Item T2
UO/~O/LUUL a~:lb
.:f11~-2t1':f-2~.:fb
PLANNING DEPT
PAGE 02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 21,2002
Division:County Administrator/Growth Mana~emel1t
Bulk Item: Yes
No X
Department:
N/A
AGENDA ITEM WORDI!' G: Approval of a Joint Resolution between Monroe County and the Florida Keys Aqueduct
Authority (FKAA) relating tl' the provision ofwa!ltewater facilities in Key Lingo and appropriation and transfer of County
funds to FKAA to pay for the completion of additional preliminary engineering and design work.
ITEM BACKGROUND: At its July 17, 2002, meeting, the BOCC authorized the application of $1.66 million made
available by the State of Flo,'ids for wBStewater projects in Monroe County to the expansion of the proposed Key Largo
Trailer Village project. Witt the additional funds available, the BOCC directed the staff to expand the Key Largo project
to include Key Largo Park.
To be eligible for the state funding from the Department of Environmental Protection, the responses to the FKAA's
Design/Build package for tt is project must be received by March I, 2003. To expeditiously complete the necessary
preliminary engineering and design for preparation of the project's Design/Build package, the County and FKAA staffs
have agreed to utilize the FK \A 's engineering consultant.
These expenditures for the er gineering consultant services are not covered by the FEMA Vnmet Needs Grant and State and
Count). match funds for de Key Largo wastewater project. Therefore, the FKAA will need additional funding
commitment from the County to pay for these services. The total amount of County funds needed to pay for these
additional services has yet to be detellllined, however the proposed agreement provides for on initial transfer of $200,000.
The funding sources for fins lcially supporting these services will be from the following: the County Comprehensive Plan
(148- 51000).
Other significant elements of the proposed agreement include: reatrlI1J111tion of County's commitment to use $166 million
in state funds for Key Largo project and authorization for FKAA to be lo<:al governmental entity responsible for project
documentation as required WIder FDEP grant guidelines; recognition of the transfer of authority and responsibility for this
project from County/FI<AA to the new independent Key Largo wastewater authority at the time the draft Request for
Design/Build Proposals are 5ubmined to the new governing body; and authorization for the County's SHIP Program
Administrator to allocation u) to $200,000 to assist low income homeowners.
PREVIOUS RELEVANT BOCC ACTJON: Approval of Joint Resolution (#093-2002) with the FKAA related to
provision of wastewater facii ities in the Key Largo area; and, approval of the use of S 1.66 million in state funds to serve
Key Largo Park with wastew Iter services.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:S200,000
COST TO COUNTY:~OO,OOO
BUDGETED: Yes: N/A No:
REVENUE PRODUCING:
Yes
No X
AMOUNT PER MONTH_
Year
APPROVED BY:
Cl.unt}. Atty ~
DIVISION DIRECTOR AF PROV AL:
DOCUMENTATION: In;luded --X- To Follow
DlSPOSITJON:
AGENDA ITEM #
-r=-'L
UO/~O/LUUL VO;~D
.:H:.I::J- Ltl':j-Z::l.:lb
PLANNlt-G DEPT
PAGE
MOl\ROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Er.AA
Contract #
Effective Date:
Expiration Date:
Contr~ct PurposelDl~scription:
Gu /) dJ:.- II
(Department/Stop #)
for BOCC meeting IIn
Agenda Deadline:
,;: 7 tJ~
CONTRACT COSTS
Total Dollar Value ClfContract: $ c.?OO I DDo C~9t Year Portion: $
Budgeted? Yes[R] No 0 Accoun~odes: ~"t'.f ..;fI (J~_
Grant: $ '~.u4 ~O~ () _ _ _ _
~ ~lIlr .-___
CountyMatch:S [ilIA ,- ~d"""~ _:_:_:_:
ADDITIONAL COSrs- --
Estimated Ongoing Costs: $ Iyr For:
(Not included in dollar "alue above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes e Out
Date In Needed ---./
Division Director 8-"/~esD NoEJ _
...........
