Item G46BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 20, 2013 Division: PWD/Engineering
Bulk Item: Yes X No ® Department: Wastewater
Staff Contact Person/Phone #: Wilson / 8797
AGENDA ITEM WORDING: Approval of a 7"' 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 2013 BOCC meeting.
ITEM BACKGROUND: Since September 20, 2006, the County and the FKAA have entered into an
interlocal agreement (ILA) and amendments 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 Cudjoe Regional
Wastewater System. There have been a number of amendments to provide added funding as the project
has progressed, been expanded and updated. This amendment provides advance funding to complete
the project as described by changes approved by the BOCC on October 16 2013.
PREVIOUS RELEVANT BOCC ACTION: On September 20, 2006 the County and FKAA entered
into an ILA for the County to provide funding for administration, planning and construction of a
wastewater collection system. On April 16, 2008 Amendment 1 expanded the service area and
increased the initial design budget. On August 3, 2009 Amendment 2 expanded the project to include
onsite sewage treatment and disposal systems for areas not in the Master Plan and expanded the area.
On September 16, 2009 Amendment 3 revised the funding. On April 18, 2012 Amendment 4 provided
for an additional advance. On August 15, 2012 Amendment 5 provided an advance covering Oct. —
Dec. 2012. On October 17, 2012 Amendment 6 established a system to insure sufficient documentation
for expenditures to support uninterrupted construction of the project. On October 16, 2013, the
Commission approved FKAA Project #4053 -12 Change Order #3 in the amount of $6,011.140.28 for
Outer Island collection & transmission system project changes; FKAA Project #4051 -12 Change Order
#3 in the amount of $186,580.36 for changes at the treatment plant; and additional costs for the change
from gravity to grinder in certain geographic areas of the system.
CONTRACT /AGREEMENT CHANGES: Provides updates to the funding to encompass change
orders approved by the BOCC which include remote monitoring of grinder stations, an ER generator
plug on grinder stations, expansion to include Little Palm Island and Cayman Dr. additional connection
points for parcels developed after design, additional paving, change to the wastewater treatment reactor
and ash removal.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $20 million INDIRECT COST: N /A— BUDGETED: Yes X No _
DIFFERENTIAL OF LOCAL PREFERENCE: _N /A_ COST TO COUNTY: $20 million
SOURCE OF FUNDS: Fund 312 + assessments REVENUE PRODUCING: Yes No X
AMOUNT PER MONTH Year
APPROVED BY: County Atty OM/Purchasing Disk. Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM # Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
I Contract with: FKAA
Contract #
Effective Date:
Expiration Date:
November 20, 2013
N/A
Contract Purpose/Description:
Seventh amendment to ILA dated 9 -20 -2006, to provide $20 million in additional
funding for change orders and system changes approved by the BOCC on October 16,
20
Contract Manager: Kevin Wilson 8797 En ineerin 16
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 11 -20 -13
Deadline: 11 -05 -13
CONTRACT COSTS
Total Dollar Value of Contract: $ 20 million Current Year Portion: $ Z.5� Million
Budgeted? Yes® No ❑ Account Codes: - - - -
Grant: $ - - - -
County Match: $ 0 - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e g. maintenance,
utilities, janitorial, salaries, etc.
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yes❑ No❑
Risk Management � L� � ` ') Yes[ No�'�
O.M.B./Purc sing Yes[:] No❑
County Attorney Yes[:] NoQ 0 ,0 �
o
Comments:
OMB Form Revised 2/27/01 MCP #2
M
MONROE COUNTY,
PUBLIC WORKS & ENGINEERING DIVISION
DATE: 12 November 2013
TO: Commissioners CC: Administrator, County Attorney
FROM: Kevin G. Wilson
SUBJECT: Cudjoe Regional Sewer Project FKAA ILA Amendment 7
Recommendation: Approval of proposed Amendment #7 to the Interlocal Agreement dated 20
September 2006 as amended (through amendment 6 dated 17 October 2012).
Basis for Recommendation:
1. A number of project change orders have been approved by the FKAA Board and the
BOCC for unanticipated scope changes which have affected the total expected cost of
the project.
2. The BOCC has approved a number of expansions of the system boundaries.
3. Amendment 7 of the ILA provides a specific advance schedule and provides for regular
reviews and amendments to the advance schedule and the ILA as required.
