Item B10
Marine Resources
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 22 November 2000
Division: Growth Management
Bulk Item: Yes _X_ No
Department: Marine Resources
AGENDA ITEM WORDING:
Approval of a revised Memorandum of Understanding between Monroe County and the Florida
Department of Health for the Homeowner Wastewater Assistance Grant Program.
ITEM BACKGROUND:
Effective the first of the year 2000, Monroe County and the Department of Health entered into a
Memorandum of Understanding (MOU) to carry out a Homeowners Wastewater Assistance
Grant Program. In general, State contracts provide approximately 77 % of the grant funding for
the Program, augmented by an approximate 23 % County match. The Department of Health
administers the Program. For this service, the County provides an additional 10% administrative
overhead for each grant dollar provided to the public.
Amendments to the MOU were contemplated from time to time to reflect the addition of new
grant dollars. At the last BOCC meeting, the board approved an additional Department of
Community Affairs (DCA) grant in the amount of $624,850 and moved funds from an earlier
DCA grant in the amount of $200,000 (originally administered by the Monroe County Housing
Authority) to the current grant program. The changes in this MOU reflect the additions of these
grant dollars to DOH's administrative responsibilities.
PREVIOUS RELEVANT BOARD ACTION:
Approval of the original MOU and two amendments
Approval of four State contracts providing funds in the amount of $2,175,600 currently.
STAFF RECOMMENDATION:
Approval
TOTAL COST: $3.181.057.86 Proiected
BUDGETED: Yes _X_ No_
COST TO COUNTY: $716.270.78 grants I $289.187.08 Admin. Proiected
APPROVED BY: County Attorney _X_ OMBlPurchasing _X_ Risk ManagementX.
Growth Management
DEPARTMENT DIRECTOR APPROVAL:
G
DIVISION DIRECTOR APPROVAL:
Timothy McG
DISPOSITION:
BCOOlllO
10123100 1:53 PM
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Agenda Item #: ~
DOCUMENTATION: Included _X_ To follow
MONROE COUNTY BOJ.JID OF COUNTY COMl\lISSIONERS
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Contract with:
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Effective Date:.iL/ 2.l.I!!:i2
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Contract Purpose/Description: w\.e~~d~ _ 11JM L~;}.. A<-j-=--'-'-
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Agenda Deadline: / 1 (;..'3 1i9-C'
CONTRACT COSTS /J1f.
Total Dollar Value of Contract: $ :3. 2 u.J it IJ'77 Current Year Portion: $ ,2 J {J ~ c/v?
Budgeted? Yes*No Account Codes: iZC, - ;~(u)'7 -,5J::f7b- &4fJ9,,}:; <;so3'!o
Grant: $ '~, 1jf'!;t, ~-S' -3,",,:; -. ~<'il#? ~t<'t~ ,Ho Ne -
County Match:' $: . ~ c l:f.s.b I Z.s -~1olJ ...,~~-'-IJ {)ltU s~?lo
, . ADDITIONAL COSTS
Estimated Ongoing Costs: $ _.'-- Iyr For: -
(Not included in dollar value above) (eg. maintenance. utilities, janitorial, salaries. etc.)
Division Director
CONTRACT REVIEW
Changes
Needed
Yes No /'
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County Attorney
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Comments :
OMB Fonn Revised 8/30/95 MCP n
MEMORANDUM OF UNDERSTANDING
NO. DOH 01-2000, BETWEEN MONROE COUNTY AND THE FLORIDA
DEPARTMENT OF HEALTH, MONROE COUNTY HEALTH
DEPARTMENT, TO IMPLEMENT A HOMEOWNERS
W ASTEW A TER SYSTEM ASSISTANCE PROGRAM
This Memorandum of Understanding (MOU) is entered into between Monroe
County (County) and the Florida Department of Health, Monroe County Health
Department (MCHD), under the authority granted in Section 163.01, F.S.
I. PURPOSE
The purpose of this MOU is to outline the shared responsibilities of the Monroe
County Board of Commissioners (BOCC) and the MCHD concerning the
implementation of:
. Ordinance 031-1999, the Cesspool Identification and Elimination Ordinance,
and
. a grant assistance program for the replacement of cesspools and other unknown
on-site wastewater systems.
II. BACKGROUND
On 15 April 1993, the Board of County Commissioners adopted its 2010
Comprehensive Plan as required under Chapters 163 and 380 of the Florida
Statutes. After lengthy litigation through two separate administrative hearing
processes, the final adoption of the Monroe County 2010 Comprehensive Plan
(2010 Plan) occurred on 17 July 1997. The Comprehensive Plan, including the
seven-year work program, were recently revised in Rule 28-20.100, by the
Governor and Cabinet in June of 1999.
