FY2008 to FY2012 09/19/2007
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
October 10, 2007
TO:
Suzanne A. Hutton
County Attorney
ATTN:
FROM:
Kathy Peters
Executive Assistant
Pamela G. Hanr~
Deputy Clerk 0
At the September 19, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a 5-Year lnterlocal Agreement between Monroe County
and the Florida Keys Aqueduct Authority for installation and maintenance of fire hydrants in
unincorporated Monroe County.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: Finance
File./
AGREEMENT BETWEEN MONROE COUNTY
AND
THE FLORIDA KEYS AQUEDUCT AUTHORITY
FOR INSTALLATION AND MAINTENANCE OF FIRE HYDRANTS
IN UNINCORPORATED MONROE COUNTY
THIS AGREEMENT, made and entered into this a'li->' day of S~tember' , 200~, by
and between the Florida Keys Aqueduct Authority, an independent special district of the State of
Florida, hereinafter called and referred to as the "FKAA" and the Monroe County, a county of the
State of Florida, hereinafter called and referred to as the "COUNTY".
WITNESSETH:
WHEREAS, the COUNTY and the FKAA are authorized to enter into this Agreement
pursuant to Section 163.01. Florida Statutes, as amended, which permits local government units to
make the most efficient use of their powers by enabling them to cooperate with other localities on a
basis of mutual advantage; and
WHEREAS, Policy 701.81 of the Monroe County Comprehensive Plan establishes the
objective of improving fire fighting capabilities in Monroe County; and
WHEREAS, the COUNTY and the FKAA recognize that fire flow improvements will better
ensure the protection of the public health, welfare and safety; and
WHEREAS, the COUNTY and the FKAA recognize that the majority ofthe water distribution
system in Monroe County is not designed to provide fire flow and that the FKAA does not guarantee
fire flow and the purpose of the fire hydrants will be to provide various locations to fill fire fighting
apparatus; and
WHEREAS, the FKAA recognizes that fire hydrants are useful for flushing distribution mains
when necessary; and
WHEREAS, this Agreement shall only pertain to fire hydrants in unincorporated Monroe
County.
NOW THEREFORE, for and in consideration of the mutual covenants contained herein, the
Parties to this Agreement agree as follows:
I. The recitals set forth above are hereby adopted and incorporated into this Agreement.
2. This Agreement shall be effective for five years, commencing on the date first written
above. After such time, the parties shall review the Agreement and determine if any
revisions should be made including changes to the fees set forth below.
3. Selection of hydrant locations for projects on the FKAA Water Distribution System
Upgrade Plan shall proceed as follows:
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A. The COUNTY FIRE RESCUE will review design plans for projects on the
FKAA Water Distribution System Upgrade Plan and recommend hydrant
locations in writing to the FKAA. The FKAA will provide COUNTY with
design plans by May of each year to allow for review and possible budget
impact.
B. The FKAA will evaluate the technical and economical feasibility of
recommended hydrant locations for the projects on the FKAA Water
Distribution System Upgrade Plan. Technical feasibility will be based on
Insurance Services Office (ISO) standards and the ability of the distribution
system to supply a minimum flow of 250 gallons per minute (GPM) and
minimum line pressure of20 pounds per square inch (psi). Direct connection of
hydrants to the transmission main is prohibited and will not be considered.
Economic feasibility will be based on the cost of hydrant installation being
within 3% of the cost of the planned upgrade. The FKAA will notify the
COUNTY FIRE RESCUE in writing of the technical and economic feasibility
of the recommended hydrant locations.
C. The COUNTY FIRE RESCUE will respond to the FKAA by specifying the
quantity and locations of hydrants to be installed. Only hydrants that are
determined by the FKAA to be technically feasible will be installed. The
COUNTY may provide the funds for any hydrants to be installed that are
determined by the FKAA to be technically feasible but not economically
feasible, and which are not paid by developers of property as conditions of their
building permits. The COUNTY ADMINISTRATOR will state in writing if the
funds are available for such hydrants and, if so, will reimburse the FKAA the
actual costs for the hydrant installations within 30 days after the installation of
the last hydrant on the project.
4. Selection of hydrant locations in areas not on the FKAA Water Distribution System
Upgrade Plan shall proceed as follows:
A. The COUNTY Fire Rescue, through COUNTY ADMINISTRATION, will
recommend hydrant locations in areas not on the FKAA Water Distribution
Upgrade Plan in writing to the FKAA.
B. The FKAA will evaluate the technical feasibility of recommended hydrant
locations for areas not on the FKAA Water Distribution System Upgrade Plan.
Technical feasibility will be based on the ability of the distribution system to
supply a minimum flow of 250 GPM and a minimum line pressure of 20 psi.
Direct connection of hydrants to the transmission main is prohibited and will not
be considered. The FKAA will notify the COUNTY FIRE RESCUE in writing
of the technical feasibility of the recommended hydrants.
