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L. Wastewater IssuesCERTAIN I:30 P.M. ** BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14, 2007 - KL Division Engineering Bulk Item: Yes _ No X Department: Wastewater Stan Contact Person: Elizabeth Wood 292-4525 AGENDA .ITEM WORDING: Approval of Resolution adopting the Big Coppitt Regional Wastewater Treatment System and South Lower Keys Regional Wastewater Treatment Plant Facilities Plan. ITEM BACKGROUND: Section 62-503.700(2)(g) of the Florida Administrative Code pertaining to Planning, Design, Construction and Procurement Requirements for the Florida Department of Environmental Protection's State Revolving Fund Loan Program for Water Pollution Control funding, specifies that the required public participation process include the project sponsor's public meeting held before the project sponsor's acceptance of the planning recommendations. On June 20, 2007, the FKAA held a public meeting for the Big Coppitt Regional Wastewater Treatment Systems making available the project scope and cost to affected property owners and interested members of the public and provide an opportunity to address questions and concerns. Notice of the public meeting was published in the Key West Citizen. Additionally, public notice of the Board's consideration of this Resolution was published in the Key West Citizen (10/29/07), Keynoter (10/31/07) and the Reporter (11/2/07) and back-up documentation made available on the County's website for review. PREVIOUS RELEVANT BOCC ACTION: At the January 25, 2006 BOCC Special Meeting, the BOCC authorized staff to pursue a construction loan from the State of Florida's State Revolving Fund Loan Program for Water Pollution Control. CONTRACT/AGREEMENT CHANGES: None, STAFF RECOMMENDATIONS: Approval. TOTAL COST: $21.2M COST TO COUNTY: $14.6M BUDGETED: Yes NA No SOURCE OF FUNDS: F304 REVENUE PRODUCING: Yes No X AMOUNT PER. MONTH Year APPROVED BY: County Atty ZX OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required. 1 1w lE Engineering Division MEMORANDUM To: Dave Koppel, County Engineer From: Elizabeth Wood, Sr. Administrator — Sewer Projects Date: 10/31/2007 Re: Approval to Adopt Big Coppitt Regional Wastewater System and South Lower Keys Wastewater Treatment Plant Facilities Plan AGENDA ITEM WORDING: Approval to adopt Big Coppitt Regional Wastewater Treatment System and South Lower Keys Regional Wastewater Treatment Plant Facilities Plan. ITEM BACKGROUND: Subsection (g) of Chapter 62-503.700 Planning, Design, Construction and Procurement Requirements for Florida Department of Environmental Protection State Revolving Loan funding specifies that the public participation process shall include the project sponsor's public meeting held before the project sponsor's acceptance of the planning recommendations. On June 20, 2007 the Florida Keys Aqueduct Authority held a public meeting for the Big Coppitt Regional Wastewater Treatment System. The presentation provided at the meeting is attached. It is believed that this meeting satisfies the requirement to hold a public meeting at which the project scope and cost to property owners was provided. It is necessary to accept the Facilities Plan by resolution in order to obtain an SRF Loan. PREVIOUS RELEVANT BOCC ACTION: On January 25, 2006, the BOCC gave approval to pursue a construction loan from the State of Florida's State Revolving Fund Loan Program for Water Pollution Control. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated. RESOLUTION NO. -2007 WHEREAS, Florida's water pollution control revolving loan program is authorized under Sec. 403.1835, Florida Statutes which establishes the Wastewater Treatment and Stormwater Management Revolving Loan Trust Fund for projects and activities eligible for funding under Section 603 of the federal Water Pollution Control Act (also known as the amended Clean Water Act); and WHEREAS, Section 62-503.700, Florida Administrative Code, describes the planning, design, construction and procurement requirements to obtain borrowed funding from the Florida Department of Environmental Protection's State Revolving Loan Program for Water Pollution Control, and WHEREAS, Section 62-503.700 (2)(g), Florida Administrative Code, requires that the planning documentation include a description of the public participation process used to explain the project and the financial impacts to affected parties prior to the project sponsor's acceptance of the planning recommendations; and WHEREAS, the Florida Keys Aqueduct Authority (FKAA) hosted a public meeting on .tune 20`", 2007 and presented the construction schedule for the gravity collection system and wastewater treatment plant, system development fees, and connection process for the Big Coppitt Regional Wastewater Treatment Systems to include a central gravity collection system and a wastewater treatment plant at Rockland Key; and WHEREAS, notice of the public meeting held by the Florida Keys Aqueduct Authority on June 20, 2007 and the notice of intention to consider approval of this Resolution on the date hereof was published, said proof of publication(s) being attached hereto and made a part of this Resolution as Appendix A; and WHEREAS, pursuant to Section 62-503.700(2)(a)-(g), Florida Administrative Code and See. 403.1835(6)b)(d)(h), (7)(a)-(h) and (11), Florida Statutes, a Facilities Plan was developed and attached hereto and made a part of this Resolution as Appendix B, for consideration by the Board of County Commissioners of Monroe County, Florida; and WHEREAS, Section 62-503.700(2) 0), Florida Administrative Code, requires that the planning documentation include an adopting resolution or other action establishing a commitment to implement the planning recommendations in order to obtain borrowed funding from the Florida Department of Environmental Protection's State Revolving Fund Loan Program for Water Pollution Control; and The Big Coppitt Regional Wastewater Treatment Systems and the South Lower Keys Regional Wastewater Treatment Plant Facilities Plan, attached hereto and made a part of this Resolution as Appendix B, is hereby adopted. 2. The Clerk of the Court is hereby directed to forward a certified copy of this Resolution to the Florida Department of Environmental Protection's State Revolving Fund Loan Program for Water Pollution Control. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 14th day of November, 2007. Mayor Di Gennaro Mayor Pro Tem. Spehar Commissioner George Neugent Commissioner Charles McCoy Commissioner Sylvia L Murphy ATTEST BOARD OF COUNTY COMMISSIONER By: Deputy Clerk By: Mayor Mario Di Gennaro 2 APPENDIX «A99 NOTICE OF INTENTION TO CONSIDER APPROVAL OF COUNTY RESOLUTION NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on November 14, 2007 at 1:30 p.m., or as soon thereafter as may be heard, at the Key Largo Library, Tradewinds Shopping Plaza, 101485 Overseas Highway, Mile Marker 101 Oceanside, Key Largo, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida intends to consider approval of the following County resolution: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ADOPTING THE BIG COPPITT REGIONAL WASTEWATER TREATMENT SYSTEMS AND SOUTH LOWER KEYS REGIONAL WASTEWATER TREATMENT PLANT FACILITIES PLAN. The purpose of this meeting is to satisfy the Florida Department of Environmental Protection's State Revolving loan Program requirement for public participation prior to the acceptance of the planning recommendations by the project sponsor. Figure 1. depicts the limits of the Big Coppitt Regional Wastewater Treatment Systems area. All affected property owners have a right to appear and provide input at the hearing and may file written objections with the County Administrator anytime prior to the public meeting. The Facilities Plan can be viewed on the County website at hM2://monroccofl.virtualtownhall.nct/Pagcs/MonrocCoFL BOCC/a eg ndas once published and no later than November 8, 2007. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the Office of the County Administrator by phoning (305) 292-4441, between the hours of 8: 30 a.m. 5: 00 p.m., no later than 2 working days prior to the scheduled meeting; if you hearing or voice impaired, call "711 ". BIG COPPITT Section 15.5-113 of Article VII Chapter 15.5 Monroe County Code describes the boundaries of the Big Coppitt Municipal Service Taxing Unit as the area generally bounded on the west by Boca Chica Channel and on the east by Shark Channel, including Shark Key. The Big Coppitt MSTU is depicted by the " 100B" and "110B" taxing unit boundary below. 