Item O1BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor Heather Carruthers, District 3
f
T$ne Florida Keys (, S �� Mayor Pro Tem George Neugent, District 2
t� ) ��` ��
�' Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 22, 2016
Agenda Item Number: O.1
Agenda Item Summary #2273
BULK ITEM: Yes DEPARTMENT: Waste Water
TIME APPROXIMATE: STAFF CONTACT: Tina Losacco (305) 289 -6051
n/a
AGENDA ITEM WORDING: Approval of an interlocal agreement (ILA) by and between Monroe
County and Florida Keys Aqueduct Authority, regarding payment for providing connection points
for residential properties in County- funded central wastewater systems whose connections were not
included in the systems' initial design or construction.
ITEM BACKGROUND: At its November 17, 2015 meeting, the BOCC approved a policy that
states that when any property located within the Cudjoe Regional, Big Coppitt, Duck Key /Conch
Key, or East /West Long Key service area is issued a building permit, the FKAA will provide a
connection from the property to the central wastewater collection system. This ILA establishes a
standard charge to be paid by the County ($9,000) for each new connection point whether gravity or
low pressure grinder station. The estimated maximum cost over the life of the agreement is $5.6
million. This is based on an estimated percentage of 77% of the remaining 813 market rate and
affordable housing rate of growth ordinance (ROGO) allocations over the next eight years in the
service areas. The County and the FKAA wish to memorialize the agreement and to put in place
procedures for the allocation of funding for the sewer connections for these properties.
PREVIOUS RELEVANT BOCC ACTION:
June 20, 2015 the BOCC instructed County staff that properties in the Cudjoe Regional Wastewater
System (CRWS) developed after the bid package and in development as of June 30, 2015 should
have a connection included in the project at no additional cost to the property owner(s), at a cost to
the County of $2.51 million.
November 17, 2015, the BOCC approved a policy for sewer connections to residential properties in
the County- funded Cudjoe Regional, Big Coppitt, Duck Key /Conch Key or East /West Long Key
wastewater systems whose connections were not included in the systems' designs and which were
developed on or after July 1, 2015.
CONTRACT /AGREEMENT CHANGES:
allows for the payment of an additional 813 connection points
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
History
ILA FKAA additional properties 11.3.2016 (2)
FINANCIAL IMPACT:
Effective Date: 02 -01 -2016
Expiration Date: 03 -01 -2023
Total Dollar Value of Contract: 5.6 million
Total Cost to County: 5.6 million
Current Year Portion: 700k
Budgeted:
Source of Funds: Fund 304 infrastructure sales tax & Mayfield grant
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: NO If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details: The monies for this contract were approved at the 11 -17 -2015 BOCC
meeting — Item #S2
11/22/16 304 -24000 - GEN GOVT CAP PROJECTS
11/22/16 NEW COST CENTER ADDED
Total:
REVIEWED BY:
Kevin Wilson
Completed
Cynthia Hall
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
$1.00
$1.00
$2.00
10/29/2016 1:49 PM
10/31/2016 5:40 PM
11/02/2016 1:33 PM
11/22/2016 9:00 AM
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 17, 2015 Department: Wastewater
Bulk Item: Yes x No Staff Contact Person /Phone #: Wilson 292 -4529
AGENDA ITEM WORDING: Approval of revised BOCC policy statement for provision of sewer
connections in County funded wastewater systems at County expense.
ITEM BACKGROUND: At its June 10, 2015 meeting the Monroe County Board of County
Commissioners (BOCC) instructed the County staff that all properties developed after the bid package,
or in development as of 30 June 2015, should be charged only their $4,500 /EDU System Development
Fee (SDF) and have a connection included in the project at no additional cost to the property owner(s).
It further directed that any properties developed after that date (30 June 2015) should not be offered an
opportunity to prepay their SDF in order to secure a connection at County expense. At the 15 July
2015 its meeting, the BOCC directed staff to revise the policy with regard to properties developed after
30 June 2015 and to ensure the policy was consistent across the systems funded by the County.
PREVIOUS RELEVANT BOCC ACTION: Longstanding BOCC policy was to limit the SDFs and
connections to developed properties only, in order to limit owners of undeveloped properties from
using the SDF payment as an argument in furtherance of a takings claim should they be denied a
ROGO allocation.
CONTRACT /AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: Thru 30 June 2015 - $2.51 million, from 1 July 2015 — buildout add est $5.6 million
INDIRECT COST: staff time BUDGETED: Yes No X
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: See Above total 8 million SOURCE OF FUNDS: Infrastructure sales tax
& Mayfield Grants
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County AttyC
DOCUMENTATION: Included
DISPOSITION:
OMB/Purchasing Risk Management
Not Required
AGENDA ITEM #
Revised 7/09
County of Monroe
nne Florida Keys . .
