Item M6BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 28, 2009 Division: Monroe County Clerk's Office
Bulk Item: Yes x No — Department: County Clerk
Staff Contact Person/Phone #: Pam Hancock 295-3130
AGENDA ITEM WORDING: Consideration by the Board to rescind the approval of an Interlocal
Agreement between Monroe County, Florida Keys Aqueduct Authority (FKAA) and the municipalities
of Key West, Isla norada, Layton, Key Colony Beach and Marathon for multijurisdictional
coordination and cooperation regarding water supply, re -use, and alternative water supplies.
ITEM BACKGROUND: Item was approved at the August 20, 2008 BOCC meeting (Item M16), but
has not been forwarded to the Clerk for execution.
PREVIOUS RELEVANT BOCC ACTION-
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
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 1/09
Included Not Required
AGENDA ITEM #
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20, 2008
Bulk Item: Yes X No
Division:_ Growth Management
Department:
Staff Contact: Andrew O. Trivette
AGENDA ITEM WORDING:
Approval of An Interlocal Agreement between Monroe County, Florida Keys Aqueduct Authority
(FKAA) and the municipalities of Key West, Islamorada, Layton, Key Colony Beach and Marathon for
multijurisdictional coordination and cooperation regarding water supply, re -use, and alternative water
supplies.
ITEM BACKGROUND:
Florida Statute Section 163.3177(6)(c) requires that services and utilities such as potable water be
available to new development. The Comprehensive Plans of the County and Municipalities must
include a coordination element with the supplier of potable water. This document assures such
coordination, and allows the County to proceed with a Comprehensive Plan amendment for potable
water.
PREVIOUS RELEVANT BOCC ACTION: N/A
I-VIN i KAU 1 rAUXELMEAT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: n/a
COST TO COUNTY: n/a
BUDGETED: Yes — No
SOURCE OF FUNDS:
REVENUE PRODUCING. Yes — No x AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION'
Revised 11/06
AGENDA ITEM # M l b
INTERLOCAL AGREEMENT
BETWEEN
MONROE COUNTY, CITY OF ISLAMORADA, CITY OF KEY COLONY BEACH,
CITY OF KEY WEST, CITY OF LAYTON AND CITY OF MARATHON
AND
THE FLORIDA KEYS AQUEDUCT AUTHORITY
2008
TABLE OF CONTENTS
Pag£
ARTICLE', I DEFINITIONS
SECTION I.01 WORDS AND TERMS--
SECTION 1,02 CORRELATIVE WORDS ....................
ARTICLE II iNTERLOCAL AGREEMENT .......... . ... .
SECTION 2.01 PURPOSE OF INTERLOCAL AGREEMENT ...................
SECTION 2.02 TERM OF INTERLOCAL AGREEMENT ..... . . ............. . .
SECTION 2.03 TERMINATION............
SECTION 2.04 SCOPE OF WORK.... 3
ARTICLE III COSTS ................
SECTION 3.01..........
ARTICLE 1V WARRANTIES, REPRESENTATIONS AND COVENANTS ...............
SECTION 4.0I BY FKAA.........,
SECTION 4.02 BY COUNTY AND MUNICIPALITIES ........................
SECTION 4.03 FKAA LEGAL AUTHORIZATION ...................... .
SECTION 4,04 COUNTY AND MUNICIPALITIES LEGAL
AUTHORIZATION........ .
ARTICLE V DEFAULTS AND REMEDIES . . ................... . . .
SECTION 5.01 EVENTS OF DEFAULT..........
SECTION 5.02 DELAY AND WAIVER, ... , , -
ARTICLE VI GENERAL PROVISIONS ..............
SECTION 6.01 ASSIGNMENT OF RIGHTS UNDER AGREEMENT7
SECTION 6.02 AMENDMENT OF AGREEMENT
SECTION 6.03 SEVFRABILITY.............
SECTION 6.04 ATTORNEY'S FEES AND COSTS ............................................. 7
SECTION 6.05 ADJUDICATION OF DISPUTES OR DISAGREEMENTS ................ 7
SECTION 6.06 NONDISCRIMINATION ...............