100 k 1 tom., Sr..- 1 `i_�• �`j 5, 11DB Rockland Key - = k Boca Chica Geiger Key J, 1 JOB Figure 1: Big Coppitt Regional Wastewater Treatment System including the Big Coppitt, Geiger Key, Rockland Gulf and Shark Key areas Dated at Key West, Florida this 2e day of October, 2007. DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) THE KEN WEST C1IIZEN. TIrESDAY, JUNE 12, 2007 NOTICE OF COMMUNITY MEETINGS DUCK KEY AND BIG COPPITT WASTEWATER OPEN TO THE PUBLIC - Hawk's Cay Resort 61 Hawk's Cay Boulevard Duck Key, Florida 33050 TUESDAY, JUNE 19, 2007 - 6:00 p.m. Gerald Adams Elementary 5855 W. Junior College Road Key West, Florida 33040 WEDNESDAY, JUNE 20, 2007 - 6:30 p.m. The Florida Keys Aqueduct Authority will conduct Community Meetings for proposed Reclaimed Water Usage. Wastewater Assessments, and Construction specific for the Big Coppitt and DUCK Key Wastewater Dis- tricts. Information is available upon request from FKAA. Colleen Tagle, Public Information Director, P.O. Box 1239, Key West. FL 33040, 305 206-2454 Ext. 2176, e-mail ctagle@fkaa.com. KWC: June 12 2007 259402 3a urday, september 9, 2006 21 W;e'/no'lei . PIG- GOPPITT WASTEWATER SYSTEM ' GOI�I�UNI�'�' MEETING Monday, September 18, 2006 6:00 PM Gerald Adams Elementary School Cafeteria Jr. College Load Stock Island The Florida Keys Aqueduct Authority, in cooperation with Monroe County, the Department of Environmental Protection, and the Department of Health, will be holding a Community Meeting to discuss the Big Coppitt Wastewater System. The project area includes Big Coppitt Key, Rockland Key, Geiger Key and Shark Key. This informative ses- sion will detail the progress to date and the proposed schedule, as well as address any ques- tions you may have. If you have any questions concerni7.>g this meeting, please contact at kovide@fm Kathryn Ovide at (305)296-2454, r, t 7.0= 2 or v�l e-tT�ai1 a.com. Published Keynoter 9/9/06 T1 it Keti- Wesr O HZEN + MONDA1 , I , 2w)(i -1 Big Coppitt Wastewater System Community Meeting Monday, September 1.8, 2006 6:00 PM Gerald Adams Elementary School Cafeteria Jr. College Road Stock Island The Florida Keys Aqueduct Authority, in cooperation with Monroe. County, the Department of Environmental Protection, and the Department of Health, will be holding a Community Meeting to discuss the Big Coppitt Wastewater System. The project area includes Big Coppitt Key, Rockland Key, Geiger Key and Shark Key. This informative session will detail the progress to date and the proposed schedule, as well as address any questions you may have. If you have any questions coneernino tllis meeting, please contact Kathryn Ovide at (305) 296-2454, Ext. 202 or via e-mail at kovide Lj1,aa.com. September 11. 2006 KWC APPENDIX «B99 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14, 2007 Bulk Item: Yes No X Division: Engineering Department: Wastewater Staff Contact Person: Liz Wood AGENDA ITEM WORDING: Approval of an amendment to the 6/21/06 interlocal agreement with FKAA revising the County Funding portion to $35,000,000.00 and immediately appropriating those funds which have been duly approved for the estimated costs of administration, planning and construction of the Big Coppitt Regional Wastewater Project. ITEM BACKGROUND: Construction on the Big Coppitt Forcemain, Big Coppitt Sub -Service Area, and Shark Key collection systems is underway. Construction and technical services for these contracts is estimated at $14,602,240.00 and is being funded through a 40%-60% match grant through FDEP. Contractors for the Big Coppitt and Geiger Key Sub -Service Areas and the WWTP have extended the bid expiration dates in anticipation of authorization to incur costs on November 16, 2007 following adoption of the BCRWS and SLKWWTP Facilities Plan and Certification of the Capital Financing Plan by the Clerk. Additional work with OMB is necessary to confirm that the cash requirement for FY08 Quarter 2 will not be a problem. PREVIOUS RELEVANT BOCC ACTION: Resolution No 199-2006, authorizing an initial funding of $5,000,000; ILA dated 6/21/06 authorizing an additional $15,000,000; and Resolution 353-2007, authorizing an additional $3,500,0000.. CONTRACT/AGREEMENT CHANGES: Change in amounts STAFF RECOMMENDATIONS: Approval TOTAL COST: $35,000,000.00. BUDGETED: Yes _ No _ COST TO COUNTY: $19,350,000.00. SOURCE OF FUNDS:F304 REVENUE PRODUCING: Yes APPROVED BY: County Atty X No AMOUNT PER MONTH Year OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised AGENDA ITEM # Engineering Division MEMORANDUM To: Dave Koppel, County Engineer From: Elizabeth Wood, Sr. Administrator — Sewer Projects Date: 11/8/2007 Re: Amendment 41 to BCRWS ILA AGENDA ITEM WORDING: Approval to execute amendment to Big Coppitt ILA specifying required County Funding for Big Coppitt project. The ILA for approval states that, "The County shall immediately appropriate from any lawfully available source, those funds which have been duly approved for the estimated costs of administration, planning and construction of the Big Coppitt Regional Wastewater Project, to the FKAA, which shall not exceed Thirty -Five Million Dollars (S3 5,000,000. 00). These funds include the Five Million Dollars ($5,000,000.00) already authorized under Resolution No. 199-2006, and the Three Million Five Hundred Thousand Dollars ($3,500,000.00) authorized under Resolution No. 353-2007, unless that amount is changed by amendment to this agreement. This ILA is required because bids have been received and the project amount specified in the ILA from June 21, 2006 was based on the $20M commitment made by BOCC in Sept. 6, 2005 ILA. Attached please find the Big Coppitt Treatment Plant Bid Summary. The public reuse system, vac truck components, and solids management for Baypoint from of the Bid Summary have been deducted from the Big Coppitt Regional Wastewater System (BCRWS) and South Lower Keys Wastewater Treatment Plan (SLKWWTP) Project Cost Spreadsheet. The construction bid costs attributable to the BCRWS and SLKWWTP total $31,097,534.00. The bid estimates for the excess capacity are $3.266M. The total bid estimates for construction, technical services and design costs attributable to the Big Coppitt Service Area and excess capacity are $31.727M. Additional coordination is necessary with OMB to confirm that the cash requirements for FY08 QTR2 can be met. Table 2 - Florda Keys Aqueduct Authority South Lower Keys Wastewater Treatment Plant Bid Summary Item # Description Bid Amount D.N Higgins Wharton Smith Wastewater Treatment Plant 1 Contractor's General Conditions $700,000.00 $800,000.00 2 Site/Civil Construction $700,000.00 $210,000.00 3 Headworks $600,000.00 $500,000.00 4 SBR Equipment $802,353.00 $802,353.00 5 Denitrification Filters $520,000.00 $900,000.00 6 Disinfection/Disposal/Reuse $250,000.00 $400,000.00 7 Sludge Holding Tank $180,000.00 $300,000.00 8 Chemical Handling $430,000.00 $250,000.00 9 Centrate/Sewage Lift Station $80,000.00 $200,000.00 10 Control room/Lab/MCC $180,000.00 $600,000.00 11 Structures $2,700,000.00 $1,877,000.00 12 Piles $70,000.00 $100,000.00 13 Emergency Generator $170,000.00 $140,000.00 14 Electrical/Instrumentation $1,650,000.00 $1,700,000.00 15 Third Injection Well $35,000.00 $43,319.00 16 SBR Allowance - Site Visit $14,328.00 $14,328.00 17 Influent EQ Allowance $10,000.00 $10,000.00 18 Lab Allowance $30,000.00 $30,000.00 Subtotal $9,121,681.00 $8,877,000.00 Solids Handling 19 Contractor's General Conditions $80,000.00 $100,000.00 20 Site/Civil Construction $60,000.00 $20,000.00 21 Chemical Handling $50,000.00 $80,000.00 22 Sludge Dewatering/Centrifuge $600,000.00 $550,000.00 23 Structures $140,000.00 $200,000.00 24 Electrical/Instrumentation $50,000.00 $150,000.00 Subtotal $980,000.00 $1,100,000.00 Public Reuse System 25 Contractor's General Conditions $70,000.00 $50,000.00 26 Site/Civil Construction $30,000.00 $15,000.00 27 Yard Piping $30,000.00 $45,000.00 28 Prestressed Concrete Tank $350,000.00 $395,000.00 29 Piles $35,000.00 $40,000.00 30 Electrical/Instrumentation $14,000.00 $15,000.00 Subtotal $529,000.00 $560,000.00 Other 31 Vac Truck $160,000.00 $240,000.00 Total Cost (Sum of Items 1 through 31) $10,790,681.00 $10,777,000.00 \\ \\ \0 0 22 {§ \E /\D \\ \\ \\ 0o mm rr to {{ 00 // \\ 33 !! 