10/15/2003 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
November 25, 2003
TO:
Richard Collins
County Attorney
ATTN:
Jan Hotalen, Assistant
County Attorney's Office
Pamela G. Hanco("ff-
l)eputy Clerk
FROM:
At the October 15, 2003, Board of County Commissioner's Meeting the Board granted
approval and authorized execution of an Interlocal Agreement between Monroe County and
Florida Keys Aqueduct Autority for an engineering design/performance study for Big Coppitt Key
wastewater treatment, as amended.
Enclosed is a copy of the above-mentioned for your records. Should you have any
questions please do not hesitate to contact this office.
cc: County Administrator w/o document
FKAA - duplicate original
Finance
File .,,/
INTERLOCALAGREEMENT
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 systerns;
WHEREAS, the County and the FKAA have determined that environmental
concerns have created an urgent need to provide Big Coppitt, Rockland and Geiger Keys
with central wastewater treatment capability; and
WHEREAS, the County desires to fund the FKAA's preparation of performance
standards and criteria for the design and engineering of a central wastewater treatment
system for Big Coppitt, Rockland and Geiger Keys; 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,
Rockland and Geiger Keys. 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, Rockland and Geiger Keys. 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 deficiency(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.
5. The purpose of the agreement is to provide funding to the FKAA to prepare
an RFP for a design build facility in the three areas cited.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ,,)~ >n ~
Mayor/Chairman
BOCC
(SEAL)
FLORIDA KEYS AQUEDUCT AUTHORITY, INC.
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Ti~' ,-'.- ' ~
JiaFKAA9,3
FKAA Board Approved 9/19/03
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