Memorandum
BOARD OF COUNTY COMMISSIONERS
Mayor Danny L. Kolhage, District 1
Mayor Pro Tern Heather Carruthers, District 3
George Neugent, District 2
David Rice, District 4
Sylvia J. Murphy, District 5
DATE: 3 November 2015
SUBJECT: Policy for Undeveloped Properties in the County funded Wastewater Systems
Recommended Action: Approval of the attached policy for application to the Cudjoe
Regional Wastewater System and the Big Coppitt, East /West Long Key, and Duck Key
systems..
Basis for Recommendation:
1. The attached policy implements direction provided by the BOCC at its 10 June 2015 and
15 July 2015 meetings.
2. It incorporates providing a connection point for any properties developed after the original
design was completed.
It creates a consistent policy across County funded wastewater systems.
Implications:
1. The additional cost to the project for connection points added between completion of
design and June 2015 is $2.5 million.
2. The policy will be applied to the Big Coppitt and Duck Key systems.
3. The projected additional cost to the project for all future development through buildout is
$5.6 million (assumptions below).
Background:
FKAA's design and construction contract did not include connections (either gravity or low
pressure) for any properties that were undeveloped when the design basis was completed. For the
inner islands (Upper Sugarloaf, Cudjoe, and Summerland Keys), the design package was
completed in 2009 and issued for bids in 2012. For the outer islands (Lower Sugarloaf, Ramrod,
Little Torch, and Big Pine Keys), the design criteria package and scope were issued in 2012 for the
design -build project.
Any properties developed after those dates were not included in the project bid package. At its
June 10, 2015 meeting the Monroe County Board of County Commissioners (BOCC) instructed
the County staff that all properties developed after the bid package, or in development as of 30
June 2015, should be charged only their $4,500 /EDU System Development Fee (SDF) and have a
connection included in the project at no additional cost to the property owner(s).
a
At its July 15, 2015 meeting, the BOCC discussed the proposal to charge all properties entering
development (permits issued) from 1 July 2015 and forward should be charged the cost of
providing the connection from the street to the property. In the case of gravity connections this
would include a tap into the main in the street and a connection point at the property line. In the
case of a property located in a low pressure service (LPS) area this would include a tap into the
force main in the street, and a grinder station on the property with an easement. In both cases, the
property owner would be responsible to connect the house (or building) to the connection point
(including electrical connections in the case of a LPS system).
The Board directed staff to return with a proposed revised policy reflecting the sense of the BOCC
that every property should have a connection point provided at County expense since connection to
the sewer utility is mandatory. The BOCC had earlier considered a proposal to allow undeveloped
properties to "opt in" and found that option to be unacceptable.
costs to Tate*
Staff has reviewed the number of properties for which connections must be provided between the
original design and 30 June 2015 for the Cudjoe Regional system. That is 210 gravity area
properties (75 and 135, respectively in the inner and outer island service areas) and 70 in the low
pressure service areas (15 and 55 respectively in the inner and outer island service areas). The
total additional cost to provide these connections is $2.51 million.
Future Potential Costs:
Staff analyzed the potential for future additional required connection points. Several assumptions
were required to determine the potential future cost. They are:
1. A policy adopted for Cudjoe should also applied to other County funded wastewater
systems (Big Coppitt, Duck Key, and East & West Long Key).
2. All eight remaining years of ROGO allocations in the Lower Keys and Big Pine/NNK
planning areas will be used.
3. Affordable units will be split between the planning areas in the same proportion as the
market rate units.
4. The remaining ROGO allocations will be distributed among the various County sewer ?
systems in approximately the same proportion as their current EDUs [23% to non - County
systems (Stock Island and Baypoint) and 77% to County systems (Cudjoe, Big Coppitt, s
Duck Key, and Long Key].
5. The average cost for a connection will be approximately the same as for those properties
added before 30 June 2015 - $9,000 /EDU (provided by FKAA).
