BOARD OF COMMISSIONERS COMMISSION MEETING AGENDA Feb. 18, 4:00 PM 98880 Overseas Hwy Key Largo, PL 33037 Steve Gibbs Chair Andrew Tobin Vice Chair Robert Majeska Secretary-Treasurer Norm Higgins Commissioner David Asdourian Commissioner Margaret Blank General Manager Ray Giglio General Counsel Carol Walker District Clerk PLEASE TAKE NOTICE AND BE ADVISED, that if any interested person desires to appeal any decision of the KLWTD Board, with respect to any mailer considered at this meeting, such interested person will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Per.sonswith disabilities requiring accommodations in order to participate in the meeting should contact the District Clerk at 305 451-4019 at least 48 hours in advance to request accommodations. A. CALL TO ORDER - PLEASE MUTE CELL PHONES B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA WITH ANY ADDITIONS, DELETIONS, OR CONTINUANCES E. PUBLIC COMMENT Individual comments have a 3 minute limit; Organizations have a 5 minute limit. General comment (non-agenda items) will be heard at this time; Specific agenda items will be heard right before the item. Speaker cards must be turned in before the meeting starts.
Robert Majeska Secretary-TreasurerNorm Higgins CommissionerDavid Asdourian Commissioner
Margaret Blank General ManagerRay Giglio General CounselCarol Walker District Clerk
PLEASE TAKE NOTICE AND BE ADVISED, that if any interested person desires to appeal any decision of the KLWTDBoard, with respect to any mailer considered at this meeting, such interested person will need a record of the proceedings, and forsuch purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony andevidence upon which the appeal is to be based. Per.sons with disabilities requiring accommodations in order to participate in themeeting should contact the District Clerk at 305 451-4019 at least 48 hours in advance to request accommodations.
A. CALL TO ORDER - PLEASE MUTE CELL PHONES
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. APPROVAL OF AGENDA WITH ANY ADDITIONS, DELETIONS, ORCONTINUANCES
E. PUBLIC COMMENTIndividual comments have a 3 minute limit; Organizations have a 5 minute limit.General comment (non-agenda items) will be heard at this time; Specific agendaitems will be heard right before the item. Speaker cards must be turned in before themeeting starts.
6. Trip to Tallahassee7. Future Trips8. Inter-Local Agreement Mo. Co. and KLWTD
Distribution of Infrastructure Sales Surtax
O. COMMISSIONER'S ROUNDTABLE
P. ADJOURNMENT
MISSION STA TEMENT:
''The Mission ofthe Key Largo Wastewater Treatment District is to preserve andprotect thedelicate ecosystem ofthe Florida Keys while providing exceptional customer service. "
TABl
KEY LARGO WASTEWATER TREATMENT DISTRICT
Agenda Request Form
Meeting Date: Feb. 18, 2014
[] PUBLIC HEARING
[X] DISCUSSION
[] ACTION ITEM
[ ] Other:
SUBJECT: Assessment and Refunds
RECOMMENDED MOTION/ACTION:
Approved by General ManagerDate: /ijUrV J
Originating Department:Customer Service
Department Review:r 1 District Counsel
Costs: $
Funding Source:
[ ] Engineering,[ ] Clerk[Operations]
Agenda Item No. 1
[] RESOLUTION
[] BID/RFP AWARD
[] CONSENT AGENDA
Attachments:
Advertised:
Date:Paper:
•::0eneral Manaaea
Finance [Customer Servicef^^ [X] Not Required
Summarv Explanation/Background: Mr. Christian will give a verbal report.
The Key Largo Wastewater Treatment District Board of Commissioners met for a CommissionMeeting at 4:00 PM. Present were, Acting Chairman Andy Tobin, Commissioners, NormanHiggins, David Asdourian, and Robby Majeska. Chairman Steve Gibbs called in fromTallahassee and gave a report under Commissioner's Items. Also present were ChiefInformation Officer, Paul Christian, General Counsel, Ray Giglio, District Clerk Carol Walker,and other appropriate District Staff.