C. COUNTY ADMINISTRATOR OR DESIGNEE will respond to the FKAA by
specifying the hydrants to be installed. Only hydrants that are determined by the
FKAA to be technically feasible will be installed. The COUNTY will hire a
FKAA qualified, properly licensed, contractor to install the hydrants as per the
current Florida Keys Aqueduct Authority Minimum Construction Standards and
Specifications. The COUNTY shall pay for installation of hydrants which it
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contracts to have installed unless the hydrant installation is a condition of a third
party obtaining a development permit of any kind, in which case the actual
installation and cost shall be by the third party. Hydrants located on Florida
Department of Transportation right-of-way will require both a FDOT and FKAA
permit. The FKAA will have to apply for the FDOT permit. Hydrants located
on COUNTY right-of-way will require a FKAA permit. The FKAA permit fee
is $360.00.
COUNTY reserves the right to require hydrant maintenance agreements with a
third party when installation is a condition of permit approval to provide for
future maintenance costs associated with installation.
5. For hydrant locations that are determined to be not technically feasible, the COUNTY
will evaluate the importance and priority of the hydrant locations. For hydrant locations
that COUNTY determines to be a priority, the COUNTY will allocate future budget
amounts to improve the distribution system for future hydrant installation.
6. The COUNTY agrees to:
A. Reimburse the FKAA the costs for hydrant installation on projects on the FKAA
Water Distribution System Upgrade Plan in excess of 3% of the cost of the
planned upgrade as described in Paragraph 3 as previously agreed to by
COUNTY.
lB. Pay the FKAA $50 per year per hydrant for service including inspection,
maintenance and the furnishing of water to fill fire fighting apparatus.
C. Use water from hydrants only to fill fire fighting apparatus for actual fire
fighting purposes and no other purpose such as fire fighting practice.
D. Use hydrants in a manner protective of the FKAA distribution system and
appurtenances. Reimburse the FKAA the costs to repair any damages caused by
the improper use of the hydrants.
E. Establish and adopt Standard Operating Procedures for the use of fire hydrants
in accordance with this Agreement and nationally recognized standards.
7. The FKAA agrees to:
A. Provide funding for hydrant installation for projects on the FKAA Water
Distribution System Upgrade Plan not to exceed 3% of the cost of the planned
upgrade.
B. Incorporate hydrants into the design, bidding and construction of projects on the
FKAA Water Distribution System Upgrade Plan where determined to be
technically and economically feasible or when determined to be technically
feasible and funded by the COUNTY.
C. Oversee the installation of hydrants in areas not on the FKAA Distribution
System Upgrade Plan when determined to be technically feasible and funded by
the COUNTY.
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D. Paint fire hydrants to indicate the available flow in accordance with NFPA 291,
"Recommended Practice for Fire Flow Testing and Marking of Hydrants". All
fire hydrants located in COUNTY are currently classified as Class C hydrants
and the tops and nozzle caps should be painted red.
E. Inspect and maintain all fire hydrants on an annual basis.
F. Furnish water required for filling fire fighting apparatus.
G. Bill the COUNTY annually for the service charge in the amount of $50.00 per
hydrant.
8. The COUNTY's performance and obligation to pay under this Agreement is contingent
upon an annual appropriate by the Board of County Commissioners.
9. This Agreement shall be executed in duplicate and the COUNTY shall retain one (I)
copy and the FKAA shall retain one (I) copy. All copies shall be considered originals.
10. Any and all notices required or permitted to be given hereunder shall be deemed
received five (5) days after same are deposited in the U. S. Mail sent via certified mail,
return receipt requested.
Ml notices to the COUNTY shall be sent to:
Monroe County Administrator Thomas J. Willi &
1100 Simonton Street
Key West, FL 33040
County Attorney
P.O. Box 1026
Key West, FL 33141-1026
All notices to the FKAA shall be sent to:
Florida Keys Aqueduct Authority
1100 Kennedy Drive, P. O. Box 1239
Key West, FL 33040
Attention: James C. Reynolds, Executive Director
11. INVALIDITY: If any section, subsection, sentence, clause or provision of this
Agreement is held invalid, the remainder of this Agreement shall not be affected by
such invalidity.
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IN WITNESS WHEREOF, the Florida Keys Aqueduct Authority Board of Directors has
caused this Agreement to be signed in its name by its Executive Director and its seal to be affixed
hereto, and the Commissioners of Monroe County, Florida have caused this Agreement to be signed by
the COUNTY Mayor on their behalf and the seal of the COUNTY Commission to be affixed hereto,
the date and year first above written.
ATTEST:
BY:~~ c:;? fl~,L
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APPROVED AS TO FORM AND
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Kirk C. Z c
FKAA Ge' ral Counsel
Date: 10 / ~
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CAiJr-
FKAA Board Approved September 27, 2007
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By:
Mayor Mario DiGennaro SEP 1 9 2007
)\.Tl'.J.1;ST; DANNY L. KOLHAGE, Clerk
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APPROVED AS TO FORM:
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By:
A. Hutton, County Attorney
Date:
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