FY2018 to FY2022 10/18/2017��couRr�
Kevin Madok, cPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: October 27, 2017
TO: Debbie Lofberg
Emergency Services
FROM: Pamela G. Hancock, D.C.
SUBJECT: October 18th BOCC Meeting
Attached is an electronic copy of Item B 12, a 5 year Interlocal Agreement with FKAA for
installation and maintenance of fire hydrants in unincorporated Monroe County effective October
1, 2017 through September 30, 2022, for your handling.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney vla e-mail
Finance vla email
File
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305 - 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305 - 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305 -852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305- 852 -7145
AGREEMENT BETWEEN MONROE COUNTY
AND
THE FLORIDA KEYS AQUEDUCT AUTHORITY
FOR INSTALLATION AND MAINTENANCE OF FIRE HYDRANTS
IN UNINCORPORATED MONROE COUNTY
THIS AGREEMENT, made and entered into this day of , 20 1 r , by
and between the Florida Keys Aqueduct Authority, an independent special district of the State of
Florida, hereinafter called and referred to as the "FKAA" and Monroe County, a county of the State of
Florida, hereinafter called and referred to as the "COUNTY ".
WITNESSETH:
WHEREAS, the COUNTY and the FKAA are authorized to enter into this Agreement pursuant
to Section 163.01. Florida Statutes, as amended, which permits local government units to make the most
efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage; and
WHEREAS, Policy 701.81 of the Monroe County Comprehensive Plan establishes the objective
of improving firefighting capabilities in Monroe County; and
WHEREAS, the COUNTY and the FKAA recognize that fire flow improvements will better
ensure the protection of the public health, welfare and safety; and
WHEREAS, the COUNTY and the FKAA recognize that the majority of the water distribution
system in Monroe County is not designed to provide fire flow and that the FKAA does not guarantee fire
flow and the purpose of the fire hydrants will be to provide various locations to fill firefighting
apparatus; and
WHEREAS, the FKAA recognizes that fire hydrants are useful for flushing distribution mains
when necessary; and
WHEREAS, this Agreement shall only pertain to fire hydrants in unincorporated Monroe
County.
NOW THEREFORE, for and in consideration of the mutual covenants contained herein, the
Parties to this Agreement agree as follows:
1. The recitals set forth above are hereby adopted and incorporated into this Agreement.
2. This Agreement shall be for a term of five (5) years. The term of this contract shall
automatically renew on the sixtieth (60 month for additional five (5) year terms under the same
terms and conditions unless either party objects in writing within sixty (60) days prior to the end
of the term.
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3. Selection of hydrant locations for projects on the FKAA Water Distribution System Upgrade
Plan shall proceed as follows:
A. The COUNTY FIRE RESCUE will review design plans for projects on the FKAA Water
Distribution System Upgrade Plan and recommend hydrant locations in writing to the
FKAA. The FKAA will provide COUNTY with design plans by May of each year to
allow for review and possible budget impact.
B. The FKAA will evaluate the technical and economic feasibility of recommended hydrant
locations for the projects on the FKAA Water Distribution System Upgrade Plan.
Technical feasibility will be based on Insurance Services Office (ISO) standards and the
ability of the distribution system to supply a minimum flow of 250 gallons per minute
(GPM) and minimum line pressure of 20 pounds per square inch (psi). Direct connection
of hydrants to the transmission main is prohibited and will not be considered. Economic
feasibility will be based on the cost of hydrant installation being within 3% of the cost of
the planned upgrade. The FKAA will notify the COUNTY FIRE RESCUE in writing of
the technical and economic feasibility of the recommended hydrant locations.
C. The COUNTY FIRE RESCUE will respond to the FKAA by specifying the quantity and
locations of hydrants to be installed. Only hydrants that are determined by the FKAA to
be technically feasible will be installed. The COUNTY may provide the funds for any
hydrants to be installed that are determined by the FKAA to be technically feasible but
not economically feasible, and which are not paid by developers of property as conditions
of their building permits. The COUNTY ADMINISTRATOR OR DESIGNEE will state
in writing if the funds are available for such hydrants and, if so, will reimburse the FKAA
the actual costs for the hydrant installations within 30 days after the installation of the last
hydrant on the project.