Risk Management ~ YesD NoG
O.M.B.lPurchasing YesO No~- ~ a ~~ ,f'-/.J-::O"v
County Attomey R/ISID2-- YeSDNo)19'~
Comments:
OMB Form Revi!ed 2/27/01 MCP #2
VC/lD/LVVL ~tl:l&
3E15-289-2536
PLANNING DEPT
JOINT RESOLUTION OF MONROE COUNTY BOCC AND FLORIDA KEYS
AQUEDUCT AUTHORITY
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 KEY LARGO
AHEA OF MONROE COUNTY, FLORIDA;
PF:OVIDING FOR A COMMITMENT TO THE
FI,ORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION ("FDEP") TO PRESERVE AND
SECURE CERTAIN GRANT FUNDING FOR A
W.\STEW A TER PROJECT IN THE KEY LARGO
AHEA PROVIDING FOR REQUIRED FUNDING BY
MONROE COUNTY FOR THE PROJECT'S
PIANNINGIDESIGN; PROVIDING FOR THE
COUNTY'S SHIP PROGRAM SUPPORT:
PROVIDING FOR THE DEVELOPMENT OF A
CF~ITICAL EVENTS SCHEDULE ACCEPTABLE TO
FD,EP IN ORDER TO IMPLEMENT A
W.\STEWATER PROJECT IN THE KEY LARGO
AI:EA; PROVIDING FOR TRANSITION TO THE
GOVERNING BOARD OF THE KEY LARGO
W.\STEWATER TREATMENT DISTRICT;
p~ OVIDING TIIA T THIS JOINT RESOLUTION BE
DI:EMED AN INTERLOCAL AGREEMENT
PIRSUANT TO SECTION 163.01, FLORIDA
ST ATUTES; 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) Th,~ 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 COWIty pursuant to a Special Act of the Florida Legislatw-e
WIder Chapter 76-441, Laws of Florida, as amended.
Page 1 of 5
PAGE 04
UO/LO/LOOL ~tl:lb
,jt:l~-~I:1':l-~~,jb
PLANNING DEPT
PAGE El5
(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 f'KAA for the development of wastewater facilities and services in
Monroe County.
(C) Urder the State of Florida's 2002-03 General Appropriations Act, Line
Item 1765A, Fix(d Capital Outlay, Keys Wastewater Management Plan Implementation
from Land Acquisition Trust Fund, a specified appropriation was made available to
Monroe County lor Key Largo in the amount of One Million Six HWldred and Sixty
Thousand Dollars ($1,660,000,00).
(D) In order to secure grant funding FDEP has advised Monroe County that
Monroe COWlty must provide a firm commitment to immediately develop and implement
a project in the Key Largo area inclusive of a detailed application submittal as outlined
by FDEP, no lateJ than August 19,2002.
(E) Further, it is specified under the State of Florida's 2002-03 General
Appropriations 'lct, Line Item 1765A, Fixed Capital Outlay, Keys Wastewater
Management PlaJl Implementation from Land Acquisition Trust Fwd that project sites
necessary to proj(:cf 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 eHablished 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 H, 2002 and the March 1,2003 deadlines.
SECTION 2. MONROE COUNTY COMMITMENTS. In order to secure
the above stated wastewater project fWlding for the Key Largo area, Monroe County
commits and agre ~s as follows:
(A) Monroe County affirms that the BOCe 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 Treatnent 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 and engineering
and other FDEP .locumentation requirements for the Key Largo Park project. Monroe
County shall forward to the FKAA this funding amount upon execution of this resolution.
If further County funds are necessary to complete these documentation requirements,
such fWlds shall be forwarded to FKAA upon modifications to this agreement, executed
Page 2 of5
ODf~OfL~~L ~~:lb
305-289-2536
PLANNING DEPT
PAGE 66
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 COlmty or State of Florida, Any flmds 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 1his agreement shall be paid back to the County with interest calculated
pursuant to Sec. 55.03 (1), F,S" from the date the auditor detennines the funds were
expended for a ptupose not authorized by this agreement.
