02/20/2013 AgreementAMY HEA VILIN, CPA
CLERK OF THE CIRCUIT COURT
DATE: March 21, 2013
TO: Bob Shillinger
County Attorney
ATTN: Kathy Peters
FROM: Pamela G. Hancocj'C
At the February 20, 2013, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Item N7 an Interlocal agreement regarding the distribution
of the second year allocation of State funding through the Save Our Everglades Trust Fund.
Attached is a duplicate original of the above - mentioned for your handling. Should you
have any questions, please feel free to contact our office.
cc: Finance
File
STATE WASTEWATER FUNDING
DISTRIBUTION AGREEMENT
FOR "YEAR TWO OF FOUR"
THIS AGREEMENT ( "Agreement ") made and entered into this 20th day of
February , 2013, by and between the following Parties for the distribution of the second of
four $50 million yearly allocations of State funding from the Save Our Everglades Trust Fund.
PARTIES:
CITY OF KEY COLONY BEACH (hereinafter referred to as "Key Colony Beach'), a municipal
corporation of the State of Florida, whose address is P.O. Box 510141, Key Colony Beach, FL
33051 -0141; and
CITY OF KEY WEST (hereinafter referred to as "Key West "), a municipal corporation of the
State of Florida, whose address is 3132 Flagler Avenue, Key West, FL 33040, and
CITY OF MARATHON (hereinafter referred to as "Marathon"), a municipal corporation of the
State of Florida, whose address is 9805 Overseas Highway, Marathon, FL 33050; and
FLORIDA KEYS AQUEDUCT AUTHORITY (hereinafter referred to as "FKAA), an
independent special district established under the Laws of Florida, whose address is 1100 Kennedy
Drive, Key West, FL 33040; and
KEY LARGO WASTEWATER TREATMENT DISTRICT (hereinafter referred to as
"KLWTD "), an independent special district established under the Laws of Florida, whose address is
P.O. Box 491, Key Largo, FL 33037; and
ISLAMORADA, VILLAGE OF ISLANDS (hereinafter referred to as " IslamoraM ), a municipal
corporation of the State of Florida, whose address is 86800 Overseas Highway, Islamorada, FL
33036; and
MONROE COUNTY (hereinafter referred to as "County"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Suite 205, Key West, FL 33040; and
WITNESSETH:
WHEREAS, Monroe County contains a National Marine Sanctuary (Florida Keys National
Marine Sanctuary), several Federal and State Parks, and State Aquatic Preserves (Coupon Bight
Aquatic Preserve and Lignumvitae Key Aquatic Preserve); and
WHEREAS, Monroe County and Key West were determined by the State Legislature to be
areas containing, or having a significant impact upon, environmental or natural resources of
regional or statewide importance that is so environmentally sensitive and fragile, that Monroe
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County and Key West were designated by the State as Areas of Critical State Concern pursuant to
Sections 380.05, Florida Statutes; and
WHEREAS, the Florida Department of Environmental Protection has determined that
excessive nutrients are a primary contributor to water quality degradation in the Florida Keys,
leading to depressed oxygen levels, increased algae and an imbalance in the number and diversity of
native aquatic life, and
WHEREAS, in 1999, the State Legislature established binding treatment and disposal
requirements for all wastewater management facilities in Monroe County; and
WHEREAS, the County, FKAA, Key Colony Beach, Key West, KLWTD, Islamorada, and
Marathon (collectively, the "Parties "), are all engaged in efforts to provide centralized wastewater
treatment plants and collection systems throughout the Florida Keys and to upgrade and improve
existing wastewater treatment systems to protect the fragile ecosystem of the Florida Keys and to
comply with the requirements of Chapter 99 -395; and
WHEREAS, the responsibility for financing the construction or upgrade of wastewater
management facilities in the Florida Keys resides with the Parties to this Agreement and the
business owners, homeowners, and property owners in the areas served by the Parties; and
WHEREAS, in 2008 the State Legislature approved a modification to Section 215.619,
Florida Statutes, authorizing the issuance of $200 million of Everglades restoration bonds for the
purpose of implementing the Florida Keys Area of Critical State Concern protection program under
Sections 380.05 and 380.0552, Florida Statutes; and
WHEREAS, the Florida Keys Area of Critical State Concern protection program calls for
the restoration and conservation of natural systems through, among other things, the
implementation of state - mandated wastewater management projects identified in the Keys
Wastewater Plan, dated November 2007, and submitted to the Florida House of Representatives on
December 4, 2007; and
WHEREAS, the $200 million generated by the issuance of Everglades restoration bonds is
administered by the Florida Communities Trust (the "Mayfield Grant Funds'); and
WHEREAS, in March of 2012, the State Legislature appropriated and the Governor
subsequently approved, the first of four $50 million yearly allocations of the $200 million in
Mayfield Grant Funds; and
WHEREAS, the first of four $50 million yearly allocations of Mayfield Grant Funds was
disbursed with the stipulation that 60% of the said $50 million be distributed to the County for the
Cudjoe Regional Wastewater Project and that 40% be distributed to Islamorada; and
WHEREAS, the Parties anticipate the State will disburse the second or Year Two of Four
distribution of Mayfield Grant Funds -in Fiscal Year 2013; and
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WHEREAS, this Agreement details and specifies the Year Two of Four distribution of
Mayfield Grant Funds that the Parties have determined to be, and have agreed would be fair and
equitable to all Parties.