Background:
The attached table summarizes the changes approved to date. The main added costs are
associated with the following changes to the scope of the project. These were not included in
the original working budget of $147 million.
1. Addition of several expanded service areas in the inner and outer islands area - $1.8
million (Change orders #1 S for the inner islands and #1 for the outer islands)
2. Expansion to full width overlay of streets that will be trenched and would have only one
lane resurfaced in the outer islands - $6 million (Change order #3 for the outer islands)
3. Addition of remote transmitters and generator plugs to the grinder pump stations - $0.9
million (Change order #3 for the .outer islands)
4. Expansion of the service area in the inner islands (July 2013) and the directional drilling
of Kemp & Bow Channels - $0.41 million (change orders # 3S & 5S for the inner islands)
5. Net change from changes to the WWTP which includes added costs for removal of
contaminated ash from the WWTP site - $0.17 million (Change order #3 for the
treatment plant)
6. Conversion of approximately 1,100 grinder properties to gravity service on Cudjoe,
Lower Sugarloaf, and Big Pine Key - $10.1 million (not yet reflected in formal change
orders).
The attached summary is more specific in the amounts for each change order. Please note that
the net added total is very close to $20 million. The original project ILA was approved to a
maximum of $150 million. Based on the bid response, we had planned for a project budget of
$147 million. After discussions with FKAA management we agreed to increase the maximum
value of the ILA by $20 million. A revised advance schedule is included in the draft Amendment
#7 which is submitted for your approval. The current amendment also removes the separation
of the advance schedule into separate amounts for each of the three projects (WWTP, Inner
Collection, and Outer Collection) since the ILA allows for funds to be used interchangeably
among the contracts to allow flexibility to cope with the variations of schedules of the
contractors.
Changes in Cudjoe Regional Project to Date
CO# JAmount Decsription
Inner
1S
$264,850
expanded areas from January 2013
2S
$16,614
Summerland connection types & added valves
3S
$231,733
expanded areas from July 2013 plus houses not developed when plan finalized
4S
$18,688
added 250 LF gravity sewer line
5S
$178,853
drill Bow & Kemp Channels
6S
- $4,400
drill savingsin lieu of trenching
Outer
1
$1,549,440
extended areas
2
$3,450,000
Niles Channel
3
$6,935,984
Transmiters, plugs, paving
W WTP
1
$25,197
larger flowmeter, flowable fill
2
$66,766
electric to door; pipe change
3
$179,155
Contaminated ash removal; BNR floor slope deleted VFR "burn -in"
Expected from BOCC actions
$10,112,827
Gravity conversions agreed at OCT BOCC meeting
tota 1
$23,025,708
NOTES:
1. Original ILA (amendment 6) is up to $150 million
2. Original budget within ILA was $147 million including Niles Channel directional drill
3. Using the above Anmendment 7 should be $150 million + $23 million(above) - $3.45 million(Niles)= $169.55 million
round to $170 million
11/12/2013
SEVENTH AMENDMENT TO
INTERLOCAL AGREEMENT
FOR THE
CUDJOE REGIONAL WASTEWATER SYSTEM
THIS SEVENTH AMENDMENT TO INTERLOCAL AGREEMENT is entered into
this day 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/ Jpper 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, SUIVIMERLAND 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
7 Amendment Cudjoe Regional ILA
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 Ieaving 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 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, 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:
I St
quarter 2013
$
6,500,000
2nd
quarter 2013
$
9,500,000
3r d
quarter 2013
$
7,100,000
4' h
quarter 2013
$
16,500,000
1
quarter 2014
$
18,010,000
2
quarter 2014
$
19,580,000
3 rd
quarter 2014
$
19,500,000
4 0 '
quarter 2014
$
17,500,000
1st
quarter 2015
$
17,500,000
2n d
quarter 2015
$
15,000,000
3
quarter 2015
$
9,550,000
4'
quarter 2015
$
3,550,000
l
quarter 2016
$
8,760,000
Total $ 168,550,000
7 a ' 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` day of November 2013.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
AMY HEAVILIN, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor /Chairperson
THE FLORIDA KEYS AQUEDUCT AUTHORITY
By:
Kirk C. Zuelch, Executive Director
(SEAL)
ATTEST:
Clerk
7 Amendment Cudjoe Regional ILA
MONROE COUNTY ATTORNEY
A ROV D AS YNTHIA L. ALL
ASSISTANT CPUNTY ATTORNEY
Date I! t -- 10 1 3
3
.