(C) Monroe COlmty hereby authorizes the COlmty's SHIP Program
Administrator to allocate up to Two Hundred Thousand Dollars ($200,000.00) lmder the
Low Income Homeowner strategy for direct assistance to qualified applicants towards the
payment of the s:'stem connection charge and/or the homeowner's costs for existing sy
stem abandonmert and installation of new laterals.
(D) Monroe County hereby recognizes the pending establislunent of the
Governing Board and its duly constituted authority and responsibilities. It is fwther
recognized that the transition point for project authority and responsibility between the
FKAA and the Governing Board Wlder the FDEP Agreement shall be the FKAA's
presentation of tb.e draft Request For Proposals to the Governing Board for their
consideration of publication and implementation, 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 $],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 agre~s as. follows:
(A) The FKAA shall be the local governmental entity to be responsible for
project documentation inclusive ofFDEP requirements per the August ]9,2002 deadline
and to negotiate a FDEP grant agreement to secure funding availability in the amount of
$] ,660,000 for th(: Key Largo project.
(B) The FKAA shall only authorize such project development expenditures as
provided for by c(lunty funding,
(C) The FKAA hereby recognizes the pending establislunent of the Goveming
Board and its dul:' constituted authority and responsibilities. It is further recognized that
the transition poillt for project authority and responsibility between the FKAA and the
Governing Board under the FDEP Agreement shall be the FKAA's presentation of the
draft Request For Proposals to the Governing Board for their consideration of publication
and illlplementati')l1. The Governing Buard shall have the authurity and responsibility
for the project's contracting and expenditure of the state's Trost Fund Key Largo
allocation of the $1,660,000.00.
Page 3 of 5
UUIAUfLUUL UO.~D
..:JU~-LD:J-L:.:J..:JO
M...ANNING DEPT
PAGE iH
(D) The FKAA agrees to provide the County Clerk and Administrator with
quarterly progres j 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 )ower, privilege or authority by and between Monroe County and the
FKAA and shall . Je deemed to be an Ulnterlocal Agreement" within the meaning of the
Florida Interloca1 Cooperation Act of 1969 as amended. This Resolution shall be filed
with the Clerk oihe Circuit Court of Monroe County.
SECTION 5. SEVERABILTY. If any provision of this Resolution shall be
held invalid or urenforceable by any court of competent jurisdiction; such holding shall
not invalidate or r~nder Wlenforceable any other provisions thereof,
[THE REMAINDER OF THIS PAGE IS LEFT INTENTlONALL Y BLANK.]
Page 4 ofS
--'~_"UUL UU.~U
~U..J -- LU J - L.J..;JU
rLHNru N\;J Ul:.1"' I
PAGE B8
PASSED AND ADOPTED by the Board of County Commissioners, Monroe
County, Florida at a regular meeting of said Board held on 1his 21st day of August 2002.
Mayol Charles "Sonny" McCoy
MayOl Pro Tem Dixie Spehar
Comrr..issioner Bert Jimenez
Comn: issioner George Neugent
Comrrissioner Murray Nelson
(SEAL)
DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Mayor/Chairperson
Deputy Clerk
DULY ADOPTED by the Florida Keys Aqueduct Authority this _ day of
August 2002,
BOARD OF DIRECTORS
FLORIDA KEYS AQUEDUCT AUTHORITY
(SEAL)
By:
John M, Koenig, Sr., Chairman
Attest:
Mary L. Rice, Se(:retary. Treasurer
Page 5 of 5
08/16/2002 08:16
31:15-289-2536
PLANNING DEPT
PAGE 02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 21, 2002
Division:County Administrator/Growth Mana~emellt
Bulk Item: Yes
No X
Department:
N/A
AGENDA ITEM WORDll" G: Approval of a Joint Resolution between Monroe County and the Florida Keys Aqueduct
Authority (FKAA) relating tc. the provision of wastewater facilities in Key Largo and appropriation and transfer of County
funds to FKAA to pay for tht completion of additional preliminary engineering and design work.
