10th Amendment 01/20/2016 TENTH AMENDMENT TO
INTERLOCAL AGREEMENT
FOR THE
CUDJOE REGIONAL WASTEWATER SYSTEM
THIS TENTH AMENDMENT TO INTERLOCAL AGREEMENT is entered into
this '2°°±4n day of January 2016, 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
Summcrland/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
10th 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 April 15, 2015, the Board of County Commissioners approved a Ninth
Amendment to the ILA, in order to add $7.1 million for design and construction of a deep
injection well at the Cudjoe Regional Wastewater Treatment Plant; and
WHEREAS, on June 10,2015, the Board of County Commissioners approved expansion of
the Cudjoe Regional Wastewater System to include forty-two (42) additional properties on No Name
Key, fifty-seven (57) additional properties on Middle and Big Torches, and 35 other additional
properties throughout the CRWS, requiring an increase in construction cost of$3.446 million; and
WHEREAS,on November 17, 2015, the Board of County Commissioners approved a policy
whereby properties whose connections were not included in the project's design should have
connections provided to their property line at project expense; and
WHEREAS, the cost for these additional properties through June 30, 2015 was $2.51 million
which is included within this amendment; and
WHEREAS, as the project nears completion the payment of retainage may result in large
monthly payments to the contractors.
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:
1st Quarter 2013 $4,786,903
2nd Quarter 2013 $5,248,098
3rd Quarter 2013 $8,100,924
4th Quarter 2013 $10,420,141
1st Quarter 2014 $15,057,579
10th Amendment Cudjoe Regional ILA 2
2nd Quarter 2014 $17,097,910
3rd Quarter 2014 $15,216,755
•
4th Quarter 2014 $13,450,497
1st Quarter 2015 $12,593,114
2nd Quarter 2015 $14,694,891
3rd Quarter 2015 $18,185,222
4th Quarter 2015 $17,682,418
1st Quarter 2016 $18,000,000
2nd Quarter 2016 $17,300,000
3rd Quarter 2016 $6,800,000
4th Quarter 2016 $1,200,000
1st Quarter 2017 $700,000
TOTAL $196,534,452
The County shall advance sufficient funds to FKAA to bring the advance level to the
amount shown for each subsequent quarter. The amount advanced shall be determined by
subtracting the balance recorded as on hand by the FKAA as agreed by the County
Administrator and the Executive Director or their designees from the amount above for a
given quarter. The advance payment shall be made on the first day of the subject calendar
quarter or as may be mutually agreed by the Executive Director and the County
Administrator or their respective designees. Should FKAA payment requirements exceed
the forecast levels, the County Administrator or his designee and Executive Director or
designee may agree to modify the quarterly advance totals shown above to meet revised
forecasted needs, however, the total will not be revised without BOCC approval.
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 April 15, 2015 not inconsistent herewith shall remain
in full force and effect.
4. This Agreement will take effect on the'"day of January 2016.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
-ex v. BOARD OF COUNTY COMMISSIONERS
.,- • •r ILIN, CLERK OF MONROE COUNTY, FLORIDA
a �
. 1 .ti . .! �s _1. ' By:
Deputy Clerk M or/C airperson
(S' • L) THE FLORID KEYS AQUEDUCT
/j AU ORITY
Atte t: // /" _
4 lA471 l�C -c' Y By:
1, Clerk 0 Kir . t ch, Executive Director
MONROE COUNTY ATTORNEY
APROV AS JO/¢Offl 4
10th Amendment Cudjoe Regional ILA 3 C NTHIA L. HALL
ASSISTA T COUNTY ATTORNEY
Date.. _— _l_-t 1 - g-D 64