SIXTH AMENDMENT TO
INTERLOCAL AGREEMENT
FOR THE
CUDJOE REGIONAL WASTEWATER SYSTEM
THIS SIXTH AMENDMENT TO INTERLOCAL AGREEMENT is entered into this
15th day of August, 2012, 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 funning through federal and
state grants and the issuance of revenue bonds backed by the pledge of infrastructure tax; and to
provide finding 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
interlocel agreement (ILA) for the County to provide finding 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
SummerlarWCudjoe/Upper Sugarloaf Regional Wastewater System; and
WHEREAS, on April 16, 2008, the parties entered into an amendment to the
Summetland/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 finding; and
WHEREAS, an August 3, 2009, the parties amended the agreement, naming the
amendment " Dff ERLOCAL AGREEMENT SECOND AMENDMENT FOR THE
(EXPANDED) CUDJOE REGIONAL WASTEWATER SYSTEM INCLUDING BIG PINE
KEY, RAMROD KEY, SLMI ERLAND KEY, CUDJOE KEY, THE TORCH KEYS (Lrrny.,
MIDDLE AND BIG), AND UPPER AND LOWER SUGARLOAF KEYS," in order to expand
the project to include Onsite Sewage treatment and Disposal Systems for area- 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 Chic% Key; and
WHEREAS, on September 16, 2009, the parties amended the agreement, through a
document titled "SECOND AMENDMENT TO 1NTERLOCAL AGREEMENT FOR THE
CUDJOE REGIONAL WASTEWATER SYSTEM," to revise County finding for the project;
and
WHEREAS, on April 19, 2012, the BOCC approved a Fourth Amendment to provide the
funding needed for bid preparation related to the Cudjoe Regional Wastewater System project;
and
dith Amend f'Nuiinr Rwirmal tr A
J
WHEREAS, on August 15, 2012, the BOCC approved a MY& Amendment 15, i
ftinding by authorizing payment of an advance to the FKAA, no later than September
of the sum of nine hundred fifty thousand dollars ($950,000) for planning, design and cantraeftg
for the Cudjoe Regional Wastewater System pmject, bringing the total advances paid for the
third and fourth quarters of 2012 to one million four hundred fifty thousand dollars ($1,450,000)
and leaving the remaining projected costs at one hundred forty -eight million five hundred fifty
thousand dollars ($148,550,000); and
WHEREAS, the State has committed to providing Thirty Million Dollars ($30,000,000)
for funding of the Cudjoe Regional Wastewater System project comingent upon the execution of
contract(s) before March 1.2013; and
WHEREAS, the FKAA has been conducting competitive selection to award the
contract(s) for execution before that date; and
WEWMEAS, the Cudjoe Regional Wastewater System project, once commenced, will
require hop outlays of cash, more rapidly than the County's pre -audit processes can
accommodate; and
WHKRKAS, the FKAA has partnered with the County to do several wastewater projects
and, as a public entity, is committed to the same level of accountability for the expenditures on
the Cudjoe Regional Wastewater System project; and
WHEREAS, the parties need to prepare for the commencement of construction in a
manner that will assure the FKAA of constantly having sufficient funds on hand to cover the
costs of constructing the Cudjoe Regional Wastewater System project; and
WHEREAS, accountability for the expenditures on the Cudjoe Regional Wastewater
System project in the abseaee of the pre- audits normally conducted for such projects necessitates
establishment of a system to insure that sufficient documentation to support the expenditures is
created and retained in a timely manner. and
WHEREAS, it is now necessary to establish a schedule of providing fiinding to the
FKAA for the Cudjoe Regional Wastewater System project to support uninterrupted construction
of the project and a system to assure accountability; now therefore
IN CONSIDERATION of the mutual consideration and premises set forth below, the
parties agree as follows:
1. Section 1, COUNTY FUNDING, of the Summedand/Cudjoe/Upper Sugarloaf Regional
Wastewater System interlocal agmement dated September 20, 2006 (ILA). as previously