ITEM BACKGROUND: A t its July 17, 2002, meetmg, !.he BOCC authorized the application of $1.66 million made
available by the State of Flo.'ida for wastewater projects in Monroe County to the expansion of the proposed Key Largo
Trailer Village project. Witt the additional funds available, the BOCC directed the staff to expand the Key Largo project
to include Key Largo Park.
To be eligible for the state funding from the Department of Environmental Protection, the responses to the FKAA's
DeSIgn/Build package for tt is project must be received by March I, 2003. To expeditiously complete the necessary
preliminary engineering and design for preparation of the project's Design/Build package, the County and FKAA staffs
have agreed to utilize the FK \A' s engineering consultant.
These expenditures for the er gineering consultant services are not covered by the FEMA Dnmet Needs Grant and State and
County match funds for tie Key Largo wastewater project. Therefore, the FKAA will need additional funding
commitment from the County to pay for these services. The total amount of COUnty funds needed to pay for these
additional services has yet to be determined, however the proposed agreement provides for on initial transfer of $200,000.
The funding sources for fina lcially supporting these services will be from the following: the County Comprehensive Plan
(148-51000).
Other slgOlficant elements of the proposed agreement include: reaffIrmatlon of County's commitment to use $1.66 mtlIion
in state funds for Key Largo project and authorization for FKAA to be local governmental entity responsible for project
documentation as required wIder FDEP grant guidelines; recognition of the transfer of authority and responsibility for this
project from County/FKAA to the new independent Key Largo wastewater authority at the time the draft Request for
Design/Build Proposa19 are submitted to the new governing body; and authorization for the COUnty's SHIP Program
Administrator to allocation u) to $200,000 to assist low income homeowners.
PREVIOUS RELEVANT !lOCC ACTION: Approval of Joint Resolution (#093-2002) WIth the FKAA related to
provision of wastewater facii ities In the Key Largo area; and, approval of the use of $ 1.66 million in state funds to serve
Key Largo Park with wastew Iter services.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: S200,000
COST TO COUNTY:~OO,ooo
BUDGETED: Yes: N/A No:
REVENUE PRODUCING:
Yes
No X AMOUNT PER MONTH Yea~ _ _
APPROVED BY:
Cl.unty Arty ~
'sk Management _X_
DIVISION DIRECTOR AF PROV AL:
DOCUMENT ATION: In :hlded ~ To Follow
DISPOSITION:
AGENDA ITEM #
-r=-1.....
BS/16/2BB2 BS:16
3B5-289-2536
PlANNlt-G DEPT
PAGE B3
MOKROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: ErAA
Contract #
Effective Date:
Expiration Date:
(
Contract Manager: h~()M'f J,
(Name)
Gut; ~ /1
(Department/Stop #)
for BOCC meeting lID
Agenda Deadline:
F. 7 a;..
CONTRACT COSTS
Total DoUar Value (If Contract: $ cJ(Y) I DOo C~9t Year Portion: $
Budgetcd?Yes(&] NoD Accoun~odes: ~~I ~ 000 .
Grant; $ '~.u.4- ~,,~ () .- .- .-.
~ ~J.llr ---_
County Match: $ _ [\ItA ,- ~r~ =~=:=:==~
ADDITIONAL COSTS
Estimated Ongoing Costs: $ _/yr For:
(Not included in dollar "alue above) (eg. maintenance. utilities, janitorial. salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed--./
Division Director 8-"//I2./1'esD NoEJ _
.,
Risk Man~ement ~ YesD NoG
O.M.B.lPurchasing YesDNo~. ~ 0 ~~
County Attorney RI/:lID 2.- YesD No~ ~
Comments:
e Out
";'1'/1/2-
r-/j-:O)"..