0 \\ r{2GeGns§ G!J&»J&»a k\}}}0M C6 CO \ ) k ) § \_ \ § ) ter{! k a«4# _ % E0t \:%%�LL ®I-0- »3G \ \ co \k Cl) FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE FLORIDA KEYS AQUEDUCT AUTHORITY FOR THE BIG COPPITT REGIONAL WASTEWATER SYSTEM THIS AMENDMENT TO INTERLOCAL AGREEMENT is entered into this day of , 2007, pursuant to See. 163.01, FS., by and between Monroe County, a political subdivision of the State of Florida, (County), and the Florida Keys Aqueduct Authority, Inc., an independent special district, (FKAA). WHEREAS, on June 21, 2006 the parties entered into an Interlocal Agreement providing procedures for the allocation, expenditure and reimbursement of funds for the Big Coppitt Regional Wastewater System (System); and WHEREAS, the June 21, 2006 Interlocal Agreement provides for a appropriation of S 15,000,000 to be established by a resolution of the BOCC; and WHEREAS, no resolution for the appropriation of $15,000,000 has been issued by the BOCC; and WHEREAS, the Interlocal Agreement provides that the estimated costs of the System shall be modified to reflect a combination of actual costs incurred and changes in pricing due to contracts resulting from bid processes or other conditions; and WHEREAS, the FKAA, in coordination and cooperation with the County, has received bids for the construction of the System and it is necessary for the Interlocal Agreement to be modified to reflect such changes in the estimates in order to provide for adequate funding to be available for the timely and efficient construction of the Systems; NOW THEREFORE, IN CONSIDERATION of the mutual consideration and premises set forth below, the parties agree as follows: 1. The parties are entering into this Amendment pursuant to Chapter 163, Florida Statutes. 2. Section 1. of the Interlocal Agreement dated June 21, 2006 between Monroe County and the .Florida Keys Aqueduct authority is herby amended to read; 1. The County shall inn-tediately appropriate from any lawfully available source, those funds which have been duly approved for the estimated costs of administration, planning and construction of the Big Coppitt Regional Wastewater Project, to the Big Coppitt WW ILA Amend 11-06-07 i/• i.-/iy FKAA, which shall not exceed Thirty -Five Million Dollars (S35,000,000.00). 'These funds include the Five Million Dollars ($5,000,000.00) already authorized under Resolution No. 199-2006, and the Three Million Five Hundred Thousand Dollars ($3,500,000.00) authorized under Resolution No. 353-2007, unless that amount is changed by amendment to this agreement. Municipal Service taxing Unit ad valorem tax proceeds collected by County shall be provided to FKAA as part of the funding under this Agreement and shall be disbursed as described in Paragraph 3 below. Before such disbursement, County may deduct its cost of administration and professional costs from the .MSTU funds collected. As the project progresses, and estimates are altered to reflect a combination of actual costs incurred and changes in pricing due to contracts resulting from bid processes, and other changed conditions, the FKAA shall provide such information to the County. This Agreement shall be modified as necessary to reflect such changes in estimates in order to provide for adequate funding to be available for the timely and efficient construction of the project. The amount of the funding may be changed by written amendment to this Agreement approved by the parties. IA. In order to insure the FKAA that funds are available to award and proceed with the remaining construction contracts necessary to complete the Big Coppitt Wastewater Project, the County states that the proceeds it receives from the State of Florida Revolving Fund shall be utilized only for the Big Coppitt Wastewater Project and further that all Assessments collected from the Big Coppitt Wastewater District shall be utilized on the Big Coppitt Wastewater Project. The County shall provide any additional funding required to meet its obligation to fund the Big Coppitt Wastewater Project from any legally available source. Monroe County and the Florida Keys Aqueduct Authority agree that this Amendment shall be deemed to be effective on the date signed by the parties. 4. This Amendment may be executed in any number of counterparts and by different parties hereto on separate counterparts, each of which when so executed and delivered shall be an original and all of which shall together constitute one and the same agreement. Signature pages may be detached from the various counterparts and attached to a single copy of this document to physically form one document. 5. The foregoing terms and conditions are hereby incorporated into the Interlocal Agreement. Except as modified herein, the Interlocal Agreement dated June 21, 2006, remains in full force and effect. In the event of any conflict or ambiguity between the Interlocal Agreement and this Amendment, this Amendment shall control. Balance of Page Intentionally Left Blank Signature Page to Follow Big Coppitt WW ILA Amend 11-06-07 2 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 02 THE FLORIDA KEYS AQUEDUCT AUTHORITY By: James C. Reynolds, Executive Director (SEAL) ATTEST: By: Clerk FKAA Board Approved: Big Coppitt WW ILA Amend 1 I-OG-07 3 Mayor/Chairl)erson MONROE COUNTY CA TORNEY OPROVEFOM Data; - 11� INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND FLORIDA KEYS AQUEDUCT AUTHORITY FOR THE BIG COPPITT REGIONAL WASTEWATER SYSTEM THIS INTERLOCAL AGREEMENT (Agreement) is entered into this day of 2006, pursuant to Florida Statute Sec. 163.01, by and between Monroe County (C nty), a political subdivision of the State of Florida, and the Florida Keys Aqueduct Authority (FKAA), an independent special district. WHEREAS, the County is authorized by Florida Statute Sec. 125.01(1) to provide, assist in providing, and fund centralized wastewater treatment systems; and WHEREAS, Section 6, Chapter 99-395, Laws of Florida, and the County's Comprehensive Plan require that certain wastewater treatment levels be achieved by the year 2010, which levels can best be achieved by central wastewater treatment systems; and WHEREAS, the FKAA is authorized by Chap. 76-441, Laws of Florida, as amended, and Chapter 98-519, Laws of Florida, to design, construct, and operate, wastewater treatment systems, and WHEREAS, the FKAA and the County have entered into previous interlocal agreements establishing and confirming their ongoing partnership in providing wastewater facilities in the Florida Keys; and WHEREAS, the County adopted Ordinance No. 38-2002, authorizing the levy of ad valorem taxes in the Big Coppitt Municipal Service Taxing Unit, in order to provide an initial source of funding for the Big Coppitt Regional Wastewater Project (Project); and WHEREAS, FKAA has initiated planning, design and other services for the Project for which it may be paid with taxing unit funds; and WHEREAS, the County by interlocal Agreement dated September 6, 2005, and by Master Lease dated as of September 6, 2005, has committed to seek funding through federal and state grants and loans and the issuance of revenue bonds backed by the pledge of infrastructure sales tax; and will be providing additional funds to the FKAA for the administration, planning and construction of future wastewater projects in unincorporated Monroe County; and WHEREAS, the County may have other funding mechanisms, including but not limited to infrastructure sales tax, grant and loan funding and ad valorem taxes, available to it for the provision of sewers and wastewater treatment; and WHEREAS, on May 16, 2006, the County passed Resolution No. 199-2006 to appropriate the first Five Million Dollars ($5,000,000.00) for the Project; and WHEREAS, County and FKAA desire to put in place procedures for the allocation, expenditure, and reimbursement of funds for the Project; NOW, THEREFORE, in consideration of the mutual consideration and promises set forth below, the parties agree as follows: 1. COUNTY FUNDING. The County by resolution of its Board of County Commissioners, shall appropriate from any lawfully available source, those funds which have been duly approved for the estimated costs of administration, planning and construction of the Project, which shall not exceed Fifteen Million Dollars ($15,000,000). These funds are in addition to the Five Million Dollars ($5,000,000) previously authorized under Resolution No. 199-2006. Municipal Service Taxing Unit ad valorem tax proceeds collected by County shall be provided to FKAA as part of the funding under this Agreement and shall be disbursed as described in paragraph 3 below. Before such disbursement, County may deduct its costs of administration and professional costs from the MSTU funds collected. As the Project progresses, and estimates are altered to reflect a combination of actual costs incurred and changes in pricing due to contracts resulting from bid processes, or other changed conditions, the FKAA shall provide such information to the County. This Agreement shall be modified as necessary to reflect such changes in the estimates in order to provide for adequate funding to be available for the timely and efficient construction of the project. The amount of the funding may be changed by written amendment to this Agreement approved by the parties. 