amended on April 16, 2008, August 3, 2009, September 16, 2009, April 18, 2012, and August
15, 2012, shall be amended by adding the following sub - sections (A), (B), (C). and (D):
(A)Treatment Punt Project - Cudjoe Regional Wastewater System. The County shall
pay to the FKAA, after receipt of an invoice from FKAA for each quartm quarterly
advances for the Cudjoe Regional Wastewater System Treatment Plant project
according to the following schedule:
1 'Quarter 2013 - $2,000,000
hth Amend Oidirw- Rewinnal MA 7
2n Quarter 2013 - S2,0W,000
3 rd Quarter 2013 - $3,000,000
4 Quarter 2013 - 53,00000
I Quarter 2014 - $3,000,000
2 0d Quarter 2014 - $3,000,000
3' Quarter 2014 - $2,000,000
4 1h Quarter 2014 - S1,550,0W
Total: $19,550,000
(B) Inner Island Project - Cadjoe Regional Wastewater System. The County shall pay
to the FKAA, after receipt of an invoice from FKAA for each quarter, quarterly
advances fbr the Cu4joe Regional
to the following schedule:
I ` Quarter 2013 - S2,000,000
2" Quarter 2013 - $2,500,000
3 rd Quarter. 2013 - $4,000,000
4 Quarter 2013 - 56,000,000
I Quarter 2014 - 56,000,000
2 0d Quarter 2014 - $6,000,000
3 rd Quarter 2014 - 54,000,000
4' Quarter 2014 - $4,000,000
1" Quarter 2015 - $3,000,000
2 d Quarter 2015 - $2,000,000
wastewater System Inna Island project according
Total: $39,500,000
(C) Outer Island Project - Codjoe Regional Wastewater System. The County shall
pay to the FKAA, after receipt of an invoice frorn FKAA for each quarter, quarterly
advances for the Cudjoe Regional Wastewater System Outer Island project according
to the following schedule:
I Quarter 2013 - $2,500,000
2" Quarter 2013 - S5,000,000
3r Quarter 2013 - $9,000,000
0 Quarter 2013 - $9,000,000
1° Quarter 2014 - S9,000,000
2" Quarter 2014 - S10.000,000
Y Quarter 2014 - $10,000;000.
0 Quarter 2014 - SI0,000,000
I' Quarter 2015 - $9,000,000
2 nd Quarter 2015 - $9,000,000
3r Quarter 2015 - $4,000,000
4 Quarter 2015 - $3,000,000
Total: $99,500,000
(D)Notwithstanding that the advances shown in subsections (A) through (C) above are
established based on the expected cash flow needs for each project, the total quarterly
advance may be applied by FKAA, to any of the three Projects. Jhe total quarterly
advances commencing for the first quarter of 2013 follows:
6th Amend Cudioe Revimwl IT -A
f
1" Quarter 2013 - S6,500,000
2 Quarter 2013 - S9,500,000
3 rd Quarter 2013 - $16,000,000
4 Quarter 2013 - S18,000,000
1 Quarter 2014 - S18,0
2" Quarter 2014 - $19,000,000
3` Quarter 2014 - $ 16,000,000
0 Quarter 2014 - 515,550,000
1" Quarter 2015 - $12,000,000
2" Quarter 2015 - $11,000,000
3' Quarter 2015 - $4,000,000
4 1 b Quarter 2015 - $3,000,000
Total: $148,550,000
(E) As contracts are entered and/or cost estimates cbenge sufficiently to affect the
feasibility of the scheduled draws, the schedules for subsections (A), (B), and (C)
shall be changed, only In writing approved by both parties. 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 boards an
amendment to this agreement when necessary.
(F) 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 eontrad initiation and its duration.
The COUNTY shall make every effort to obtain all necessary finding from non-ad
valorem soumes, and in no event shall this agreement be deemed in any way to be a
pledge of ad valorem taxes.
2. Section 2 PROJECT, of the interlocal agreement dated September 20, 2006 (IGA), as
previously amended on April 16, 2008, August 3, 2009, September 16, 2009, April 19, 2012, and
August 15, 2012, shall be amended to read:
'Ilse foil Project shall consist of a plant and method of treatment to Advanced Wastewater
Treatment standards sufficient to serve the needs of the Cudjoe Regional Wastewater
System, including the Inner Islands (Summerland, Cudjoe and Upper Sugarloaf) and
Outer Islands (Big Pine through Ramrod and Lower Sugarloaf), and a collection system
and transmission main to serve the Inner Islands and the Outer Islands. The Rill Project is
subdivided into the following sub- projects: Treatment Plant Project, Inner Island Project,
and Outer Island Project.
