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1st Amendment 03/20/2002 AMENDMENT TO THE FKAA/MONROE COUNTY JOINT RESOLUTION AND INTERLOCAL AGREEMENT THIS AMENDMENT to a joint resolution/interlocal agreement dated February 14, 2002 (a copy of which is attached and made a part of this amendment, hereafter the original agreement), is entered into by and between Monroe County (the County) and the Florida Keys Aqueduct Authority (FKAA). In consideration of the mutual promises and consideration set forth below, the parties agree as follows: 1. The original agreement, Sec. 2A, is amended to read as follows: Monroe County shall immediately appropriate and fund all matching fund requirements of local government under the Unmet Needs Program grant requirements (Project Funding $7,314,285: Federal Share $5,485,714,000, State Share $914,286 and Local Share $914,285). Monroe County will forward to FKAA twenty percent (20%) $182,857 of the required local match upon execution of this resolution. Such funds are to be held by FKAA as security for the local match in a separate fund and used for the Key Largo wastewater project(s), and otherwise segregated from all other funds of the FKAA. Any earned interest on these funds shall be considered as part of the principal amount of local match funding required by Monroe County and subject to same conditions of expenditure. Upon FKAA written request based on previous expenditure documentation, Monroe County will subsequently make local match reimbursements up to the stated 20% ($182,857) upon the approval of the federal/state reimbursements to FKAA. It is the intent of the parties to recover Monroe County's local match contribution from user fees and/or special assessments. For all matching funds forwarded or transferred to the FKAA under this agreement, the FKAA must establish fiscal control and fund accounting procedures that comply with generally accepted government accounting principles, satisfactory to the County's Clerk, in order to assure that the County matching funds forwarded or transferred to the FKAA are spent for the purposes set forth in this agreement. All FKAA financial records pertaining to this agreement must be made available, upon request, to the Clerk, an auditor employed by the County or the State of Florida. Any matching funds forwarded or transferred by the County to the FKAA under this agreement that are determined by the Clerk, an auditor employed by the County or employed by the State to have been spent on a purpose not contemplated by this agreement must be paid back to the County with interest calculated pursuant to Sec. 55.03(1), F.S., from the date the auditor determines the funds were expended for a purpose not authorized by this agreement. The FKAA agrees to provide the County Clerk and Administrator with quarterly status reports concerning the expenditure of County matching funds in sufficient detail to demonstrate compliance with the provisions of this joint resolution and interlocal agreement. iM'" V 2. This amendment will take effect when executed by both parties and filed with the Clerk of the Circuit Court. � ESS WHEREOF, the parties hereto have set their hands and seals the day rth below. //`'Y r i —1 it�. Its r h ` \ BOARD OF COUN����1111'''' COMMISSIONERS F - AN$' L. KOLHAGE, CLERK OF MONROE CO�Af�jY, FLORIDA B'� By _ a�/ii/�`��4"^"urr/✓l.� Dput CCllleeerk Mayor/Chairman DateWel-Ad 2°. LooL (SEAL) ATTEST: ia-Z4-4&a•-• /J FLORIDA /KEYS AQUEDUCT AUTHORITY By �- By �L¢�i41 /w,w.� :�/1-V Chairma�f Date &4€b hirlo�ra</ 3 d7 o,Z `J Jdia FKAA o Ns to T o,9=' - rn �.' O - TI APPROVED AS TO FORM -c?I' CD A D GA I -Inr a -I? 7 XI p n m R^� Z ERTN > m CD DATE >- r e %. m x)