NOW, THEREFORE, in consideration of the mutual covenants set forth in this
Agreement, and other valuable consideration, the sufficiency and receipt of which is acknowledged
by all of the Parties, the Parties hereby agree as follows:
1. DEFINITIONS - As used herein, the following terms shall have the following meanings,
unless the context clearly otherwise requires:
Agreement shall mean this Interlocal Agreement.
Authorized Officer shall mean the Mayors of the County, Key Colony Beach, Key West,
Islamorada, and Marathon, and the Chairperson of the Boards of the FKAA and the KLWTD.
Fiscal Year shall mean the State of Florida fiscal year, i.e., the period commencing on July 1 of
each year and continuing through the next succeeding June 30, or such other period as may be
prescribed by law.
Fund, Funds or Funding shall mean the Mayfield Grant Fund, Mayfield Grant Funding, or State
Wastewater Funding.
Mayfield Grant Fund or State Wastewater Fund shall mean the $200 million authorized by the State
Legislature pursuant to Section 215.619, Florida Statutes and distributed by the State to the Parties
pursuant to Section 215.619(1)(a)2, Florida Statutes.
Party or Parties shall mean the signatories to this Agreement, individually or collectively (to wit:
the County, FKAA, Key Colony Beach, Key West, KLWTD, Islamorada, and Marathon.
State shall mean the State of Florida.
Wastewater shall mean sewage or effluent of any nature or originating from any source.
Year Two of Four shall mean the second of four $50 million yearly allocations of Mayfield Grant
Funds.
2. RECITALS.
The recitals set forth above are true and correct and are hereby incorporated in this
Agreement.
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EFFECTIVE DATE AND TERM.
(a) This Agreement shall take effect on the date it is fully executed by the Authorized
Officer of all of the Parties.
(b) This Agreement shall continue in full force and effect until:
1) All of the anticipated Year Two of Four Mayfield Grant Funding has been
distributed to the Parties in accordance with this Agreement and there are no
additional Year Two of Four Mayfield Grant Funds available to be distributed; or
2) This Agreement is terminated by the mutual consent of all of the Parties, in writing.
4. DISTRIBUTION OF FUNDS.
(a) If the State appropriates the anticipated Year Two of Four $50 million allocation of
Mayfield Grant Funds, all such Funding so received shall be distributed to the Parties in
accordance with and pursuant to the distribution schedule set forth below.
YEAR TWO of FOUR
STATE WASTEWATER FUNDING SCHEDULE
Wastewater Project
(R ecipient)
Amount
County
$0
FKAA
$5,000,000
Key Colony Beach
$1000,000
Key West
$4,000,000
KLWTD
$20,000,000
Islamorada
$0
Marathon
$20,000,000
TOTAL
$50
(b) In the event the State appropriates less than the anticipated $50 million Year Two of
Four allocation of Mayfield Grant Funds, all such Funding received shall be distributed
to the Parties on a pro rata basis pursuant to the distribution schedule as set forth in
paragraph 4. (a) above.
(c) In the event the State appropriates less than the anticipated $50 million Year Two of
Four allocation Annual Appropriation, the State subsequent appropriation of the Year
Three, Four, Five, etc., of the Mayfield Grant shall continue to be distributed on a
prorate basis predicated on the Paragraph 4a distribution schedule until such time as all
parties have received the allocation amount specified in Paragraph 4a.