Acting Chairman Tobin led the Pledge of Allegiance.
APPROVAL OF AGENDA
Commissioner Majeska added an item on 112 Tree Lane, and Acting Chairman Tobin added anupdate on the legal matter with DN Higgins.
Motion: Commissioner Asdourian made a motion to approve the agenda as amended.Commissioner Higgins seconded the motion.
Vote on Motion
Member Yes No Other
Commissioner Higgins X
Commissioner Majeska X
Commissioner Tobin X
Commissioner Asdourian X
Chairman Gibbs Absent
Motion passed 4 to 0
PUBLIC COMMENT
Name <& Address
N/A
Subject
COMMISSIONER'S ITEMS
Chairman Gibbs
Chairman Gibbs reported on the meetings he has had and will be having during the trip toTallahassee, PL. He reported that everyone seems to be receptive to the District's fundingrequests.
KLWTD Minutes
Feb. 11.2014
Page I 1
ENGINEERING AND OPERATION'S REPORT
Dan Saus
Dan Saus reported that the Mechanical Integrity Test on the deep well has been completed,submitted and accepted as passing by the DEP. The next test will be on Jan. 27, 2019.
The pit monitoring trial has just started on a commercial pit and a residential pit.
LEGAL COUNSEL REPORT
Inter-Local AgreementRay Giglio presented the draft inter-local agreement with the County on distribution of the localgovernment infrastructure sales tax.
Digester Bid AwardMr. Giglio gave an update on communications with DH Higgins.
112 Tree Lane
Commissioner Majeska asked Ray Giglio to explain what has happened at 112 Tree Lane and hedid.
The Board directed him to write a letter offering a $250 to settle a nuisance claim and state thatthe Board will take no other action under any circumstances.
Commissioner Asdourian stated that he does not want to give any monies to settle the problem at112 Tree Lane.
ADJOURNMENT
The KLWTD Board adjourned the Board Meeting at 4:53 PM.
The KLWTD meeting minutes of Feb. 11, 2014 were approved on February 18, 2014.
Chairman Gibbs
Carol Walker, CMC District Clerk
Page I2KLWTD Minutes
Feb. 11,2014
TAB 3
KEY LARGO WASTEWATER TREATMENT DISTRICT
Agenda Request Form
Meeting Date: Feb 18, 2014
[ ] PUBLIC HEARING
[X] DISCUSSION
[ ] GENERAL APPROVAL OF ITEM
[ ] Other:
SUBJECT: Tax Certificate Sale of Parcels due to Wastewater Assessment
RECOMMENDED MOTION/ACTION: Approval of Staff Recommendation
Approved by General Manager ^ Date:
Agenda Item
[ ] RESOLUTION
[ ] BID/RFP AWARD
[] CONSENT AGENDA
OriginatingDepartment:
Costs: Attachments:
1. Bill History (2)2. Map
Department Review:r 1 District Counsel
lid^eneral Manaaer\ 1 Finance
r 1 Enalneerlna
[] Clerk\ Customer Servlc^r C<_^
Advertised:
Date;
Paoer:
[X] Not Required
Summary Explanation/Background:
AK#1620025 & 1620033 are vacant parcels owned by Lynne Truskiewicz andwere assessed in 2008.
Ms. Truskiewicz failed to pay her tax bills due to financial hardship. The taxcertificates will be eligible for redemption of tax certificate on March 31^^ Thiscould result in her losing the properties.
This is being presented to the Board for discussion.
Resulting Board Action:
• Approved • Tabled
KLWTD Form F-3
• Disapproved • Recommendation Revised
Prepared: 03/07/2012
I Hi (.'ollpclot Home:-' Se.itcn Reports Snoppiny Cnrt
Bill History - Real Estate Account At 21 CC^L DR. KEY LARGOt-'.ii O-i.ii-' Se.. "..rii PaFcel details
SUBJECT: Inter-Local Agreement with County on Distribution of Infrastructure SalesSurtax.
