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Resolution 093-2000 RESOLUTION NO. 093 -2000 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (BOCC) REQUESTING THE FLORIDA KEYS AQUEDUCT AUTHORITY (FKAA) TO ENTER INTO CONTRACT NEGOTIATIONS WITH THE OGDEN WATER SYSTEMS, INC., TO DESIGN/BUILD/OPERATE A WASTEWATER TREATMENT FACILITY IN KEY LARGO AND REQUESTING FKAA TO ADDRESS SPECIFIC CONCERNS AND ISSUES IN ITS CONTRACT NEGOTIATIONS, ENLIST OUTSIDE EXPERT TECHNICAL ASSISTANCE FOR CONTRACT NEGOTIATIONS AND CONSTRUCTION MANAGEMENT, AND REPORT BACK TO THE BOCC ON HOOK-UP AND MONTHLY USER FEES PRIOR TO CONTRACT EXECUTION WHEREAS, the Florida Keys Aqueduct Authority (FKAA) is the wastewater authority for unincorporated Monroe County as established by a special act of the Florida Legislature under Chapter 76-441, Laws of Florida; and, WHEREAS, Monroe County and the FKAA have entered into various memoranda of understanding that describe the shared responsibilities between the County and the Authority for the development of a wastewater utility in the Keys; and, WHEREAS, Monroe County is following a Request for Proposal (RFP) process for the design/build or design/build/operate a wastewater treatment system in Key Largo; and, WHEREAS, a Technical Evaluation Panel composed of representatives from various federal, state, and local agencies, was established to review the responses received from firms in the RFP process and to make recommendations to the Monroe County Board of Commissioners; and, WHEREAS, the Technical Evaluation Panel has completed its assignment and has provided Monroe County with its recommendations; and, WHEREAS, the Monroe County Board of Commissioners has considered the recommendations of the Technical Evaluation Panel and the County staff; and, WHEREAS, after considering these recommendations, the Monroe County Board of Commissioners has approved the firm of Ogden Water Systems, Inc" for entering into contract negotiations with the FKAA to deSign/build/operate a wastewater treatment system in Key Largo; and, So C) ." z ::Po <:) ;= WHEREAS, the Monroe County Board of Commissioners desires that t~MA,., tfi'j wastewater authority for unincorporated Monroe County, enter into contract n~iorv:; w~ Ogden Water Systems, Inc" to deSign/build/operate a wastewater treatment ~~m R5t ~ Largo; and, z?Je; -0 ..... -tC"')1 :J: ....., :< w .::t: ", WHEREAS, the Monroe County Board of Commissioners has poliCY con9V"n~nc:fJ5s~ and requests that the FKAA address them in its contract negotiations with Ogden ,JNati!r S&1te~ Inc; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA THAT: C:~hotalen\WINWORD\resfkaa21700.doc Page 1 of 5 1. The FKAA is requested to enter into contract negotiations with Ogden Water Systems, Inc., to design/build/operate a wastewater treatment system in Key Largo serving an area from Tavernier Creek to approximately US 1 Mile Marker 106, 2, The FKAA is requested to consider and pursue the following concerns and issues in its negotiation of the contract with Ogden Waster Systems, Inc,: . Critical Issues raised by the Technical Evaluation Panel in its recommendations to Monroe County (attached as Exhibit 1); and, . Adding the optional $2.84 million reuse option to the project; and, . Providing for County Growth Management Division staff review and citizen input on the exterior design and site location of the wastewater treatment facilities and collection system; and, . Providing for public outreach program to keep our citizens informed and to manage any citizen complaints and service problems during the construction phase of project.; and, . Providing for coordination of construction activity with the County Public Works Division staff and the County's road resurfacing program. 3. We highly recommended that the Florida Aqueduct Authority, as recommended by the Technical Evaluation Panel, seek expert technical assistance to assist it in the contract negotiations and construction management, 4. The FKAA is requested to return to the Board of County Commissioners prior to execution of the contract to inform and consult with the Board on proposed hook-up fees and monthly user rates for the proposed Key Largo wastewater treatment system, 5. The FKAA is requested to cooperate with the Growth Management Division staff in the identification, evaluation, and selection of candidate sites for the location of the wastewater treatment facility prior to contract execution. The final site selection approval shall be made by the Board of County Commissioners. 