Item L3
INTERLOCAL AGREEMENT
FKAA
THIS INTERLOCAL AGREEMENT is entered into pursuant to Sec. 163.01,
FS., by and between Monroe County, a political subdivision ofthe State of Florida,
(County), and the Florida Keys Aqueduct Authority, Inc., an independent special district,
(FKAA).
WHEREAS, the County is authorized by Sec. 125.01(1), FS, to provide, assist m
providing and fund centralized wastewater treatment systems;
WHEREAS, Chap, 99-395, Sec. 6, Laws of Florida, and the County's
Comprehensive Plan require that certain wastewater treatment levels be achieved by
2010, levels which can best be achieved by central wastewater treatment systems;
WHEREAS, the FKAA is authorized by Chap. 76-441, Laws of Florida, as amended, to
design, construct, and operate, wastewater treatment systems;
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, by adopted resolutions, have provided funding to the FKAA
for wastewater projects and may provide additional funds to the FKAA for the administration,
planning and construction of future wastewater proj ects in unincorporated Monroe County; and
WHEREAS, the County and the FKAA desire to put in place procedures to define the
respective roles of the County and the FKAA in the planning, construction and operation of future
wastewater projects in unincorporated Monroe County; and
WHEREAS, by forming this partnership, the County and the FKAA can effectively and
efficiently pool their resources and expertise in wastewater systems, thereby better serving the
citizens of Monroe County:
IN CONSIDERATION of the mutual consideration and premises set forth below, the
parties agree as follows:
1. There is hereby created a County-FKAA Wastewater Committee (CFWC) which
shall be comprised of the following members:
County Administrator FKAA Executive Director
County Wastewater Engineer FKAA Wastewater Engineer
County Attorney or designee FKAA General Counsel or designee
County Financial designee FKAA Financial designee
County Wastewater Liaison * FKAA Board Member*
* non-voting advisory member
2. The duties ofthe CFWC shall be to :
a. Develop an implementation schedule, consistent with State and Federal law, and in
conformity with the Monroe County Sanity Wastewater Plan, for the construction of
wastewater systems in unincorporated Monroe County.
b. Develop a financial plan to fund, in a fair and equitable manner, wastewater systems for
unincorporated Monroe County.
c. Develop requests for proposals (RFP) for the procurement of wastewater systems in
unincorporated Monroe County, consistent with the procurement policies of the County
and the FKAA.
d. Review, rank and recommend to the Monroe County Board of Commissioners and the
FKAA Board of Directors the overall highest ranked firm pursuant to the RFP.
e. Conduct negotiation, if appropriate under the terms of the RFP, with the firm selected by
the County and the FKAA to reach a fair and affordable cost for a wastewater system.
f. Provide ongoing coordination between the County and FKAA in the construction,
operation, and maintenance of wastewater projects.
g. Provide such other assistance as requested by the County and the FKAA.
3. The CFWC committee shall meet at least monthly. The FKAA shall provide the staff to
organize the meetings, including insuring compliance with Florida's Open Government Law.
4. The County and the FKAA agree that no RFPs will be published for wastewater projects in
unincorporated Monroe County without the review of the Monroe County Commission and
the FKAA Board of Directors.
5. The County and the FKAA agree that no contracts pursuant to the procurement of any new
wastewater system in unincorporated Monroe County will be signed without the review of the
Monroe County Commission and the FKAA Board of Directors.
6. The County and the FKAA agree to establish fair and equitable user fees to fund the
operation and maintenance of wastewater systems.
7. The County and the FKAA agree and understand that the County is authorized by Sec. 125.01
(1), Florida Statute, to provide, assist in providing, and fund centralized wastewater treatment
systems. The County and the FKAA agree to work together to seek and obtain Federal and
State grants to assist in the funding of wastewater projects.
8. The County and the FKAA agree that the County will enact an Ordinance and the FKAA will
adopt a Rule which implements this Agreement.
9. The parties agree that this written document represents their final mutual agreement and
replaces any prior agreement, understandings, or communications on the subject matter of the
agreement, whether written or oral.
10. This agreement will take effect on the date a copy executed by both parties is filed with the
Clerk of the Courts of Monroe County, Florida.
11. This agreement may be severed by formal action by one or both parties with 30 days
notification to the other party of such planned action. Formal action shall be defined as a
majority vote by one or both of the respective boards to sever the agreement. The
responsibility for any joint projects that should exist at the time of severance shall be
negotiated among the parties and found to be mutually acceptable to both the BOCC and
FKAA.