RECOMMENDED MOTION/ACTION: Discussion
Approved by General ManagerDate:
Originating Department:General Manager
Department Review:f ] District Counsel
C^f^General ManagerFinance
Costs; $0
Funding Source:
[ ] Engineering,
[ ] Clerk[Operations] _[Customer Service]
Summary Explanation/Background:
Resulting Board Action:
Attachments: Draft Inter-
Local
Advertised:
Date:Paper:[X] Not Required
INTERLOCAL AGREEMENT BETWEEN MONROE COUNTYAND THE KEY LARGO WASTEWATER TREATMENT DISTRICT
FOR DISTRIBUTION OF LOCAL GOVERNMENTINFRASTRUCTURE SALES SURTAX
THIS INTERLOCAL AGREEMENT ("ILA") is made and entered intothis day of , 2014, for the distribution of the MonroeCounty Local Government Infrastructure Sales Surtax. This ILA is made by andbetween the following ("Parties"):
MONROE COUNTY ("County"), a political subdivision of the State of Florida,whose address is 1100 Simonton Street, Suite 205, Key West, PL 33040; and
KEY LARGO WASTEWATER TREATMENT DISTRICT ("KLWTD"), anindependent special district established under the Laws of Florida, whose addressis P.O. Box 491, Key Largo, FL 33037.
WITNESSETH;
WHEREAS, in 1989, the County, acting by and through its Board of CountyCommissioners ("BOCC") adoptedCounty Ordinance No. 13-1989, which levied a One-Cent Infrastructure Sales Surtax ("Surtax") on all of Monroe County, including theunincorporated areas; and
WHEREAS, the BOCC subsequently adopted County Ordinances No. 01-2000,which extended the Surtax from its original expiration date of September 30, 2004, toDecember 31, 2018, and which also added wastewater infrastructure to the permissibleuses to which monies collected under the Surtax could be applied; and
WHEREAS, on July 18, 2012, the BOCC adopted County Ordinance No. 17-2012, which extended the Surtax to December 31, 2033; and
WHEREAS, the electorate voted in 1989 to approve the initial levy of the Surtax;in 2000 to approve its modification and extension; and in 2012 to approve its furtherextension; and
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WHEREAS, pursuant to s. 212.055(2)(c)2., F.S.. the proceeds of that Surtax arebe distributed to unincorporated Monroe County and the incorporated municipalitieswithin the County according to the formula provided in s. 218.62, F.S.; and
WHEREAS, the KLWTD is an Independent Special District, located withinunincorporated Monroe County, Florida, that was created to develop, operate, andmaintain a state-mandated wastewater management system to serve the more than 14,400residents of the district; and
WHEREAS, s. 218.62, F.S. does not specifically provide for the distribution ofany of the surtax proceeds toa Special District, like theKLWTD; and
WHEREAS, the formula for the distributionof surtax proceeds to unincorporatedMonroe County has been setupby, and is implemented by, theCounty; and
WHEREAS, the KLWTD represents approximately 32% of the population ofunincorporated Monroe County and approximately 14% of the total population ofMonroe County; and
WHEREAS, the County funding formula for wastewater projects inunincorporated Monroe County has provided for the cost of those projects to be paid asfollows: 33% from the local service area; 33% from sales tax, which is collected countywide; and 33% from State and Federal funding; and
WHEREAS, pursuant to theCounty's funding formula, theKLWTD should havereceived $51 million in sales tax revenues, representing 33% of the $154.5 million costofthe KLWTD sewer system; and
WHEREAS, the Countyhas only providedthe KLWTD with sales tax revenuesof $24.4 million, which amounts to 16% of cost of the KLWTD sewersystem, andwhichrepresents a shortfall of $27.1 million; and
WHEREAS, pursuant to theCounty's funding formula, the ICLWTD should havereceived $51 million in stateandfederal funding, representing 33% of the$154.5 millioncost of the KLWTD sewer system; and
WHEREAS, the KLWTD has only received$34.7 million to date from state,federal and other sources, which amounts to 21% of the cost of its sewer system, andwhichrepresents a shortfall of $16.8 million; and