2. PROJECT. The Project shall consist of a collection system, transmission main and method of treatment to Advanced Wastewater Treatment standards sufficient to serve the needs of the residents and businesses in the Big Coppitt Municipal Service Taxing Unit. Both FKAA and County shall perform their respective obligations and responsibilities under the Interlocal Agreement dated September 6, 2006. Attached are a project area map and project description (Exhibit A). 3. EXPENDITURE OF FUNDS. The FKAA shall begin to utilize the Five Million Dollars ($5,000,000.00) originally awarded and described in Paragraph I for the administration, planning, design and complete construction of the Project. Thereafter, during the course of the Project, the FKAA may request reimbursement for payments made by FKAA upon submission of documentation of previous expenditures from the Five Million Dollars ($5,000,000.00) until the total amount allocated by the County is exhausted. The FKAA shall submit this documentation to the County Senior Administrator (CSA) for Sewer Projects describing the services performed and stating for which wastewater district/Project the funds were expended. The submission must be in a form satisfactory to the CSA and Clerk of the Circuit Court (Clerk). If the CSA approves the submission, she shall forward the same to the Clerk. If the CSA or the Clerk determine that the submission is unacceptable, either of them shall return it to the FKAA in writing with a written description of the deficiency(ies). 4. FISCAL CONTROLS AND QUARTERLY REPORTS. The FKAA shall establish fiscal controls and fund accounting procedures that comply with generally accepted government accounting principles, satisfactory to the Clerk, in order to assure that the funds provided 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. The records must be retained by the FKAA for five years following the receipt by the FKAA of its last payment pursuant to this Agreement. Any funds transferred by the County to the FKAA under this Agreement that are determined by the Clerk, or 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 Florida Statute Sec. 55.03(1), from the date the auditor determines the funds were expended for a purpose not authorized by this Agreement. The FKAA agrees to provide the Clerk with quarterly status reports concerning the expenditure of these funds in sufficient detail to demonstrate compliance with the provisions of this Agreement. 5. RECORDS — ACCESS AND AUDITS. FKAA shall maintain adequate and complete records for a period of five years after termination of this Agreement. The State, the County, their officers, employees, agents and contractors shall have access to FKAA's books, records, and documents related to this Agreement upon request. The access to and inspection of such books, records, and documents by the aforementioned government representatives shall occur at any reasonable time. 6. RELATIONSHIP OF PARTIES. FKAA is, and shall be an independent contractor and not an agent or servant of the County. FKAA shall exercise control, direction, and supervision over the means and manner that its personnel, contractors and volunteers perform the work for the purpose of this Agreement. FKAA shall have no authority whatsoever to act on behalf of or as agent of the County in any promise, Agreement or representation other than specifically provided for in this Agreement. The County shall at no time be legally responsible for any negligence on the part of FKAA, its employees, agents or volunteers resulting in either bodily or personal injury or property damage to any individual, property or corporation. T TAXES. FKAA must pay all taxes and assessments, if any, including any sales or use tax, levied by any government agency with respect to FKAA's operations related to this Agreement. 8. INSURANCE.The parties to this Agreement stipulate that each is a state governmental agency as defined by Florida Statutes and represents to the other that it has purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self -insured, in amounts adequate to respond to any and all claims under federal or state actions for civil rights violations not limited by Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes Section 768.28 and Chapter 440, arising out of the activities governed by this Agreement. To the extent allowed by law, each party shall be responsible for any acts of negligence on the part of its employees, agents, contractors, and subcontractors and shall defend, indemnify and hold the other party harmless from all claims arising out of such actions. FKAA agrees to keep in full force and effect the required insurance coverage during the term of this Agreement. If the insurance policies originally purchased which meet the requirements of this lease are canceled, terminated or reduced in coverage, then FKAA must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the County whenever acquired or amended. 9. HOLD HARMLESS. To the extent allowed by law, FKAA is liable for and must fully defend, release, discharge, indemnify and hold harmless the County, the members of the County Commission, County officers and employees, County agents and contractors, and the Sheriff's Office, its officers and employees, from and against any and all claims, demands, causes of action, losses, costs and expenses of whatever type - including investigation and witness costs and expenses and attorneys' fees and costs - that arise out of or are attributable to FKAA's operations in connection with this Agreement except for those claims, demands, damages, liabilities, actions, causes of action, losses, costs and expenses that are the result of the sole negligence of the County. FKAA's purchase of the insurance required under this Agreement does not release or vitiate its obligations under this paragraph. FKAA does not waive any of its sovereign immunity rights including but not limited to those expressed in Section 768.28, Florida Statutes. 10. NON-DISCRIMINATION. FKAA and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. FKAA and County agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss_ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 11. GOVERNING LAW, VENUE. INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and FKAA agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Neither this Agreement nor any of its terms is subject to arbitration. The County and FKAA agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12, SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and FKAA agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 13. ATTORNEY'S FEES AND COSTS. The County and FKAA agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 14. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and FKAA and their respective legal representatives, successors, and assigns. 15. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 16. CLAIMS FOR FEDERAL OR STATE AID. FKAA and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and FKAA agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 18. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and FKAA agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and FKAA specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 19. COVENANT OF NO INTEREST. County and FKAA covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 20. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 21. NO SOLICITATION/PAYMENT. The County and FKAA warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the FKAA agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 22. PUBLIC ACCESS. The County and FKAA shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and FKAA in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by FKAA. 23. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 786.28, Florida Statutes, the participation of the County and the FKAA in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County or the FKAA be required to contain any provision for waiver. 24. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County or the FKAA, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 25. LEGAL OBLIGATIONS AND RESPONSIBILITIES. Non -Delegation of Constitutional or Statutory Duties, This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 26. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third - party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the FKAA agree that neither the County nor the FKAA or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 27. ATTESTATIONS. FKAA agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 28. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County or the FKAA in his or her individual capacity, and no member, officer, agent or employee of Monroe County or the FKAA shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 29. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 30. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 31. TERMINATION. The County may treat FKAA in default and terminate this Agreement immediately, without prior notice, upon failure of FKAA to comply with any provision related to compliance with all laws, rules and regulations. This Agreement may be terminated by County due to breaches of other provisions of this Agreement if, after written notice of the breach is delivered to FKAA, FKAA does not cure the breach within 7 days following delivery of notice of breach. The County may terminate this Agreement upon giving sixty (60) days prior written notice to FKAA. Any waiver of any breach of covenants herein contained shall not be deemed to be a continuing waiver and shall not operate to bar either party from declaring a forfeiture for any succeeding breach either of the same conditions or covenants or otherwise. Should the Agreement be terminated, County shall pay for reimbursable costs to the effective date of termination. Termination of this Agreement for this project shall have no effect on any other agreement between the County and the FKAA. 32. ASSIGNMENT. FKAA may not assign this Agreement or assign or subcontract any of its obligations under this Agreement without the approval of the County's Board of County Commissioners. All the obligations of this Agreement will extend to and bind the legal representatives, successors and assigns of FKAA and the County. 33. SUBORDINATION, This Agreement is subordinate to the laws and regulations of the United States, the State of Florida, and the County, whether in effect on commencement of this Agreement or adopted after that date. 34. INCONSISTENCY. If any item, condition or obligation of this Agreement is in conflict with other items in this Agreement, the inconsistencies shall be construed so as to give meaning to those terms which limit the County's responsibility and liability. 35. GOVERNING LAWS/VENUE. This Agreement is governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and costs. 36. ETHICS CLAUSE. FKAA warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision, the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift or consideration paid to the former County officer- or employee. 37. CONSTRUCTION. This Agreement has been carefully reviewed by FKAA and County. Therefore, this Agreement is not to be construed against any party on the basis of authorship. 38. NOTICES, Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY: County Administrator 1100 Simonton Street Key West, FL 33040 FKAA Executive Director 1100 Kennedy Drive Key West, FL 33040 39. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. 40. ANNUAL APPROPRIATION: Funding by County is subject to an annual appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and aikhpve written. 23 z} e, Clerk BOARD OF CO Ty COMMISSIOEM li OF MONROE C TY, FLORIDArn By: c-) r` eputy Clerk Mayor/Chairp son = 7, 'v r� a FLORIDA KEYS AQUEDUCT AUTIFQRfTY d ATTES;Iferk- : By: 7 Y� Chair an MONROE COUNTY ATTORNEY APPROVED AS TO FORM: IkI SUS M. GRIMSLE Y ��" ASSISTAMT COUNTY ATTORNEY EXHIBIT A to Interlocal Agreement Between Monroe -County and FKAA for the Big Coppitt Regional Wastewater System June 21, 2006 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14, 2007 Division: Engineering Bulk Item: Yes _ No X Department: Wastewater Staff Contact Person: Elizabeth Wood AGENDA ITEM WORDING: Discussion of Impaired Waters Rule, requirements, and possible approval of resolution authorizing the County Administrator to sign the Stakeholder Agreement committing Monroe County to complete those projects specified in the Middle (Duck Key); Boca Chica (Big Coppitt, Lower Sugarloaf, Sugarloaf-Cudjoe-Summerland, and Big Pine Key); and Lower Keys (Stock Island) Florida Keys Reasonable Assurance Documentation. ITEM BACKGROUND: Under the Impaired Waters Rule, Total Maximum Daily Loads (TMDL) must be set for parameters causing the impairment unless the State Government can provide Reasonable Assurance that completion of projects in existing Master Plans and Capital Improvement Plans will result in required improvements in water quality. Approval to execute the resolution and execution of the Stakeholder Agreement provides Monroe County the opportunity to obtain compliance with water quality standards by completing presently planned projects. Alternatively, water quality compliance will become a regulatory activity, subject to federal permitting. PREVIOUS RELEVANT BOCC ACTION: At the June BOCC meeting, the FKRAD Stakeholder Agreement was presented for initial review. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval to execute resolution following approval by County Attorney. TOTAL COST: $0 COST TO COUNTY: $0 BUDGETED: Yes NA No SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management _ DOCUMENTATION: DISPOSITION: Revised 8/06 Included X Not Required AGENDA ITEM # Engineering Division MEMORANDUM To: Dave Koppel, County Engineer From: Elizabeth Wood, Sr. Administrator — Sewer Projects Date: 11/8/2007 Re: County Participation in Florida Keys Reasonable Assurance Documentation AGENDA ITEM WORDING: Discussion of Impaired Waters Rule, requirements, and possible approval of resolution authorizing the County Administrator to sign the Stakeholder Agreement committing Monroe County to complete those projects specified in the Middle (Duck Key); Boca Chica (Big Coppitt, Lower Sugarloaf, Sugarloaf-Cudjoe-Summerland, and Big Pine Key); and Lower Keys (Stock Island) Florida Keys Reasonable Assurance Documentation (RAD). Chapter 99-395 requires Advanced Wastewater Treatment (AWT) in the Florida Keys by July 2010. Submittal of RAD commiting Monroe County to the projects required for compliance with 99-395 Laws of Florida may be sufficient to provide EPA assurance that the water quality standards necessary to improve water quality in the Florida Keys will occur without development of an additional Total Maximum Daily Load for nitrogen and phosphorus. At a minimum, it is recommended that Monroe County commit to completing the Big Coppitt and Duck Key Regional AWT projects and BAT projects in the remaining Lower Keys project areas. Alternatively, EPA will develop a TMDL for nitrogen and phosphorus that may require additional infrastructure to obtain compliance with a new federal standard. RESOLUTION #2007- A RESOLUTION OF MONROE COUNTY, FLORIDA, PERTAINING TO THE DEVELOPMENT AND IMPLEMENTATION OF THE FLORIDA KEYS REASONABLE ASSURANCE DOCUMENATION; AUTHORIZING THE COUNTY MANAGER TO SIGN THE FKRAD STAKEHOLDER'S AGREEEMENT; SUPPORTING CONTINUATION OF STAFF PARTICIPATION; PROVIDING FOR AN EFFECTIVE DATE Whereas, the County recognizes that the Florida Keys are a unique and irreplaceable natural system that constitutes a local, State and National treasure; and Whereas, the County recognizes that the Florida Keys are a linear collection of small watersheds which are hydrologically