SECTION 6.07 COOPERATION ... . ...........
SECTION 6.08 COVENANT OF NO INTEREST .......................
H
TABLE OF CONTENTS
SECTION 6.09 CODE OF ETHICS
.................................................
SECTION 6.10 NO SOLICITATION/PAYMENT..................................................9
SECTION 6.11 PUBLIC ACCESS TO RECORDS.................................................9
SECTION 6.12 NON -WAIVER OF IMMUNITY ................................
9
SECTION 6.13 LEGAL OBLIGATIONS; NON -DELEGATION OF DUTIES..... . ........
10
SECTION 6.14 NON -RELIANCE BY NON-PARTIES .......................................
10
SECTION 6.15 NO PERSONAL LIABILITY
10
SECTION 6.16 SECTION HEADINGS............................................................
10
SECTION 6.17 GOVERNING LAW; VENUE
....................................
SECTION 6.18 CONSTRUCTION
10
ARTICLE VII EXECUTION OF AGREEMENT .................. 11
SECTION 7.01 COUNTERPARTS................................................... 11
SECTION 7.02 SUPERSEDES OTHER AGREEMENT..........................................11
ii
INTERLOCAL AGREEMENT
BETWEEN
MONROE COUNTY, CITY OF ISLAMORADA, CITY OF KEY COLONY BEACH, CITY OF
KEY WEST, CITY OF LAYTON, CITY OF MARATHON
AND
FLORIDA KEYS AQUEDUCT AUTHORITY
THIS INTERLOCAL AGREEMENT (Agreement) is entered into this i day of
—, 2008, pursuant to Florida Statute Sec. 163,01, by and between Monroe County (County) a
Political subdivision of the state of Florida, City of Islamorada, City of Key Colony Beach, City of Key
West, City of Layton, City of Marathon (Municipalities), which are municipal corporations organized
pursuant to the laws of Florida located within Monroe County, and the Florida Keys Aqueduct Authority
(FKAA), an independent special district of the State of Florida.
WHEREAS, Chapter 163 of the Florida Statutes requires the County of Monroe and all
municipalities located in Monroe County to adopt a comprehensive plan which shall include a local water
supply plan; and
WHEREAS, the Florida Keys Aqueduct Authority was recreated in 1976 by the legislature of the
State of Florida, Chapter 76-441 Laws of Florida, said law having been amended from time to time, for
the purposes of obtaining, supplying and distributing an adequate supply of water to the Florida Keys and
to purchase, construct, acquire, operate, manage and control wastewater systems including the provision
of alternative water supplies; and
WHEREAS, FKAA provides a water supply directly to the residents of the County and
Municipalities; and
WHEREAS, the State of Florida Department of Community Affairs is assisting and coordinating
with local governments in the preparation of 10 year water supply facilities work plans; and
WHEREAS, the FKAA has adopted a 20-Year Water System Capital Improvement Master Plan
and is the sole provider of potable water to the Florida Keys; and
WHEREAS, the FKAA maintains records and information regarding the potable water supplied
to the County and the Municipalities located within Monroe County, and in coordination with the County
and the Municipalities as required by F.S. Sec. 163.3180 reviews and approves requests for additional
water service in Monroe County and is able to track and measure water usage and its availability within
all of Monroe County; and
WHEREAS, the Florida Legislature recognizes the importance of rnultijurisdictional
coordination over more narrow approaches to concurrency management as identified in Florida Statute
F.S. Sec. I63.3177(6)( c) which states that "Local governments, public and private utilities, regional
water supply authorities, special districts, and water management districts are encouraged to cooperatively
plan for the development of multijurisdictional water supply facilities that are sufficient to meet projected
demands for established planning periods, including the development of alternative water sources to
supplement traditional sources of groundwater and surface water supplies; and
WHEREAS, Florida Statute Sec. 163.01 Florida Statutes permits and encourages local
governmental units to make the most efficient use of their powers by enabling them to cooperate with
other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner
and pursuant to forms of governmental organization that will accord best with geographic, economic,
population, and other factors influencing the needs and development of local communities;
N0"', THEREFORE, in consideration of the mutual covenants, representations and promises
set forth in this Agreement and for other good and valuable consideration each to the other, receipt of
which is hereby acknowledged by each party, the Parties hereby agree, stipulate, and covenant as follows:
ARTICLE I
DEFINITIONS
SECTION 1.01 WORDS AND TERMS. Words and terms used herein shall have the
meanings set forth below:
"Agreement" means this Interlocal Agreement.