WHEREAS, in other unincorporated areas of the County, sewer projects havealso only received 21% from State and Federal funding; and
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MONROE COUNTY-KLWTD Sales Tax E^A02/05/2014 KLWTD Draft Prepared by Ray Giglio
WHEREAS, in those other unincorporated areas, the County has made up thedifference with the sales tax revenues constituting54% of total funding; and
WHEREAS, these disparities have amounted to a total shortfall to the KLWTDof $43.9 million; and
WHEREAS, as a result of this $43.9 million disparity, to construct their State-mandated sewer system, theresidents of the KLWTD have been required to paynearly$1,200 more per EDU than comparable projects in the unincorporated areas of theCounty; and
WHEREAS, to help defray the cost of these mandated but unfunded sewerprojects, in 2008 the State Legislature authorized the issuance of $200 million ofEverglades restoration bonds ("Mayfield Grant Funds"), to finance or refinance the costof wastewater management projects, which projects specifically included the centralizedwastewater treatment plant and collection system constructed and maintained by theKLWTD; and
WHEREAS, the first of four $50 million yearly allocations of the $200 million ofMayfield Grant Funds was disbursed by the State to the County with the stipulation that60% of the said $50 million be distributed to the County for the Cudjoe RegionalWastewater Project andthat40% be distributed to Islamorada; and
WHEREAS, the KLWTD received none of the money from the first of four $50million yearly allocations of the$200 million ofMayfield Grant Funds; and
WHEREAS, along with other entities, the Parties hereto entered into anInterlocal Agreement, dated the 17th day of September 2013, entitled "AMENDMENTTO "STATE WASTEWATER FUNDING DISTRIBUTION AGREEMENT FOR'YEAR TWO OF FOUR"' ("Year Two of Four ILA") with reference to the distributionof theanticipated $50 million "Year Two of Four" of Mayfield Grant Funds; and
WHEREAS, Paragraph. "4.(a)" of the Year Two of Four ILA, details andspecifies the distribution of the anticipated $50 million "Year Two of Four" of MayfieldGrant Funds that the Parties and the other entities have determined to be and have agreedwould be fair and equitable; ^d
WHEREAS, pursuant to the distribution schedule as set forth in paragraph"4.(a)" of the Year Two of FourILA, the KLWTD was scheduled to receive $17 million;and
WHEREAS, the KLWTD is uncertain that the State will disburse any of theremaining $150 million of Everglades restoration bonds to the KLWTD; and
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MONROE COUNTY-KLWTD Sales Tax ELA02/05/2014 KLWTD Draft Prepared by Ray Giglio
WHEREAS, fundamental fairness demands that if the County receives MayfieldGrant Funds, the KLWTD should get its agreed-upon fair share of those Mayfield GrantFunds or equivalent funding from the County; and
WHEREAS, fundamental fairness demands that even if the County does notreceive any Mayfield Grant Funds, the KLWTD should receive its fair share of theproceeds of the infrastructure sales surtax; and
WHEREAS, s. 212.055(2), F.S. prohibits Monroe County, as a County that hasbeendesignated as an Areaof Critical State Concem, from using more than 10percent ofthe surtax proceedsfor any public purpose other than for infrastructure; and
WHEREAS, subsection (d)l.a. of s. 212.055(2) ), F.S., defines the term"infrastructure" as, "Anyfixed capital expenditure orfixed capital outlay associated withthe construction, reconstruction, or improvement of public facilities that have a lifeexpectancy of 5 or more years and any related land acquisition, land improvement,design, and engineering costs"; and
WHEREAS, the District is now and will in the future be engaged in projects thatinvolve the construction, reconstruction, and improvement of public wastewater facilitiesthat have a life expectancy of 5 or more years; and
WHEREAS, those construction, reconstruction, and improvement projects would