connected at the local level by the nearshore waters of the Keys; and Whereas, the County recognizes that the Florida Keys are continuously impacted by nutrient concentrations in offshore waters associated with a wide range of natural sources and phenomena including global warming, deep ocean upwelling, micro - nutrients and viruses in African dust storms that reach the Keys; and Whereas, the County recognizes that water quality in the nearshore waters of the Florida Keys are continuously influenced by their interactions with offshore waters that have elevated nutrient concentrations attributable to a wide range of anthropogenic activities far outside of the Florida Keys; and Whereas, the County does not control or influence the major sources of nutrient loading into the offshore and nearshore waters surrounding the Florida Keys; and Whereas, the County recognizes that a portion of the nutrients in the nearshore waters of the Florida Keys originate from anthropogenic activities occurring within the Florida Keys which are within the purview and scope of authority of federal, state and regional agencies and the local Keys governments; and Whereas, the County recognizes that the major portions of the nutrients in the nearshore waters of the Florida Keys originate from anthropogenic activities outside of the Florida Keys and are not within the purview and scope of authority of the local Keys governments and agencies; and Whereas, the County wishes, nevertheless, to control the nutrient loading derived from its own local wastewater, stormwater, and land development discharges; and Whereas, the County recognizes that elevated nutrient concentrations have contributed to the degradation of water quality in the Florida Keys; and Whereas, the County is interested in managing the water quality in the Florida Keys to preserve and improve the aquatic environment and living resources now existing in the Florida Keys; and Page 1 of 3 Whereas, the County recognizes that a comprehensive watershed approach is needed to reduce nutrients and address water quality issues within the Florida Keys; and Whereas, a multitude of regulatory, technical assistance, research, and education programs has been developed and are well coordinated but must be used in combination with incentives and other non -regulatory tools to form a comprehensive approach to address the full scope of water quality issues within the Florida Keys; and Whereas, a substantial level of federal, state, regional, local and private resources are being sought and committed to and a new coordinated approach must recognize and build upon effort and progress from the work of all of these programs; and Whereas, the resource management actions referenced in Table 1 (included herein and made part of this agreement) of the Florida Keys Reasonable Assurance Documentation (FKRAD), which includes both projects that have been completed by the County since 2000 and projects that will be completed by 2015) are deemed effective in improving water quality within the County; and Whereas, a Stakeholder's Agreement has been prepared confirming the management actions to which the County is committed to completed as part of this program. Now therefore, in consideration of the foregoing premises, which are made part of this Agreement, the County hereby agrees to the following: Monroe County understands that the Florida Keys Reasonable Assurance Documentation was developed through a collaborative effort between the Florida Department of Environmental Protection (DEP), local governments in the Florida Keys, other local, state, and regional agencies, and private and public interests to identify cost-effective actions that can be undertaken to achieve reasonable assurance for the nutrient discharge to nearshore waters in the Florida Keys; 2. The County Board of County Commissioners acknowledges that representatives from the County have participated in the development of the FKRAD and the management actions contained within it; and 3. On , 2007, the County Board of County Commissioners received a briefing on the contents of the FKRAD to date, and understands that, although there will be some revisions to the plan before it is adopted by order of the DEP Secretary, the revisions are not expected to significantly change any fiscal or policy impacts to the County. Therefore, be it resolved on this, the _of July, 2007, that the Monroe County: Section 1: Supports the continued development and finalization of the Florida Keys Reasonable Assurance Documentation, with the participation of representatives of the Monroe County. Section 2: Commits to the implementation of the management actions identified in Table of the Florida Keys Reasonable Assurance Documentation pertinent to the County, and for project identified for future implementation, will seek the necessary Page 2 of 3 approvals and funding to carry out the management actions for which the Monroe County has responsibility. Section 3: Will give careful and fair consideration to future modifications of the FKRAD after its approval by state and federal agencies. Section 4: Supports staff participation in the coordinated tracking of FKRAD implementation; in follow-up meetings with DEP and other stakeholders; and revising the FKRAD as necessary to ensure the management actions are being implemented. Section 5: Endorses the continuation of a coordinated and comprehensive management approach to address and achieve the goals of the FKRAD for the portion of the FKRAD within the County. Section 6: Authorizes the County Manager to represent the County in reviewing and signing the final Stakeholder's Agreement, prior to its adoption by DEP. However, if staff determines that revisions to the FKRAD after the date of this resolution significantly change any fiscal or policy commitments herein made by Monroe County, staff will brief the County Manager and County Board of County Commissioners and request further direction before agreeing to the plan. DONE AND RESOLVED, this _ day of 2007, in regular session of the Monroe County Board of County Commissioners. Attest: County Clerk APPROVED AS TO FORM: County Attorney Mayor Page 3 of 3 Florida Keys Watersheds Management Plan Stakeholders Agreement Initial Concept Draft ❖ April , 2007 Background Whereas, the Parties to this Agreement recognize that the Florida Keys are a unique and irreplaceable natural system that constitutes a local, State and National treasure; and Whereas, the Parties to this Agreement recognize that the Florida Keys are a linear collection of small watersheds which are hydrologically connected at the local level by the nearshore waters of the Keys; and Whereas, the Parties to this Agreement recognize that the Florida Keys are continuously impacted by nutrient concentrations in offshore waters associated with a wide range of natural sources and phenomena including deep ocean upwelling, micro -nutrient and viruses in African dust storms that reach the Keys; and Whereas, the Parties to this Agreement recognize that water quality in the nearshore waters of the Florida Keys are continuously influenced by their interactions with offshore waters and loop currents that have elevated nutrient concentrations attributable to a wide range of anthropogenic activities far outside of the Florida Keys; and Whereas, the Parties to this Agreement do not control the major sources of nutrient loading into the offshore and nearshore waters surrounding the Florida Keys; and Whereas, the Parties to this Agreement wish, nevertheless, to control the nutrient loading derived from local wastewater, stormwater, and land development discharges to the degree possible; and Whereas, the Parties to this Agreement recognize that elevated nutrient concentrations have contributed to the degradation of water quality in the Florida Keys; and Whereas, the Parties to this Agreement recognize that a minor portion of the nutrients in the nearshore waters of the Florida Keys originate from anthropogenic activities occurring within the Florida Keys which are within the purview and scope of authority of the local Keys governments and agencies; and Whereas, the Parties to this Agreement recognize that the major portions of the nutrients in the nearshore waters of the Florida Keys originate from anthropogenic activities outside of the Florida Keys and are not within the purview and scope of