"FKAA" means the Florida Keys Aqueduct Authority.
"Authorized Representative" means the official of the FKAA the County or the municipalities
authorized by ordinance or resolution to sign documents of the nature identified in this Agreement.
"County" means the Board of County Commission of the County of Monroe.
2
Florida. "Monroe County" means the area comprising; the geographical boundaries of Monroe County,
"Municipalities" means the Cities of Islamorada, Key Colony Beach, Key West, Layton and
Marathon.
SECTION 1.02 CORRELATIVE WORDS. Words of the masculine gender shall be
understood to include correlative words of the feminine and neuter genders. Unless the context shall
otherwise indicate, the singular shall include the plural and the word "person" shall include corporations
and associations, including public bodies, as well as natural persons.
ARTICLE II
INTERLOCAL AGREEMENT
SECTION 2.01 PURPOSE OF INTERLOCAL AGREEMENT. The purpose of this
Agreement is to establish a mechanism whereby the FKAA, the County and the Municipalities identify
the water supply needed in the community to serve existing and new development, monitor the utilization
of the water supply and implement such alternative water supply projects, traditional water supply
projects, conservation projects and reuse necessary to meet Monroe County's water supply needs.
SECTION 2.02 TERM OF INTERLOCAL AGREEMENT. The term of this Agreement shall
be for a period of ten (10) years (the "Term"), and shall be renewed on the same terms and conditions
automatically at the conclusion of the Term and any renewal period for an additional term of ten years.
SECTION 2.03 TERMINATION.
(1) A party may terminate this Agreement without cause upon written notice to the other
parties, The FKAA, however, shall provide notice of termination of not less than one hundred eighty
(190) days.
SECTION 2.04 SCOPE OF WORK. The Parties will perform the following services to carry
out the Purpose of this Agreement:
A. The FKAA shall:
(1) Establish, maintain and monitor current water usage consumptions within the
jurisdictional borders of Monroe County and the Municipalities.
3
(2) Provide an annual county -wide water supply report to the County and the Municipalities
documenting water usage and water supply per jurisdiction.
(3) Shall coordinate with municipalities and the county on development application by
providing a letter of supply guarantee which will expire within one year of issue to applicants for
development approval based on FKAA usage projections.
(4) Provide periodic updates of its Twenty Year Water Supply Plan to the County and the
Municipalities.
(5) Prepare an Alternative Water Supply Plan regarding the status of alternative water supply
programs, coordinating with the County and Cities in the development of water reuse and other
alternative water supply initiatives.
B. The County and the Municipalities shall:
(1) Coordinate with the FKAA in the development and updating of the FKAA's water supply
plan.
(2) Issue building permits only when the FKAA has certified that a sufficient water supply is
available to serve new development.
(3) Notify FKAA at least monthly with the list of the following permits issued:
a. New single family construction
b. New and redeveloped commercial construction
c. New and redeveloped multifamily construction
(4) Coordinate with the FKAA on the development of an alternative water supply plan for all
of Monroe County.
(5) Provide information to the FKAA regarding the reuse water that may be available from
County and Municipalities owned wastewater plants and cooperate with the FKAA in the development of
distribution lines to provide reuse water as part of the FKAA's alternative water supply plan.
(6) Ensure that all subdivision plats are brought to the FKAA for approval.
ARTICLE III
COSTS
SECTION 3.0I The parties will each bear their own costs associated with complying with the
terms of this Agreement.
4
(2) Provide an annual county -wide water supply report to the County and the Municipalities
documenting water usage and water supply per jurisdiction.
(3) Shall coordinate with municipalities and the county on development application by
providing a letter of supply guarantee which will expire within one year of issue to applicants for
development approval based on FKAA usage projections.
