Item S11
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
March 20, 2002
Division:
County Attorney
AGENDA ITEM WORDING:
Approval of amendment to a joint resolution/interlocal agreement dated February 14,
2002 with FKAA.
ITEM BACKGROUND:
After the February 14, 2002 item was approved, the Clerk requested an amendment
to assure that FKAA will establish fiscal control and fund accounting procedures
satisfactory to the County's Clerk. The FKAA also requested an amendment detailing
funding sources.
PREVIOUS RELEVANT BOCC ACTION:
See above.
CONTRACT I AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
BUDGETED: Yes 0 No 0
COST TO COUNTY:
APPROVED BY:
County Attorney. OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTORAPPROVAL~~
S T. H RICK
DOCUMENTATION: Included 0 To Follow Not Required 0
AGENDA ITEM #
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M~~-~~-~~ l~,b~ r~UM'rLA KEYS AQUEDUCT AUTH
10,3052883521
Florida Keys
Aqueduct Authority
Post Offi~ Box 1239
1100 Kennedy Drive .-.>;
I(ey We$t. Florida 33041 - 1239 . .. .' : .' .;
TelepllOne (30$) 296-2454 ..:-'". -, .'
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March 8~ 2002
MEMORANDUM OF TRANSMlIT AL
TO:
Danny Kohlage, County Clerk, MO~ C~
Roger Braun, Executive Director ~~
FROM:
PAGE
2/2
John M. Koenig; Sr.
Chairman
Key West
Albert O. Appell
Vice-Chairman
Duck Key
Mary I.. Rice
Secret"ry- Treasurer
Marathon
Linda B. Wheeler
Key West
Harry e. Cronin
Key Largo
Roger Braun
Execvtive Director
SUBJECT:
Additional Language for Inclusion in the Clerlc's Proposed Amendment to the
FKAA/Monroe County Joint Resolution (BOCC #093-2002 and FKAA #02-08)
Add the following bolded and italicized wording to:
SECTION 2. MONROE COUNTY COMMITMENTS TO FKAA.
(A) Monroe County shall immediatelyappropriate and fund all matching fund
requirements oflocaI government under the Umnet Needs Program) grant requireInents
(Projed FUllding $7,314~85: Fednal Share $5,485,714,000, State Share $914,186 and
LoCid Share $914,285). Monroe County will forward to FKAA twenty percent (20%)
$182,857 of the required local match upon execution of this resolution. Such funds are to be
held by FKAA as security for the local match in a. separate .fund and used for the Key Largo
wastewater project(s), and otherwise segregated from all other fimds of the FKAA.. Any
eamed interest 011 these funds shall be COllsidered as part of the principal amount of local
match fundi1lg required by Monroe COU1Jty and subject to same conditions of expenditure.
Upon FKAA written request based on previous expenditure documentation, Monroe
County will subsequently make local match reimbursements up to the stated 20%
($182,857) 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 form user fees and/or
special assessments.
-----------------------------------
AMENDMENT TO THE FKAA/MONROE COUNTY
JOINT RESOLUTION AND INTERLOCAL AGREEMENT
THIS AMENDMENT to a joint resolution/interlocal agreement dated February 14,
2002 (a copy of which is attached and made a part of this amendment, hereafter the
original agreement), is entered into by and between Monroe County (the County) and the
Florida Keys Aqueduct Authority (FKAA).
In consideration of the mutual promises and consideration set forth below, the
parties agree as follows:
1. The original agreement, Sec. 2A, is amended to read as follows:
Monroe County shall immediately appropriate and fund all matching fund
requirements of local government under the Unmet Needs Program grant
requirements (Project Funding $7,314,285: Federal Share $5,485,714,000,
State Share $914,286 and Local Share $914,285). Monroe County will
forward to FKAA twenty percent (20%) $182,857 of the required local match
upon execution of this resolution. Such funds are to be held by FKAA as
security for the local match in a separate fund and used for the Key Largo
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 reimbursements up to the stated 20% ($182,857) 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 the State of Florida. Any matching 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 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 FKAA 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.
2. This amendment will take effect when executed by both parties and filed with the.
Clerk of the Circuit Court.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year set forth below.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
Date
(SEAL)
ATTEST:
FLORIDA KEYS AQUEDUCT AUTHORITY
By
By
Chairman
Date
JdiaFKAA
~
R ERT N.
DATE 3- rl. CJ "'Z.
