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  County Administrator's Report     12. 29.    
BCC Regular Meeting Budget & Finance Consent  
Meeting Date: 07/18/2019  
Issue:    Amendment to Interlocal Agreement - Sanitary Sewer System Improvement Project on Innerarity Island
From: Joy Jones
Department: Engineering  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the First Amendment to the Interlocal Agreement Between Escambia County, Florida, and Emerald Coast Utilities Authority Relating to a Sanitary Sewer System Improvement Project on Innerarity Island - Joy Jones, P.E., Engineering Department Director

That the Board approve and authorize the Chairman to sign the First Amendment to the Interlocal Agreement between Escambia County, Florida, and Emerald Coast Utilities Authority (ECUA), relating to a Sanitary Sewer System Improvement Project on Innerarity Island.

[Funding:  Funds for design and construction and engineering inspection (CEI) are available in Fund 352, Local Option Sales Tax (LOST) III – Innerarity Island Development Corporation (IIDC) Water and Sewer Project, Cost Center 110211, Object Code 56301, Project #16PF3502. Funds for construction are available via the Municipal Services Benefit Unit (MSBU) Ordinance, and initial project costs will be provided through an inter-fund loan from LOST to the MSBU fund and reimbursed from assessments]

This project is located in Commission District 2.
BACKGROUND:
The Innerarity Island Development Corporation (IIDC) abandoned its sewer utilities early in 2014. On March 21, 2014, a court order required the County to become the Receiver of the IIDC utilities. The existing sanitary sewer system on Innerarity Island is in need of significant repairs and upgrades. 

Emerald Coast Utilities Authority (ECUA) has agreed to manage and oversee the design and upgrades to the sanitary system on Innerarity Island at no cost to ECUA or its ratepayers, and thereafter accept Innerarity Island within its sewer service area, and accept ownership of the sanitary sewer system on Innerarity Island. 
 
On February 18, 2016, the BCC signed the Department of Environmental Protection (DEP) Agreement Number S0878, which provided $1,000,000 from the 2015-2016 General Appropriations Act for the Escambia County Innerarity Water & Sewer Upgrade Project. 

On March 2, 2017, then amended on February 1, 2018, the Board of County Commissioners (BCC) enacted an Ordinance establishing the IIDC Sewage System Improvements Municipal Service Benefit Unit (MSBU). The MSBU assessment will defray the cost of sewage system improvements within the district, based upon a fair and reasonable apportionment of the cost to all specially-benefitting properties. 

On September 21, 2017, the BCC signed Amendment Number 2 to the DEP Agreement which provided an additional $500,000 from the 2017-2018 General Appropriations Act for Escambia County Innerarity Water & Sewer Upgrade.

On May 17, 2018, the BCC approved the Interlocal Agreement (ILA) with ECUA which established a $4,220,000 not-to-exceed amount for Design and Construction reimbursement from the County to ECUA.  

With the Design and Construction and Engineering Inspection (CEI) to be provided by Ken Horne and Associates at $221,000 (via remaining funds from the DEP Grant) and the Construction low bid  of $4,542,070 received on June 6, 2019, from Talcon Group (to be funded via the MSBU), the total requires an increase to the ILA not-to-exceed amount.

Staff recommends that an approximate 20.63% contingency amount be added to the Construction Bid for a total of $5,479,000. This, added to the $221,000 Design and CEI amount totals $5,700,000 for the ILA.

Therefore, staff recommends the current ILA not-to-exceed amount of $4,220,000 be increased to $5,700,000.
BUDGETARY IMPACT:
Funds for design and for Construction and Engineering Inspection (CEI) services are available in Fund 352, LOST III – IIDC Water and Sewer Project, Cost Center 110211, Object Code 56301, Project #16PF3502.
 
Funds for construction are available via the MSBU Ordinance and initial project costs will be provided through an inter-fund loan from LOST to the MSBU fund and reimbursed from assessments.
LEGAL CONSIDERATIONS/SIGN-OFF:
Stephen West, Senior Assistant County Attorney, has reviewed and signed off on the Interlocal Agreement. 
PERSONNEL:
No additional personnel will be required.
POLICY/REQUIREMENT FOR BOARD ACTION:
N/A
IMPLEMENTATION/COORDINATION:
Engineering staff will continue to collaborate and coordinate with ECUA staff.

Attachments
First Amendment
BCC Mins_IA 051718
FDEP Grant Agrmnt_021816
FDEP Grant Amendment 2
Ordinance 2017
MSBU Amendment/Ord
Court Order

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