6. Keep costs as close as pOSSible to the proposed $2,500,00 per equivalent development unit (EDU) hook-up and $35 per EDU monthly fee, recognizing that the FKAA will need to add their administrative costs. 7, A series of at least three (3) public meetings must be held in Key Largo prior to the signing of the contract in order to keep the public apprised of developments in contractual negotiations and community impacts (one of those meetings should be devoted to site selections, as detailed below), 8, Possible sites for the wastewater treatment plant will be presented at a well- advertised publiC meeting after Monroe County's Growth Management Department has submitted details of pOSSible sites and a list of pros and cons for each site to area newspapers and interested constituents. Any proposed site must be consistent with the Monroe County's Comprehensive Plan. Site selection will be determined utilizing the opinions and views of the citizens of Key Largo. 9. Address the critical issues and concerns raised by the Request for Proposals (RFP) "Technical Evaluation Panel" established by the US Environmental Protection Agency in partnership with the Florida Department of Environmental Protection to the satisfaction of FKAA, FKAA should also address issues raised by our constituency at public hearings and via the Commissioners, 10. Include language within the contract itself, within the BOCC's Resolution of Support, and within all enabling ordinances to ensure that the decision to pursue cost effective C:~hotalen\WINWORD\resfkaa21700.doc Page 2 of 5 wastewater treatment upgrades to improve water quality must be consistent with the County's Comprehensive Plan and Rate of Growth Ordinance (ROGO) by NOT leading to increased growth through excessive design capacity of the wastewater management system or through future expansion of the wastewater facility. PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held on the 17th day of February, 2000. Mayor Shirley Freeman Commissioner George Neugent Commissioner Wilhelmina Harvey ----,..." ,d~~~1~I:~~issioner Mary Kay Reich (~)::'\C:,~;:;:,C:;:O,~~ssioner Nora Williams 11,:/ /.. .:l\ ~>_\" ....,.V': 1/...1---'..'.... '-. .,,1. , 1/~1 _.~~~}:~~\ ~~~~,. ~,<:,c~"'~i ;;'t f:;!r~A~) <.,;:,;. ~.; l~:'~bi}y'i;:~::KoJh ge, Clerk '; .,~~~~::J." ='" yes yes yes yes yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA cS ~~ By jcresfkaa C:~hotalen\WINWORD\resfkaa21700.doc Page 3 of 5 Exhibit 1 TEP Recommendations Critical Issues to be addressed General Critical Issues 1. Financial and performance guarantees and penalties. 2. Schedule for substantial construction completion for core service area and remainder of project. 3. Schedule for site selection, evaluation of suitability of site, provision for environmental mitigation, and cost responsibility for project delays and other site complications. 4. Restoration of private property. 5. Street resurfacing beyond patching, 6. County responsibilities for work on private property. 7. Prohibition on installing any "T" for a future connection to the wastewater collection system. 8. Extent of the excess (over existing need) design capacity. 9, Odor control at major lift stations and vacuum stations as well as the treatment plant. 10. Service area boundaries regardless of EDU count. 11. Traffic-bearing vacuum pit lids. 12. Equipment and materials selection and approval process. 13, Contingency for alternative Sludge disposal. 14. The proposals will remain valid for a period of 180 days from the date of the cost opening. Cost proposals will expire on June 13, 2000, 15, County responsibilities for structuring the financing of the project, C:~hotalen\WINWORD\resfkaa21700.doc Page 4 of 5 Exhibit 1 (Continued) SDecific Critical Issues 1. County's role in procuring equipment and material, if sales tax savings is to be achieved. 2. County's responsibilities in procuring project sites, 3, Permitting of alternative disposal options (deep well versus "other"), 4, Costs and responsibilities associated with effluent reuse, if that is to be added to the base project. 5. Costs and responsibilities associated with affordable housing, if that is to be added to the base project, 6. Existing collection sewers that are to be rehabilitated, C:~hotalen\WINWORD\resfk.aa21700.doc Page 5 of 5