The seven-year work program and Comprehensive Plan policies require that the
County cause cesspools and unknown systems to be replaced with permitted On-
site Wastewater Nutrient Reduction Systems (OWNRS) in areas which are not
identified for central sewer service systems (referred to as "Cold Spots"). This
program has been re-codified recently in Ordinance 031-1999 (revising Chapter
15.5, Monroe County Code), known as the Cesspool Identification and
Elimination Ordinance. That Ordinance focuses on areas that will not receive
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sewer service within the next ten years. As required in the seven-year work
program, the program to eliminate all cesspools and unknown systems outside
"Hot Spots" must be completed by 12 July 2003.
The BOCC and the State of Florida retain a concern that those individuals who
must replace a cesspool or unknown, unpermitted system under the requirements
of Ordinance 031-1999, should be provided an opportunity for grant funding in
order to assist in their replacement efforts. Thus, the County and the State have
initially set aside up to approximately $3.18 million for a cesspool and inadequate
unknown systems replacement grant assistance program.
Under the three-party Florida Department of Environmental Protection (DEP)
Contract SP527, approved by the Board of County Commissioners (BOCC) in
October 1999, the FDEP has agreed to provide $850,000 in funding to the grant
assistance program. This grant money is to be distributed to eligible residential
property owners in an amount comparable to the subsidy to be received by
property owners in the Little Venice Wastewater Project. Little Venice residential
property owners will receive approximately a sixty-two percent (62%) subsidy for
that wastewater project.
The Florida Department of Community Affairs (FDCA) has provided up to
$1,325,600 in funding to the grant assistance program, in three separate contracts.
These funds are expected to be granted to eligible property owners in accordance
with technical and eligibility guidelines specified in FDEP Contract SP527.
The cost of constructing an OWNRS under current standards is estimated to be
approximately $13,500 (including engineering fees and removal of any cesspool).
Sixty-two percent of this amount is approximately $8,400, which will be provided
as a flat subsidy to residential property owners replacing cesspools or other
unknown systems under Ordinance 031-1999.
Using its infrastructure funds, the County has agreed to provide a sliding-scale
subsidy in addition to the flat subsidy provided using state funds. The County will
provide up to $910,788 of infrastructure sales tax money toward this effort. The
amount provided to each residential property owner will be based on the current
assessed value of improvements to the subject property.
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The MCHD has agreed to administer the Homeowners Wastewater System
Assistance Program (HWSAP) using State and County funds for ten (10) percent
of the amount provided under the grant program.
On November 10, 1999, the Board of County Commissioners approved DOH 01-
1999 Memorandum of Understanding, which was executed by the MCHD on
December 15, 1999. Subsequently, the Board of County Commissioners approved
two Amendments to the original MOU, which revised the amount of funds
involved and certain eligibility requirements. It is contemplated that the MOU
will be revised to reflect available grant fund dollars and the adequate
administrative match monies.
This document replaces all previous versions of the MOU incorporating all
previous amendments and providing for changes reflected in this document.
Changes are intended only to reflect new Contract grant dollars and to establish a
payment schedule to MCHD.
III. AGREEMENT
A. Implementation of the Cesspool Identification and Elimination Ordinance.
1. The County and MCHD agree to coordinate implementation of the
Cesspool Identification and Elimination Ordinance, Ordinance 031-1999,
revising Chapter 15.5, Monroe County Code.
2. The MCHD shall prepare notification packages and official notification
letters to be sent to property owners under the Cesspool Identification and
Elimination Ordinance. The notification packages shall contain basic
consumer information on the HWSAP. The official notification letters shall
constitute formal notice to the property owners requiring them to come into
compliance with the requirements of the Cesspool Identification and
Elimination Ordinance. Included with each official notification letter shall
be necessary forms and instructions for complying with MCHD
requirements and instructions on how to receive grant assistance for the
replacement of the cesspool or inadequate unknown system.
3. The MCHD shall have responsibility for sending out notification
packages to owners of all properties identified on the MCHD "unknown
systems" list within Cesspool Identification and Elimination Areas
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("CIEAs") delineated by resolution of the BOCC, as specified in Ordinance
031-1999. After consultation with the Monroe County staff, the MCHD
shall send official notification letters to all owners of non-residential
properties and some portion or all of the owners of residential properties
identified on the MCDH ''unknown systems" within a "CIEA." The number
of official notification letters sent to owners of residential properties shall
be limited to the number of cesspools and unknown systems anticipated to
be replaced for which grant funding is available. Wherever possible, the
official notification letters shall be sent to concentrated geographic areas
and subdivisions.