(4) Provide periodic updates of its Twenty Year Water Supply Plan to the County and the
Municipalities.
(5) Prepare an Alternative Water Supply Plan regarding the status of alternative water supply
programs, coordinating with the County and Cities in the development of water reuse and other
alternative water supply initiatives.
B. The County and the Municipalities shall:
(1) Coordinate with the FKAA in the development and updating of the FKAA's water supply
plan.
(2) Issue building permits only when the FKAA has certified that a sufficient water supply is
available to serve new development.
(3) Notify FKAA at least monthly with the list of the following permits issued:
a. New single family construction
b. New and redeveloped commercial construction
C. New and redeveloped multifamily construction
(4) Coordinate with the FKAA on the development of an alternative water supply plan for all
of Monroe County.
(5) Provide information to the FKAA regarding the reuse water that may be available from
County and Municipalities owned wastewater plants and cooperate with the FKAA in the development of
distribution lures to provide reuse water as part of the FKAA's alternative water supply plan.
(6) Ensure that all subdivision plats are brought to the FKAA for approval.
ARTICLE III
COSTS
SECTION 3.01E The parties will each bear their own costs associated with complying with the
terms of this Agreement.
4
ARTICLE IV
WARRANTIES, REPRESENTATIONS AND COVENANTS
SECTION 4.01 BY FKAA. The FKAA warrants, represents, and covenants that:
0) The FKAA has full power and authority to enter into this Agreement and to comply with
the provisions hereof.
(2) The FKAA currently is not the subject of bankruptcy, insolvency, or reorganization
proceedings and is not in default of, or otherwise subject to, any agreement or any law, administrative
regulation, judgment, decree, note, resolution, charter or ordinance which would currently restrain or
enjoin it from entering into, or complying with, this Agreement.
(3) There is no material action, suit, proceeding, inquiry or investigation, at law or in equity,
before any court or public body, pending or, to the best of the FKAA's knowledge, threatened, which
seeks to restrain or enjoin the FKAA from entering into or complying with this Agreement.
(4) The FKAA shall exercise reasonable care and diligence to advise the County and the
Municipalities of any problems encountered by the Authority in implementing the requirements of this
Agreement.
SECTION 4.02 BY COUNTY AND MUNICIPALITIES, The County and Municipalities
warrant, represent, and covenant that:
(1) They have full power and authority to enter into this Agreement and to comply with the
provisions hereof.
(2) They are currently not the subject of bankruptcy, insolvency, or reorganization
proceedings and is not in default of, or otherwise subject to, any agreement or any law, administrative
regulation, judgment, decree, note, resolution, charter or ordinance which would currently restrain or
enjoin it from entering into, or complying with, this Agreement.
(3) There is no material action, suit, proceeding, inquiry or investigation, at law or in equity,
before any court or public body, pending or, to the best of their knowledge, threatened, which seeks to
restrain or enjoin the them from entering into or complying with this Agreement.
(4) They shall exercise reasonable care and diligence to ensure that the FKAA is advised on
a timely basis of all applicable information that is necessary for the FKAA to provide and assist them in
carrying out the purpose of this Agreement.
SECTION 4.03 FKAA LEGAL AUTHORIZATION. Upon signing this Agreement, the
FKAA's legal counsel hereby expresses the opinion, generally, that this Agreement has been duly
authorized by the FKAA and shalt constitute a valid and binding legal obligation of the FKAA
enforceable in accordance with its terms upon execution by both parties.
61
SECTION 4.04 COUNTY AND MUNICIPALITIES LEGAL AUTHORIZATION. Upon
signing this Agreement, the County and Municipality's legal counsel hereby expresses the opinion,
generally, that this Agreement has been duly authorized by the County and the Municipalities and shall
constitute a valid and binding legal obligation, enforceable in accordance with its terms upon execution
by both patties.
ARTICLE V
DEFAULTS AND REMEDIES
SECTION 5.01 EVENTS OF DEFAULT. Each of the following events is hereby declared an
event of default:
(1) Failure by the Parties to comply substantially with the provisions of this Agreement or
failure in the performance or observance of any of the covenants or actions required by this Agreement if
such failure shall continue for a period of thirty (30) days after written notice thereof to the defaulting
Ply.
