1st Amendment 9/17/2013AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MoxxOE COUNTY, FLORIDA
DATE: November 22, 2013
TO: Roman Gastesi, County Administrator
ATTN: Connie Cyr, Aide to
County Administrator
FROM. Vitia Fernandez, D.C.
At the September 17, 2M, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Item 0-7 Interlocal Agreement amending a February 20, 2013
Interlocal Agreement regarding the distribution of the remaining $150 million in Mayfield Grant
Funds."
Attached is an original copy of the above -mentioned for your handling. Should you have any
questions, please feel free to contact our office.
cc: County Attorney (electronic copy)
Finance (electronic copy)
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
AMENDMENT TO
"STATE WASTEWATER FUNDING
DISTRIBUTION AGREEMENT FOR `YEAR TWO OF FOUR...
THIS AMENDMENT AG EMENT ("Amendment Agreement") is made and
entered into this ��` day of , 2013, to amend the "STATE
WASTEWATER FUNDING DISTRI UTION AGREEMENT FOR `YEAR TWO OF
FOUR,"' entered into the 20th day of February 2013, by and between the following
Parties:
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
autonomous public body corporate and politic 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 "Islamorada"), 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
Page 1 of 13
Amendment to
"State Wastewater Funding Distribution Agreement For `Year Two Of Four"'
WITNESSETH:
WHEREAS, in 2008 the State Legislature authorized the issuance of $200
million of Everglades restoration bonds ("Mayfield Grant Funds"), to be administered by
the Florida Communities Trust; 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 anticipated Mayfield Grant Funds; and
WHEREAS, the first of the four $50 million yearly allocations of Mayfield Grant
Funds was disbursed by the State 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 entered into an Interlocal Agreement, dated the 20th day
of February 2013 ("Original ILA") with reference to the distribution of the anticipated
$50 million "Year Two of Four" of Mayfield Grant Funds; and
WHEREAS, Paragraph "4.(a)" of the Original ILA, details and specifies the
distribution of the anticipated $50 million "Year Two of Four" of Mayfield Grant Funds
that the Parties have determined to be and have agreed would be fair and equitable to all
Parties; and
WHEREAS, the Parties now desire to amend the terms of the Original ILA to
cover how the "Year Two of Four," "Year Three of Four," and "Year Four of Four" of
Mayfield Grant Funds will be disbursed by the State directly to the Parties; and
WHEREAS, notwithstanding any interpretations of Section 215.619 Florida
Statutes to the contrary, the Parties agree that wastewater infrastructure in Key West
(separately designated as an area of Critical State Concern pursuant to Rule 28-36.001
F.A.C.) advances the principles underpinning the Mayfield Grant Funds authorized by
that Section, and that Key West should, therefore, share in appropriations related thereto.
NOW THEREFORE, in consideration of the mutual covenants set forth in this
Amendment Agreement and other valuable consideration the sufficiency and receipt of
which is acknowledged by all of the Parties, the Parties hereby agree as follows:
Page 2 of 13
Amendment to
"State Wastewater Funding Distribution Agreement For `Year Two Of Four"'
1. DEFINITIONS.
Terms defined in Paragraph "1" of the Original ILA have the same meaning in
this Amendment Agreement unless otherwise specified.
2. RECITALS.
The recitals set forth above are true and correct and are hereby incorporated in
this Amendment Agreement.
3. EFFECTIVE DATE AND TERM.
(a) This Amendment Agreement shall take effect on the date it is fully executed
by the Authorized Officer of all of the Parties.
(b) This Amendment Agreement shall continue in full force and effect until:
1) All of the anticipated $200 million of Mayfield Grant Funding has been
distributed to the Parties in accordance with this Amendment Agreement
and there are no additional Mayfield Grant Funds available to be
distributed; or
2) This Amendment Agreement is terminated by the mutual consent of all of
the Parties, in writing.
4. THE ORIGINAL ILA IS HEREBY AMENDED AS FOLLOWS:
(a) All references to "Year Two of Four" are hereby deleted and are replaced by,
"Year Two of Four," "Year Three of Four," and "Year Four of Four".
(b) Paragraph "4," which paragraph is captioned "DISTRIBUTION OF FUNDS," is
deleted in its entirety and replaced by paragraph " S" below.
Page 3 of 13
Amendment to
"State Wastewater Funding Distribution Agreement For `Year Two Of Four"'
5. DISTRIBUTION OF FUNDS.
(a) If the State appropriates the anticipated "Year Two of Four," "Year Three of
Four," and "Year Four of Four" $50 million allocations of Mayfield Grant
Funding, all such Funding so received shall be distributed to the Parties in
accordance with and pursuant to the distribution schedule set forth below.
STATE WASTEWATER FUNDING SCHEDULE
Wastewater Project
(Recipient)
Year 2-4
Total
Amount
Year 2
Year 3
Year 4
Islamorada
$24.50
$ 7.00
$ 8.75
$ 8.75
Marathon
$34.50
$17.00
$ 8.75
$ 8.75
KLWTD
$43.00
$17.00
$12.50
$13.50
Count /FKAA
$34.00
$ 5.00
$15.00
$14.00
Key West
$12.00
$ 3.00
$ 4.00
$ 5.00
Key Colony Beach
$ 2.00
$ 1.00
$ 1.00
$ 0.00
TOTAL
In Millions
$150.00
$50.00
$50.00
$50.00
(b) In the event the State appropriates less than the anticipated $50 million yearly
allocation of "Year Two of Four," "Year Three of Four," and "Year Four of
Four" of Mayfield Grant Funding, 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 5. (a) above. If the provisions of this
paragraph are triggered, the remaining allocation for that year will be
completed prior to the distribution of funds for any subsequent year on the
schedule.