authority of the local Keys governments and agencies; and Whereas, the Parties to this Agreement are interested in managing the water quality in the Florida Keys to preserve and improve the aquatic environment and living resources now existing in the Florida Keys; and Whereas, the Parties to this Agreement recognize that a comprehensive watershed approach is needed to reduce nutrients and address water quality issues within the Florida Keys; and Whereas, a multitude of regulatory, technical assistance, research, and education programs has been developed and are well coordinated but must be used in combination with incentives and other non -regulatory tools to form a comprehensive approach to address the full scope of water quality issues within the Florida Keys; and Whereas, a substantial level of federal, state, regional, local and private resources are being sought and committed to and a new coordinated approach must recognize and build upon effort and progress from the work of all of these programs; and Whereas, the resource management actions referenced in Table (included herein and made part of this agreement) of the Florida Keys Reasonable Assurance Document are deemed effective in improving water quality within the Florida Keys watersheds. Now therefore, in consideration of the foregoing premises, which are made part of this Agreement, the Parties hereby agree to the following. I. Mission The common mission of the signatories is to reduce the annual discharge of nutrients to the Florida Keys halo zone waters (WBIDs 6006A, 6006B, 6006C, 6009, 6010, 6011A, 6011 B, 6011 C, 6012A, 6012B, 6012D, 6012E, 6013A, 6013B, 6013C, 6013D, 6014A, 6014B, 6014C, 6016, 6017, 6018 AND 6019) in orderto protect and enhance the unique marine environment of the nearshore waters of the Florida Keys. To this end the signatory stakeholders agree to: 1. Work together to assess and control anthropogenic sources of total nitrogen and total phosphorus being discharged to the halo zone waters; 2. Work individually to optimize reductions of locally generated nutrient concentrations in the local halo zones; 3. Work collaboratively to minimize discharges to waters of these watersheds emphasizing voluntary, incentive -based programs for protecting the environment and public health; and, Coordinate and collaborate with federal, state, regional agencies/programs, local governments and interested parties to improve the coordination, use and benefits provided by existing regulatory, technical assistance, research, and education programs. II. Guiding Principles The signatory stakeholders agree to adopt the following guiding principles in achieving the mission: 1. Use a comprehensive, regionally integrated management approach to address Class III marine waterquality standards for halo zone waters and encourage timely implementation of proposed and planned management actions within the Florida Keys watersheds. 2. Focus on management approaches which are technically feasible, economically practicable, and protective of the environment and public health. 3. Implement wastewater management actions — including wastewater collection, treatment and disposal practices — as required by Chapter 99-395 as a primary management practice for reducing nutrient discharges to the halo zone waters. 4. Implement stormwater management actions — including regulations, design standards and criteria, education programs, collection systems and treatment facilities, and O&M activities — to the maximum extent practicable throughout their watersheds to achieve Class III water standards in the halo zone waters. 5. Maximize the efficient coordination of federal, state, and regional agency resources and programs, and local resources and avoid unnecessary duplication of efforts 6. Where appropriate, pursue opportunities for joint projects that provide more cost effective solutions and may make better use of consolidated and coordinated funding of projects. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date _November 14, 2007 Division: Engineering Bulk Item: Yes _ No X Department: Wastewater Staff Contact Person: Elizabeth Wood/292-4525 AGENDA ITEM WORDING: Approval to advertise a notice of intent for the non -ad valorem assessment program for those properties designated as Tier III in Key Haven, Lower Sugarloaf through Big Pine Keys, and Long Key. ITEM BACKGROUND: Florida Statute Section 197.3632 specifies that a public hearing to adopt a resolution of intent to use the uniform method of collection for an assessment program must be held in the calendar year prior to the collection. A notice of the public hearing to adopt the resolution of intent must be advertised four consecutive weeks immediately before the date of the hearing. The resolution of intent must be adopted by January 1 ", 2008 and sent to the Monroe County Tax Collector, the Monroe County Property Appraiser, and the Florida Department of Revenue by January 10, 2008. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval. TOTAL COST: 7.5K BUDGETED: Yes X No COST TO COUNTY: 7.5K SOURCE OF FUNDS: MSTU REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year TBD APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # L ' `i' Revised 2/05 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 15, 2006 Bulk Item: Yes No X Division: Engineering Department: Wastewater Staff Contact Person: Elizabeth Wood AGENDA ITEM WORDING: Approval to advertise a notice of intent for the non -ad valorem assessment program for those properties designated as Tier III in the Duck Key and Big Coppitt Key through Summerland Key sewer service areas, excluding Baypoint. ITEM BACKGROUND: Florida Statute Section 197.3632 specifies that a public hearing to adopt a resolution of intent to use the uniform method of collection for an assessment program must be held in the calendar year prior to the collection. A notice of the public hearing to adopt the resolution of intent must be advertised four consecutive weeks immediately before the date of the hearing. The resolution of intent must 'be adopted by January Is', 2007 and sent to the Monroe County Tax Collector, the Monroe County Property Appraiser, and the Florida Department of Revenue by January 10, 2007. PREVIOUS RELEVANT BOCC ACTION: At the January 25, 2006 Special Meeting, approval was granted to levy a $4,500 per EDU sewer connection fee for those properties designated as Tier III in the Duck Key and Big Coppitt Key sewer service areas through Little Torch Key excluding Ba point. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval. TOTAL COST: $4K BUDGETED: Yes X No COST TO COUNTY: $4K SOURCE OF FUNDS: MSTU REVENUE PRODUCING: Yes X No _ AMOUNT PER MONTH_ Year $17M APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management DOCUMENTATION: Included X Not Required. DISPOSITION: AGENDA ITEM # Revised 2/05 Engineering Division MEMORANDUM To: County Administrator's Office From: Elizabeth Wood, Sr. Administrator — Sewer Projects Date: 11 /9/2006 Re: Approval to Advertise Notice of Intent for the Non -Ad Valorem Assessment Program AGENDA ITEM WORDING: Approval to advertise a Notice of Intent for the non -ad valorem assessment program in FY08 for those properties designated as Tier III in the Duck Key and Big Coppitt Key through Summerland Key sewer service areas, excluding Baypoint. ITEM BACKGROUND: Florida Statute Section 197.3632 specifies that a public hearing to adopt a resolution of intent to use the uniform method of collection for an assessment program must be held in the calendar year prior to the collection. A notice of the public hearing to adopt the resolution of intent must be advertised four consecutive weeks immediately before the date of the hearing. The resolution of intent must be adopted by January 1s`, 2007 and sent to the Monroe County Tax Collector, the Monroe County Property Appraiser, and the Florida Department of Revenue by January 10, 2007. PREVIOUS RELEVANT BOCC ACTION: At the January 25, 2006 Special Meeting, approval was granted to levy a $4,500 per EDU sewer connection fee for those properties designated as Tier III in the Duck Key and Big Coppitt Key sewer service areas through Little Torch Key excluding Baypoint. The Interlocal Agreement between Monroe County and the Florida Keys Aqueduct Authority specifies that, "citizens do not have to pay in excess of $4500 per EDU in non - ad valorem special