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5. UTILIZATION OF FUNDING.
(a) Any Mayfield Grant Funds received by the Parties from the State shall be utilized by the
Parties to finance or refinance the cost of constructing sewage collection, treatment, and
disposal facilities; or any other lawful purpose in accordance with the laws, statutes,
rules, and regulations promulgated by the State with reference to the expenditure of any
such Funds.
6. NO GUARANTEED DISTRIBUTION AMOUNT.
The amount of Funding to be received by each Party pursuant to this Agreement is
dependent upon (a) the amount of Funding actually received from the State, (b) the restrictions and
requirements set forth in Section 215.619, Florida Statutes, as well as the bonding, appropriations,
and distribution processes of the State, and (c) Paragraph 4 of this Agreement.
7. JOINT COOPERATION
The Parties agree to cooperate and to use their best efforts and their joint resources to
advocate for the appropriation and distribution of the $50 million Year Two of Four allocation of
Mayfield Grant Funds to the Parties. Toward that end:
(a) The parties agree to utilize their state lobbyist(s) (if applicable) to request the State
Legislature and the Governor to approve and appropriate the Year Two of Four
allocation of Mayfield Grant Funds to the Parties pursuant to Paragraph 4a and in
accordance with this Agreement.
(b) The parties agree to coordinate their lobbying efforts and to work in good faith with each
other. In exercising "good faith ", a party shall not lobby against the interests of the other
parties as it pertains to Year 2 of 4 allocation of Mayfield Grants. Each party shall make
reasonable efforts to keep the other parties advised of their own lobbying activities as it
relates to State wastewater funding.
(c) Each Party shall keep the other Parties informed of all meetings, trips, telephone calls,
and developments in a timely fashion. Each Party shall provide such information with
enough notice to enable the other Parties to participate in and/or attend such meetings,
trips, or telephone calls, if appropriate.
H. RECORDS — ACCESS AND AUDITS.
All Parties shall maintain adequate and complete records for a period of four years after each
Annual Allocation. Each Party, its officers, employees, agents and contractors shall, upon proper
request, have access to the books, records, and documents of the other Parties, related to this
Agreement. The access to and inspection of such books, records, and documents by the Parties
shall occur at a reasonable time upon reasonable notice.
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9. ASSIGNMENT.
No Party may assign this Agreement or any of its obligations under this Agreement without
the approval of the other Parties. All the obligations of this Agreement will extend to and bind the
legal representatives, successors and assigns of all of the Parties.
10. SUBORDINATION.
This Agreement is subordinate to the laws and regulations of the United States, and the State
of Florida, whether in effect on commencement of this agreement or adopted after that date.
11. INCONSISTENCY.
If any item, condition or obligation of this Agreement is in conflict with other items in this
Agreement, the inconsistencies shall be construed so as to give meaning to those terms which limit
the responsibility and liability of each Party.
12. NOTICES.
Unless otherwise specified, all Notices must be sent by certified mail to the following:
FLORIDA KEYS AQUEDUCT Key West, FL 33040
AUTHORITY
Executive Director ISLAMORADA VILLAGE OF ISLANDS:
1100 Kennedy Drive Village Manager
Key West, FL 33040 868000 Overseas Highway
Islamorada, Florida 33036
KEY COLONY BEACH:
City Attorney, Thomas D. Wright
9711 Overseas Highway
Marathon, FL 33051
City Administrator
P.O. Box 510141
Key Colony Beach, FL 33051 -0141
KEY LARGO WASTEWATER
TREATMENT DISTRICT:
General Manager
PO Box 491
Key Largo, Florida 33037
KEY WEST:
City Manager
3132 Flagler Avenue
MARATHON:
City Manager
9805 Overseas Highway
Marathon, FL 33050
MONROE COUNTY:
County Administrator
1100 Simonton Street, Suite 205
Key West, FL 33040
County Attorney
P.O. Box 1026
Key West, FL 33041 -1026
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13. NON - RELIANCE BY NON - PARTIES.
No Non -Party 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 or benefit of any
service or program contemplated hereunder, and each Party agrees that neither the Party nor any
officer, agent, or employee of the Party shall have the authority to inform, counsel or otherwise
indicate that any particular individual or groups 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 under this Agreement.