6. Properties in non - County systems are the responsibility of the utility operating them.
The total cost for those properties added after design but before 1 July 2015 is $2.1 million. There
are a total of 270 connections in this category. The remaining ROGO allocations for the next eight
(8) years are:
ROGO Allocation
for Next 8 Years
Planning Area
Market Rate
Affordable
Total
Upper Keys
488
275
763
Lower Keys
456
257
713
Big Pine & No Name Key
64
36
100
Total
1576
The total for the combined Lower Keys and BPK/NNK planning areas is 813 new permits. The
weighted average cost for a new connection is $9,000 /EDU in today's dollars based on the
connections prior to 30 June 2015 (FKAA data). Since 77% of the new permits will be issued in
the County sewer service areas, the expected future cost is
813 new connections X 77% in County service areas X $9,000/ EDU
= $5.6 million
a
Proposed Policy Statement for
Inclusion of Connections at County Expense
for Newly Developed Properties in the
Centralized Wastewater Systems Funded by the
County
Proposed Policy:
When any property located within the Cudjoe Regional Centralized Wastewater System
service area, Big Coppitt wastewater service area, Duck Key /Conch Key service area,
or the East/West Long Key service areas is issued a building permit, the FKAA will
provide a connection from that property to the central wastewater collection system and
will bill the County for the provision of that connection point. That connection point will
be either a gravity connection point at the property line or a grinder station on the
subject property. If the property owner opts to provide his own grinder station to avoid
providing an easement, the FKAA will provide a force main tap and stub out to the
property line and the property owner will be responsible for the remainder of the
connection. In all cases, the property will be charged a system development fee (SDF)
at permit issuance. All such property owners are provided the option to pay the SDF in
full at permit issuance or have the SDF paid through special assessment as long as a
special assessment tax roll remains in effect for the particular area in which the property
is located.
INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND FLORIDA
KEYS AQUEDUCT AUTHORITY REGARDING PAYMENT FOR PROVIDING
CONNECTION POINTS FOR RESIDENTIAL PROPERTIES IN ANY COUNTY -
FUNDED CENTRAL WASTEWATER SYSTEM WHOSE CONNECTIONS
WERE NOT INCLUDED IN THE SYSTEM'S DESIGN OR CONSTRUCTION
THIS INTERLOCAL AGREEMENT (Agreement) is entered into this day of November
2016, pursuant to Sec. 163.01, F.S., by and between Monroe County, a political subdivision of the State
of Florida (County), and the Florida Keys Aqueduct Authority, an independent special district (FKAA).
WHEREAS, the County is authorized by Section 125.01(1)(k), Fla. Stat., to provide for
wastewater treatment and provide for the funding for the wastewater treatment; and
WHEREAS, Ch. 99 -395, Laws of Florida, and the County's Comprehensive Plan require that
certain wastewater treatment levels be achieved, which can best be achieved by inclusion of properties
in centralized wastewater treatment systems; and
WHEREAS, the FKAA is authorized by Ch. 76 -441, Laws of Florida, as amended, and Ch. 98-
519, Laws of Florida, to design, construct and operate wastewater treatment systems; and
WHEREAS, the County by Interlocal Agreement dated September 6, 2006 and by Master Lease
dated September 6, 2005 has committed to providing the funding for the administration, planning and
construction of wastewater projects in unincorporated Monroe County; and
WHEREAS, at its June 20, 2015 meeting, the Monroe County Board of County Commissioners
(BOCC) instructed County staff that 210 gravity area properties and 70 properties in low pressure
service areas in the Cudjoe Regional Wastewater System (CRWS) developed after the bid package and
in development as of June 30, 2015 should have a connection included in the project at no additional
cost to the property owner(s), at a cost to the County of $2.51 million; and
WHEREAS, at its July 15, 2015 meeting, the BOCC directed staff to bring forth a policy with
regard to the cost of connection that would be paid for by the County as to properties in any County -
funded central wastewater systems that were not included in the system's design at the time the
construction of the system was bid and which were developed on or after July 1, 2015; and
WHEREAS, on November 17, 2015, the Board of County Commissioners (BOCC) approved a
policy for sewer connections to residential properties in the County- funded Cudjoe Regional, Big
Coppitt, Duck Key /Conch Key or East /West Long Key wastewater systems whose connections were not
included in the systems' designs and which were developed on or after July 1, 2015 (the Project); and
WHEREAS, the policy approved by the BOCC states that when any property located within the
Cudjoe Regional, Big Coppitt, Duck Key /Conch Key, or East /West Long Key service area is issued a
building permit, the FKAA will provide a connection from the property to the central wastewater
collection system, at the cost of $5.6 million over the remaining 813 market rate and affordable housing
rate of growth ordinance (ROGO) allocations over the next eight years; and
WHEREAS, the County and the FKAA wish to memorialize the agreement and to put in place
procedures for the allocation of funding for the sewer connections for these properties.
NOW THEREFORE, IN CONSIDERATION of the mutual consideration and premises
set forth below, the parties agree as follows:
1. PROJECT This Agreement is intended to cover the cost of connection for up to 813 new
residential properties located in any County- funded wastewater treatment system.
ILA Additional Properties
2. COST OF PROJECT AND FUNDING The parties agree that the amount that the County
shall pay for each future residential connection shall be $9,000 per equivalent dwelling unit (EDU).
