Item D
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INTERLOCAL AGREEMENT
MONROE COUNTY AND FLORIDA KEYS AQUEDUCT AUTHORITY
W ASTEW A TER SYSTEMS
THIS INTERLOCAL AGREEMENT is entered into pursuant to Sec. 163.01, F.S., 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 Florida Legislature has identified the Florida Keys as an area of critical state
concern, and has authorized actions by the County and FKAA to provide adequate wastewater
treatment to protect the environment and the health, safety and welfare of landowners and
persons inhabiting the Florida Keys; and
WHEREAS, the County is authorized by Sec. 125.01(1), FS, to provide, assist in providing
and fund centralized wastewater treatment systerns;
WHEREAS, Chap, 99-395, Sec. 6, Laws of Florida, and the County's Cornprehensive Plan
require that certain wastewater treatment levels be achieved by 20 I 0, levels which can best be
achieved by central wastewater treatrnent systerns;
WHEREAS, the FKAA is authorized by Chap. 76-441, Laws of Florida, as amended, to
design, construct, and operate, wastewater treatrnent systerns;
WHEREAS, the FKAA and the County have entered into previous interlocal agreernents
establishing and confirming their ongoing relationship in providing wastewater facilities in the
Florida Keys; and
WHEREAS, the County, by adopted resolutions, has provided funding to the FKAA for
wastewater projects and shall provide additional funds to the FKAA for the adrninistration,
planning and construction of future wastewater projects in unincorporated Monroe County; and
WHEREAS, the County has deeded to the FKAA parcels of land on Conch Key, the
Saddlebunch Keys and Grassy Key; and
WHEREAS, the County has dernonstrated its commitrnent to sewering the Keys by
transferring, at no cost, to FKAA the Grassy Key parcel, for which ad valorern taxes were
expended at fair rnarket value and the parcel is to be used by FKAA to serve the City of
Marathon, and has committed a rnaxirnum of $20,000,000 to the Key Largo Wastewater
Treatment District; and
WHEREAS, the Baypoint (Saddlebunch Keys) and Conch Key projects, constructed by
FKAA, are soon to be operational; and
WHEREAS, the County and the FKAA intend to continue their cooperation with
Governor Bush, the State Cabinet, the Department of Environmental Protection and the
Departrnent of Community Affairs to irnplernent wastewater systerns in unincorporated Monroe
County by 20 I 0; and
Monroe County/FKAA Draft ILA Sep. 6, 2005 I
WHEREAS, the parties desire to further define their commitrnent to work together and to
answer concerns raised by the State Cabinet, at a meeting of August 23, 2005, concerning an
agreernent dated August 17,2005, between the parties; and
WHEREAS, the parties have been in reliance upon expressions of commitment by the
Florida Department of Community Affairs of $1 0,000,000 for wastewater projects for fiscal year
2005, and $20,000,000 for fiscal year 2006, as identified in the Growth Managernent Plan
attached to County Resolution No.039-2004, and the ability to obtain additional critical financial
assistance frorn the State of Florida, the federal government and their agencies to achieve the
purpose of this agreernent; now therefore,
IN CONSIDERATION of the rnutual consideration and prernises set forth below, the
parties agree as follows:
1. STATEMENT OF INTENT:
This agreernent shall set forth commitrnents of the parties to work together to achieve the 2010
rnandate to sewer the Florida Keys. The parties shall work together to obtain funding for
wastewater treatment facilities frorn state and federal sources. The parties shall cooperate with
each other and act in a tirnely rnanner to acquire, design, construct, and operate wastewater
treatment systerns throughout the unincorporated areas of Monroe County, except for the area
covered by the Key Largo Wastewater District, which has its separate authority and
responsibility for sewering that area. The parties further intend that the sewering of the Florida
Keys shall be done at a reasonable cost to users.
2. RESPONSIBILITIES OF COUNTY:
2.01 The County shall own the land and infrastructure of the wastewater treatrnent systerns
acquired or constructed under this agreernen~d any amendrnents hereto, and shall lease said
assets to the FKAA as described in Section 3.08 below.
2.02 The County, in addition to funds obtained frorn state and federal sources, shall provide up
to the limits of its bonding capacity of the infrastructure sales surtax and County's ability to levy
special assessrnents, the funds necessary to cornplete all wastewater projects so that citizens do
not have to pay in excess of $4,500 per EDU in non-ad valorern special assessrnents. The
County shall provide $20,000,000 for the costs of acquisition, procurernent, design, and
construction of wastewater projects in the_Lower Keys. County commits to full faith and
diligence in working with the FKAA to provide funding to rnake costs of system developrnent
and connections for the Big Coppitt and all future projects reasonable to users. County shall
have the responsibility of levying the special assessrnents for wastewater projects. Lower Keys
projects included under this Agreernent are Big Coppitt area, Cudjoe-Sugarloaf area, and Big
Pine area. Other unincorporated County projects are Duck Key and Long Key.
