Resolution 349-2002
JOINT RESOLUTION OF MONROE COUNTY BOCC AND FLORIDA KEYS
AOUEDUCT AUTHORITY
MONROE COUNTY RESOLUTION # 349 2002
FKAA RESOLUTION # 0 2 - 2 5
A JOINT RESOLUTION OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AND THE FLORIDA KEYS
AQUEDUCT AUTHORITY RELATING TO THE PROVISION
OF WASTEWATER FACIUTIES IN THE KEY LARGO AREA
OF MONROE COUNTY, FLORIDA; PROVIDING FOR A
COMMITMENT TO THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION ("FDEP") TO PRESERVE
AND SECURE CERTAIN GRANT FUNDING FOR A
WASTEWATER PROJECT IN THE KEY LARGO AREA
PROVIDING FOR REQUIRED FUNDING BY MONROE
COUNTY FOR THE PROJECT'S PLANNING/DESIGN;
PROVIDING FOR THE COUNTY'S SHIP PROGRAM
SUPPORT: PROVIDING FOR THE DEVELOPMENT OF A
CRITICAL EVENTS SCHEDULE ACCEPTABLE TO FDEP IN
ORDER TO IMPLEMENT A WASTEWATER PROJECT IN
THE KEY LARGO AREA; PROVIDING FOR TRANSITION
TO THE GOVERNING BOARD OF THE KEY LARGO
WASTEWATER TREATMENT DISTRICT; 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 RESOLVED 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 FKAA have entered into various memoranda of
understanding and other agreements that describe shared responsibilities between
Monroe County and the FKAA for the development of wastewater facilities and
services in Monroe County.
(C) Under the State of Florida's 2002-03 General Appropriations Act, Line
Item 1765A, Fixed Capital Outlay, Keys Wastewater Management Plan
Implementation from Land Acquisition Trust Fund, a specified appropriation was
made available to Monroe County for Key Largo in the amount of One Million Six
Hundred and Sixty Thousand Dollars ($1,660,000.00).
(D) In order to secure grant funding FDEP has advised Monroe County that
Monroe County must provide a firm commitment to immediately develop and
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implement a project in the Key Largo area inclusive of a detailed application
submittal as outlined by FDEP, no later than August 19, 2002.
(E) Further, it is specified under the State of Florida's 2002-03 General
Appropriations Act, Line Item 1765A, Fixed Capital Outlay, Keys Wastewater
Management Plan Implementation from Land Acquisition Trust Fund that project
sites necessary to project viability must have been acquired, construction bids or
design/build proposals must have been evaluated, and a system of user charges,
fees, or assessment must have been established no later than March 1, 2003.
(F) Monroe County has selected the geographical area known as Key
Largo Park as the designated project area.
(G) Monroe County shall work diligently with the FKAA to develop all
necessary FDEP submittals to meet any FDEP established deadlines inclusive of the
existing August 19, 2002 and the March 1, 2003 deadlines.
SECTION 2. MONROE COUNTY COMMITMENTS. In order to secure the
above stated wastewater project funding for the Key Largo area, Monroe County
commits and agrees as follows:
(A) Monroe County affirms that the BOCC has authorized the FKAA to be
the local governmental entity responsible for project documentation required under
the grant program until project transition to the Governing Board of the Key Largo
Wastewater Treatment District ("Governing Board") and hereby authorizes the FKAA
to execute a grant agreement for those requirements with FDEP.
(B) Monroe County shall immediately appropriate and fund Two Hundred
Thousand Dollars ($200,000.00) to complete preliminary project design, engineering
and other FDEP documentation requirements for the Key Largo Park project. Monroe
County shall pay the FKAA on a reimbursement basis for the consultant engineering
services to complete these documentation requirements. If further County funds are
necessary to complete these documentation requirements, such funds shall be paid
on a reimbursement basis to FKAA upon modifications to this agreement, executed in
writing between the County and the FKAA. All the FKAA financial records pertaining
to this agreement must be made available, upon to request to the Clerk, an auditor
employed by the County or State of Florida. Any funds forwarded or transferred by
the County to the FKAA under this agreement that are determined by the Clerk, an
auditor employed by the County or State of Florida, to have been spent on a purpose
not contemplated by this agreement shall 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.
