Item O7 * ADD—ON
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 9/17/13 - MAR Department: County Administrator
Bulk Item: Yes . X No Staff Contact:.Roman Gastesi, 292-4441
AGENDA ITEM WORDING: Approval of an Interlocal Agreement amending a February 20, 2013
Interlocal Agreement regarding the distribution of the remaining $150 million in Mayfield Grant
Funds.
ITEM BACKGROUND: Representative Raschem has led a working group of the local government
partners which has produced an Interlocal Agreement that establishes a distribution schedule for years
two through four of the Mayfield Grant funding. The proposed MA represents the group consensus on
how those funds should be distributed among the various local governments and other entities in the
Keys.
Wastewater Project Year 2-4
Total Year 2 Year 3 Year 4
Amount
Islamorada $24.5_0 _$ 7.60 $ .75 8J 5
Marathon $34.50 $17.00 $ 8.75 $ 8.75
KLWTD $43.00 $17.00 $12.50 $13.50
COMR!J/FIAA $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 $150.00 $50.00 $50.00 $50.00
Millions
PREVIOUS RELEVANT BOCC ACTION: On February 20, 2013, the County Commission
approved the original ILA that set forth the distribution schedule for year two of four.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST® N/A INDIRECT COST:— BUDGETED: Yes —No—
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes— No— AMOUNT PER MONTH_ Year —
APPROVED BY: County Atty X OMB/Purchasing_ is Management
DOCUMENTATION: Included X Not Required—
DISPOSITION: AGENDA ITEM# 0-7
Revised 7/09 * ADD—ON
AMENDMENT TO
"STATE WASTEWATER FUNDING
DISTRIBUTION AGREEMENT FOR `YEAR TWO OF FOUR"'
THIS AMENDMENT AGREEMENT ("Amendment Agreement") is made and
entered into this day of , 2013, to amend the "STATE
WASTEWATER FUNDING DISTRIBUTION 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 l of 13
Amendment to
"State Wastewater Funding Distribution Agreement For `Year Two Of Four"'
WITNESSET :
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 "I" 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 "5" 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 of Four" 5 million allocations of Mayfield Grant
Funding, all such Funding so received shall be distributed to the Parties in
accordance with pursuant to the distribution schedule set forth below.
STATE AST EW FUNDING SCHEDULE
E
Wastewater project e 2-4
(:Recipient) Totale Year 4
Amount
Isla orada $24.50 .00 8.75 $ 8.75
Marathon $34.50 $1 .00 $ 8.75 $ 8.75
WTD $43.00 $1 .00 $12.50 $13.50
Coun!ITKAA $34.00 $ 5.00 $15.00 $14.00
Key West $12.00 $ 3.00 $ 4.00 $ 5.00
Key Colony Beach 1 $2.001 $ 1.001 $ 1.00 $ 0.00
TOTAL
I 'pions $150.00 $50.00 $50.00 $50.00
( ) In the event the State appropriates less than the anticipated $50 million yearly
allocation o "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 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 million
of Mayfield Grant Funds, In the event of any conflict or inconsistency between the
provisions of the Original ILA and thisAmendment Agreement, the provisions of this
Amendment Agreement shall control and govem, 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 t
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 F'rarading 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 "T' 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
COUNTY,FLORIDA
George Neugent, Mayor
(SEAL)
ATTEST: Amy Heavilin, Clerk
Deputy Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Robert B. Shillinger, County Attorney
Page 7 of 13
Amendment to
"State Wastewater Funding Distribution Agreement For `Year Two Of Four"'
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
Page 8 of 13
Amendment to
"State Wastewater Funding Distribution Agreement For `Year Two Of Four"'
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
Page 9 of 13
Amendment to
"State Wastewater Funding Distribution Agreement For `Year Two Of Four"'
CITY OF MARATHON,
FLORIDA
Mike Cinque, Mayor
(SEAL)
ATTEST:
Diane Clavier, City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
John Herin, City Attorney
Page 10 of 13
Amendment to
"State Wastewater Funding Distribution Agreement For `Year Two Of Four"'
FLORIDA KEYS AQUEDUCT
AUTHORITY
J Robert Dean, Chair
(SEAL)
ATTEST:
Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Robert T. Feldman, General Counsel
Page 11 of 13
Amendment to
"State Wastewater Funding Distribution Agreement For `Year Two Of Four"'
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
Page 12 of 13
Amendment to
"State Wastewater Funding Distribution Agreement For `Year Two Of Four"'
ISLAMORADA, VILLAGE OF
ISLANDS,FLORIDA
Ken Philipson, Mayor
(SEAL)
ATTEST:
Village Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Nina Boniske, Village Attorney
Page 13 of 13
Amendment to
"State Wastewater Funding Distribution Agreement For `Year Two Of Four"'