Item O2BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
M, ting Date October 15, 2003 Division County Attorney
.ENDA ITEM WORDING
Approval of an interlocal agreement with FKAA for engineering design/performance study
for Big Coppitt Key wastewater treatment.
ITEM BACKGROUND
PREVIOUS RELEVANT BOCC ACTION
Authorized by BOCC at their September 17, 2003 meeting.
CONTRACT/AGREEMENT CHANGES
STAFF RECOMMENDATIONS
TOTAL COST
COST TO COUNTY
APPROVED BY:
BUDGETED Yes No
SOURCE OF FUNDS
County Attorney O OMB/Purchasing ❑ Risk Management ❑
DIVISION DIRECTOR APPROVAL:
N . COLLINS
DOCUMENTATION: Included ❑ To Follow ❑ Not Required ❑
AGENDA ITEM # _ Z
INTERLOCAL AGREEMENT
FKAA
THIS INTERLOCAL AGREEMENT is entered into pursuant to Sec. 163.01, FS., by
and between Monroe County, a political subdivision of the State of Florida, (County), and
the Florida Keys Aqueduct Authority, Inc., an independent special district, (FKAA).
WHEREAS, the County is authorized by Sec. 125.01(1), FS, to provide, assist in
providing, and fund centralized wastewater treatment systems;
WHEREAS, Chap. 99-395, Sec. 6, Laws of Florida, and the County's
Comprehensive Plan require that certain wastewater treatment levels be achieved by
2010, levels which can best be achieved by central wastewater treatment systems;
WHEREAS, the FKAA is authorized by Chap. 77-441, Laws of Florida, to design,
construct, and operate, wastewater treatment systems;
WHEREAS, the County and the FKAA have determined that environmental
concerns have created an urgent need to provide Big Coppitt Key with central
wastewater treatment capability; and l
WHEREAS, the County desires to fund the FKAA's preparation of..per�gw
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standards and criteria for the design and engineering of a central wastewater treatment
system for Big Coppitt Key; now, therefore
IN CONSIDERATION of the mutual consideration and promises set forth below, the
parties agree as follows:
1. The County shall immediately appropriate, from any lawfully available source, the
sum of $40,000 to fund the preparation by the FKAA of performance standards and
criteria for a centralized wastewater collection and treatment system for Big Coppitt
Key. The standards and criteria prepared by the FKAA must be sufficient so that an
engineering firm could utilize them, without any significant modification, in designing a
centralized wastewater collection and treatment system for Big Coppitt Key. The FKAA
must complete the preparation of the standards and criteria within six (6) months of the
effective date of this agreement unless the time for completion is extended a by mutual
written agreement.
2. For the services described in paragraph one of this agreement, the County
shall pay the FKAA the $40,000 on a monthly reimbursement basis upon the submission
to the County Marine Resources Director (MRD) of an invoice stating the amount due
and describing the services performed. The invoice must be in a form satisfactory to the
MRD and Clerk of the Circuit Court (Clerk). If the MRD approves the invoice he shall
forward the same to the Clerk for payment. If the MRD or the Clerk determine the
submitted invoice is unacceptable, either of them shall return it to the FKAA in writing
with a written description of the deflciency(ies). All FKAA financial records pertaining to
this agreement must be made available, upon request, to the Clerk, an auditor
employed by the County or the State of Florida. The records must be retained by the
FKAA for three years following the receipt by the FKAA of its last payment pursuant to
this agreement. Any funds transferred by the County to the FKAA under this agreement
that are determined by the Clerk, an auditor employed by the County or employed by
the State to have been spent on a purpose not contemplated by this agreement must be
paid back to the County with interest calculated pursuant to Sec. 55.03(1), FS, from the
date the auditor determines the funds were expended for a purpose not authorized by
this agreement. The FKAA agrees that the maximum reimbursement amount under this
agreement may not exceed $40,000.
3. The parties agree that this written document represents their final mutual
agreement and replaces any prior agreements, understandings, or communications on
the subject matter of this agreement, whether written or oral.
4. This agreement will take effect on the date a copy executed by both parties
is filed with the Clerk of the Courts of Monroe County, Florida.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By
Deputy Clerk
(SEAL)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
FLORIDA KEYS AQUEDUCT AUTHORITY, INC.
BY By -
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