qualify as "infrastructure"under s. 212.055(2) (d)l.a. F.S.; and
WHEREAS, the KLWTD needs to plan for future construction, reconstruction,and improvement of wastewater infrastructure as well as for future rates, assessments,charges, and the payment of debts; and
WHEREAS, economic data indicate that the excessive financial burden borne by
businesses and residents in the KLWTD is slowing business activity and hindering jobcreation; and
WHEREAS, the residents of the KLWTD pay all of the same taxes as theresidents of other unincorporated areas; and
WHEREAS, through their taxes, the residents of the KLWTD are actuallyhelping to payfor the sewerprojects in other unincorporated areas of the County; and
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MONROE COUNTY-KLWTD Sales Tax ELA
02/05/2014 KLWTD Draft Prepared by Ray Giglio
WHEREAS, the County acknowledges that it has both a legal and a moralobligationto treat its residents equitably; and
WHEREAS, the Parties agree that in order for the residents of the KLWTDto betreated equitably, they must have parity with other residents with respect to wastewaterfunding; and
AVHEREAS, in order to achieve parity with respect to wastewater funding, theCounty mustadopt a formula for the equitable distribution of Surtax revenues; and
WTHEREAS, for all of the above-listed reasons, if the KLWTD does not receiveany Mayfield Grant Funds, the Parties desire to establish by this ELA a fair andreasonable formula for the equitable distribution of the funds generated by theinfrastructure sales surtax.
NOW THEREFORE, in consideration of the mutual covenants set forth hereinand other valuable consideration, the sufficiency and receipt of which is acknowledgedby both of the Parties, and pursuant to Section 163.01, et. seq., Florida Statutes, theFlorida Interlocal CooperationAct of1969, the Parties hereto agree as follows:
1. DEFINITIONS.
Terms defined in Paragraph "1" of the Year Two of Four ILA have the samemeaning in this ILA unless otherwise specified.
2. RECITALS.
The recitals set forth above are true and correct and are hereby incorporated inthis ILA.
3. EFFECTIVE DATE AND TERM.
(a) This ILA shall take effect on the date it is fully executed by the AuthorizedOfficer of both of the Parties.
(b) This ILA shall continue in full force and effect until:
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MONROE COUNTY-KLWTD Sales Tax ILA
02/05/2014 KLWTD Draft Prepared by Ray Giglio
1) The expiration of the infrastructure sales surtax on December 31, 2033.The governing body of each party hereto has determined this duration tobe reasonable.
2) This ILA may be terminated by either party with at least six (6) month'sprior written notice; however, termination shall be effective only at theend of a fiscal year.
(c) In the event a future Board of County Commissioners of Monroe Countyelects to terminate this HA, or refuses to ratify, affirm and be bound by theterms of this ILA, then and in that event, the County agrees that it has theobligation to, and it will, assume existing debts and obligations of theKLWTD in the amount and to the extent of the sums the KLWTD would have
received in accordance with this ILA.
4. PURPOSE.
a) The purpose of this ILA is to provide for the fair and equitabledistribution ofthe proceeds of the Monroe County Infrastructure Sales Surtax, between theKLWTD and the County, in order to achieve wastewater funding parity and inorder to allow both governing bodies to better plan their annual budgets.
b) It is the further purpose of this ILA to provide the KLWTD with a mechanismfor receiving the distributionof funding that it was promisedand to which it isentitled.
c) The parties acknowledge and agree that the Distribution Schedule shown inParagraph "5" below takes intoconsideration and accounts for the fact that thefunds the KLWTD will receive pursuant to and during the term of thisagreement have less value than a comparable present lump-sum distribution ofthe anticipated Mayfield Grant Funding directly to the KLWTD.