4. The County and MCHD shall cooperate to develop the content of the
mail-out to those property owners receiving notification packages and
official notification letters as noted in Section III. A. 2. above.
5. The County and MCHD shall develop a public outreach effort to inform
the County's citizens about the implementation of the Cesspool
Identification and Elimination program - who will be affected, where, what
will be required of them, and what it is expected to cost. This program will
be carried out in fulfillment of task requirements identified in the seven-year
work program adopted by the Governor and Cabinet in Rule 28-20.100.
B. Implementation of the Homeowners Wastewater System Assistance
Program.
1. General Provisions
a.) The County and MCHD agree to coordinate a grant assistance
program for replacement of cesspools and unknown systems on
residential properties in accordance with the provisions of the three-party
FDEP contract SP527 and this Agreement.
b.) The MCHD shall administer the grants assistance program in
accordance with all the terms and provisions of FDEP Contract SP527
and this Agreement. The payment conditions, schedules, record keeping
and audit requirements of FDEP Contract SP527 also apply to this
Agreement. A copy of FDEP Contract SP527 is hereby attached to this
Agreement (Attachment 1). In furtherance of the objectives of this
Agreement, the MCHD shall provide the County with a copy of all
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reports required by FDEP Contract SP527 and provide quarterly status
reports to the County beginning with the calendar year beginning on
January 1, 2000. The quarterly reports shall outline the grant assistance
program's administrative activities and expenditures for the reporting
period.
2. State Grant Sources
a.) State funding sources for replacement of unknown and inadequate
on-site waste treatment and disposal systems include $2,175,600 in one
FDEP Contract and three FDCA grant Contracts. The FDCA grants
shall be administered in the same general manner and under the same
basic guidelines as the FDEP SP527 grant Contract. Quarterly reports
required under SP527, will be expanded to include funds expended
under the FDCA grants and will be provided to the FDCA Contract
Manager. Specifically these contracts include:
Contract Number County Account Amount
SP527 NA $850,000
99-DR-1Q-11-54-01-001 125-53009-530490-GW9903-530340 $100,000
00-DR-1W-11-54-01-002 125-53009-334500-GWOO03-530340 $600,750
01-DR-1?-11-54-01-00? 125-53011-530490-GW0102-530340 $624,850
The FDCA Contracts are attached as Attachments 2 through 4.
3. County Grant Funds
a.) The County shall provide for the entire share of the eligible costs
for replacement of inadequate on-site waste water treatment and disposal
systems eligible for assistance under the shared use of a system
provisions of Section III B 6. f.).
b.) Predicated on Section III B. 2. a.) immediately above, Monroe
County shall make available to MCHD up to $716,271 as a grant match
to the FDCA and FDEP funds. These funds have been provided in part in
($220,787) the County's frrst payment of $509,975 to MCHD, February
2000.
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4. Administrative Funds
a.) Through the duration of this grant assistance program, and unless
otherwise modified by an amendment to this Agreement, the County
shall provide ten percent of the cumulative total of all available grant
funds to MCHD for administration of the cesspool replacement grant
assistance program.
b.) Based on the sum of the current State contracts available to fund
the HWSAP and the projected requirements of County match dollars
identified in Section III. B. 2. c.) above, The County will be required to
expend an estimated $289,188 for MCHD administrative overhead.
These funds have been provided in their entirety in the County's frrst
payment of $509,975 to MCHD, February 2000.
5. County Budget Appropriations
a.) The County will provide up to $1,821,084 (State grant dollars and
required County match dollars) in five lump sum amounts. The frrst
$200,000 will be provided no later than 1 November 2000,
corresponding to the FDCA Contract 99-DR-IQ-II-54-01-001 which
must be allocated and spent by 31 December 2000.. Use of FDCA
Contract 99-DR-IQ-II-54-01-oo1 will be prioritized until those funds
and County match funds are exhausted. The remaining grant funds
amounting to $1,621,084 will be provided in four lump sums of
$406,021 on the following approximate schedule; 31 January 2001, 30
April 2001, 31 July 2001, and 30 November 2001.
b.) If at any time MCHD determines that additional monies are not
immediately required for a given quarter, as identified above, then they
will notify the County that a quarterly payment is not required.
However, in no case shall such payment lapse more than 60 days from
the last required payment and in no case shall monies be provided after
the last identified quarter, 30 November 2001.
c.) This sub-section is subject to revision based on the progress of the
HWSAP and the possibility of FDCA Contract extensions for Contracts
approved in 2000.