2.03 The County Adrninistrator shall review all procurernent documents drafted by, or on behalf
of, FKAA for wastewater treatment systerns in the unincorporated county. The County
Administrator shall rnake suggestions for changes as he deerns in the best interest of the general
public.
Monroe County/FKAA Draft ILA Sep. 6, 2005 2
2.04 The County Administrator shall appoint two rnernbers of the evaluation committee should
any committee be established.
2.05 The County shall convey to FKAA such easernents as are necessary for the installation of
sewer lines.
3. RESPONSIBILITIES OF FKAA:
3.01 The FKAA shall adrninister the procurernent processes for the design and construction of
wastewater systerns in unincorporated Monroe County.
3.02 The FKAA shall develop requests for proposals (RFP) and requests for qualifications
(RFQ) for the procurernent of wastewater systerns in unincorporated Monroe County, consistent
with the procurernent policies of the FKAA and applicable State statute(s). FKAA shall subrnit
the drafts of RFPIRFQ to the County Adrninistrator for review and input, give due consideration
to any suggestions for changes, and shall advertise RFPIRFQs.
3.03 The FKAA shall accept the RFPIRFQ subrnissions. It is intended that contracts be
awarded to the rnost responsive subrnitter, which shall not be required to be the lowest
responsive bid, the rnost qualified responder, or other. The parties recognize that the lowest bid
may not be the rnost effective bid. Accordingly, an evaluation committee which will cornply
with Sec. 286.011, F.S., rnay be established on an ad hoc basis for each procurernent process.
Should an evaluation committee be established, the Executive Director of the FKAA and the
County Adrninistrator shall each appoint two rnernbers.
3.04 The FKAA shall give due consideration to recommendations of the committee, if any,
and the County Administrator. The FKAA shall award the contract.
3.05 The FKAA shall provide construction rnanagernent of each project to insure its expeditious
and economic cornpletion. The FKAA authorizes the County Engineer and/or his designee to
rnake site visits to any project under construction, and shall give due consideration to any
suggestions of the County Engineer regarding an ongoing project.
3.06 The FKAA shall retain the financing authority provided in its enabling legislation.
3.07 The FKAA shall aid the County in its efforts to obtain funding by providing copies of such
documents as the County needs to support its issuance of bonds or to seek Federal and State
grants to assist in the funding of all said_wastewater projects.
3.08 The FKAA shall lease frorn the County the land and infrastructure of the wastewater
treatment systerns acquired or constructed under this agreernent and any amendrnents hereto.
The Lease shall be irrevocable and provide absolute and unconditional authority to the FKAA to
establish systern development fees, rates, budgets, and rules governing operations in such
rnanner as to be consistent with Section 4.06 of this agreernent. The lease term shall be ninety-
nine (99) years, IlB6 lencv.'flble ,for an-adaitionaLninety niBS (99) )'~rS. The FKAA shall be
responsible for the rnaintenance and operations of the systerns leased from the County. The
Monroe County/FKAA Draft ILA Sep. 6, 2005 3
parties understand and agree that the lease to be entered by the parties shall contain covenants,
warranties, auditing and monitoring provisions consistent with the provisions found in the
lnterlocal Agreernent between the County and the Key Largo Wastewater Treatment District.
3.09 The FKAA, pursuant to requirernents of their enabling act, shall ensure that at least two .
public hearings be held in the area affected before any systern developrnent fee, rate or any other
user fee is established or increased. All revenues derived frorn the wastewater systerns by the
FKAA over and above rnaintenance, operations, custorner service, billing, and any direct costs
specifically incurred to provide these services shall be used solely for the purposes of the
wastewater systerns, such as the payrnent of debt service and retirernent of bonds.
3.10 This Agreernent shall not apply to wastewater assets currently owned by FKAA or
hereafter acquired frorn any other utility.
4. COOPERATION IN CARRYING OUT AGREEMENT:
4.01 The County Administrator and the FKAA Executive Director shall rneet as necessary to
cornplete the tasks set forth in this agreernent. The County Adrninistrator and the FKAA
Executive Director and their staffs shall only serve in their custornary capacity of fact-finding,
professional advice to, and other efforts to carry out the policies of, their respective boards.
4.02 All communications and dissernination of information regarding wastewater projects shall
be through the Offices of the County Adrninistrator and the FKAA Executive Director.