5. Distribution Schedule.
The Parties acknowledge and agree:
a) That wastewater funding throughout unincorporated Monroe County shouldbe as uniform as practicable.
b) That a fair and equitable formula for such wastewater funding would providefor the cost of wastewater projects to be paid as follows:
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MONROE COUNTY-KLWTD Sales Tax ILA
02/05/2014 KLWTD Draft Prepared by Ray Giglio
1) 33% from the local service area.2) 33% from county-wide sales tax revenues.3) 33% from State and Federal funding.
c) That pursuant to this funding formula, to date, the KLWTD should havereceived $51 million in sales tax revenues, representing 33% of the $154.5million cost of the KLWTD sewer system.
d) That to date, the County has only provided the KLWTD with sales taxrevenues of $24.4 million, which amounts to 16% of cost of the KLWTDsewer system, and which represents a shortfall of $27.1 million.
e) That pursuant to this funding formula, the KLWTD should have received $51million in state and federal funding, representing 33% of the $154.5 millioncost of the KLWTD sewer system.
f) That the KLWTD has only received $34.7 million to date from state, federaland other sources, which amounts to 21% of the cost of its sewer system, andwhich represents a shortfall of $16.8 million.
g) That these shortfalls have amounted to a total deficit to the KLWTD of $43.9million.
h) That in order to bring the KLWTD into parity with other areas ofunincorporated Monroe County, and in order to secure equitable funding forthe residents of Key Largo, the KLWTD will receive from County Surtaxrevenues the sum of $4.39 million per year for a period of ten years.
i) That this said $4.39 million per year for ten years will come from Surtaxrevenues and will be in addition to the share of sales tax. Surtax, and other taxrevenues to which Key Largo would otherwise be entitled
j) That on January 2^^ ofeach year, for a period often (10) years, commencingon January 2, 2012, the County will deliver to the KLWTD the sum of $4.39million.
k) That this distribution to the KLWTD of $4.39 million per year for ten yearsshall be allocated and delivered to the KLWTD subject to the provisions ofParagraph "6" below.
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MONROE COUNTY-KLWTD Sales Tax ILA
02/05/2014 KLWTD Draft Prepared by Ray Giglio
6. DISTRIBUTION "TRUE-UP ADJUSTMENT."
a) Monroe County InfrastructureSales Surtax revenues will be distributed to theKLWTD by the County in accordance with the DistributionSchedule inParagraph "5" above,
b) However, the KLWTD acknowledges that it will be seeking additional futurefunding from outside sources, and such funding is likely.
c) Both Parties therefore agree that any such future funding received by the KLWTDfrom outside sources will reduce the shortfall upon which the above DistributionSchedule is based on a dollar for dollar basis.
d) Bythe 1 ' dayof October of each year under this ILA, the chieffinancial officerof the KLWTD will report to the Monroe County Clerk the amount of fundingfrom outside sources that the KLWTD has received during the previous fiscalyear.
e) Once that total is ascertained the distribution of Monroe County InfrastructureSales Surtax revenues to the KLWTD by the County shall be reduced on a dollarfor dollar basis for every dollar so received by the KLWTD.
f) The KLWTD agrees to maintain records showing the amountsof any such outsidefunding it has received. Those records shall be available for inspection at anytime to the County upon reasonable notice to the KLWTD.
7. ENTIRE AGREEMENT
This ILA and the Year Two of Four ILA as amended, embody the entireagreement between the Parties with reference to the distribution of the balance of the$150 million of Mayfield Grant Funds and the distribution of the Monroe CountyInfrastructure Sales Surtax. In the event of any conflict or inconsistency between theprovisions of the Year Two of Four ILA, any Amendment Agreement, or this ILA, theprovisions of this ILA shall control and govern.
