Item N7BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: _February 20, 2013______ Division: _County Administrator________
Bulk Item: Yes _x No Department: _County Administrator________
Staff Contact/Phone #: _Roman Gastesi/292-4441__
AGENDA ITEM WORDING:
Approval of an interlocal agreement regarding the distribution of the
second year allocation of State funding through the Save Our Everglades Trust Fund.
ITEM BACKGROUND:
In 2008 the State Legislature approved a modification to FS 215.619
authorizing the issuance of up to $200 million of bonds for Keys wastewater projects through the Save
Our Everglades Trust Funds otherwise known as the Mayfield bonds. In 2012, the State approved the
first year allocation of $50 million of which $20 million was designated for the Village of Islamorada
and $30 million was designated for the County.
This agreement establishes a distribution formula for the anticipated $50 million for year two, which
the Legislature will consider in the upcoming 2013 legislative session. The parties to the agreement
are the City of Key Colony Beach ($1million), City of Key West ($4 million), City of Marathon ($20
million), Florida Keys Aqueduct Authority ($5 million), Key Largo Wastewater Treatment District
($20 million), Village of Islamorada ($0) and Monroe County ($0).
PREVIOUS RELEVANT BOCC ACTION:
06/20/12 Discussion of the basis for allocation of
future Mayfield grant distributions & direction for discussions with the municipalities and special
district to determine what those allocation should be.
CONTRACT/AGREEMENT CHANGES:
__________________________________________________________________________________
STAFF RECOMMENDATIONS: Approval
TOTAL COST:n/a INDIRECT COST: n/a BUDGETED:
n/a
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY: n/a SOURCE OF FUNDS:
n/a
REVENUE PRODUCING:
n/a
APPROVED BY:
County Atty OMB/Purchasing Risk Management ____
DOCUMENTATION:
Included Not Required____
DISPOSITION:AGENDA ITEM #
Revised 7/09
STATE WASTEWATER FUNDING
DISTRIBUTION AGREEMENT
FOR“YEAR TWO OF FOUR”
THIS AGREEMENT
(“Agreement”) made and entered into this _____ day of
_______________, 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 “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
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
nativeaquatic 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-mandatedwastewater 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 Fundsin 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:
D
1.-As used herein, the following terms shall have the following meanings,
EFINITIONS
unless the context clearly otherwise requires:
ûÕÊ××Ï×ÎÈ shall mean this Interlocal Agreement.
ûÇÈÔÍÊÓÂ×Ø íÖÖÓÙ×Ê 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.
öÓÉÙÛÐ ã×ÛÊ 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.
öÇÎØ öÇÎØÉ ÍÊ öÇÎØÓÎÕ shall mean the Mayfield Grant Fund,Mayfield Grant Funding, or State
Wastewater Funding.
ïÛÃÖÓ×ÐØ õÊÛÎÈ öÇÎØ ÍÊ éÈÛÈ× åÛÉÈ×ÅÛÈ×ÊöÇÎØ 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.
ìÛÊÈà ÍÊ ìÛÊÈÓ×É shall mean the signatories to this Agreement, individually or collectively (to wit:
the County, FKAA, Key Colony Beach, Key West, KLWTD, Islamorada, and Marathon.
éÈÛÈ×shall mean the State of Florida.
åÛÉÈ×ÅÛÈ×Ê shall mean sewage or effluent of any nature or originating from any source
ã×ÛÊ èÅÍ ÍÖ öÍÇÊ shall mean the second of four $50 million yearly allocations of ïÛÃÖÓ×ÐØ õÊÛÎÈ
öÇÎØÉ
R.
2.
ECITALS
The recitals set forth above are true and correct and are hereby incorporated in this
Agreement.
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EDT.
3.
FFECTIVE ATE ANDERM
(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.
DF
4..
