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Item Q7 BOARD OF COUNrt COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 15. 2002 Division: County Administrator Bulk Item: Yes No X Department: County Administrator AGENDA ITEM WORDING: Approval of a joint resolution between Monroe County and the Florida Keys Aqueduct Authority in reference to Bay Point and Conch Key Wastewater Project. ITEM BACKGROUND: Previously the Board of County Commissioners and the Florida Keys Aqueduct Authority approved a joint resolution in reference to the Key Largo Wastewater Project. The Aqueduct is requesting a similar resolution be passed in reference to Conch Key and Bay Point and, in fact, has already been passed by the Aqueduct Board. At the same time, the Florida Keys Aqueduct Authority is requesting removal from its responsibilities as the wastewater authority in Monroe County. PREVIOUS RELEVANT BOCC ACTION: As above CONTRACT I AGREEMENT CHANGES: N/ A STAFF RECOMMENDATIONS: Approval TOTAL COST: $233.035 for Conch Key $502.808 for Bay Point BUDGETED: Yes Nol COST TO COUNTY: $233.035 for Conch Key $502.808 for Bay Point REVENUE PRODUCING: Yes No X AMOUNT PER MONTH YR --'-- APPROVED BY: County Atty --X- DIVISION DIRECTOR APPROVAL: OMB/Purchasl~ Risk Management ~ -t: James L. Roberts, County Administrator DOCUMENTATION: Included X To Follow Not Required AGENDA ITEM # Q '7 DISPOSITION: JOINT RESOLUTION OF MONROE COUNTY BOCC AND FLORIDA KEYS AQUEDUCT AUTHORITY (April 17. 2002) - MONROE COUNTY RESOLUTION # FKAA RESOLUTION # A JOINT RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND THE FLORIDA KEYS AQUEDUCT AUTHORITY RELATING TO THE PROVISION OF WASTEWATER FACILITIES IN THE CONCH KEY AND BAY POINT AREAS OF MONROE COUNTY, FLORIDA; PROVIDING FOR A COMMITMENT TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN ORDER TO PRESERVE AND SECURE CERTAIN GRANT FUNDING FOR WASTEWATER PROJECT(S) IN THE CONCH KEY AND BAY POINT AREAS PROVIDING FOR MATCHING FUNDING BY MONROE COUNTY; PROVIDING FOR REIMBURSEMENTS BY MONROE COUNTY TO THE FLORIDA KEYS AQUEDUCT AUTHORITY; PROVIDING FOR THE DEVELOPMENT OF A CRITICAL EVENTS SCHEDULE ACCEPTABLE TO FEDERAL EMERGENCY MANAGEMENT AGENCY IN ORDER TO IMPLEMENT A WASTEWATER PROJECT IN THE CONCH KEY AND BAY POINT AREAS; PROVIDING THAT THIS JOINT RESOLUTION BE DEEMED AN INTERLOCAL AGREEMENT PURSUANT TO SECTION 163.01, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND THE BOARD OF DIRECTORS OF THE FLORIDA KEYS AQUEDUCT AUTHORITY THAT: SECTION 1. FINDINGS. It is ascertained, determined and declared that: (A) The Florida Keys Aqueduct Authority (the "FKAA") is a special purpose local government charged with the authority to provide wastewater facilities and services in unincorporated Monroe County pursuant to a Special Act of the Florida Legislature under Chapter 76-441, Laws of Florida, as amended. (B) Monroe County and the FK.AA have entered into various memoranda. of understanding and other agreements that describe shared responsibilities between Monroe County and the FK.AA for the development of wastewater facilities and services in Monroe County. (C) Under Public Law 106-31, the Emergency Supplemental Appropriations Act for fiscal year 1999 (1249 and 1259 Unmet Needs Program), a supplemental appropriation was made available to Monroe County for wastewater projects in the Conch Key and Bay Point areas. Premised upon the authority of the FK.AA to provide wastewater facilities and services within the unincorporated portions of Monroe County, the FK.AA has been designated as sub-grantee under the Unmet Needs Program to receive and expend grant funds for a wastewater project(s) in the Conch Key and Bay Point areas. The Federal Emergency Management Agency ("FEMA") and the State of Florida Department of Community Affairs ("DCA") are charged with administering grants under the Unrnet Needs Program. (D) In order to continue to receive state and federal grant funding under the Unmet Needs Program, for the Conch Key and Bay point areas FEMA has advised Monroe County and FKAA there needs to be a firm commitment to continue to develop and implement wastewater proj ects for the Conch Key and Bay Point areas. (E) Further, FEMA has advised Monroe County and FKAA that a firm commitment to proceed will require the development of a set of "milestones" or critical events to advance, develop and implement the construction of the contemplated wastewater project(s) in the Conch Key and Bay Point areas and that such "milestones" or critical events thereafter must be diligently and timely accomplished in order to continue to secure grant funding under the Unrnet Needs Program. (F) It is recognized and agreed that the FKAA has no independent source of funds for the Conch Key area and Bay Point area wastewater project(s) and has initially borrowed funds through a loan to meet the initial local match portion and is acting hereunder on reliance upon Monroe County and the Unmet Needs Program in order to fulfill its obligations hereunder. SECTION 2. MONROE COUNTY COMMITMENTS TO FKAA. In order to continue to secure wastewater project funding under the Unmet Needs Program for the Conch Key area and Bay Point area, Monroe County commits and agrees as follows: (A) Monroe County shall immediately appropriate and fund all matching fund requirements of local government under the Unmet Needs Program grant requirements for Conch Project ($1,864,285 ), Federal Share $1,398,215, State Share $233,035, and Local Share $233,035 and the Bay Point Project ($4,022,464) Federal Share $3,016,848, State Share $502,808 and Local Share $502,808. Monroe County will forward to FKAA twenty percent (20%) of the required local match upon execution of this resolution for reimbursement of authorized expenditures under the executed Phase I agreements with the Florida Department of Community Affairs. Such funds to be held by FK.AA as security for the local match in a separate fund and used solely