4. Selection of hydrant locations in areas not on the FKAA Water Distribution System Upgrade
Plan shall proceed as follows:
A. The COUNTY Fire Rescue, through COUNTY ADMINISTRATION, will recommend
hydrant locations in areas not on the FKAA Water Distribution Upgrade Plan in writing
to the FKAA.
B. The FKAA will evaluate the technical feasibility of recommended hydrant locations for
areas not on the FKAA Water Distribution System Upgrade Plan. Technical feasibility
will be based on the ability of the distribution system to supply a minimum flow of 250
GPM and a minimum line pressure of 20 psi. Direct connection of hydrants to the
transmission main is prohibited and will not be considered. The FKAA will notify the
COUNTY FIRE RESCUE in writing of the technical feasibility of the recommended
hydrants.
C. COUNTY ADMINISTRATOR OR DESIGNEE will respond to the FKAA by specifying
the hydrants to be installed. Only hydrants that are determined by the FKAA to be
technically feasible will be installed. The COUNTY will hire a FKAA qualified, properly
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licensed, contractor to install the hydrants as per the current Florida Keys Aqueduct
Authority Minimum Construction Standards and Specifications. The COUNTY shall pay
for installation of hydrants which it contracts to have installed unless the hydrant
installation is a condition of a third party obtaining a development permit of any kind, in
which case the actual installation and cost shall be by the third party. Hydrants located on
Florida Department of Transportation right -of -way will require both a FDOT and FKAA
permit. The FKAA will have to apply for the FDOT permit. Hydrants located on
COUNTY right -of -way will require a FKAA permit. The FKAA permit fee is $360.00.
COUNTY reserves the right to require hydrant maintenance agreements with a third party
when installation is a condition of permit approval to provide for future maintenance
costs associated with installation.
5. For hydrant locations that are determined to be not technically feasible, the COUNTY will
evaluate the importance and priority of the hydrant locations. For hydrant locations that
COUNTY determines to be a priority, the COUNTY will allocate future budget amounts to
improve the distribution system for future hydrant installation.
6. The COUNTY agrees to:
A. Reimburse the FKAA the costs for hydrant installation on projects on the FKAA Water
Distribution System Upgrade Plan in excess of 3% of the cost of the planned upgrade as
described in Paragraph 3 as previously agreed to by COUNTY.
B. Pay the FKAA $50 per year per hydrant for service including inspection, maintenance
and the furnishing of water to fill firefighting apparatus.
C. Use water from hydrants only to fill firefighting apparatus for actual firefighting purposes
and no other purpose such as firefighting practice.
D. Use hydrants in a manner protective of the FKAA distribution system and appurtenances.
Reimburse the FKAA the costs to repair any damages caused by the improper use of the
hydrants.
E. Establish and adopt Standard Operating Procedures for the use of fire hydrants in
accordance with this Agreement and nationally recognized standards.
7. The FKAA agrees to:
A. Provide funding for hydrant installation for projects on the FKAA Water Distribution
System Upgrade Plan not to exceed 3% of the cost of the planned upgrade.
B. Incorporate hydrants into the design, bidding and construction of projects on the FKAA
Water Distribution System Upgrade Plan where determined to be technically and
economically feasible or when determined to be technically feasible and funded by the
COUNTY.
Page 3 of 6
C. Oversee the installation of hydrants in areas not on the FKAA Distribution System
Upgrade Plan when determined to be technically feasible and funded by the COUNTY.
8.
a
10
D. Paint fire hydrants to indicate the available flow in accordance with NFPA 291,
"Recommended Practice for Fire Flow Testing and Marking of Hydrants ". All fire
hydrants located in COUNTY are currently classified as Class C hydrants and the tops
and nozzle caps should be painted red.