(2) Any warranty, representation or other statement by, or on behalf of, the County or
Municipalities contained in this Agreement or in any information furnished by the FKAA or the County
or Municipalities in compliance with, or in reference to, this Agreement, is proven to be materially false
or misleading.
(3) An order or decree entered, with the acquiescence of the Authority or the City, appointing
a receiver for the FKAA or the Municipalities; or if such order or decree, having been entered without the
consent or acquiescence of the FKAA or the Municipalities, shall not be vacated, discharged or stayed on
appeal within sixty (60) days after the entry thereof.
(4) Any bankruptcy, insolvency or other similar proceeding instituted by, or against, the
FKAA or the Municipalities under federal or state bankruptcy or insolvency law now or hereafter in effect
and, if instituted against the FKAA or the Municipalities, is not dismissed within sixty (60) days after
filing.
SECTION 5.02 DELAY AND WAIVER. No delay or omission by the FKAA or the County or
Municipalities, to exercise any right or power accruing upon an event of default shall impair any such
right or power nor shall be construed to be a waiver of any such default or acquiescence therein, and
every such right and power may be exercised as often as may be deemed expedient. No waiver of any
default under this Agreement shall extend to or affect any subsequent event of default, whether
concerning the same or different provision of this Agreement, nor shall such waiver impair consequent
rights or remedies of the Parties hereunder.
G
ARTICLE VI
GENERAL, PROVISIONS
SECTION 6.01 ASSIGNMENT OF RIGHTS UNDER AGREEMENT. Neither the FKAA
nor the County or Municipalities shall have the power to assign rights or obligations created by this
Agreement to any third party without the prior written consent of the other party.
SECTION 6.02 AMENDMENT OF AGREEMENT. This Agreement may be amended in only
in a writing signed by representatives of the parties with authority to bind them.
SECTION 6.03 SEVERABILITY. If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement.
The FKAA, the County and Municipalities agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken provision.
SECTION 6.04 ATTORNEY'S FEES AND COSTS. The FKAA, the County and
Municipalities agree that in the event any cause of action or administrative proceeding is initiated or
defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an
award against the non -prevailing party, and shall include attorney's fees, court costs, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant
to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County,
SECTION 6.05 ADJUDICATION OF DISPUTES OR DISAGREEMENTS. The parties agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between
representatives of each of the parties. If no resolution can be agreed upon within thirty (30) days after the
first meet and confer session, the issue or issues shall be discussed at a joint public meeting of the
governing bodies of the parties. If the issue or issues are still not resolved to the satisfaction of both
7
parties, then either shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law; provided, however, the unresolved issue or issues shall be submitted to
mediation prior to the institution of any administrative or legal proceeding.
SECTION 6.06 NONDISCRIMINATION. The Parties agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without
any further action on the part of any party, effective the date of the court order. The Parties agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: (1) Title VI of the Civil Rights Act of 1964 (P.L.
88-352) which prohibits discrimination on the basis of race, color or national origin; (2) Section 504 of
the Rehabilitation Act of 1973, as amended (20 U.S.C. s. 794), which prohibits discrimination on the
basis of handicap; (3) The Age Discrimination Act of 1975, as amended (42 U.S.C. ss. 6101-6107), which
prohibits discrimination on the basis of age; (4) The Drug Abuse Office And Treatment Act of 1972 (P.L.
92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (5) The Comprehensive
Alcohol Abuse And Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health
Service Act of 1912, ss. 523 and 527, (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (7) The Americans With Disabilities Act of
1990 (42 U.S.C. s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on
the basis of disability; (8) The Florida Civil Rights Act of 1992, (Chapter 760, Florida Statutes, and
Section 509.092, Florida Statutes), as may be amended from time to time, relating to nondiscrimination;
and (9) any other nondiscrimination provisions in any federal or state statutes or local ordinances which
may apply to the parties to, or the subject matter of, this Agreement.
