Item H1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 16, 2008
Division: Engineering
Bulk Item: Yes _ No X Department: Wastewater
Staff ConWPerson/Phone #:Elizabeth Wood/2924525
AGENDA ITEM WORDING: Authorization to execute the Second Amendment to the Amended and
Restated Inter -local Agreement (ILA) with the Key Largo Wastewater Treatment District expanding
the "North Components", as defined in the ILA, to include the Key Largo Regional Wastewater
Project described in Tab 1 of the April 2006 KLWTD Facilities Plan.
ITEM BACKGROUND: The April 2006 ILA states that "North Components" means the design,
permitting, construction, and operation of collection systems A and D, the North Transmission Main,
and the Regional Treatment Plant. The Key Largo Water Treatment District has requested that design
and construction of the south transmission main be eligible for reimbursement from the up to
$20,000,000 commitment of Tax Revenues or Sales Surtax Bond Revenues.
PREVIOUS RELEVANT BOCC ACTION: Previously, the BOCC approved authorization to
execute the July 20th, 2005 First Amended and Restated Inter -local Agreement(ILA) to clarify the
source of funding and facilitate the effective administration of the transfer and reimbursement of the
funds. Refer to the July 20, 2005 Agenda Item Summary for further previous BOCC action.
CONTRACT/AGREEMENT CHANGES: Clarification of "North Components" and amendment to
include, in addition to the KLWTDs Collection Basins A and D, the North Transmission Line (from
MM 106 to MM 100.5), and the Regional Treatment Plant located at MM 100.5, all other facilities
described in the KLWTD Facilities Plan as submitted to the Florida Department of Environmental
Protection, and including any amendments to the Facilities Plan. Appendix A is also amended to
reflect the facilities described in the Facilities Plan.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $0 BUDGETED: Yes X No
COST TO COUNTY:$0 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION:
Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 11/06
Engineering Division
MEMORANDUM
To: Dave Koppel, County Engineer
From: Elizabeth Wood, Sr. Administrator — Sewer Projects
Date: 1/3/2008
Re: Second Amendment to KLWTD ILA
AGENDA ITEM WORDING: Authorization to execute the Second Amendment to the Amended and
Restated Inter -local Agreement (ILA) with the Key Largo Wastewater Treatment District expanding the
"Project", as defined in the ILA, to include the Key Largo Regional Wastewater Project described in Tab
1 of the April 2006 KLWTD Facilities Plan.
The Key Largo Wastewater Treatment District (KLWTD) has requested that the scope of the "Project"
eligible for reimbursement from the up to $20,000,000 in Tax Revenues or Sales Surtax Bond Revenues
committed by Monroe County include all facilities described in the KLWTD Facilities Plan.
Funding sources for the KLWTD project phases was re -worked prior to issuance of the 2007 Bond
because 1) KLWTD has already met the State Revolving Fund Cap and 2) the plant could not be
constructed with app. $3.2 M to be paid over 4 years.
Additionally, KLWTD has received great feedback from package plant owners along the South US 1
Corridor and plans to make service available to as many package plant owners as possible (including the
Murray Nelson Center).
KLWTD currently has a $45-$80M funding gap to complete construction of the Key Largo collection
systems and reserves the right to request future grant funding as it becomes available to minimize the
increase in the monthly rate that will be necessary to fund the gap.
SECOND AMENDMENT t i : r AND ,, D
INTERLOCAL AGREEMENT
;xm
THE KEY LARGO WASTEWATER TREATMENT DISTRICT
, 2008
Page 1 of 4
SECOND AMENDMENT TO THE AMENDED AND ' 1 RESTATEk.
INTERLOCAL
• "�' i'�' t ' TIM 4 01.
RESTATED INTERL®CAL AGREEMENT, dated July 20, 2005 (the "Interlocal
Agreement") is entered into pursuant to section 163.01, Florida Statutes, by and
between Monroe County, a political subdivision of the State of Florida (the "County"),
and the Key Largo Wastewater Treatment District, an independent special district
existing as a local government agency under the laws of the State of Florida (the
"District"), to amend the Interlocal Agreement to amend and clarify the defined term
"North Components."
WITNESSETH:
WHEREAS, on July 20, 2005, the District and the County entered into the First
Amended and Restated Interlocal Agreement to advance the provision of central
wastewater services to be provided in Monroe County and for the other purposes and
reasons stated in the findings set forth in the Interlocal Agreement; and
WHEREAS, the District and County amended the Interlocal Agreement on
August 16, 2006 (the First Amendment), to provide increased advance funding; and
WHEREAS, the County and the District have determined to amend and clarify
the meaning of the defined term "North Components."
NOW, THEREFORE, in consideration of the mutual covenants herein, the
Interlocal Agreement is hereby amended to read as follows:
SECTION 1. WORDS AND TERMS. The words and terms used herein shall
have the same meanings as set forth in the Interlocal Agreement.
2d Amend. Jan. 2008 Page 2 of 4
SECTION 2. NORTH COMPONENTS. The term "North Components" is
clarified and amended to expressly include, in addition to the District's Collection Basins
A and D, the North Transmission Line (from MM 106 to MM 100.5), and the Regional
Treatment Plant located at MM 100.5, all other facilities described in the District's
Facilities Plan as submitted to the Florida Department of Environmental Protection, and
including any amendments to the Facilities Plan.
SECTION 3. APPENDIX A. Appendix A to the Amended and Restated
Interlocal Agreement is revised to read as follows:
9 1 V
q- R :: 1a
The District's North Components include a wastewater treatment
plant with a design capacity of 2.25 million gallons per day average daily
flow; transmission lines and collection facilities described in the KLWTD
Facilities Plan and any amendments thereto. Effluent quality will meet
AWT standards and effluent and sludge disposal will be accomplished
consistent with applicable law.
SECTION 4. FILING AND EFFECTIVE DATE. A copy of this AMENDMENT _
shall be filed with the Clerk of the Circuit Court of Monroe County and this Agreement
will take effect on the date such copy executed by both parties is so filed.
2d Amend. Jan, 2008 Page 3 of 4
IN WITNESS WHEREOF, the parties have caused this AMENDMENT to be
executed on their behalf by the County Chairman and the District Chairman.
(SEAL)
Danny L. Kolhage, Clerk
By:
Deputy Clerk
(SEAL)
ATTEST:
Clerk
Mayor/Chairperson
MONROE COUNTY ATTO NEY
ROVER AS, T
UZA h. ; ��I fON00!U;N2TCg�
Chairman
2d Amend. Jan. 2008 Page 4 of 4