E. Inspect and maintain all fire hydrants on an annual basis.
F. Furnish water required for filling firefighting apparatus.
G. Bill the COUNTY annually for the service charge in the amount of $50.00 per hydrant.
The COUNTY's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Board of County Commissioners.
This Agreement shall be executed in duplicate and the COUNTY shall retain one (1) copy and
the FKAA shall retain one (1) copy. All copies shall be considered originals.
Any and all notices required or permitted to be given hereunder shall be deemed received five (5)
days after same are deposited in the U. S. Mail sent via certified mail, return receipt requested.
All notices to the COUNTY shall be sent to:
Monroe County Fire Rescue
490 63rd Street, Ocean, Suite 122
Marathon, Florida 33050
Attention: James Callahan, Fire Chief
All notices to the FKAA shall be sent to:
County Attorney
P.O. Box 1026
Key West, FL 33141 -1026
Attention: Pedro Mercado, Assistant County
Attorney
Florida Keys Aqueduct Authority Florida Keys Aqueduct Authority
1100 Kennedy Drive, P. 0. Box 1239 1100 Kennedy Drive, P. 0. Box 1239
Key West, FL 33040 Key West, FL 33040
Attention: Kirk C. Zuelch, Executive Director Attention: Robert T. Feldman, General Counsel
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11. INVALIDITY: If any section, subsection, sentence, clause or provision of this Agreement is
held invalid, the remainder of this Agreement shall not be affected by such invalidity.
12. AMENDMENT: This Agreement may be amended only upon mutual consent of the parties. All
amendments must be in writing and must be approved by the FKAA and COUNTY.
13. GOVERNING LAW AND VENUE: This Agreement shall be construed in accordance with the
laws of the State of Florida. Any dispute arising hereunder is subject to the laws of the State of
Florida, with venue in Monroe County, Florida. The prevailing party shall be entitled to
reasonable attorney's fees and costs incurred as a result of any action or proceeding under this
Agreement.
14. ASSIGNMENT: Neither party may assign or transfer any interest in this Agreement without the
prior written consent of both parties, except where assignment is dictated by law. Should
assignment occur, and where not prohibited by law, this Agreement shall inure to the benefit of
and be binding upon the parties and their respective heirs, representatives, successors and
assigns.
15. INDEMNIFICATION: To the extent set forth in F.S. 768.28, the FKAA and COUNTY shall
indemnify and hold harmless each other from and against any and all claims, liabilities, damages,
and expenses, including, without limitation, reasonable attorney's fees, incurred by the other in
defending or compromising actions brought against it arising out of or related to the acts or
omissions of the other, the other's agents, employees or officers in the provision of services or
performance of duties hereunder. This provision shall in no way be construed to dictate that a
party will be indemnified by the other party for its own negligence.
Nothing contained in this Section shall be construed to be a waiver by either party of any
protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar
provision of law. Nothing contained herein shall be construed to be a consent by either party to
be sued by third parties in any matter arising out of this or any other Agreement.
16. ENTIRE AGREEMENT: The parties hereto agree that this the final agreement between the
parties and that it supersedes any and all prior agreements and /or assurances, be it oral or in
writing.
IN WITNESS WHEREOF, the Florida Keys Aqueduct Authority Board of Directors has caused
this Agreement to be signed in its name by its Executive Director and its seal to be affixed hereto, and
the Commissioners of Monroe County, Florida have caused this Agreement to be signed by the County
Mayor on their behalf and the seal of the County Commission to be affixed hereto, the date and year first
above written.
Page 5 of 6
FLORIDA KEYS AQUEDUCT AUTHORITY
KEY WEST, FLORIDA
By: 1� 0 d-�'t a —
Kirk C. Z elch, xecutive Director
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
R ert T. Feldm eral Counsel
(SEAL)
A .
ATTEST:
et Coley, Executive Office Vordinator
FKAA Board Approved: August 30, 2017
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: 5
George Neugent, Mayor
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By: Pd'�
Pedro Merc sis ant County Attorney
,
i t
(SEAL)
AT�ST: KEVIN MADOK,
C TY CLERK
By:
Deputy Clerk
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