1st Amendment 03/17/2004DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DA TE :
TO:
A TTN:
FROM:
April 7, 2004
Richard Collins
County Attorney
Jan Hotalen
Executive Assistant
Pamela G. Hanc~
Deputy Clerk
At the March 17, 2004, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Amendment to an Inteflocal Agreement between Monroe
County and the Florida Keys Aqueduct Authority concerning the levy of ad valorem assessments
by four MSTU's for the design and planning of central wastewater treatment infrastructure.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
CC;
County Administrator w/o document
Property Appraiser
Finance
File /
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 Novernber, 2003, the parties entered into an Interlocal Agreement (the original
Interlocal Agreernent) whereby the County, through four MSTU's, would levy ad valorem
assessments for the design and planning of central wastewater treatrnent and collection
infrastructure serving properties within each MSTU;
WHEREAS, the original agreement provided that the FKAA would receive funds frorn the
County on an reimbursernent 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 Agreernent is provided for reference.
2. Subparagraph 2(b) of the original Interlocal Agreernent 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. Cornmencing on
January 5, 2004, the County shall pay to the FKAA 20 % of the amount of ad valorern tax revenue
estirnated 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 payrnents of
20% upon subrnission of documentation of previous expenditures equaling 20% of the total amount
of ad valorern revenue collected until the total arnount of ad valorern tax revenue collected by the
MSTU's for the fiscal year is exhausted. For the purposes of this agreement the phrase "total
arnount of ad valorern 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.
For funds forwarded or transferred to the FKAA under this agreernent, the FKAA must
establish fiscal control and fund accounting procedures that corn ply with generally accepted
government accounting principles, satisfactory to the Clerk, in order to assure that the MSTU funds
transferred to the FKAA are spent for the purposes set forth in this agreement. All FKAA financial
records pertaining to this agreement rnust be rnade available, upon request, to the Clerk, an auditor
ernployed by the County or the State of Florida. Any funds transferred by the MSTU's to the FKAA
under this agreement that are deterrnined 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., frorn the date
the auditor determines the funds were expended for a purpose not authorized by this agreement.
The FKAA agrees to provide the Clerk with quarterly status reports concerning the expenditure of
MSTU funds in sufficient detail to dernonstrate compliance with the provisions of this agreement.
3. Except as provided in paragraph 2 of this amendment, in all other respects the terms
and conditions of the original agreernent rernain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 17th day of
March
,2004.
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ATteST: DANNY L. KOLHAGE, CLERK
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~puty Clerk
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