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6. Homeowners Wastewater System Assistance Program (HWSAP)
a.) The MCHD shall administer a sliding scale, improved property
value based, HWSAP on behalf of Monroe County and the State of
Florida.
b.) The grant assistance program shall be available to property owners
of all eligible residential properties, including mobile home and trailer
parks. These funds shall be used to partially defray the costs for the
replacement of cesspools or unknown systems or eligible inadequate
systems with an approved OWNRS, small off-site cluster systems, or
DEP approved wastewater treatment facilities, in accordance with FDEP
Contract SP 527 and this Agreement.
c.) Only owners of residential properties identified through
implementation of Ordinance 031-1999 and owners of residential
properties under the provisions of Section III B. 4. f.) shall be eligible for
the grant assistance program. Except for residential properties made
eligible for grant assistance under the provisions of Section III B. 4. f.),
these properties must be listed on the MCHD's "unknown systems" list
and subsequently identified as existing within a "CIEA" as defined in
Ordinance 031-1999 and adopted by Resolution of the BOCC. Owners
of residential properties identified on the "unknown systems" list within
a designated" CIEA" that receive an official notification letter from
MCHD or owners of residential properties under the provisions of
Section III B. 4. f.) shall be eligible for grant assistance funding. Owners
of other residential properties on the "unknown systems" list situated
within a "CIEA" shall not be eligible for grant funding until they receive
an official notification letter from MCHD. Commercial properties shall
be ineligible for any grant assistance funding under this program.
d.) The grant assistance levels provided per each replaced on-site
system through this grant program are identified in Attachment 2 and
may be modified through amendments to this Agreement. These
assistance levels shall be the maximum amounts that may be granted to
an eligible property owner per system replaced.
e.) If the actual cost of construction of an OWNRS or eligible
replacement system is less than the $13,500 average cost estimated by
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the County, the grant assistance applicant shall only be eligible to
receive a proportionate share of the costs for reimbursement. This share
shall be calculated as follows: sixty-two percent (62%) of total costs for
properties with improvements valued over $200,000; seventy percent
(70%) of total costs for properties with improvements valued between
$100,000 and $200,000; and eighty-four percent (84%) of the total costs
for properties with improvements valued less than $100,000.
f.) Owners of residential properties located within a "Cold Spot,"
who want to replace their permitted systems through the shared use of a
new system with an adjacent property owner, who has received an
official notification letter, as provided for in Section III B. 4. c.), shall be
eligible for the grant assistance program. The grant to be provided to
each property owner shall be in accordance with Attachment 3.
g.) MCHD shall not provide grant funds to any property owner, who
has been found to be in violation by the County Code Enforcement
Special Master of failing to comply with any of the provisions of Chapter
15.5 of the Monroe County Code.
h.) Any nutrient credit that is generated by replacement of an on-site
system for which grant assistance is provided under this program shall be
the property of Monroe County. As a condition of receiving grant
assistance, the property owner shall be required to sign a statement
waiving any right to such nutrient credits.
7. Incorporation of Amendments
a.) This Agreement replaces Memorandum of Understanding, No.
DOH 01-1999, as amended, dated October 16,2000.
8. Effective Date and Termination
a.) This Agreement shall be effective on the date the last party signs
this agreement. It shall remain in effect until July 12, 2003, unless
modified in writing between the two parties; or terminated as provided in
Section III 5. b.) below; or, unless the FDEP Contract SP 527 and
subsequent FDCA Contracts are terminated.
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b.) This Agreement may be terminated in whole or part by any of the
signed parties for convenience without cause, provided that no
termination may be effected unless the other party is given (1) not less
than sixty (60) calendar days written notice (delivered by certified mail,
return receipt requested) of the intent to terminate and (2) an opportunity
for consultation with the terminating party. If termination for
convenience is effected by the County, the MCHD shall return to the
County all unexpended County funds adjusted for work performed and
settlement costs reasonably incurred by MCHD relating to any
commitments or contracts (e.g. suppliers, contractors), which had
become binding prior to receipt of the notice of intent to terminate.
9. FDEP Coordination
a.) Both parties agree that any amendment to this Agreement revising
the grant assistance levels in Attachment 2 or guidelines for shared
systems in Attachment 3, requires the prior written consent of the FDEP
Project Manager for FDEP Agreement No. SP. 527.
REMAINING PORTION OF PAGE - BLANK
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THE PARTIES, by their duly authorized undersigned representatives have
executed this Agreement on the dates and year below written.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
MA YORlCHAIR PERSON
DATE:
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY:
DEPUTY CLERK
FLORIDA DEPARTMENT OF HEALTH,
MONROE COUNTY HEALTH DEPARTMENT
BY:
AUTHORIZED SIGNATORY
DATE:
APPROVED AS TO R>RM AND
:~A
COUNTY A1TORNE~
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