#8th Amendment 01/21/2015DATE: February 10, 2015
AMY NEAVILIN,
CLERK OF CIRCUR COURT & COM
MONROECOUIRY,FLORIDA
TO: Kevin Wilson
Director of Engineering
ATTN.• Breanne Erickson
FROM. • Lindsey Ballard, D. C\V
At the January 21, 2015 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item C43 Eighth Amendment to the Cudjoe Regional Interloca Agreement
increase funds by a total of $15 million to $185 million and updating the advanced payment schedule.
These changes are to become effective January 1, 2015.
Enclosed is a duplicate original executed on behalf of Monroe County, for your handling.
have any questions, please feel free to contact me.
CC: County Attorney (electronic copy)
Finance (electronic copy)
./File
you
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fa : 305 -295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fa : 305 -289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
EIGHTH AMENDMENT TO
INTERLOCAL AGREEMENT
FOR THE
CUDJOE REGIONAL WASTEWATER SYSTEM
THIS EIGHTH AMENDMENT TO INTERLOCAL AGREEMENT is ent red into
this Zlst day of January 2015, pursuant to Sec. 163.01, F.S., 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 fe eral 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, plarming and
construction of a wastewater collection system, transmission main and method of trea ment 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 tile 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 in Jude No
Name Key and certain specified parcels on Boca Chica Key; and
WHEREAS, on September 16, 2009, the parties amended the agreement, t ough 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 pr 'vide 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, de ign and
contracting for the Cudjoe Regional Wastewater System project, bring the total advance paid for
8 1h Amendment Cudjoe Regional ILA
r �
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 mil ion five
hundred fifty thousand dollars ($148,550,000); and
WHEREAS, on October 17, 2012, the BOCC approved a Sixth Amendment to he 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 November 20, 2013, the Board of County Commissioners approved a
Seventh Amendment to the ILA, in order to incorporate changes approved by the Board of
County Commissioners at its October 16, 2013 meeting, specifically, FKAA 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 fro grinder
pumps to gravity system for certain designated properties within the Cudjoe egional
Wastewater System Inner Islands and Outer; and
WHEREAS, on May 29, 2014, the County received an updated draw schedule rom the
FKAA, showing projected needs through the end of calendar year 2016 which brings the total to
$168,550,000.00; and
WHEREAS, the County has included additional gravity sewer conversions, roadwork,
commercial properties, equipment storage and associated construction management requirements
equaling an additional $14,900,000.00, bringing the revised total for the project to
$183,450,000.00; and
WHEREAS, it is the intention of the County to ensure the FKAA has sufficient funds to
support contractor payments while ensuring the amount of the advance balance ("float") is
regularly reviewed and used efficiently, so as to minimize County costs as it bo ows the
necessary sums.
NOW THEREFORE, IN CONSIDERATION of the mutual consideration and
promises set forth below, the parties agree as follows:
1. Sub- section (A) in Section 1, COUNTY FUNDING, of the
Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System I terlocal
Agreement dated September 20, 2006 (ILA), as amended, concerning t ie draw
schedule is removed and replaced with the following:
(A) The forecasted needs for the Cudjoe project are as follows:
1 St
quarter 2013
$
4,786,903
2 nd
quarter 2013
$
5,248,098
3`
quarter 2013
$
8,100,924
4
quarter 2013
$
10,420,141
1
quarter 2014
$
15,057,579
2 nd
quarter 2014
$
17,097,910
3`
quarter 2014
$
15,548,446
4
quarter 2014
$
14,000,000
8 Amendment Cudjoe Regional ILA 2
1#
1
quarter 2015
$
16,000,000
2
quarter 2015
$
17,000,000
3`
quarter 2015
$
17,000,000
4
quarter 2015
$
15,000,000
1 St
quarter 2016
$
12,000,000
2
quarter 2016
$
8,000,000
3`
quarter 2016
$
5,000,000
4
quarter 2016
$
3,190,000
Total
$ 183,450,000
Upon presentation of proper invoices for completed work, the County shall ad
sufficient funds to FKAA to bring the advance level to the amount shown for
subsequent quarter.
2. Subsection (B) in Section 1, COUNTY FUNDING, of the Summerland /Cudj e/Upper
Sugarloaf Regional Wastewater System Interlocal Agreement dated September 0, 2006
(ILA), as amended, is removed and replaced with the following:
(B) Administrative staff of the parties shall submit to their respective bards an
amendment to this Agreement when necessary.
3. All other provisions of the ILA dated September 20, 2006 or 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, October 17, 2012, and
November 20, 2013 not inconsistent herewith shall remain in full force and effect.
4. This Agreement will take effect on theist day of January 2015.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
BOARD OF COUNTY COMMISS
OF MONROE COUNTY, FLORID
By:
Kirk C. Zuel , Executive Director
(SEAL) C
ATTEST:p /�
Clerk C i
8 th Amendment Cudjoe Regional ILA
M.
ORITY FKAA Board Approved: 12/1712014
3
MONROE COUNTY TTORNEY
A ROVED AS FORM:
YNTHIA L. AL
ASSISTANT COUNT AT TORNEY
Date
THE FLORIDA KEYS AQUEJAUC(F)AUTE