11th Amendment 04/19/2018GJ Z COURTS °
o:
Kevin Madok, CPA
.... Y1
Clerk of the Circuit Court & Comptroller — Monroe Count Florida
•R OE COUN
DATE: Mav 31, 2018
TO: Ke «n G. Wilson, PE
Assistant County Administrator
Elaine Ferda
Executive Administrator
FROM: Pamela G. Hancock, D.C.
SUBJECT: April 19' BOCC Meeting
Attached is an electronic copy of Item Kl, 11th Amendment to the Cudjoe Regional
Wastewater System Interlocal Agreement (ILA) with Florida Keys Aqueduct Authority
increasing the amount of the ILA project amount by $7.2 million to a total of $203.7 million, for
your handling.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney_
Finance
File
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305 - 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305 - 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305 - 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
ELEVENTH AMENDMENT
TO INTERLOCAL
AGREEMENT FOR THE
CUDJOE REGIONAL WASTEWATER SYSTEM
Apo I
THIS ELEVENT/ AMENDMENT TO INTERLOCAL AGREEMENT is entered
into this _ Nrth day of - MamTi 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 interloeal 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
Stunmerland /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 INTF.RLOCAL AGREEMENT FOR THE
CUDJOE REGIONAL WASTEWATER SYSTEM," to revise County funding for the project;
and
WHERE,AS, on April 18, 2012, the BOCC approved a Fourth Amendment to provide the
finding needed for bid preparation related to the Cudjoe Regional Wastewater System project;
and
WHEREAS, on August 15, 2012, the BOCC approved a Fi ffth 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
I I"' Amendment Cudjoe Regional ILA
(/A
contracting for the Cudjoe Regional Wastewater System project, bring the total advance paid for
the third and fourth quartets 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 43 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.
11 "' Amendment Cudjoe Regional ILA 2
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 remaining forecasted needs for the Cudjoe project are as follows:
Thru 4 th Qtr 2017
$193,204,787
1 St Quarter 2018
$
2,685,000
2nd Quarter 2018
$
2,680,000
3` Quarter 2018
$
2,100,000
4 th Quarter 2018
$
1,500,000
1 51 Quarter 2019
$
1,531,863
Total
$203,701,650
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.
I l lh Amendment Cudjoe Regional ILA 3
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
Attesl:
Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: 4��6�
Mayor/ airperson
THE. FLORIDA KEYS AQUEDUCT
AUTHORITY
By: X� �- g Q ) ' 'f &k
Kirk C. Zuelcl utive Director
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MONt -DOE COUNTY ATTORNEY
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MONt -DOE COUNTY ATTORNEY
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FLORIDA KEYS AQUEDUCT AUTHORITY
RESOLUTION # 18 -02
A RESOLUTION OF THE FLORIDA KEYS AQUEDUCT AUTHORITY
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A
ELEVENTH AMENDMENT TO THE INTERLOCAL AGREEMENT
WITH MONROE COUNTY PROVIDING FOR $7,167,198. IN
ADDITIONAL FUNDS FOR CONSTRUCTION, TELEMETRY,
ADDITIONAL PROPERTIES ADDED INTO THE SYSTEM AND FOR
FUTURE DESIGN AND CONSTRUCTION OF ADDITIONAL "RELIEF"
PIPELINE FOR A PROJECT TOTAL OF $203,701.650.
WHEREAS, the Florida Keys Aqueduct Authority (Authority) was created by Special
Legislation, Chapter 76 -441, Laws of Florida, as amended; and
WHEREAS, the Authority and Monroe County (County) did, on September 20, 2006,
enter into an Interlocal Agreement for the purpose of funding the costs associated with the
administration, planning and development of a regional wastewater project; and
WHEREAS, on April 24, 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 $4,500,000.00 for a total budget of $7,500,000.00 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 ILA, 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 24, 2009, the parties amended the ILA, through a document
titled "SECOND AMENDMENT TO INTERLOCAL AGREEMENT FOR THE CUDJOE
REGIONAL WASTEWATER SYSTEM" to revise County funding for the project; and
WHEREAS, allocation of funding in HB5001, the budget passed by the State Legislature
in 2012, is predicated upon the existence of a contract by February 28, 2013 for the Cudjoe
Regional Wastewater System project, which requires additional funding to cover the costs
related to bid preparation.
WHEREAS, on April 25, 2012, the parties approved a Fourth Amendment to provide the
funding needed for bid preparation related to the Cudjoe Regional Wastewater System project;
and
WHEREAS, on August 22, 2012, the parties approved a Fifth Amendment providing for
an increase in funding to support planning, design, and contracting for construction of the Cudjoe
Regional Wastewater System Project in the amount of $950,000.00; and
WHEREAS, on October 24, 2012, the parties approved a Sixth Amendment providing
for schedule of providing funding to the Authority for the Cudjoe Regional Wastewater System
Project to support uninterrupted construction of the project and a system to assure accountability;
and
WHEREAS, on November 20, 2013, the parties approved a Seventh Amendment
providing for the design and increase in cost from grinder pumps to gravity system for certain
designated properties within the Cudjoe Regional Wastewater System Inner and Outer Islands;
and
WHEREAS, on December 14, 2014 the parties approved an Eight Amendment to allow
for additional gravity sewer conversions, roadwork, commercial properties, equipment storage
and associated construction management requirements equaling an additional $14,900,000.00;
and
WHEREAS, on April 22, 2015 the parties approved a Ninth Amendment to construct a
deep injection well at the Cudjoe Regional Wastewater Treatment Plan; 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
WHEREAS, it is now necessary to amend the Interlocal Agreement to allow for
additional funds for construction, telemetry and additional properties added to the system and
future design and construction of additional "relief. pipeline.
NOW, THEREFORE BE IT RESOLVED, that the Florida Keys Aqueduct Authority
Board of Directors does hereby:
AUTHORIZE THEIR EXECUTIVE DIRECTOR TO EXECUTE A
ELEVENTH AMENDMENT TO THE INTERLOCAL AGREEMENT
WITH MONROE COUNTY PROVIDING FOR $7,167,19 IN
ADDITIONAL FUNDS FOR CONSTRUCTION, TELEMETRY,
ADDITIONAL PROPERTIES ADDED INTO THE SYSTEM AND FOR
FUTURE DESIGN AND CONSTRUCTION OF ADDITIONAL "RELIEF"
PIPELINE FOR A PROJECT TOTAL OF $203,701.650.
(CORPORATE SEAL)
ATTEST:
C LC I -
David C. Ritz, Secretary/Tr asurer
FLORIDA KEYS AQUEDUCT AUTHORITY
BY: 0 / i
J. ert Dean, Chairman