OMB Form Revised 2/27/01 MCP #2
08/16/2002 08:16
305-289-2536
PlANNING DEPT
JOINT RESOLUTION OF MONROE COUNTY BOCC AND FLORIDA KEYS
AQUEDUCT AUTHORITY
MONROE CO{;NTY 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
W ~STEW A TER FACILITIES IN THE KEY LARGO
AUEA OF MONROE COUNTY, FLORIDA;
PF~OVIDING FOR A COMMITMENT TO THE
FlORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION ("FDEP") TO PRESERVE AND
SE CURE CERTAIN GRANT FUNDING FOR A
W,\STEW A TER PROJECT IN THE KEY LARGO
AltEA PROVIDING FOR REQUIRED FUNDING BY
MONROE COUNTY FOR THE PROJECT'S
PLANNINGIDESIGN; PROVIDING FOR THE
COUNTY'S SHIP PROGRAM SUPPORT:
PROVIDING FOR THE DEVELOPMENT OF A
CHITICAL EVENTS SCHEDULE ACCEPTABLE TO
FD,EP IN ORDER TO IMPLEMENT A
W.\STEW A TER PROJECT IN THE KEY LARGO
AI~A; PROVIDING FOR TRANSITION TO THE
GOVERNING BOARD OF THE KEY LARGO
W.\STEWATER TREATMENT DISTRICT;
P~ OVIDI~G THAT THIS JOINT RESOLUTION BE
DI:EMED AN INTERLOCAL AGREEMENT
PtRSUANT 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) Th,~ 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 COWlty pursuant to a Special Act of the Florida Legislature
tmder Chapter 76-441, Laws of Florida, as amended.
Page I of 5
PAGE 04
08/15/2002 68:15
365-289-2535
PLANNING DEPT
PAGE 05
(B) Monroe County and the FKAA have entered into various memoranda of
understanding and other agreements that describe shared responsibilities between Monroe
COWlty and the f'KAA for the development of wastewater facilities and services in
Monroe County.
(C) Urder the State of Florida's 2002-03 General Appropriations Act, Line
Item 1765A, Fix( d 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 HWldred and Sixty
Thousand Dollars ($1,660,000,00).
(D) In order to secure grant funding FDEP has advised Monroe County that
Monroe COlmty must provide a finn commitment to immediately develop and implement
a project in the I<.ey Largo area inclusive of a detailed application submittal as outlined
by FDEP, no latel than August 19,2002.
(E) Further, it is specified under the State of Florida's 2002-03 General
Appropriations hct, Line Item 1765A, Fixed Capital Outlay, Keys Wastewater
Management Platt Implementation from Land Acquisition Trust Flmd that project sites
necessary to projl~ct viability must have been acquired, construction bids or design/build
proposals must h;lve been evaluated, and a system of user charges, fees, or assessment
must have been eHablished no later than March 1,2003.
(F) Monroe County has selected the geographical area known as Key Largo
Park as the designated project area.
(0) 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 U, 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 agre ~s as follows:
(A) Monroe County affirms that the BOCC has authorized the FKAA to be
the local governmental entity responsible for project docwnentation required under the
grant program until project transition to the Governing Board of the Key Largo
Wastewater Treatnent 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 and engineering
and other FDEP ,locumentation requirements for the Key Largo Park project. Monroe
County shall forward to the FKAA this funding amount upon execution of this resolution.
If rurlher County funds are necessary to complete these documentation requirements,
such funds shalll.e forwarded to FKAA upon modifications to this agreement, executed
Page 2 of5
08/16/2002 08:16
305-289-2536
PLANNING DEPT
PAGE 06
in WIltmg betwc: en 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 ihis agreement shall be paid back to the County with interest calculated
pursuant to Sec. 55.03 (I), F.S., from the date the auditor detennines the funds were
expended for a purpose not authorized by this agreement,
(C) Monroe County hereby authorizes the County's SHIP Program
Administrator to ;lllocate 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 s:'stem connection charge andlor the homeowner's costs for existing sy
stem abandonmert and installation of new laterals.