3. Section 3. EXPENDITURE O FUNDS and shall be amended by adding the following
paragraph:
As of the effective date of this Sixth Amendment, FKAA shell submit all documentation
to support expenditure of funds advanced under Section 1, as amended in this Sixth
Amendment to establish the cash flow of advances identified in Section 1, subsections
(A) and (B) as follows:
6th Amend rNAM Reu innwl IT A rte
Invoices with supporting documentation to substantiate the proper expenditure of
advance funds shall be submitted to the County Engineering department at leant
monthly. The properly supported expenditures shall be applied against the cash
advances. The submission must be in a form satisfactory to the Clerk of the
BOCC. If the Engineering Department finds the documentation insufficient, the
Engineering Department shall inform the FKAA in writing of the shortcomings
and seek additional documentation. Upon receipt of documentation that the
Engineering Dega"nent deems sufficient, that department shall forward the
documentation to the Clerk to be applied against the advances extended to the
FKAA. For purposes of this paragraph, the FKAA Executive Director and the
County Administrator may designate specific personnel to act on behalf of the
FKAA and Engineering Department to address the accounting for expenditures of
advanced finds. If the Clerk determine that the submission is unacceptable either
of them shall scorn it to the FKAA in writing with a written description of the
deficiency/ies, copying the Engineering Department on any such writing.
4. Section 4. FISCAL COMMAND GUAR Y REPORTS, shall be amrnded to add
the following subsection (A):
(A) In addition to fiscal controls instituted by the FKAA and reports wired above,
there shall be a special "accountability" system established for periodic submission and
review of documentation as the Project progses, to insure that undue delays in
processing the doarmeatadon does not result in lost documentation or insufficient
documentation that is discovered after the FKAA no longer has a contractual relationship
with the entity from which additional documentation is required. Although the FKAA
Executive Director, or his designee, and the County Administrator, or his designee, may
supplement the accountability system by mutual agreement and directives to their
respective personnel, the system shall involve, at the very lest, the following:
(i) Regular submissions, no less frequently than monthly, of all accrued
expenditure documents since the prior submission to be applied against the cumulative
outstanding advances; and
(ii) Monthly meetings between FKAA staff responsible for the accumulation
of documentation and maintenance of the FKAA financial records, the County
Engineering Department the County budget office, and the CIerk's finance department
personnel, for the purpose of: FKAA delivery of monthly records to County, cursory
review of the current submission, discussion regarding any omissions or errors in the
prior month's submission discovered during due diligence by the County in verifying that
the documentation supports the expenditure claimed
(iv) Each monthly meeting for purposes of documentation review and
discussion shall have an agenda and shall include review of rejections of prior
submissions, including the prior month's submissions and any outstanding submissions
that have not been accepted and for which additional documentation is still needed to
support application of the expenditure againrt the advance.
(v) If there am any expenditures more than one year old and still deemed by
the County or its Cleric to be insufficiently documented , the parties shall set up a
special meeting process to address and correct the apparent errors and/or omissions so
that undue delay in resolution does not render it impossible to receive supporting
documentation from the FKAA's contractors.
Ath Amend lti,dino RPOinnw) IT A
O y
� e
w
BOARD OF COUNTY COMMISSIONERS
OF MONK CO TY, FLORIDA
By:
• Mayor/cwhParson
S. 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, and August 15, 2012, not - iwonsistent
herewith shall retrain in full force and effect.
4. This Agre meat will take effect on the 17th day of October, 2012.
IN WITNESS WYIEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
DANNY'L. KOL13 tCE, CLERK
Deputy Clerk
THE FLORIDA KEYS AQUEDUCT AUTWRITY
By: - k- e2-.
Kirk C. Zue , xecutive Director
(SEAL)
A ..
Clerk
FKAA Board Approval: 10 -24 -2012
6th Amend Cudine Revinnal TLA
MONM COUNTY' `''
OVEO AS
UZARN A. Hunw
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