JOINT RESOLUTION OF MONROE COUNTY BOCC AND FLORIDA KEYS
AQUEDUCT AUTHORITY
MONROE COUNTY RESOLUTION # 093-2002
FKAA RESOLUTION # 02-08
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 AREA OF MONROE COUNTY,
FLORIDA; PROVIDING FOR A COMMITMENT TO THE
FEDERAL EMERGENCY MANAGEMENT AGENCY IN
ORDER TO PRESERVE AND SECURE CERTAIN GRANT
FUNDING FOR W ASTEW A TER PROJECT(S) IN THE KEY
LARGO AREA 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
W ASTEW A TER PROJECT IN THE KEY LARGO AREA;
PROVIDING THA T 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 Public Law 106-31, the Emergency Supplemental Appropriations Act for
fiscal year 1999 (1249 and 1259 Un met Needs Program), a supplemental appropriation was
made available to Monroe County for wastewater projects in the Key Largo area. Premised upon
the authority of the FKAA to provide wastewater facilities and services within the
unincorporated portions of Monroe County, the FKAA has been designated as sub-grantee under
the Unmet Needs Program to receive and expend grant funds for a wastewater project(s) in the
Key Largo area. The Federal Emergency Management Agency ("FEMA") and the State of
Florida Department of Community Affairs ("DCA") are charged with administering grants under
the Unmet Needs Program.
(D) In order to secure grant funding under the Unmet Needs Program, FEMA has
advised Monroe County that Monroe County and FKAA must provide a firm commitment to
immediately develop and implement wastewater project(s) in the Key Largo area or the
foregoing grant funds under the Unmet Needs Program will be withdrawn.
(E) Further, FEMA has advised Monroe County and FKAA that a finn 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 Key
Largo area and that such "milestones" or critical events thereafter must be diligently and timely
accomplished in order to continue to secure grant funding under the Un met Needs Program.
(F) It is recognized and agreed that the FKAA has no independent source of funds for
the Key Largo Wastewater project(s) and is acting hereunder on reliance upon Monroe County
and the Un met Needs Program in order to fulfill its obligations hereunder.
SECTION 2. MONROE COUNTY COMMITMENTS TO FKAA. In order to
secure wastewater project funding under the Unmet Needs Program for the Key Largo 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. Monroe
County will forward to FKAA twenty percent (20%) of the required local match upon execution
of this resolution. Such funds to be held by FKAA as security for the local match in a separate
fund and used for the Key Largo wastewater project(s), and otherwise segregated from all other
funds of the FKAA. 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.
(B) Monroe County reaffirms and acknowledges its obligation to reimburse the
FKAA for all prior legally incurred expenditures related to wastewater initiatives in the Key
Largo area and to pay in full to the FKAA all remaining reimbursements due within thirty (30)
days of the effective date of this resolution.
(C) Monroe County commits to obtain and convey to the FKAA in fee simple the
proposed wastewater treatment plant site approved by FEMA at Mile Marker 100.5 (the "Mile
Marker 100.5 Site"). Time is of the essence in acquiring the Mile Marker 100.5 Site and Monroe
County shall exercise its powers of eminent domain if it cannot otherwise expeditiously
negotiate the purchase for the site. 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) Within fifteen (15) days after the effective date hereof, the FKAA shall propose
the area(s) that will ~ served by the Mile Marker 100.5 Site,] (sometimes commonly referred to
as a "hot spot") Monroe County shall be responsible for affirming and approving by resolution
the proposed area(s) to be served within thirty (30) days thereof.
(F) Monroe County shall work diligently with the FKAA to develop and adopt,
within sixty (60) days of the effective date hereof, a subsequent joint resolution which will
provide a series of milestones or critical events, acceptable to the FKAA and FEMA for the
completion of wastewater project(s) in the Key Largo area.
(G) 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
secure wastewater project funding under the Unmet Needs Program for the Key Largo 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 subsequent joint resolution which will provide a
series of milestones or critical events, acceptable to Monroe County and FEMA, for the
completion of wastewater project(s) in the Key Largo area (using the Mile Marker 100.5 Site).
I
(B) FKAA agrees to timely implement the critical events schedule adopted by the
FKAA 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
FKAA by Monroe County.
(C) Upon the creation, establishment and organization of the Key Largo Wastewater
Treatment District (the "District") by the Florida Legislature as an independent special purpose
local government, the FKAA agrees to conveyor otherwise transfer all wastewater facilities and
responsibilities to the District without additional cost (other than full reimbursement as set forth
in subsection (B) above) upon the District'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 Aorida Interlocal Cooperation Act of 1969 as amended. This
Resolution shall be filed with the Clerk of the 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 Key Largo 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. SEVERABILTY. 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 Cow~ty Commissioners, Monroe County,
Aorida at a regular meeting of said Board held on this J.!i.5: day of February 2002.
Mayor Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Dixie Spehar
Commissioner Nora Williams
Yes
Absent
~
~
~
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By: () 11
MaYOr/Chai~i
Danny L. Kolhage, Clerk
Br:1'~
eputy Cle
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2002.
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DUL Y ADOPTED by the Florida Keys Aqueduct Authority this 20 day of February
BOARD OF DIRECfORS
FLORIDA KEYS AQUEDUcr AUTHORITY
(SEAL)
pg ~'
By: /h ~
ohit M. Koe 19Hhairman
Attest:.
J ;\BONDS\2000\4155\Resolutions\ID-2.RESOLUTION.02_] I_02.DOC