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FY1997 to FY2001 08/19/1997 04414 Ir . fannp IL. Itotbage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070 TEL(305)289-6027 KEY WEST,FLORIDA 33040 TEL(305)852-7145 FAX(305)289-1745 TEL(305)292-3550 PA)((305)852-7146 FAX(305)295-3660 MENAEAHREM TO: Reggie Faros, Director of Public Safety FROM: Isabel C. DeSantis, Deputy Clerk 9.C,b. DATE: September 24, 1997 As you know, at the August 19, 1997 meeting, the Board granted approval and authorized execution of an Agreement between Monroe County and The Florida Keys Aqueduct Authority for Installation and Maintenance of Fire Hydrants in Unincorporated Monroe County. Attached hereto is a duplicate original of the subject Agreement for return to FKAA. Should you have any questions concerning the above, please do not hesitate to call. cc: County Attorney County Administrator, w/o doc. Finance Director ✓File V 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 A(.14 1) r 1997, by and between the Florida Keys Aqueduct Authority, a political subdivision of the State of Florida, -n hereinafter called and referred to as the "FKAA" and Monroe County, a county ofhe.State-of Florida, hereinafter called and referred to as the"COUNTY." pJ •'1 WITNESSETH: - - ' __ WHEREAS, the COUNTY and the FKAA are authorized to enter into this-Agreem¢irj pursuant to Section 163.01, Florida Statutes, as amended, which permits local governmental 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 701.8.1 of the Monroe County Comprehensive Plan establishes the objective of improving fire fighting capabilities in Monroe County; and WHEREAS,the COUNTY and the FKAA recognize that fire flow improvements will better ensure the protection of the public health, welfare, and safety; and WHEREAS,the COUNTY and the FKAA recognize that additional fire hydrants will reduce the Insurance Services Office (ISO) fire protection class rating, thereby reducing Monroe County property owner insurance premiums; 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 for the COUNTY to fill fire fighting apparatus and to assist in fire fighting efforts; and WHEREAS,the FKAA recognizes that fire hydrants are useful for flushing distribution mains when necessary. WHEREAS, this Agreement shall only pertain to fire hydrants in unincorporated Monroe County. 1 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 effective for five years. After such time, the parties shall review the Agreement and determine if any revisions should be made including changes to the fees set forth below. 3. Selection of hydrant locations for projects on the FKAA Water Distribution System Upgrade Plan shall proceed as follows: A. The COUNTY will review design plans for projects on the FKAA Water Distribution System Upgrade Plan and recommend hydrant locations in writing to the FKAA. B. The FKAA will evaluate the technical and economical feasibility of recommended hydrant locations for 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 a 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 in writing of the technical and economic feasibility of the recommended hydrant locations. C. The COUNTY 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 will provide the funds for any hydrants to be installed that are determined by the FKAA to be technically feasible but not economically feasible. The COUNTY will state in writing that the funds are available for such hydrants and 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 will recommend hydrant locations in areas not on the FKAA Water Distribution System Upgrade Plan in writing to the FKAA. 2 410 J 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. The FKAA will notify the COUNTY in writing of the technical feasibility of the recommended hydrants. C. The COUNTY 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 provide the funds up front for any hydrants to be installed that are not associated with a project on the FKAA Water Distribution System Upgrade Plan. Cost for hydrant installation shall be a lump sum amount of $3,600.00 per hydrant. This cost is based on the average cost for the FKAA to install an 8"x 6"tapping sleeve and valve, 6"diameter fire hydrant, and 15 linear feet(L.F.) of 6" diameter pipe and perform site restoration. For hydrants to be located more than 15 L.F. from an existing water main, an additional cost will be incurred based on $20.00 per L.F. over 15 L.F. 5. For hydrants 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 are determined to be crucial, 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.C. B. Provide total funding to the FKAA for hydrant installation in areas not associated with a project on the FKAA Water Distribution System Upgrade Plan as described in Paragraph 4.C. C. Pay the FKAA$50 per year per hydrant for service including inspection, maintenance, and famishing of water for fire fighting purposes only. D. Use water from hydrants only for actual fire fighting purposes and no other purpose - such as fire fighting practice. E. 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. 3 V J F. 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 feasible and economically feasible or funded by the COUNTY. C. Install or oversee the installation of hydrants in areas not on the FKAA Distribution System Upgrade Plan where determined to be technically feasible and funded by the COUNTY. D. Paint fire hydrants to indicate the available flow in accordance with NEPA 291, "Recommended Practice for Fire Flow Testing and Marking of Hydrants." E. Inspect and maintain all fire hydrants. F. Furnish water required for filling fire fighting apparatus and for fire fighting purposes - -- only. G. Bill the COUNTY annually for the service charge in the amount of$50 per hydrant. 8. The COUNTY'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. 9. 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. 10. Any and all notices required or permitted to be given hereunder shall be deemed received five (5)days after same are deposited in U.S. mail sent via certified mail, return receipt requested. All notices to the COUNTY shall be sent to: Fire Marshall's Office 490 63rd Street Ocean, Suite 160 Marathon Government Annex Marathon, FL 33050 Attention: Mr. William Wagner, III Deputy Fire Marshall 4 V J All notices to the FKAA shall be sent to: Florida Keys Aqueduct Authority 1100 Kennedy Drive, P.O. Box 1239 Key West, FL 33040 Attention: Mr. James Reynolds,P.E. Director of Engineering 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. 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 Administrator on their behalf and the seal of the County Commission to be affixed hereto, the date and year first written above. FLORIDA KEYS AQUEDUCT AUTHORITY THE COUNTY COMMISSION KEY WFj FLORIDA MONROE COUNTY, ORIDA nv /_ - BY. —� J T. Doughtry, E ecuti a Director James Roberts, County Administrator )2-5 9 -1 (7/KAI) DATE DATE ATTEST: / BY: Al • BY: J v 1 G avor -1'2519'1 0 _/ 9• 7 DATE DATE � ^ e\ ,'a APPROVED AS TO FORM AND APPROVED AS TO FO ' ,. t N. _ LEGAL SUFFIC, CY: LEGAL SUFFICIENCY: `A > \ ;I BY: �1J. BY`�//�.i +,. % <_. ,Robert T. eldman James Hend ' FKAA General Counsel County At .rney ATTEST: -. ATTEST: BY: „ein •./(2)Qf..- / BY: 5