8. YEAR TWO OF FOUR ILA REMAINS IN FULL FORCE AND EFFECT
Except as specifically modified and amended herein, all of the terms, provisions,requirements and specifications contained in the YearTwo of Four ILA, as same maybeamended shall remain in full force and effect. Except as otherwise expressly providedherein, the parties do not intend to, and the execution of this ILA shall not, in any
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MONROE COUNTY-KLWTD Sales Tax E.A
02/05/2014 KLWTD Draft Prepared by Ray Giglio
manner, impair the Year Two of Four ILA, or any Amendment thereto. The Year Two ofFour ILA, and any Amendment thereto, shall remain in full force and effect.
9. JOINT COOPERATION
In accordance with paragraph "7" of the Year Two of Four ILA, the Parties agreeto cooperate and to use their best efforts and their joint resources to advocate for theappropriation of the balance of the $150 million of Mayfield Grant Funds, and thedistribution of those said fiinds directly to the Parties in accordance with the distributionschedule as set forth in that Year Two of Four ILA, or any Amendment thereto.
10. SEVERABILITY.
If any provision or part of a provisionof this ILA is found by a court, arbitratororother authority of competent jurisdiction to be void or unenforceable, that provision orpart of a provision is to be deemed deleted from this BLA andthe remaining provisions tocontinue in full force and effect. The Parties shall in this event seek to agree upon a validand enforceable provision or part of a provision to replace the provision or part of aprovision found to be void and unenforceable.
11. TfflRD PARTY RIGHTS.
a) This IT .A is made for the benefit of the KLWTD and the County and not for anyother entity or person.
b) No provision of this ILA is be construed as creating any rights enforceable by athird party, and all third party rights implied by law are, to the extent permissibleby law, excluded from this ILA.
12. JOINT PREPARATION.
The preparation of this ILAhas been a joint effort of the Parties, and this BLA hasbeen carefully reviewed by the Parties. Therefore, this DLA shall not, solely as a matterof judicial interpretation, be construed more severely against one of the Parties than theother.
13. COUNTERPARTS.
This BLA may be executed in any number of counterparts and by each Party onseparate counterparts, each of which, when so executed anddelivered, shallbe an original
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MONROE COUNTY-KLWTD Sales Tax ILA
02/05/2014 KLWTD Draft Prepared by Ray Giglio
and all of which shall together constitute one and the same Agreement. Signature pagesmay be detached from the various counterparts and attached to a single copy of thisdocument to physically form one document. A facsimile version of any signature shallbe deemed an original for all purposes.
14. GENERAL PROVISIONS.
a) This ILA shall be recorded in the Office of the Clerk of Monroe County upon itsexecution by all parties hereto.
b) This ILA may be modified and amended only by written instrumentduly executedby the Parties hereto.
c) The laws of the State of Florida shall control and govern this Agreement.
d) The subject headings of the paragraphs are includedfor purposes of convenienceonlyand shall not affect the construction or interpretation of any of its provisions.
e) The rights and duties under subparagraph "3(c)", paragraph "5", and paragraph"6" shall survive the termination or expiration of this ILA.
IN WITNESS WHEREOF, the Parties hereto have caused these presents to beexecuted by their Authorized Officers and have affixedtheir corporate seals hereon.