4.03 The parties recognize an obligation of $80,000,000 of bond-financing to be secured by
special assessrnentsjn the unincorporated county.
4.04 The parties agree to enter into a lease consistent with this agreernent in the rnost
expeditious rnanner as possible.
~
4.05 The parties shall work together to secure sites for wastewater treatrnent plants in rernaining
lower keys no later than July 12, 2007. Attached hereto is Exhibit A setting forth a prelirninary
timetable for the projects.
4.06 Neither party shall take any action or ornit to take necessary action, including action
pertaining to rate setting, that will adversely affect the tax-exernpt status of County and FKAA
bonds, or the respective party's ability to issue bonds under this agreernent. Each party will take
such action as is reasonably requested by the other party in connection with the issuance of
bonds so as to allow the other party to issue such bonds on a tax-exernpt basis, including, but not
lirnited to, executing tax certificates.
5. ESTABLISHMENT OF CERTAIN PREREQUISITES FOR EACH PROJECT
5.01 The County and the FKAA shall work together to achieve the following goal: to establish
fair and equitable connection fees and user fees to fund the operation and rnaintenance of
wastewater systerns.
Monroe CountylFKAA Draft ILA Sep. 6, 2005 4
5.02 Projects constructed under this agreernent shall conform to the Monroe County Sanitary
Wastewater Master Plan.
5.03 It is recognized that sorne outlying areas of the Keys which are not heavily populated rnay
not be feasibly served by a centralized wastewater and sewage systern, and that Alternative
Wastewater Facilities rnay be required to be installed to rneet the rnandate for adequate
wastewater treatment in the Florida Keys. All Alternative Wastewater Facilities that rnay
hereafter be constructed and operated within the Service Area of the FKAA shall conform to
good utility practices, adequate service to the public, ensure adequate Wastewater Service for the
Florida Keys and its citizens. FKAA shall cornply with all applicable laws and rules in issuing
prior approval for the use, construction, installation, or operation of new or expanded Alternative
Wastewater Facilities. The FKAA shall require and enforce the use of its own Wastewater
Facilities and facilities leased frorn County whenever and wherever they are accessible. Any
Alternative Wastewater Facility rnust provide adequate and sufficient service to the projected
territory or developrnent.
6. INSURANCE AND HOLD HARMLESS:
6.01 The parties to this agreernent stipulate that each is a state governmental agency as defined
by Florida Statutes and represents to the other that it has purchased suitable Public Liability,
Vehicle Liability, and Workers' Cornpensation insurance, or is self-insured, in amounts adequate
to respond to any and all clairns under federal or state actions for civil rights violations, which
are not lirnited by Florida Statutes Section 768.28 and Chapter 440, as well as any and all clairns
within the lirnitations of Florida Statutes Section 768.28 and Chapter 440, arising out of the
activities governed by this agreernent.
6.02 To the extent allowed by law, each party shall be responsible for any acts, or ornissions, of
negligence on the part of its ernployees, agents, contractors, and subcontractors and sh~ll defend,
indemnify and hold the other party, its officers and ernployees, agents and contractors, harmless
frorn all clairns dernands, causes of action, losses, costs and expenses of whatever type -
including investigation and witness costs and expenses and attorneys' fees and costs - that arise
out of or are attributable to arising out of such actions or ornissions. The purchase of the
insurance does not release or vitiate either party's obligations under this paragraph.
6.03 Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
County and the FKAA in this Agreernent and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deerned a waiver of immunity to the extent of liability coverage, nor shall
any contract entered into by the County be required to contain any provision for waiver.
7. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES:
7.01 This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts rnade and to be performed entirely in the State.
7.02 In the event that any cause of action or adrninistrative proceeding is instituted for the
enforcernent or interpretation of this Agreernent, the County and FKAA agree that venue will lie
Monroe County/FKAA Draft ILA Sep. 6, 2005 5
in the appropriate court or before the appropriate adrninistrative body III Monroe County,
Florida.
7.03 The County and FKAA agree that, in the event of conflicting interpretations of the terms or
a term of this Agreernent by or between any of thern the issue shall be subrnitted to rnediation
prior to the institution of any other administrative or legal proceeding.
7.04 The County and FKAA agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcernept or interpretation of
this Agreernent, the prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall
include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be
in accordance with the Florida Rules of Civil Procedure and usual and custornary procedures
required by the circuit court of Monroe County.