for the Conch Key and Bay Point wastewater project(s), and otherwise segregated from all other funds of the FKAA. Any earned interest on these funds shall be considered as part of the principal amount of local match funding required by Monroe County and subject to same conditions of expenditure. Upon FKAA written request based on previous expenditure documentation, Monroe County will subsequently make local match reimbursement up to the stated 20% for Conch Key ($46,607) and for Bay Point ($100,561) Monroe County will subsequently make local match reimbursements upon the approval of the federal/state reimbursements to FKAA. It is the intent of the parties to recover Monroe County's local match contribution from user fees and/or special assessments. For all matching 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 County's Clerk, in order to assure that the County matching funds forwarded or transferred 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 State of Florida. Any matching funds forwarded or transferred by the County to the FK.AA 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 FK.AA agrees to provide the County Clerk and Administrator with quarterly status reports concerning the expenditure of County matching funds in sufficient detail to demonstrate compliance with the provisions of this joint resolution and interlocal agreement. (B) Monroe County reaffirms and acknowledges its obligation to reimburse the FKAA for all prior legally incurred expenditures prior to the execution of the Phase I Agreement with DCA, related to wastewater initiatives in the Conch Key area ($12,946) and to pay in full to the FKAA within thirty (30) days upon review and approval by the County Clerk. (C) Monroe County commits to obtain a proposed wastewater treatment plant site(s) to serve Conch Key area and Bay Point areas. Monroe County shall exercise its powers of eminent domain if it cannot otherwise expeditiously negotiate the purchase for the sites. It is recognized that the cost to acquire the site is an eligible expense from funding under the Unmet Needs Program and/or the required matching grant dollars. (D) Upon execution of a construction contract for a wastewater treatment and collection system for the Conch Key area and/or the Bay Point area, FK.AA shall enter into a sub-agreement with Monroe County. Under the sub-agreement, Monroe County shall be responsible for the provision directly or by subcontract of construction management, administration and inspection, all of which shall be an eligible project expense as either local match and/or project reimbursement from state/federal match. (E) Monroe County shall work diligently with the FKAA to develop and adopt, within sixty (60) days of the effective date hereof, a series of milestones or critical events, acceptable to the FK.AA and FEMA for the completion of wastewater project(s) in the Conch Key area and the Bay Point area.. (F) Monroe County agrees to timely implement the foregoing critical events schedule adopted by the FKAA and Monroe County as approved by FEMA. SECTION 3. FKAA COMMITMENTS TO MONROE COUNTY. In order to continue to secure wastewater project funding under the Unmet Needs Program for the Conch Key area and the Bay Point area, the FKAA commits and agrees as follows: (A) FKAA shall work diligently with Monroe County to develop and adopt, within sixty (60) days of the effective date hereof, a series of milestones or critical events, acceptable to Monroe County and FEMA, for the completion of wastewater project(s) in the Conch Key area and Bay Point area. (B) FK.AA agrees to timely implement the critical events schedule adopted by the FK.AA and Monroe County as approved by FEMA; provided however, that all FKAA activities called for under this resolution shall be paid as an eligible expense from funding under the Unmet Needs Program and/or the required matching grant dollars, or otherwise reimbursed to FK.AA by Monroe County. (C) Upon the creation, establishment and organization by Monroe County of a division or department of local government and/or any officially designated entity to assume wastewater authority and responsibility, the FK.AA agrees to conveyor otherwise transfer all wastewater facilities and responsibilities to Monroe County without additional cost (other than full reimbursement as set forth in subsection (B) above) upon Monroe County's unqualified acceptance and assumption of all liability and responsibility associated therewith. Any such transfer shall be first subject to approval by FEMA and DCA. SECTION 4. INTERLOCAL AGREEMENT. (A) This Resolution constitutes a joint exercise of power, privilege or authority by and between Monroe County and the FKAA and shall be deemed to be an "Interlocal Agreement" within the meaning of the Florida Interlocal Cooperation Act of 1969 as amended. This Resolution shall be filed with the Clerk ofthe Circuit Court of Monroe County. (B) This Resolution shall remain effective until the Unmet Needs Program grant funding addressed by this resolution is expended for wastewater project(s) in the Conch Key area and Bay Point area; or, such grant funds are withdrawn by FEMA or DCA and are no longer available, and until the FKAA has been fully paid all sums as required hereby. SECTION 5. SEVERABIL TY. Any provision of this Resolution shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions thereof. PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held on this _ day of April 2002. Mayor Charles "Sonny" McCoy Commissioner Murray Nelson Commissioner George Neugent Commissioner Dixie Spehar Commissioner Nora Williams BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) By: Mayor/Chairperson Danny L. Kolhage, Clerk By: Deputy Clerk DULY ADOPTED by the Florida Keys Aqueduct Authority this _ day of April 2002. BOARD OF DIRECTORS FLORIDA KEYS AQUEDUCT AUTHORITY (SEAL) By: John M. Koenig, Sr., Chairman Attest: Mary L. Rice, Secretary- Treasurec