Resolution 227-2002
JOINT RESOLUTION OF MONROE COUNTY BOCC AND FLORIDA KEYS
AOUEDUCT AUTHORITY (April 1'. 2002)
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MONROE COUNTY RESOLUTION # 227-2002
FKAA RESOLUTION # 02 - 2 0
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 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:
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(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 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 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
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 Unmet 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
projects 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 Unmet 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 FKAA 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 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.
(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, FKAA 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 FKAA 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 Keyarea and Bay
Point area.
(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 by Monroe County of a division
or department of local government and/or any officially designated entity to assume wastewater
authority and responsibility, the FKAA 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. 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 County Commissioners, Monroe County,
Florida at a regular meeting of said Board held on this li.th. day ofAM;~y 2002.
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By:
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor/Chai[Ja,n
APPROVED AS TO FO M
AND L AL SUFFI C
DULY ADOPTED by the Florida Keys Aqueduct Authority this 17 day of April 2002.
BOARD OF DIRECTORS
FLORIDA KEYS AQUEDUCT AUTHORITY
(SEAL)
By:
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Attest:
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