8. SEVERABILITY:
If any term, covenant, condition or provision of this Agreernent (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
cornpetent jurisdiction, the rernaining terms, covenants, conditions and provisions of this
Agreernent, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreernent shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcernent of the rernaining terms, covenants, conditions and provisions of
this Agreernent would prevent the accornplisbment of the original intent of this Agreernent. The
County and FKAA agree to reform the Agreernent to replace any stricken provision with a valid
provision that cornes as close as possible to the intent of the stricken provision.
9. BINDING EFFECT:
--j\C'
The terms, covenants, conditions, and provisions of this Agreernent shall bind and inure to the
benefit of the County and FKAA and their respective legal representatives, successors, and
assigns.
10. AUTHORITY:
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreernent have been duly authorized by all necessary County and Authority action, as
required by law.
11. CLAIMS FOR FEDERAL OR STATE AID:
FKAA and County agree that each shall be, and is, ernpowered to apply for, seek, and obtain
federal and state funds to further the purpose of this Agreernent.
Monroe County/FKAA Draft ILA Sep. 6, 2005 6
12. NON-DISCRIMINATION:
FKAA and COUNTY agree that there will be no discrirnination against any person, and it is
expressly understood that upon a determination by a court of cornpetent jurisdiction that
discrirnination has occurred, this Agreernent autornatically terminates without any further action
on the part of any party, effective the date of the court order. FKAA and County agree to
cornply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrirnination. These inClude but are not lirnited to: I) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrirnination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrirnination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrirnination on the basis of
handicaps; 4) The Age Discrirnination Act of 1975, as amended (42 USC ss. 6101- 6107) which
prohibits discrirnination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrirnina~ion on the basis of drug abuse; 6) The
Cornprehensive Alcohol Abuse and Alcoholisrn Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrirnination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrirnination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as rnaybe amended frorn tirne to tirne, relating to
nondiscrirnination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting discrirnination on the bases of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any
other nondiscrirnination provisions in any Federal or state statutes which rnay apply to the parties
to, or the subject rnatter of, this Agreernent.
13. ADJUDICATION OF DISPUTES OR DISAGREEMENTS:
13.01 County and FKAA agree that all disputes and disagreernents shall be atternpted to be
resolved by rneet and confer sessions between representatives of each of the parties. If the issue
or issues are still not resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as rnay be provided by this Agreernent or by Florida law.
13.02 In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreernent, County and
FKAA agree to participate, to the extent required by the other party, in all proceedings, hearings,
processes, rneetings, and other activities related to the substance of this Agreernent or provision
of the services under this Agreernent. County and FKAA specifically agree that no party to this
Agreernent shall be required to enter into any arbitration proceedings related to this Agreernent.
14. COVENANT OF NO INTEREST:
County and FKAA covenant that neither presently has any interest, and shall not acquire any
interest, which would conflict in any rnanner or degree with its performance under this
Monroe County/FKAA Draft ILA Sep. 6, 2005 7
Agreernent, and that only interest of each is to perform and receive benefits as recited in this
Agreernent.
15. CODE OF ETHICS:
15.01 County and the FKAA agree that officers and ernployees of the County recognize and will
be required to cornply with the standards of conduct for public officers and ernployees as
delineated in Section 112.313, Florida Statutes, regarding, but not lirnited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized cornpensation; rnisuse of
public position, conflicting ernployrnent or contractual relationship; and disclosure or use of
certain information.
15.02 FKAA warrants that it has not ernployed, retained or otherwise had act on its behalf any
former County officer or employee subject to the prohibition of Section 2 of ordinance No. 010-
1990 or any County officer or ernployee in violation of Section 3 of Ordinance No. 010-1990.
16. NO SOLICITATIONIPAYMENT:
The County and FKAA each warrant that, in respect to itself, it has neither ernployed nor
retained any cornpany or person, other than a bona fide ernployee working solely for it, to solicit
or secure this Agreernent and that it has not paid or agreed to pay any person, cornpany,
corporation, individual, or firm, other than a bona fide ernployee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting frorn the award
or rnaking of this Agreernent.
17. PUBLIC ACCESS:
f
The County and FKAA shall each allow and permit reasonable access to, and inspection of, all
documents, papers, letters or other rnaterials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and rnade or received by the County and FKAA in
conjunction with this Agreernent.
18. PRIVILEGES AND IMMUNITIES:
All of the privileges and immunities frorn liability, exernptions frorn laws, ordinances, and rules
and pensions and relief, disability, workers' cornpensation, and other benefits which apply to the
activity of officers, agents, or ernployees of any public agents or ernployees of the County and
the FKAA, when performing their respective functions under this Agreernent within the
territoriallirnits of the County and the FKAA, respectively, shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territoriallirnits of the parties.
