fourth Amendment to provide the
funding needed for bid preparation related to the Cudjoe Regional Wastewater System project;
and
WHEREAS, on August 15, 2012, the BOCC approved a Fifth Amendment in order to
increase funding by authorizing payment of an advance to the FKAA, no later than September
15,2012, for the sum of nine hundred fifty thousand dollars($950,000)for planning,design and
7th Amendment Cudjoe Regional ILA 1
contracting for the Cudjoe Regional Wastewater System project,bring the total advance paid for
the third and fourth quarters of 2012 to one million four hundred fifty thousand dollars
($1,450,000) and leaving remaining projected costs at one hundred forty-eight million five
hundred fifty thousand dollars($148,550,000);and
WHEREAS,on October 17, 2012,the BOCC approved a Sixth Amendment to the ILA,
which added sub-sections (A), (B), (C) and (D) to Section 1 of the ILA in order to specify a
schedule for quarterly advance payments for the treatment plant, inner island project, and outer
island project beginning with the first quarter of 2013 and ending with the fourth quarter of 2015;
and
WHEREAS,on October 16,2013,the Board of County Commissioners approved FICAA
Project # 4053-12 Change Order #3 for the Outer Island Collection & Transmission System,
FKAA Project #4051-12 Change Order #3 for the Cudjoe Regional Treatment Plant, and a
design change from grinder pumps to gravity system for certain designated properties within the
Cudjoe Regional Wastewater System Inner Islands and Outer;and
WHEREAS,it is now necessary to amend the ILA to reflect the changes approved by the
Board of County Commissioners at its October 16,2013 meeting now therefore
IN CONSIDERATION of the mutual consideration and premises set forth below, the
parties agree as follows:
1. Sub-sections (A) through (F), inclusive, in Section 1, COUNTY FUNDING, of the
Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System interlocal
agreement dated September 20, 2006 (ILA), as amended, are removed and replaced
with the following sub-sections(A)through(C):
(A) Quarterly Draws: The County shall pay to the FKAA, after receipt of an
invoice from FKAA for each quarter, quarterly advances for the Cudjoe
Regional Wastewater System according to the following schedule:
1°quarter 2013 S 6,500,000
2e°quarter 2013 $ 9,500,000
3's quarter 2013 $ 7,100,000
4a quarter 2013 $ 16,500,000
l°quarter 2014 $ 18,010,000
2"a quarter 2014 $ 19,580,000
3ntl quarter 2014 $ 19,500,000
4th quarter 2014 $ 17,500,000
Is quarter 2015 $ 17,500,000
2v4 quarter 2015 $ 15,000,000
3n°quarter 2015 $ 9,550,000
41h quarter 2015 $ 3,550,000
1°quarter 2016 $ 8,760,000
Total $ 168,550,000
7th Amendment Cudjoe Regional ILA 2
(B) At least once every six months,administrative staff of the parties shall meet to
review the cash flow schedules and revise the schedules and submit to their
respective board an amendment to this agreement when necessary.
(C) The COUNTY's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Board of County
Commissioners and the approval of the Board members at the time of contract
initiation and its duration.
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,September 16,2009,April 18,2012,August 15,2012,and October 17,2012 not
inconsistent herewith shall remain in full force and effect.
4. This Agreement will take effect on the 20 h day of November 2013.
A.-- IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and
first above written.
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