Item K1County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
April 19, 2018
Agenda Item Number: K.1
Agenda Item Summary #4053
BULK ITEM: Yes DEPARTMENT: Waste Water
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292 -4441
no
AGENDA ITEM WORDING: Approval of 11th amendment to the Cudjoe regional wastewater
system ILA with FKAA increasing the amount of the ILA project amount by $7.2 million to a total
of $203.7 million
ITEM BACKGROUND: At its March 2018 meeting the BOCC reviewed some additional costs of
the project as detailed in the FKAA request letter dated 6 FEB 2018. This is the ILA amendment
authorizing the increase in project authorization to cover those projected additional costs. At the
same meeting, the BOCC authorized staff to request an increase in the Clean Water State Revolving
Fund (SRF) loan in the same amount to provide the funds for these items.
PREVIOUS RELEVANT BOCC ACTION: At its March regular meeting the BOCC directed
staff to proceed with the amendment and to request an increase in the SRF authorization. There have
been 10 previous amendments to the ILA which was first approved on 20 SEP 2018.
CONTRACT /AGREEMENT CHANGES:
Amendment 11 to ILA
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
ILA 11th Amendment -FKAA signed
FINANCIAL IMPACT:
Effective Date: 19 April 2018
Expiration Date: N/A
Total Dollar Value of Contract: $203.7 million
Total Cost to County: $203.7 million
Current Year Portion:
Budgeted: Yes
Source of Funds: Infrastructure sales tax; user assessments; grants;
CPI: N/A
Indirect Costs: Staff time
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No
Grant:
County Match:
Insurance Required: N/A
Additional Details:
If yes, amount:
Increases debt service in FY19
REVIEWED BY:
Kevin Wilson
Cynthia Hall
Budget and Finance
Kathy Peters
Board of County Commissioners
Completed
03/31/2018 11:41 AM
Completed
04/02/2018 1:40 PM
Completed
04/02/2018 2:00 PM
Completed
04/03/2018 1:33 PM
Pending
04/19/2018 9:00 AM
ELEVENTH AMENDMENT
TOINTERLOCAL
AGREEMENT FOR THE
..STEWATER SYSTE]
THIS ELEVENTH AMENDMENT TO INTERLOCAL AGREEMENT is entered
into this 28th day of March 2018, 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, Cl.JDJOE 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 INTERLOCAI., AGREEMENT FOR THE
(JJDJOE 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
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 I of the ILA in order to specify a
schedule for quarterly advance payments for the treatment plant, inner island prctiect, 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, on January 20, 2016, the Board of County Commissioners approved a Tenth
Amendment to the ILA, in order to revise the advance schedule and add $5.95 million of additional
funding for project changes authorized by the BOCC, namely, addition of expansion areas and
adoption of a policy to provide connection points for newly developed properties; and
WHEREAS, FKAA is projecting an additional $7.167 million in additional expenses as the
Cudjoe Regional project nears completion, for construction at a Big Pine Key building used for
wastewater staff, additional charges for telemetry (electronic signals, sent for monitoring from
collection and transmission lines, pumps and lift stations to the system) not included in the original
design or construction estimate; additional properties added into the system in the Torches and No
Name Key and Breezy Pines RV park; and $1.2 million for future design and construction of an
additional "relief' pipeline, required as a result of additional properties added into the system.
I I d ' Amendment Cudjoe Regional ILA 2
NOW THEREFORE, IN CONSIDERATION of the mutual consideration and premises set forth
Wow, the parties agree as follows:
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 remaining forecasted needs for the Cudjoe project are as follows.
Thru 4 th Qtr 2017
$193,204,7
i
Quarter 2018
$
2,685,0
2 nd
Quarter 2018
$
2,680,00
P
Quarter 2018
$
2,100,0 i t
4 th
Quarter 2018
$
1150010 1
1"
Quarter 2:019
$
6
1,531,8
Total
$203,701,6
0
The County shall advance sufficient funds to FKAA to ensure that the advance level is
sufficient to cover the amount shown for each subsequent quarter and that the FKAA has
sufficient cash on hand to cover expected expenditures. The amount advanced shall be
determined by the County Administrator and the Executive Director or their designees 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, April 15, 2015, and January 20 2016 not
inconsistent herewith shall remain in full force and effect.
11"' Amendment CudJoe Regional ILA 3
IN WITNESS WHEREOF, the parties hereto have set their hands and scals the day and
year f above written.
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I X ZAL Y I t
By:
Deputy Clerk
Clerk
By:
Mayor/Chairperson
THE FLORIDA KEYS AQUEDUCT
AUTHORITY
By:
' — CLZuu�;h, — ix�cutive & o
I P Amendment Cudjoe Regional ILA 4