Item K2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
9/16/09
Division:
Administrator
Bulk Item: Yes
_ No X
Department:
Wastewater
Staff Contact Person/Phone #: Elizabeth Wood/292-4525
AGENDA ITEM WORDING: Approval to adopt the Second Amendment to the September 20, 2006
Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System Interlocal Agreement (ILA) to
strategically release funds previously allocated to prepare design reports, plans and specifications for
the Cudjoe Regional expanded service area.
ITEM BACKGROUND: Plans and specifications for phases of the Cudjoe Regional central service
area are anticipated to be ready for bid toward the end of 2009 and through 2010 and establish
readiness to proceed for the Cudjoe Regional System. FKAA has recommended diverting $1.3 million
of infrastructure sales tax back to the Duck Key collection system funding plan for which system
development fees have been collected and additional revenue is necessary.
PREVIOUS RELEVANT BOCC ACTION: On September 20, 2006, the BOCC approved the ILA
for the Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System. At the March 19, 2008
BOCC meeting, the BOCC supported a staff report to proceed with administration necessary to
combine the Summerl and/Cudj oe/Sugarl oaf and Ramrod/Torch/Big Pine Key central service areas for
a cost reduction over $20,000,000.00. On April 16, 2008, the BOCC approved Amendment One
which expanded the Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System appropriating
the additional funds necessary to design the Cudjoe Regional expanded service area through
preparation of plans and specifications.
CONTRACT/AGREEMENT CHANGES:N/A.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DOCUMENTATION:
DISPOSITION:
Revised 7/09
Included X Not Required
AGENDA ITEM #
SECOND AMENDMENT TO
INTERLOCAL AGREEMENT
FOR THE
CUDJOE REGIONAL WASTEWATER SYSTEM
THIS SECOND AMENDMENT TO INTERLOCAL AGREEMENT is entered into
this 16th day of September, 2009, 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 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 Conch
Key/Duck Key Wastewater Service District; 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, grants necessary to complete the funding plan for construction of the Cudjoe
Regional Wastewater System have not yet been forthcoming and commencement of construction
is delayed while alternative funding plans are pursued; and
WHEREAS, the Cudjoe Regional Wastewater Project design has been prepared to the
extent necessary for the project to be considered "ready to proceed" and design engineers have
identified reasonable interim milestones from which they can finalize portions of the design; and
WHEREAS, Municipal Service Taxing Unit Revenue for year one of the Big Pine MSTU
and Year 2 of the Cudjoe MSTU is anticipated to generate sufficient revenue to finalize the
design; and
2nd Amend Cudjoe Regional ILA
WHEREAS, FKAA has acquired a treatment plant on Duck Key for purposes of upgrade
and expansion to provide AWT 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, System Development Fees have been collected from the Duck Key service
areas but additional revenue is necessary to complete the Duck Key collection system funding
plan; and
WHEREAS, the County and the FKAA desire to amend the Cudjoe Regional ILA to
decrease funding for design until such time as additional revenues are available for construction,
allowing the amount previously allocated but not yet spent to be diverted to the Duck Key project;
now therefore
IN CONSIDERATION of the mutual consideration and premises set forth below, the
parties agree as follows:
I. Section 1, COUNTY FUNDING, of the Summerland/Cudjoe/Upper Sugarloaf Regional
Wastewater System interlocal agreement dated September 20, 2006 (ILA), as previously amended
on April 16, 2008, shall be amended to read:
The County shall appropriate from any lawfully available source, a sum not to exceed
$3,200,000 for the preliminary design to add to the Summerland/Cudjoe Upper Sugarloaf
Regional Wastewaer System necessary collection systems to accommodate from Big Pine
Key to Lower Sugarloaf (expanded system), to be paid to the FKAA as reimbursement.
These funds are additional to the funds set forth in the Interlocal Agreement dated
September 20, 2006. Additional amendment(s) will be necessary to appropriate funds for
the final design of the expanded area. The amount of the funding may be changed by
written amendment to this Agreement by the parties.
2. Paragraph 2, Project, of the ILA dated September 20, 2006, as previously amended on
April 16, 2008, for the Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System shall
be amended to read as follows:
The project shall include preliminary design and cost estimates to expand the
Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System to encompass Big
Pine Key through Lower Sugarloaf, the final design of the inner islands
(Summerland/Cudjoe/Upper Sugarloaf) as well as the treatment plant and cost estimates
for the entire project. The parties will amend the original ILA dated September 20, 2006,
to include planning, final design, and construction of those components of the expanded
design to be incorporated into the Final Project.
2nd Amend Cudjoe Regional ILA 2
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,
not inconsistent herewith shall remain in full force and effect.
4. This Agreement will take effect on the 161h day of September, 2009.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By;
Deputy Clerk
THE FLORIDA KEYS AQUEDUCT AUTHORITY
By:
Chairman
(SEAL)
ATTEST:
Clerk
Mayor/Chairperson
IM N CE COLJNI'Y ATTOR 1E
VV
2°d Amend Cudjoe Regional ILA 3