(D) Monroe County hereby recognizes the pending establislunent of the
Governing Board and its duly constituted authority and responsibilities. It is fwther
recognized that the transition point for project authority and responsibility between the
FKAA and the Governing Board under the FDEP Agreement shall be the FKAA's
presentation of tne draft Request For Proposals to the Governing Board for their
consideration of Jlublication and implementation. 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 agre ~s 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 th(: Key Largo project.
(B) The FKAA shall only authorize such project development expenditures as
provided for by C(lunty funding,
(C) The FKAA hereby recognizes the pending establishment of the Governing
Board and its dul:' constituted authority and responsibilities. It is further recognized that
the transition point for project authority and responsibility between the FKAA and the
Governing Board under the FDEP Agreement shall be the FKAN s presentation of the
draft Request For Proposals to the Governing Board for their consideration of publication
and implementati'>l1. The Governing Buard :shall havt= the authority and re!'\ponsibility
for the project's contracting and expenditure of the state's Trost Fund Key Largo
allocation of the $1,660,000.00.
Page 3 of 5
88/16/2082 08:16
385-289-2536
PLANNING DEPT
PAGE 87
(D) The FKAA agrees to provide the County Clerk and Administrator with
quarterly progres i reports on the use of these CO\U\ty funds, including providing all
supporting consultant engineering invoices, to demonstrate compJiance with the provision
of this agreement.
SECTION 4, INTERLOCAL AGREEMENT. This Resolution constitutes a
joint exercise of .)ower, privilege or authority by and between Monroe County and the
FKAA and shall Je 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 he Circuit Court of Monroe County,
SECTION S. SEVERABIL TV. If any provision of this Resolution shall be
held invalid or ur enforceable by any court of competent jurisdiction; such holding shall
not invalidate or r~nder unenforceable any other provisions thereof.
[THE REMi\.INDER OF THIS PAGE IS LEFT INTENTIONALL Y BLANK.]
Page 4 of 5
B8/16/2BB2 B8:16
3B5-289-2536
PLANNING DEPT
PAGE B8
PASSED AND ADOPTED by the Board of County Commissioners, Monroe
C01mty, Florida a t a regular meeting of said Board held on this 21 st day of August 2002.
Mayo) Charles "Sonny" McCoy
MayO! Pro Tern Dixie Spehar
Coron issioner Ben Jimenez
Coron issioner George Neugent
Coron issioner Murray Nelson
(SEAL)
DANNY L. KOLHAGE, Clerk
BOARD OF COlJNTY COMMISSIONERS
OF MONROE COUNTY, FLORlDA
By:
Deputy CI erk
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:
John M. Koenig, Sr., Chairman
Attest:
Mary L. Rice, Sec~retary- Treasurer
Page S of S
JOINT RESOLUTION OF MONROE COUNlY BOCC AND FLORIDA KEYS
AOUEDUCTAUTHORITY
MONROE COUNTY RESOLUTION # 2002
FKAA RESOLUTION #
A JOINT RESOLUTION OF THE MONROE COUNTY BOARD
OF COUNlY COMMISSIONERS AND THE FLORIDA KEYS
AQUEDUCT AUTHORITY RELATING TO THE PROVISION
OF WASTEWATER FACIUTIES IN THE KEY LARGO AREA
OF MONROE COUNlY, 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 COUNlY'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 TRANSmON
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 COUNlY COMMISSIONERS OF MONROE
COUNlY, 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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AtwJ..(
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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,OOO.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 (1&.., 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&.., 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 .compllance 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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SECTION 5. SEVERABIUlY. 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.
Mayor Charles "Sonnyn McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Bert Jimenez
Commissioner George Neugent
Commissioner Murray Nelson
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
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:
John M. Koenig, Sr., Chairman
Attest:
Mary L. Rice, Secretary-Treasurer
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