#9th Amendment 04/15/2015AMY NEAVILIN, CPA
CLERK OF CIRCUR COURT 8 COMPfltOLLER
MorxoE commr, FLORIDA
DATE. April 24, 2015
TO: Kevin Wilson
Director of Engineering
ATTN. Pamela Hancock
FROM: Lindsey Ballard, D. C-*
At the April 15, 2015 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item C1 Amendment 9 to the Cudjoe regional ILA with FKAA to add $7.1
million of additional funding for construction of a deep injection well. Funding will come from a
combination of Mayfield wastewater grants and infrastructure sales taxes.
.Enclosed is a duplicate original executed on behalf of Monroe County, for your handling. Should you
have any questions, please feel free to contact me.
CC: County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 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
NINTH AMENDMENT TO
INTERLOCAL AGREEMENT
FOR THE
CUDJOE REGIONAL WASTEWATER SYSTEM
THIS NINTH AMENDMENT TO INTERLOCAL AGREEMENT is entered into
this JS +t, day of April 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 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
91h 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 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 from grinder
pumps to gravity system for certain designated properties within the Cudjoe Regional
Wastewater System Inner Islands and Outer; and
WHEREAS, on January 21, 2015, the Board of County Commissioners approved an
Eighth Amendment to the ILA in order to modify the draw schedule from the FKAA, to address
revised projected needs through the end of calendar year 2016; and
WHEREAS, on March 25, 2015, the Board of Directors of FKAA requested funding
from the Monroe County Commission to construct a deep injection well at the Cudjoe Regional
Wastewater Treatment Plant.
NOW THEREFORE, IN CONSIDERATION of the mutual consideration and
premises 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 interlocal
agreement dated September 20, 2006 (ILA), as amended, is removed and replaced
with the following:
(A) The forecasted needs for the Cudjoe project are as follows:
I A quarter 2013
$
4,786,903
2 °d quarter 2013
$
5,248,098
3` quarter 2013
$
8,100,924
0 quarter 2013
$
10,420,141
1 quarter 2014
$
15,057,579
2 "d quarter 2014
$
17,097,910
3" quarter 2014
$
15,548,446
4th quarter 2014
$
14,000,000
1 quarter 2015
$
16,000,000
Zed quarter 2015
$
17,000,000
3` quarter 2015
$
17,000,000
4 th quarter 2015
$
15,000,000
I A quarter 2016
$
12,000,000
9 1h Amendment Cudjoe Regional ILA
2
2 quarter 2016
$ 10,000,000
3 quarter 2016
$ 7,000,000
4` quarter 2016
$ 4,500,000
I quarter 2017
$ 1,790,000
Total
$ 190,550,000
Upon presentation of proper invoices for completed work, the County shall advance
sufficient funds to FKAA to bring the advance level to the amount shown for each
subsequent quarter.
2. 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, October
17, 2012, November 20, 2013, and January 21, 2015 not inconsistent herewith shall
remain in full force and effect.
4. This Agreement will take effect on thetl %d day of April 2015.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL) ,
AMY HEAVILIN, CLERK
J.
` Y
By-
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: T 9 *01-�
'fvlayaiChairperson
(SEAL) THE FLORIDA KEYS AQUEDUCT
AUTHORITY
Attest:
«.
By: By: CL.O."
Clerk kirk C. e5w, Executive Director
9 Amendment Cudjoe Regional ILA
MONROE COUNTY ATTORNEY
PROVE
ASSTS ANT C OUNT ¢ATTORNEY
pate