Item K3
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
May19, 2004
Division
County Attorney
AGENDA ITEM WORDING
Approval of an Interlocal Agreement with FKAA to provide funding for the planning of the
Duck Key with a central wastewater treatment system.
ITEM BACKGROUND
PREVIOUS RELEVANT BOCC ACTION
CONTRACT/AGREEMENTCHANGES
STAFF RECOMMENDATIONS
Approval.
TOTAL COST
BUDGETED Yes No
COST TO COUNTY
SOURCE OF FUNDS
APPROVED BY: County Attorney _
OMB/Purchasing! Risk Management!
DIVISION DIRECTOR APPROVAL~~ r
J. R. COl S
DOCUMENTATION:
Included X
To Follow!
Not Required !
AGENDA ITEM #
K3
INTERLOCAL AGREEMENT
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,
(F'KAA).
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 he achieved by cenrml wastewater treatment systems;
WHEREAS, the FKAA is authorized by Chap. 76-441, 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 Duck Key with central wasteWater
treatment capability; and
WHEREAS, the County desires to allocare funds to the FKAA for the planning,
survey and conceptual design of a central wastewater treatment system for DUck Key;
now, therefore
IN CONSIDERA nON of the mutual consideration and premises set forth
below, the parties agree as follows:
1. The County shall immediately appropriate. from any lawfully available source,
the sum of $150,000.00 for the planning. survey and Conceptual design of a centralized
wastewater coIIection and treatment system for Duck Key.
2. All funds provided by the County to the FKAA under this agreement may only be
Spent for the purposes described in paragraph I, of this agreement Commencing on June
1, 2004, the County shall pay to the FKAA 20% of the $150.000.00 allocated to the
FKAA. Thereafter, the FKAA may request additional payments of 20% upon submission
of documentation of previomi expenditures equaling 20% of the total amount until the
total amount allocated by the County is exhausted. For funds forwarded or transferred to
the FKAA under this agreelnent, the FKAA must establish fiscal control and fund
accounting procedures that comply with generally accepted government accounting
principles, satisfactory to the Clerk, in order to assure that the funds allocated to the
FKAA are spent for the PUIp<>SCS set forth in this agreement. 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. Any funds transferred by the
County to the FKAA under this agreement that are determined by the Clerk. an auditor
employed by the Counry Or e1llployed 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
pmsuant to Sec. 55.03(1). F_S.. from the date the auditor determines the funds were
expended for a PlUpose not authoriud by this agreement. The FKAA agrees to provide
the Oerk with quarterly starns reports concerning the expenditure of these funds in
sufficient detail to demonstrate compliance with the provisions of this agreement.
3. The parties agree that this written document represents their final mutual
agreement and replaces any prior agreement, understandings. or communications on the
subject matter of this agreement. whether written or oral.
4. This agreement will luke effect on the date a copy executed by both parties is filed
with the Oerk of the Courts of Monroe County, Florida.
IN WITNESS wm~ROF, the parties hereto have set their hands and seals the
day and year first above writlcn.
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ATTEST:
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FKAA Board Approved: April 29. 2004
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
(SEAL)
By:
Mayor, Chainnan
ATTEST:
Deputy Clerk