(C) Monroe County hereby authorizes the County's SHIP Program
Administrator to allocate up to Two Hundred Thousand Dollars ($200,000.00) under
the Low Income Homeowner strategy for direct assistance to qualified applicants
towards the payment of the system connection charge and/or the homeowner's costs
for existing system abandonment and installation of new laterals.
(D) Monroe County hereby recognizes the pending establishment of the
Governing Board and its duly constituted authority and responsibilities. It is further
recognized that there must be a transition period for project authority and
responsibility between the FKAA and the Governing Board under the FDEP
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Agreement. During the transition period (i.e., beginning on the date that the District
Board commences legal existence, and ending on the date when the District Board
advises the BOCC and FKAA that it is prepared to take over administration of the KLP
project) FKAA will, as agent of the BOCC, continue to develop and promulgate a
Request for Technical Proposal (RFP) to the point that responses to the RFP are
ready to be acted upon. The RFP will state that the District Board will make the
decision to rank the RFP respondents and to award the contract. FKAA agrees that
its contractual design professional may be utilized by the District Board, at the
Board's election and expense, to assist the Board in evaluating RFP responses. The
Governing Board shall have the authority and responsibility for the project's
contracting and expenditure of the state's Trust Fund Key Largo allocation of the
$1,660,000.00.
SECTION 3. FKAA COMMITMENTS TO MONROE COUNTY. In order to secure
the above stated wastewater project funding for the Key Largo area, FKAA commits
and agrees as follows:
(A) The FKAA shall be the local governmental entity to be responsible for
project documentation inclusive of FDEP requirements per the August 19, 2002
deadline and to negotiate a FDEP grant agreement to secure funding availability in
the amount of $1,660,000 for the Key Largo project.
(B) The FKAA shall only authorize such project development expenditures
as provided for by county funding.
(C) The FKAA hereby recognizes the pending establishment of the
Governing Board and its duly constituted authority and responsibilities. It is further
recognized that there must be a transition period for project authority and
responsibility between the FKAA and the Governing Board under the FDEP
Agreement. During the transition period (i.e., beginning on the date that the District
Board commences legal existence, and ending on the date when the District Board
advises the BOCC and FKAA that it is prepared to take over administration of the KLP
project) FKAA will, as agent of the BOCC, continue to develop and promulgate a
Request for Technical Proposal (RFP) to the pOint that responses to the RFP are
ready to be acted upon. The RFP will state that the District Board will make the
decision to rank the RFP respondents and to award the contract. FKAA agrees that
its contractual design professional may be utilized by the District Board, at the
Board's election and expense, to assist the Board in evaluating RFP responses.
The Governing Board shall have the authority and responsibility for the project's
contracting and expenditure of the state's Trust Fund Key Largo allocation of the
$1,660,000.00.
(D) The FKAA agrees to prOVide the County Clerk and Administrator with
quarterly progress reports on the use of these County funds, including providing all
supporting consultant engineering invoices, to demonstrate compliance with the
provision of this agreement.
SECTION 4. INTERLOCAL AGREEMENT. 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 of the Circuit Court of Monroe County.
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Mayor Charles "Sonny" McCoy
Mayor Pro Tem Dixie Spehar
/ Commissioner Bert Jimenez
:,:"<"'-"~'::~:(:?~;::.:, Commissioner George Neugent
'~,'\~~ !'d~:~~<~/~ommissioner Murray Nelson
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,-< f, '.\<~~':t>,~' NY L.KOLHAGE, Clerk
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SECTION 5. SEVERABIUTY. If 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 _21st day of August
2002.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
\.-v)"
By
Mayor/Chairperson
DULY ADOPTED by the Florida Keys Aqueduct Authority this _ day of
August 2002.
BOARD OF DIRECTORS
FLORIDA KEYS AQUEDUCT AUTHORITY
(SEAL)
By:
Attest:
Mary L. Rice,
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