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HomeMy WebLinkAboutItem J2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 17,2010 Division: Countv Administrator Bulk Item: Yes No~ Department: Wastewater Staff Contact PersonlPhone #: Judv Clarke X4329 AGENDA ITEM WORDING: Approval of second amendment to Interlocal Agreement (ILA) dated September 20,2006 and amended July 15,2009, with Florida Keys Aqueduct Authority (FKAA) for the County to provide funding for the Duck Key Regional Wastewater System. ITEM BACKGROUND: The BOCC authorized $5,100,000 to fund construction to expand and upgrade the Duck Key treatment plant on July 15,2009. Amendment no. 2 to the ILA clarifies that the $5,100,000 authorization is in addition to the $1,500,000 previously authorized to fund planning and design of the treatment plant and collection system. PREVIOUS RELEVANT BOCC ACTION: BOCC approved the ILA with FKAA for the Duck Key wastewater system on September 6, 2006; BOCC approved the first amendment to the ILA with FKAA for Duck Key wastewater system on July 15,2009. CONTRACT/AGREEMENT CHANGES: Clarifies the total amount of funding authorized to date and identifies ownership of the system. STAFF RECOMMENDATIONS: Approval of Amendment no. 2 as stated above. TOTAL COST: $5,100,000 INDIRECT COST: n/a BUDGETED: Yes ~No DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: $5.100,000 SOURCE OF FUNDS: Capital Proiect Fund 304 REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMBIPurchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 7/09 SECOND AMENDMENT TO INTERLOCAL AGREEMENT FOR THE CONCH KEY/DUCK KEY REGIONAL W ASTEW A TER SYSTEM THIS SECOND AMENDMENT TO INTERLOCAL AGREEMENT is entered into this 17th day of February, 2010, 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, Inc., 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 (A WT) standards to serve the residents and business in the Conch Key/Duck Key Wastewater Service District; and WHEREAS, FKAA has acquired a treatment plant on Duck Key for purposes of upgrade and expansion to provide A WT to the area encompassing Duck Key, Indies Island, and Conch Key, and has initiated design and other services to commence the Duck Key Project; and WHEREAS, the County and the FKAA desire to establish their responsibilities and rights in carrying out the Duck Key Project, including, but not limited to, ownership of various system components and respective percentage of funding responsibilities; 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, it is necessary to further clarify the EDUs to be served by expansion of the treatment plant and to increase funding for the County's share of the upgrade as well as the increase in capacity in order to complete the treatment plant segment of the Duck Key Regional Wastewater system; now therefore IN CONSIDERATION of the mutual consideration and premises set forth below, the parties agree as follows: 1. Section 1, COUNTY FUNDING, ofthe interlocal agreement (lLA) dated September 20, 2006 and amended July 15, 2009 shall be amended to read: 2nd Amend Duck Key ILA 1 1. COUNTY FUNDING OF COUNTY-OWNED SEGMENTS OF PROJECT: A. The County shall immediately appropriate through resolution of the BOCC, from any lawfully available source, those funds which have been duly approved for the estimated costs of administration, planning and construction of the County-owned segments of the Duck Key Project and the acquisition of the capacity at the treatment plant to provide advanced wastewater treatment for Conch Key and Duck Key, to the FKAA, which shall not exceed Six Million Six Hundred Thousand Dollars ($6,600,000), unless that amount is changed by amendment to this agreement. As the project progresses, and estimates are altered to reflect a combination of actual costs incurred and changes in pricing due to contracts resulting from bid processes, and other changed conditions, the FKAA shall provide such information to the County. The County shall, at such time as sufficient funding has been identified to pay for the construction of the collection systems on Duck Key, notify FKAA so that an amendment can be entered for the necessary additional funding to be provided for that segment of the project. This Agreement shall be modified as necessary to reflect such changes in estimates in order to provide for adequate funding to be available for the timely and efficient construction of the County~owned segments of the project. B. Ownership Interest. , (i) The County shall own those portions of the project for which it provides funding. The funding described above shall pay the costs of the collection system, which the County shall own and which shall be subject to the Master Lease dated September 6, 2005, as amended, and capacity for 771 EDUs of Conch Key and Duck Key in the treatment plant acquired by FKAA. (ii) FKAA shall retain ownership of the upgraded treatmeQ,t plant, less the capacity acquired by County, and shall be the Lessee of the collection system, as set forth in the Master Lease. 2. Section 2, EXPENDITURE OF FUNDS, of the original ILA, renumbered as Section 3 in the amendment of July 15,2009, shall be amended to read as follows: 3. EXPENDITURE OF FUNDS. The FKAA shall initially be funded in the amount of One Million Five Hundred Thousand Dollars ($1,500,000) for the administration, planning and construction of the County-owned segments of the Duck Key wastewater project. Thereafter, during the course of the project, the FKAA may request reimbursement for payments made by FKAA upon submission of documentation of previous expenditures from prior advance payments until the total amount of Six Million Six Hundred Thousand Dollars ($6,600,000) allocated by the County is exhausted. The FKAA shall submit this documentation to the County Senior Administrator, Sewer Projects (hereafter designated as the CSA) describing the services performed and stating for which wastewater district for which the funds were expended. The submission must be in a form satisfactory to the CSA and Clerk of the Circuit Court (Clerk). If the CSA approves the submission she shall forward the same to the Clerk, If the CSA or the Clerk determine that the submission is unacceptable, either of them shall return it to the FKAA in writing with a written description of the deficiency(ies). 2nd Amend Duck Key ILA 2 4, All other provisions of the ILA dated September 20,2006, as amended on July 15, 2009, for the Conch KeylDuck Key Regional Wastewater System not inconsistent herewith shall remain in full force and effect. 5. EFFECTIVE DATE. This Agreement will take effect on February 17,2010. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairperson (SEAL) Danny L. Kolhage, Clerk By: Deputy Clerk THE FLORIDA KEYS AQUEDUCT AUTHORITY (SEAL) By: Executive Director Clerk ATIEST: 2nd Amend Duck Key ILA 3