SECTION 6.07 COOPERATION. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or breach of this
Agreement, the parties agree to participate, to the extent reasonably required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement
or provision of the services under this Agreement. The Parties specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any
Attachment or, Addendum to this Agreement.
8
SECTION 6.08 COVENANT OF NO INTEREST. The Parties covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
SECTION 6.09 CODE OF ETHICS. The parties agree that their officers and employees
recognize and will be required to comply with the standards of conduct relating to public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public
position, conflicting employment or contractual relationship; and disclosure or use of certain information.
SECTION 6.10 NO SOLICITATION/PAYMENT. The Parties warrant that, in respect to itself,
it has neither employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission., percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of this provision, the each party agrees that the
other party shall have the right to terminate this Agreement without liability and, at its discretion, to offset
from monies, owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
SECTION 6.11 PUBLIC ACCESS TO RECORDS, The Parties shall allow and permit
members of the public reasonable access to, and inspection of, all documents, papers, letters, or other
materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the parties in
conjunction with this Agreement.
SECTION 6.12 NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec.
768.28, Florida Statutes, the participation of the Parties in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government Iiability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any
contract entered into by a party be required to contain any provision for waiver.
SECTION 6.13 LEGAL OBLIGATIONS; NON -DELEGATION OF DUTIES. This Agreement
is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or
6
responsibility imposed upon the entity by law except to the extent of actual and timely performance
thereof by any other participating entity, in which case the performance may be offered in satisfaction of
the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of either parry, except to the extent
permitted by law.
SECTION 6.14 NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to
rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party
claim or entitlement to or benefit of any service or program contemplated hereunder, and the parties agree
that neither the FKAA nor the County and Municipalities or any agent, officer, or employee of each shall
have the authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated in this Agreement.
SECTION 6.15 NO PERSONAL LIABILITY. No covenant or agreement contained herein
shall be deemed to be a covenant or agreement of any member, officer, agent or employee of a party in
his or her individual capacity, and no member, officer, agent or employee of a party shall be liable
personally on this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
SECTION 6.16 SECTION HEADINGS. Section headings have been inserted in this Agreement
as a matter of convenience for reference only, and it is agreed that such section headings are not a part of
this Agreement and will not be used in the interpretation of any provision of this Agreement.
SECTION 6.17 GOVERNING LAW; VENUE. This Agreement shall be governed by and
construed in accordance with the Laws of the State of Florida applicable to contracts made and to be
performed entirely in the State. In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Agreement, the Parties agree that venue will fie in
the appropriate court or before the appropriate administrative body in Monroe County, Florida.
SECTION 6.18 CONSTRUCTION. This Agreement has been carefully reviewed by the
FIGAA, the County and the Municipalities. Therefore, this Agreement is not to be construed against any
Party on the basis of authorship.
in
ARTICLE VII
EXECUTION OF AGREEMENT
SECTION 7.01 COUNTERPARTS. This Agreement shall be executed in three or more
counterparts, any of which shall be regarded as an original and all of which shall constitute but one and
the same instrument.
SECTION 7.02 SUPERSEDES OTHER AGREEMENTS. The Parties agree that this
Agreement represents their mutual agreement and replaces and supersedes any prior agreements,
understandings, or communications on the subject of the Agreement, whether written or oral.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on their
behalf by the FKAA Board of Directors Chairman, Board of County Commissioners Mayor, City of
Islamorada Mayor, City of Key Colony Beach Mayor, City of Key West Mayor, City of Layton Mayor
and the City of Marathon Mayor.
(SEAT.) THE FLORIDA KEYS AQUEDUCT
AUTHORITY
ATTEST: By:
J. Robert Dean, Chairman
Clerk
(SEAL)
ATTEST:
DANNY L. KOLHA.GE, CLERK
Deputy Clerk
(SEAL)
ATTEST:
Clerk
11
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
�0
Mayor Mario DiGennaro
MONROE COUNTY ATTORNEY
JAPROVED TO RM:
t
SUSAN M. GRI LEY
ASSISTANTCO TY ATT NEY
CITY OF ISLA.MOIf1t &A. _.... { ZLOc1571-
0
Mayor