Monroe County/FKAA Draft ILA Sep. 6, 2005 8
19. LEGAL OBLIGATIONS AND RESPONSIBILITIES:
Non-Delegation of Constitutional or Statutory Duties. This Agreernent is not intended to, nor
shall it be construed as, relieving any participating entity frorn any obligation or responsibility
imposed upon the entity by law except to the extent of actual and tirnely performance thereof by
any participating entity, in which case the performance rnay be offered in satisfaction of the
obligation or responsibility. Further, this Agreernent is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the County or the
FKAA, except to the extent permitted by the Florida constitution, state statute, and case law.
20. NON-RELIANCE BY NON-PARTIES:
No person or entity shall be entitled to rely upon the terms, or any ofthern, of this Agreernent to
enforce or attempt to enforce any third-party clairn or entitlement to or benefit of any service or
program conternplated hereunder, and the County and the FKAA agree that neither the County
nor the FKAA or any agent, officer, or ernployee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlernents or benefits under this Agreernent separate and apart, inferior to, or
superior to the community in general. Notwithstanding the preceding language, the parties
hereby designate the State of Florida as a third party with the ability to enforce against the two
parties the provisions hereof, based upon the State Auditor conducting rnanagernent and financial
audits of all sewer programs, past, present, and future, in the Florida Keys.
21. ATTESTATIONS:
FKAA and County agrees to execute such documents as the County or the FKAA rnay
reasonably require, to include a Public Entity Crirne Staternent, an Ethics Staternent, and a Drug- .
Free Workplace Staternent.
22. NO PERSONAL LIABILITY:
No covenant or agreernent contained herein shall be deerned to be a covenant or agreernent of
any rnernber, officer, agent or employee of either party in his or her individual capacity, and no
mernber, officer, agent or ernployee of either party shall be liable personally on this Agreernent
or b~ subject to any personal liability or accountability by reason of the execution of this
Agreernent.
23. EXECUTION IN COUNTERPARTS:
This Agreernent rnay be executed in any number of counterparts, each of which shall be regarded
as an original, all of which taken together shall constitute one and the same instrument and any
of the parties hereto rnay execute this Agreernent by signing any such counterpart.
Monroe County/FKAA Draft ILA Sep. 6, 2005 9
24. SECTION HEADINGS:
Section headings have been inserted in this Agreernent as a rnatter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreernent and will not be
used in the interpretation of any provision of this Agreernent.
25. TERM OF AGREEMENT AND TERMINATION:
This Agreernent shall commence on Septernber 6,2005, and continue for ninety-nine (99) years,
or until such tirne as all leases entered pursuant hereto are terminated, whichever shall first
occur. The parties rnay elect to renew this agreernent at the end of its term, as set forth in the
preceding sentence, for a period of ninety-nine (99) years.
26. ASSIGNMENT:
Neither party rnay assign this Agreernent or assign any of its obligations under this Agreement
without the approval of the other party, which approval shall be in writing and fully executed by
both parties. All the obligations of this Agreernent will extend to and bind the legal
representatives, successors and assigns ofFKAA and the County.
27. COMPLIANCE WITH LAWS:
This Agreernent shall comply with the laws and regulations of the United States and the State of
Florida, whether in effect on commencernent of this Agreernent or adopted after that date.
28. CONSTRUCTION:
*
This Agreernent has been carefully reviewed by FKAA and the COUNTY. Therefore, this
Agreernent is not to be construed against any party on the basis of authorship.
29. NOTICES.
Notices in this Agreement, unless otherwise specified, rnust be sent by certified rnail to the
following:
County:
County Adrninistrator
1100 Sirnonton Street
Key West, FL 33040
FKAA:
Executive Director
1100 Kennedy Drive
Key West, FL 33040
30. FULL UNDERSTANDING:
Monroe County/FKAA Draft ILA Sep. 6, 2005 10
This Agreement is the parties' final rnutual understanding with respect to any projects
constructed in the future. It replaces any earlier agreements or understandings, whether written
or oral, with respect to any projects constructed in the future. This Agreernent cannot be
modified or replaced except in a written amendment duly executed by both parties.
31. EFFECTIVE DATE:
This Agreement will take effect on the ~ f). day of .s;., r , 2005.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
(SEAL)ATTEST:
~.~OLHAGE'CLERK
Deputy~
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By: /~" )J/~X-/;dU
/ Mayor
THE FLORIDA KEYS AQUEDUCT
AUTHORITY
(SEAL) ATTEST:
By:
By:
Chairman
Clerk
r1;?/rf' V""
Monroe County/FKAA Draft ILA Sep. 6, 2005 11
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