05/19/2004 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
June 1, 2004
TO:
Richard Collins
County Attorney
ATTN:
Jan Hotalen
Executive Assistant
Pamela G. Hanc~
Deputy Clerk
FROM:
At the May 19, 2004, Board of County Commissioner's meeting the InterIocal Agreement
between Monroe County and Florida Keys Aqueduct Authority to provide funding for the
planning of the Duck Key with a central wastewater treatment system.
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 wlo document
Finance
File j
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,
(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. 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 allocate funds to the FKAA for the planning,
survey and conceptual design of a central wastewater treatment system for Duck Key;
now, therefore
IN CONSIDERATION of the mutual consideration and prermses 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 collection 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 1, 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 previous 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 agreement, 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 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 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), 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 Clerk with quarterly status 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 take effect on the date a copy executed by both parties is filed
with the Clerk of the Courts of Monroe County, Florida.
IN WITNESS WHEROF, the parties hereto have set their hands and seals the
day and year first above written.
(SEAL)
ATTEST:
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l1erk
FKAA Board Approved: April 29. 2004
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor, amnan Eli";;
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