14. HEADINGS.
The headings and other captions contained in this Agreement are provided for reference
and convenience purposes only and are in no way intended to describe, interpret, define, expand,
or limit the scope, extent, or intent of this Agreement, or any provision hereto.
15. IMPLEMENTING ACTIONS OF THE PARTIES.
The Parties shall take any and all necessary and appropriate actions relating to the
implementation of this Agreement.
16. DISPUTE RESOLUTION.
With respect to any dispute, claim, or controversy arising out of or relating to this
Agreement, or any Party's performance thereof, or the breach, termination, enforcement,
interpretation or validity thereof, the Parties shall utilize the process for dispute resolution set
forth in Chapter 164, known as the "Florida Governmental Conflict Resolution Act".
17. ATTORNEYS' FEES AND COSTS.
In the event there is litigation arising under or related to Agreement, each Party shall pay
its own attorneys' fees and costs and expenses incurred in enforcing the Agreement including
any appellate attorney's fees.
18. GOVERNING LAw; VENUE.
This Agreement shall be governed by and construed according to the laws of the State of
Florida and venue shall be proper exclusively in Monroe County.
19. HOLD HARMLESS.
To the extent provided by law and without waiving Sovereign Immunity, each Party agrees
to fully hold harmless, indemnify, defend, discharge and release the other Parties, their officers,
employees, agents, contractors and subcontractors from and against any and all causes of action,
claims, costs, demands, expenses and losses of whatever type that arise out of or are attributable to
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this Agreement; except for any causes of action, claims, costs, demands, expenses and losses that
are the result of the sole negligence or malfeasance of the respective Party.
20. COUNTERPARTS.
This Agreement may be executed in any number of counterparts and by each Party on
separate counterparts, each of which, when so executed and delivered, shall be an original and all
of which shall together constitute one and the same Agreement. Signature pages may be
detached from the various counterparts and attached to a single copy of this document to
physically form one document. A facsimile version of any signature shall be deemed an original
for all purposes.
21. JOINT PREPARATION.
The preparation of this Agreement has been a joint effort of the Parties, and this
Agreement has been carefully reviewed by the Parties. Therefore this Agreement shall not,
solely as a matter of judicial interpretation, be construed more severely against one of the Parties
than the other.
22. FULL UNDERSTANDING.
This Agreement is the Parties' final mutual understanding regarding the subject matter
hereof. It replaces and supersedes any earlier prior and contemporaneous agreements or
understandings, whether written or oral. This Agreement may be modified and amended only by
written instrument executed by the Parties hereto.
23. INTERLOCAL AGREEMENT.
This Agreement shall constitute an inter -local agreement pursuant to Section 163.01,
Florida Statutes.
IN WITNESS WHEREOF, the Parties hereto have caused these presents to be executed
by their Authorized Officers and have affixed their corporate seals hereon.
[SIGNATURES ON FOLLOWING PAGES]
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BOARD OF COUNTY COMMISSIONERS OF
MO OE COUNT , FLORIDA
George Ne ent, Mayor
(SEAL)
ATTEST: Amy Heavlin, Clerk
Deputy Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Robert B. Shillinger, County Attorney
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CITY OF KEY COLONY BEACH, FLORIDA
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Ronald A. Sutton, Mayor
(SEAL)
ATTEST:
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City Cl irk
Cc, +ky k"r<<n9er
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Thomas D. Wright, City Attorne
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CITY OF KEY WEST, FLORIDA
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Craig dates, Mayor
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APPROVED AS TQ AND LEGAL SUFFICIENCY
- �96wn Smith, City AAorney
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(SEAL)
ATTEST:
Diane Clavier, City Clerk
FORM AND bEGAL SUFFICIENCY:
•
John He , C tv Atto ev
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CITY OF MARATHON, FLORIDA
FLORIDA KEYS AQUEDUCT AUTHORITY
FKAA Board Approved:
February 27, 2013
(SEAL)
WK �L wow /
ATTEST:
Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
G
T. Fe , General Counsel
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KEY LARGO WASTEWATER TREATMENT
. Seal
ATTEST:
Carol Walker, District Clerk
AP OVED AS TO FORM AND LEGAL SUFFICIENCY:
Raymon Giglio, General Counsel
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ISLAMORADA, VILLAGE OF ISLANDS,
FLORIDA
V4tJ 6D
Ken PlAilipson, Mayor
(SEAL)
ATTEST:
dlAt � 1,,�
Vill ge Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Nina Boniske, Village Attorney
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