assessments." Planning for the Big Pine Key sewer areas is anticipated to occur in early FY08, therefore, the levy of the ad valorem special assessments for the Big Pine Key was not approved for FY07. Ramrod Key, as well as Little, Middle, and Big Torch Keys are part of the Big Pine Key service area; therefore, collection of the $4500 connection fee should also be postponed until FY09. CONTRACT/AGREEMENT CHANGES:. STAFF RECOMMENDATIONS: Approval. NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON -AD VALOREM ASSESSMENTS The Board of County Commissioners of Monroe County, Florida (the "County") hereby provides notice, pursuant to section 197.3632(3)(a), Florida Statutes, of its intent to use the uniform method of collecting non -ad valorem special assessments, for the cost of providing certain wastewater capital improvements and connections, to be levied within the unincorporated of the County encompassing the area of the Key Haven, Lower Sugarloaf throught Big Pine Keys, and Long Key each year until discontinued by the County. The County will consider the adoption of a resolution electing to use the uniform method of collecting such assessments authorized by section 197.3632, Florida Statutes, at a public hearing to be held at 5:01 p.m. on December 20, 2006 at the Commission Chambers, Marathon Government Center, 2798 Overseas Highway, Marathon, FL. Such resolution will state the need for the levy and will contain a legal description of the boundaries of the real property subject to the levy. Copies of the proposed form of resolution, which contains the legal description of the real property subject to the levy, are on file at the various public libraries in Monroe County, FL. All interested persons are invited to attend. In the event any person decides to appeal any decision by the County with respect to any matter relating to the consideration of the resolution at the above -referenced public hearing, a record of the proceeding may be needed and in such an event, such person may need to ensure that a verbatim record of the public hearing is made, which record includes the testimony and evidence on which the appeal is to be based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact Monroe County at County Administrator's Office, 305-292-4441, 7 days prior to the date of the hearing. Danny L. Kolhage, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publish in a newspaper of general circulation during the weeks of: TBD 7. Seek reasonable, incentive based solutions that can be embraced by leaders and stakeholders in the Keys communities and at all levels of government. 8. Develop consensus measures of success that include monitoring of the progress of management actions. 9. Achieve results that satisfy regulatory requirements. 10. Employ water quality monitoring to measure the effectiveness of implemented water quality improvement measures. 11. Continue to make good faith efforts in funding incentive -based programs. 12. Participate in annual reporting activities that demonstrate successful reduction of nutrient discharges. III. Organization The signatories, through their own individual efforts, combined with interlocal cooperation and the integrated efforts of numerous federal, state and local programs, have created a fabric of regulatory, operational, capital construction and educational programs that function collectively as an integrated management plan for the multiple watersheds in the Florida Keys. While no designated leader or management committee exists for this informal watershed plan, there are a number of oversight entities that provide guidance and leadership including: ■ DCA (by virtue of the Keys' designation as a Area of Critical State Concern) ■ Florida Keys National Marine Sanctuary Steering Committee ■ Sanctuary Advisory Committee Primary planning activities have been accomplished by the individual stakeholder governments for their jurisdictionaI areas. These planning activities have received a defacto integration effort through a number of studies, regulations and overlay planning including: ■ Monroe County Sanitary Wastewater Master Plan; ■ Monroe County Stormwater Master Plan; ■ Florida Keys Carrying Capacity Plan; ■ FDEP's wastewater and stormwater management regulations; ■ Chapter 9J-5, Comprehensive Growth Management (monitored by DCA); and ■ Chapter 99-395, Florida Statutes. The combination of wastewater and stormwater regulatory programs, supplemented by the multiple leadership entities, will continue to address the specific impairments to water quality recognized at the time of signature. IV. Education, Outreach and Implementation For the signatory stakeholders to accomplish their mission, education on the issues and solutions, including effective transfer of knowledge and technology, are essential components of implementation of the efforts of the Technical Working Groups. V. Stakeholder Involvement and Commitments Forthe signatory stakeholders to be successful, the involvement of stakeholders is critical. As part of this framework agreement, a process for stakeholder involvement is developed and will be implemented by the signatories. Specific commitments of the signatory stakeholders are referenced in Table of the Florida Keys Reasonable Assurance Document by individual stakeholder. VI. Measures of Success Water quality issues in the Florida Keys watersheds have developed from various inputs over an extended period of time. Successfully addressing these issues will require sufficient time to implement management changes and evaluate their effect. The signatories will make a good faith effort in implementing the projects and management activities referenced in the FKRAD to restore and maintain water quality conditions to the levels set forth in the FK Reasonable Assurance Documentation. This commitment is based on mutual cooperation, shared objectives, fairness, and support and participation from the Parties to this Agreement. We the undersigned Stakeholders agree, on August XX, 2007 to the foregoing Florida Keys Watersheds Stakeholder Agreement: City of Key Colony Beach Name, Title City of Key West Name, Title City of Layton Name, Title City of Marathon Name, Title Florida Keys Aqueduct Authority Name, Title County of Marathon Name, Title Florida Parks Service Name, Title Islamorada, Village of the Islands Name, Title United States Navy Name, Title Key Largo Wastewater Treatment District Name, Title We the undersigned Agencies and Programs agree, on August XX, 2007 to support the foregoing Florida Keys Watersheds Stakeholder Agreement: Florida Department of Environmental Protection United States Environmental Protection Agency, Director, South District Region IV Jon Inglehart Name, Title Florida Department of Community Affairs United States Army Corps of Engineers Name, Title Jacksonville District Name, Title Florida Department of Health South Florida Water Management District Bureau of Onsite Sewage Programs Carol Whele, Executive Director Gerald Briggs, Title Agency or Program Agency or Program Name, Title Name, Title Agency or Program Name, Title Agency or Program Name, Title Agency or Program Name, Title Interested Party Name, Title Potential Candidates for Inclusion: Everglades & Dry Tortugas National Parks Florida Keys Environmental Fund " Florida Keys National Marine Sanctuary Florida Keys National Wildlife Refuges — USF&WS Florida Freshwater Fish and Game Conservation Commission National Marine Sanctuaries Program - NOAA Sanctuary Advisory Council - FKNMS " We the undersigned Interested Parties agree, on August XX, 2007 to endorse the foregoing Florida Keys Watersheds Stakeholder Agreement: Audubon of Florida Sierra Club Name, Title Name, Title Conservancy of South Florida Florida International University Name, Title South Florida Ecosystem Restoration Task Force Name, Title Earth Justice The Nature Conservancy Name, Title South Florida/Florida Keys Program Name, Title Florida Keys Visitors and Convention Bureau Thousand Friends of Florida Name, Title Name, Title Monroe County Commercial Fishermen Interested Party Name, Title Name, Title Reef Relief Interested Party Name, Title Name, Title § � o � 2 § 3 \ \ ƒ \ \ \ \ = w \ t \ - / \ \ / U / / / / 4 / E K \ \ \ \ \ \ \ \ \ w w & w w w \ \ \ \ a = a = / c / c U U c U \ \ / \ \ \ \ / w $ ®\\ lot \ o \ 'at) / / ¢ \ \ / / \ U')m U-)U� 0 a Q U z Q a@ Q Q Q \ z m m U z Q m Q Q