[SIGNATURES ON FOLLOWING PAGES]
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MONROE COUNTY-KLWTD Sales Tax ILA02/05/2014 KLWTD Draft Prepared by Ray Giglio
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Sylvia Murphy, Mayor
(SEAL)
ATTEST: Amy Heavlin, Clerk
Deputy Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Robert B. Shillinger, County Attorney
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MONROE COUNTY-KLWTD Sales Tax ILA02/05/2014KLWTD Draft Prepared by Ray GigUo
(SEAL)
ATTEST:
KEY LARGO WASTEWATER
TREATMENT DISTRICT
Stephen Gibbs, Chairman
Carol Walker, District Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Ray Giglio, General Counsel
Page 12 of 12
MONROE COUNTY-KLWTD Sales Tax DLA
02/05/2014 KLWTD Draft Prepared by Ray Giglio
KEY LARGO WASTEWATER TREATMENT DISTRICT
TRUE-UP EXAMPLES
PREPARED BY: M. BLANK, PE
DATE: FEBRUARY6, 2014
'HajcwB
ASSUMING NO ADDITIONAL FUNDING RECEIVED
[1]
TOTAL PROJECT COST: 154.5 million
RECEIVED FROM FEDERAL GOVERNMENT: (21.6) million
RECEIVED FROM STATE GOVERNMENT: (11.4) million
RECEIVED FROM COUNTY GOVERNMENT: (24.4) million
ISLAMORADA CAPITAL CONTRIBUTION: (2.2) million
PRINCIPAL CONTRIBUTION FROM LOCAL SERVICE AREA: 94.9 million
33% OF PROJECT COST: 51.0 million
SHORTFALL: 43.9 miilion
FIRST OF TEN ANNUAL PAYMENTS TO MAKE UP SHORTFALL: 4.4 million
ASSUMING YEAR2 MAYFIELD FUNDING RECEIVED
TOTAL PROJECT COST: 154.5 million
RECEIVED FROM FEDERAL GOVERNMENT: (21.6) million
RECEIVED FROM STATE GOVERNMENT: (28.4) million
RECEIVED FROM COUNTY GOVERNMENT: (24.4) million
ISLAMORADA CAPITAL CONTRIBUTION: (2.2) million [1]
PRINCIPAL CONTRIBUTION FROM LOCAL SERVICE AREA:
33% OF PROJECT COST:
SHORTFALL:
FIRST OF TEN ANNUAL PAYMENTS TO MAKE UP SHORTFALL:
77.9 million
51.0 miilion
26.9 miliion
2.7 miilion
ASSUMiNG YEAR2 MAYFiELD FUNDiNG MUST BE USED FOR NEW PROJECTS
[1]
TOTAL PROJECT COST: 171.5 million
RECEIVED FROM FEDERAL GOVERNMENT: (21.6) million
RECEIVED FROM STATE GOVERNMENT: (28.4) million
RECEIVED FROM COUNTY GOVERNMENT: (24.4) million
ISLAMORADA CAPITAL CONTRIBUTION: (2.2) miilion
PRINCIPAL CONTRIBUTION FROM LOCAL SERVICE AREA: 94.9 million
33% OF PROJECT COST: 56.6 miliion
SHORTFALL: 38.3 miliion
FIRST OF TEN ANNUAL PAYMENTS TO MAKE UP SHORTFALL: 3.8 million
KEY LARGO WASTEWATER TREATMENT DISTRICT
COMPUTATION OF FUNDING DISPARITY
PREPARED BY: M. BLANK, PE
DATE: JANUARY 22, 2014
Table 1: Local Contribution per £DU
Subtotal State Subtotal Outside
Other Sources Sources
Contribution
from Local
Service Area
contribution perNumber of EDUs EOUService Area Project Cost Countywide Funds
Service Area Project Cost Number of EDUs Cost per EOU
KLWTD $ 154.S0 16,799 $ 9,196.98
Stock Island (1) $ 4.50 1,479 $ 3,042.60
BigCoppitt (2) $ 36.50 2,023 $ 18,042.51
Bay Point $ 6.40 357 S 17,927.17
Cudjoe Regional $ 147.00 8,696 $ 16,904.32
Conch Key/Duck Key s 19.20 1,454 $ 13,204.95
Subtotal COunty/FKAA: $ 213.60 14,009 $ 15,247.34
(1) Note that the facts surrrounding the Stock Island project are murky, contradictory and difficult to verify. The sales tax numbers used In this spreadsheet were provided by Countystaff, but they do not tie to the County's own Infrastructure Sales Tax spreadsheet In an effort to be conservative,the lower sales tax numbers provided by County staff were used. Thedisaepancy could actually be somewhat worse than presented depending on which figures are correct
(2) The sales tax discrepancy also exists for the BigCoppitt project. The lower numbers have been used in an effort to be conservative.
