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Item J2 BOARD OF COUNTY COMMISSIONERS Agenda Item Summary Meeting Date March 17, 2004 Division County Attorney AGENDA ITEM WORDING Approval of an Amendment to an Interlocal Agreement with FKAA concerning the levy of ad valorem assessments by four MSTU's for the design and planning of central wastewater treatment infrastructure. ITEM BACKGROUND At the November 19, 2003 meeting the Board approved the original Interlocal Agreement. PREVIOUS RELEVANT BOCC ACTION See above. CONTRACT I AGREEMENT CHANGES Subparagraph 2(b) alters the original Interlocal Agreement, which was on a reimbursement basis, to one that allows payment to the FKAA in 20% increments. STAFF RECOMMENDATIONS Approval. TOTAL COST BUDGETED Yes No COST TO COUNTY SOURCE OF FUNDS APPROVED BY: County Attorney _ OMB/Purchasing 0 Risk Management 0 DIVISION DIRECTOR APPROVALq J2i!~ 63;.:z./b'l ] HN R. COLLINS DOCUMENTATION: Included 0 To Follow 0 Not Required 0 AGENDA ITEM # J2- AMENDMENT TO AN INTERLOCAL AGREEMENT FKAA THIS AMENDMENT TO AN Interlocal Agreement is entered into 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, in November, 2003, the parties entered into an Interlocal Agreement (the original Interlocal Agreement) whereby the County, through four MSTU's, would levy ad valorem assessments for the design and planning of central wastewater treatment and collection infrastructure serving properties within each MSTU; WHEREAS, the original agreement provided that the FKAA would receive funds from the County on an reimbursement basis; and WHEREAS, the parties desire to provide the funds on an upfront basis; now, therefore IN CONSIDERATION of the mutual promises, benefits and covenants set forth below, the parties agree as follows: 1. A copy of the original Interlocal Agreement is provided for reference. 2. Subparagraph 2(b) of the original Interlocal Agreement is amended to read as follows: b) All funds transferred by the County to the FKAA under this agreement may only be spent for the purposes described in subparagraph 2(a) of this agreement. Commencing on January 5, 2004, the County shall pay to the FKAA 20 % of the amount of ad valorem tax revenue estimated by the Clerk of the Circuit Court (Clerk) to be collected by the MSTU in fiscal year 2004- 2005. Thereafter, during the course of the fiscal year the FKAA may request additional payments of 20% upon submission of documentation of previous expenditures equaling 20% of the total amount of ad valorem revenue collected until the total amount of ad valorem tax revenue collected by the MSTU's for the fiscal year is exhausted. For the purposes of this agreement the phrase "total amount of ad valorem revenue collected" excludes those amounts paid to the Property Appraiser, Tax Collector and Clerk for their services in collecting and dispensing the MSTUs' ad valorem tax revenue. The disbursement process just described shall also be utilized in the subsequent fiscal years of this agreement. ro( No-f '-J'vt:: T ~ ~' ~. 1/ L- e. VrL I Y t to ~e F//~cR, INTERLOCALAGREEMENT FKAA THIS INTERlOCAl AGREEMENT (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 Board of County Commissioners created the following municipal services taxing units (MSTU's): The Marathon MSTU (Ordinance No. 035-2002) The Conch Key MSTU (Ordinance No. 036-2002) The Bay Point MSTU (Ordinance No. 037-2002) The Big Coppitt MSTU (Ordinance No. 038-2002) for the purpose of funding the costs associated with the administration, planning and development of wastewater and reclaimed water projects within the respective MSTU's; and WHEREAS, the FKAA Is authorized by Chap. 76-441, laws of Florida, to design, construct, and operate, wastewater treatment systems and FKAA employs, or has under contract, individuals professionally qualified to accomplish those tasks; and WHEREAS, the County desires that the FKAA perform the planning and development studies necessary as a condition precedent to the construction and operation of central wastewater collection and treatment Infrastructure serving the property owners within each MSTU; and WHEREAS, the FKAA is able and willing to undertake the tasks afore described; now, therefore IN CONSIDERATION of the mutual consideration and promises set forth below, the parties agree as follows: 1. The parties agree that the revenue to fund this agreement consists of the annual ad valorem tax levied on real estate within the following MSTU's controls to insure that ad valorem revenue collected by each MSTU, or funds appropriated by the Board from another lawful source on behalf of property within each of the MSTU's is spent on the design and planning of wastewater collection and treatment infrastructure, and the administrative/legal costs related thereto, serving the improved and developable properties wIthin that MSTU only, except as provided herein for those Items of infrastructure serving multiple MSTU's. b) For the services described in subparagraph 2(a) of this agreement, the County shall pay the FKAA on a monthly reimbursement basis upon the submission to the County Marine Resources Director (MRD) of an invoice stating the amount due, describing the services performed, and stating the MSTU or MSTU's for which the services were 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 deficlency(les). All FKAA financial records pertaining to this agreement must be made available, upon request, to the Clerk and/or to an audItor employed by the County or the State of Rorfda. 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 or 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 reImbursed to the County wIth interest calculated pursuant to Sec. 55.03(1), FS, from the date the Clerk or auditor determines the funds were expended for a purpose not authorized by thIs agreement. c) NotwithstandIng any provision contained elsewhere In this agreement, the FKAA acknowledges and agrees that funds for reimbursement In the initial fiscal year (2003-2004) will not be available until January 5, 2004.