ISTRIBUTION OF UNDS
(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 FUNDINGSCHEDULE
Wastewater Project
Amount
)
(Recipient
County$0
FKAA$5,000,000
Key Colony Beach$1,000,000
Key West$4,000,000
KLWTD$20,000,000
Islamorada$0
Marathon$20,000,000
TOTAL$50,000,000
(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 ÌÊÍ ÊÛÈÛ 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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UF.
5.
TILIZATION OF UNDING
(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.
NGD.
6.
OUARANTEED ISTRIBUTION 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 thebonding, appropriations,
and distribution processes of the State, and (c) Paragraph 4 of this Agreement.
J
7.C
OINT OOPERATION
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 appropriatethe 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 ofMayfield 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 shallkeep the other Parties informed of all meetings, trips, telephone calls,
and developments in a timely fashion. Each Party shallprovide such information with
enough notice to enable the other Parties to participate in and/or attend such meetings,
trips, or telephone calls, if appropriate.
R–AA
8..
ECORDS CCESS AND UDITS
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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A
9..
SSIGNMENT
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 ofthe Parties.
S
10..
UBORDINATION
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.
I
11..
NCONSISTENCY
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.
N
12..
OTICES
Unless otherwise specified, all Notices must be sent by certified mail to the following:
FLORIDA KEYS AQUEDUCT Key West, FL 33040
AUTHORITY
Executive DirectorISLAMORADA VILLAGE OF ISLANDS:
1100 Kennedy DriveVillage Manager
Key West, FL 33040868000 Overseas Highway
Islamorada, Florida 33036
KEY COLONY BEACH:
City Attorney, Thomas D. WrightMARATHON:
9711 Overseas HighwayCity Manager
Marathon, FL 330519805 Overseas Highway
&Marathon, FL 33050
City Administrator
P.O. Box 510141
Key Colony Beach, FL 33051-0141
KEY LARGO WASTEWATER
TREATMENT DISTRICT:MONROE COUNTY:
General ManagerCounty Administrator
PO Box 4911100 Simonton Street, Suite 205
Key Largo, Florida 33037Key West, FL 33040
&
KEY WEST:County Attorney
City ManagerP.O. Box 1026
3132 Flagler AvenueKey West, FL 33041-1026
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N-RN-P.
13.
ONELIANCE BY ONARTIES
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.
H.
14.
EADINGS
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.
IAP.
15.
MPLEMENTING CTIONS OF THE ARTIES
The Parties shall take any and all necessary and appropriate actions relating to the
implementation of this Agreement.
DR.
16.
ISPUTE ESOLUTION
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”.
A’FC.
17.
TTORNEYSEES AND OSTS
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.
GL;V.
18.
OVERNING AWENUE
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.
HH
19..
OLD ARMLESS
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.
C.
20.
OUNTERPARTS
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.
JP.
21.
OINT REPARATION
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.
FU.
22.
ULL NDERSTANDING
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.
IA.
23.
NTERLOCALGREEMENT
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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CITY OF KEY COLONY BEACH, FLORIDA
Ronald A. Sutton, Mayor
(SEAL)
ATTEST:
Vickie L. Bollinger, City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Thomas D. Wright, City Attorney
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CITY OF KEY WEST, FLORIDA
Craig Cates, Mayor
(SEAL)
ATTEST:
Cheryl Smith, City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Shawn Smith, City Attorney
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CITY OF MARATHON, FLORIDA
Mike Cinque,Mayor
(SEAL)
ATTEST:
Diane Clavier, City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
John Herin, City Attorney
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FLORIDA KEYS AQUEDUCT AUTHORITY
J Robert Dean, Chair
(SEAL)
ATTEST:
Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Robert T. Feldman, General Counsel
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KEY LARGO WASTEWATER TREATMENT
DISTRICT
Robert Majeska, Chair
(SEAL)
ATTEST:
Carol Walker, District Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Raymond Giglio, General Counsel
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ISLAMORADA, VILLAGE OF ISLANDS,
FLORIDA
Ken Philipson, Mayor
(SEAL)
ATTEST:
Village Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Nina Boniske, Village Attorney
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