The County has 813 ROGO allocations remaining for the Lower Keys and Big Pine & No Name Keys
planning areas, which are the planning areas corresponding to County- funded wastewater service areas
plus the non - county systems of Stock Island, Key Haven, and Baypoint. The parties estimate that the
ROGO allocations will be distributed in the same as their current EDUs (23% to non - County funded
systems (Stock Island, Key Haven, and Baypoint), 77% to County- funded systems (Cudjoe, Big
Coppitt, Duck Key /Conch Key, Long Key). Therefore, funding for the Project is approved up to five
million six hundred thousand dollars ($5.6 million) (813 residential connections x 77% County service
areas x $9,000 /EDU).
During the course of the Project, the FKAA may request reimbursement for payments made by FKAA
for the Project upon submission of documentation of previous expenditures. The request for
reimbursement and backup documentation shall be submitted to the County Administrator or his
designee responsible for wastewater projects, describing the services that were performed and stating
for which property and in which wastewater service area they were performed. The County, shall
review the request for reimbursement and supporting documentation. When the County approves the
request for reimbursement and supporting documentation, the County shall forward the request for
reimbursement and documentation to the Clerk. If the County or the Clerk determines that the
submission is unacceptable, the County shall return the submission to the FKAA in writing with a
written description of the deficiency(ies).
Once the submission is accepted, the request for reimbursement shall be paid in accordance with the
Florida Local Government Prompt Payment Act.
The parties agree that the cost for future residential connections of $9,000 per EDU excludes the
incremental cost, if any, of bringing the wastewater connection to a point within the public right -of-
way, abutting the property, as required by Section 20 -105 of the Monroe County Code.
3. 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.
4. RECORDS - ACCESS AND AUDITS FKAA shall maintain adequate and complete records
for a period of five years after termination of this Agreement. The State of Florida, the County, the
Clerk, 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.
In accordance with Section 119.0701, FKAA covenants that it will:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the public
ILA Additional Properties 2
agency in order to perform the service
(b) Provide the public with access to public records on the same terms and conditions that the public
agency would provide the records and at a cost that does not exceed the cost provided in this chapter or
as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all
public records in possession of the contractor upon termination of the contract and destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to the public agency in a format that is compatible
with the information technology systems of the public agency.
5. 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.
6. 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.
7. 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 own 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.
8. 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,
ILA Additional Properties 3
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.
9. 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.
10. 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.
11. SEVERABIL,ITY 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
ILA Additional Properties 4
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.
12. 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 parry 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.
13. 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.
14. 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 Jaw.
15. 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 parry prior to submission.
16. 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 parry shall have the right to seek such relief or remedy as may be provided by this Agreement
or by Florida law.
17. 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 parry to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
18. 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.
19. 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
ILA Additional Properties 5
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.
20. 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 this 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.
21. 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.
22. 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.
23. 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.
24. LEGAL OBLIGATIONS AND RESPONSIBILITIES 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.
25. NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon
the telms, 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,
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inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
26. 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.
27. 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.
28. 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.
29. 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.
30. TERM AND TERMINATION This Agreement will continue in force and effect until the
completion of the 813 future connections. 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.
31. 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.
32. INCONSISTENCY If any item, condition or obligation of this Agreement is in conflict with
other iltems in this Agreement, the inconsistencies shall be construed so as to give meaning to those
terms which limit the County's responsibility and liability.
33. GOVERNING LAWS /VENUE, ATTORNEY'S FEES AND COSTS This Agreement is
governed by the laws of the State of F 1 orida and the United States. Venue for any dispute arising
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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.
34. 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.
35. CONSTRUCTION This Agreement has been carefully reviewed by FKAA and the
County. Therefore, this Agreement is not to be construed against any party on the basis of
authorship.
36. NOTICES Notices in this Agreement must be sent by certified mail to the following,
unless otherwise specified in this Agreement:
For the County:
Monroe County
County Administrator
1100 Simonton St.
Key West, FL 33040
With a copy to:
Monroe County Attorney
1111 12" St., Suite 408
Key West, FL 33040
For FKAA:
FKAA
Executive Director
1100 Kennedy Drive
Key West, FL 33040
37. FULL UNDERSTANDING This Agreement is the parties' final mutual understanding
concerning the subject matter covered in this Agreement. It replaces any earlier agreements or
understandings, whether written or oral. This Agreement cannot be amended or replaced except
by another written agreement executed by both parties.
38. ANNUAL APPROPRIATION Funding by the County is subject to an annual
appropriation by the Board of County Commissioners.
39. EFFECTIVE DATE. This Agreement is effective retroactive to November 17, 2015.
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