6. ENTIRE AGREEMENT
This Amendment Agreement and the Original ILA embody the entire agreement
between the Parties with reference to the distribution of the balance of the $150 million
of Mayfield Grant Funds. In the event of any conflict or inconsistency between the
provisions of the Original ILA and this Amendment Agreement, the provisions of this
Amendment Agreement shall control and govern. This Amendment Agreement may be
modified and amended only by written instrument executed by the Parties hereto.
However, two or more parties to this agreement may agree by a separate agreement to
redistribute or reallocate their respective shares of the anticipated funds as set forth in the
schedule in paragraph 5(a) by written instrument, which only needs to be executed by the
parties to that separate agreement, subject to appropriate State approvals.
Page 4 of 13
Amendment to
"State Wastewater Funding Distribution Agreement For `Year Two Of Four"'
7. ORIGINAL ILA REMAINS IN FULL FORCE AND EFFECT
Except as specifically modified and amended herein, all of the terms, provisions,
requirements and specifications contained in the Original ILA shall remain in full force
and effect. Except as otherwise expressly provided herein, the parties do not intend to,
and the execution of this Amendment Agreement shall not, in any manner impair the
Original ILA, the purpose of this Amendment Agreement being simply to amend and
ratify the Original ILA, as hereby amended and ratified, and to confirm and carry forward
the Original ILA, as hereby amended, in full force and effect.
8. JOINT COOPERATION.
In accordance with paragraph " 7" of the Original ILA, the Parties agree to
cooperate and to use their best efforts and their joint resources to advocate for the
appropriation of the balance of the $150 million of Mayfield Grant Funds, and the
distribution of those said funds directly to the Parties in accordance with the distribution
schedule as set forth in herein.
9. SEVERABILITY.
If any provision or part of a provision of this Amendment Agreement is found by
a court, arbitrator or other authority of competent jurisdiction to be void or
unenforceable, that provision or part of a provision is to be deemed deleted from this
Amendment Agreement and the remaining provisions to continue in full force and effect.
The Parties shall in this event seek to agree upon a valid and enforceable provision or part
of a provision to replace the provision or part of a provision found to be void and
unenforceable.
10. THIRD PARTY RIGHTS.
No provision of this Amendment Agreement is be construed as creating any rights
enforceable by a third party, and all third party rights implied by law are, to the extent
permissible by law, excluded from this Amendment Agreement.
Page 5 of 13
Amendment to
"State Wastewater Funding Distribution Agreement For `Year Two Of Four"'
11. 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.
12. 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.
13. 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]
Page 6 of 13
Amendment to
"State Wastewater Funding Distribution Agreement For `Year Two Of Four"'
BOARD OF COUNTY
COMMISSIONERS OF MONROE
Neugent Mayor
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Robert B. Shillinger, County Attorney
Page 7 of 13
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Amendment to
"State Wastewater Funding Distribution Agreement For `Year Two Of Four"'
CITY OF KEY COLONY BEACH,
FLORIDA
onald A. Sutton, ayor
(SEAL)
ATTEST:
Cathy H nninger, City ler
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
e z - ,
Thomas D. Wright, City Attorr&y
Page 8 of 13
Amendment to
"State Wastewater Funding Distribution Agreement For 'Year Two Of Four"'
CITY OF KEY WEST, FLORIDA
/-IL, :o�— �--,
Craig Cat ayor
APPROVED AS TO AND ]GAL SUFFICIENCY
Shawn mith, City Atto ey
Page 9 of 13
Amendment to
"State Wastewater Funding Distribution Agreement For `Year Two Of Four '
CITY OF MARATHON,
FLORIDA
(SEAL)
ATTEST:
Diane Clavier, City Clerk
APPROVED AS TO -FORM AND LEGAL SUFFICIENCY:
Page 10 of 13
Amendment to
"State Wastewater Funding Distribution Agreement For 'Year Two Of Four "'
FLORIDA KEYS AQUEDUCT
AUTHORITY
MINIMA 143
M-
(SEAL)
ATTEST:
Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RobertT. FA_dumd, General Counsel
Page 11 of 13
Amendment to
"State Wastewater Funding Distribution Agreement For 'Year 7Wo Of Four"'
KEY LARGO WASTEWATER
TRICT
s���ti►lu►►�ii�cit�r;j I►.
aApO brats
. .. tee<,,,r
wY: eal R bert Majeska,
ATTEST: J
Carol Walker, District Clerk
A O ED AS TO FORM AND LEGAL SUFFICIENCY:
77-•r
moA Giglio, General Counsel
Page 12 of 13
Amendment to
"State Wastewater Funding Distribution Agreement For 'Year Two Of Four "
ISLAMORADA, VILLAGE OF
ISLANDS, FLORIDA
KeiVPhilipson, May r
(SEAL)
ATTEST:
�v.
Vi lage Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Nina Boniske, Vi age Attorney
Page 13 of 13
Amendment to
"State Wastewater Funding Distribution Agreement For `Year Two Of Four"