IN WITNESS WHEROF, the parties hereto have set their hands and seals the day and year first
above written.
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
(SEAL)
By:
Mayor / Chairperson
Danny L. Kolhage, Clerk
By:
Deputy Clerk
THE FLORIDA KEYS AQUEDUCT
AUTHORITY
(SEAL)
By:
Chairman
ATTEST:
Clerk
INTERLOCAL AGREEMENT
FKAA
THIS INTERLOCAL AGREEMENT is entered into pursuant to Sec. 163.01,
FS., by and between Momoe County, a political subdivision of the State of Florida,
(County), and the Florida Keys Aqueduct Authority, Inc., an independent special district,
(FKAA).
WHEREAS, the County is authorized by Sec. 125.01(1), FS, to provide, assist in
providing and fund centralized wastewater treatment systems;
WHEREAS, Chap, 99-395, Sec. 6, Laws of Florida, and the County's
Comprehensive Plan require that certain wastewater treatment levels be achieved by
2010, levels which can best be achieved by central wastewater treatment systems;
WHEREAS, the FKAA is authorized by Chap. 76-441, Laws of Florida, as amended, to
design, construct, and operate, wastewater treatment systems;
WHEREAS, the FKAA and the County have entered into previous interlocal
agreements establishing and confmning their ongoing partnership in providing wastewater
facilities in the Florida Keys; and
WHEREAS, the County, by adopted resolutions, have provided funding to the FKAA
for wastewater projects and may provide additional funds to the FKAA for the administration,
planning and construction offuture wastewater projects in unincorporated Momoe County; and
WHEREAS, the County and the FKAA desire to put in place procedures to define the
respective roles of the County and the FKAA in the planning, construction and operation of future
wastewater projects in unincorporated Momoe County; and
WHEREAS, by forming this partnership, the County and the FKAA can effectively and
efficiently pool their resources and expertise in wastewater systems, thereby better serving the
citizens of Momoe County:
IN CONSIDERATION of the mutual consideration and premises set forth below, the
parties agree as follows:
1.
There is hereby created a County-FKAA Wastewater Committee (CFWC) which
shall be comprised of the following members:
County Administrator
County Wastewater Engineer
CSHftty "^.USfR8)' or Q8sigmle
County Financial designee
County Wastewater Liaison*
* non-voting advisory member
FKAA Executive Director
FKAA Wastewater Engineer
FK.^.A ~R8flll Co"nc;:p! nr i1eliii8RH
FKAA Financial designee
FKAA Board Member*
~
2.
The duties of the CFWC shall be to :
a. Develop an implementation schedule, consistent with State and Federal law, and in
conformity with the Monroe County Sanity Wastewater Plan, for the construction of
wastewater systems in unincorporated Monroe County.
b. Develop a financial plan to fund, in a fair and equitable manner, wastewater systems for
unincorporated Monroe County.
c. Develop requests for proposals (RFP) for the procurement of wastewater systems in
unincorporated Monroe County, consistent with the procurement policie~ of the County.
aRQ tae fK.^_ \. ,. he. c.0,",-1'1"")" w/p'. P""t,. +h&. ~ f ~, 'S P Co $, &. r Q. '" \< (..ot' -t t"Qc:-tu' S .
d. Review, rank and recommend to the Monroe County Board of Commissioners and the FlI:..AA- ...,/
FKAA Board of Directors the overall highest ranked firm pursuant to the RFP. 0 v '-rs Co eo
e. Conduct negotiation, if appropriate under the terms of the RFP, with the firm selected by c...,,'" t (\A.d.i....
the County and the FKAA to reach a fair and affordable cost for a wastewater system.
f. Provide ongoing coordination between the County and FKAA in the construction,
operation, and maintenance of wastewater projects.
g. Provide such other assistance as requested by the County and the FKAA.
. at-'^'
ops.
3.
cou.~-t):'
The CFWC committee shall meet at least monthly. The ~ shall provide the staff to
organize the meetings, including insuring compliance with Florida's Open Government Law.
4.
The County and the FKAA agree that no RFPs will be published for wastewater projects in
unincorporated Monroe County without the review of the Monroe County Commission and
the FKAA Board of Directors.
5.
The County and the FKAA agree that no contracts pursuant to the procurement of any new
wastewater system in unincorporated Monroe County will be signed without the fe':ililW of the
Monroe County Commission and the FKAA Board of Directors.
u~
6.
The County and the FKAA agree to establish fair and equitable user fees to fund the
operation and maintenance of wastewater systems.
7.
The County and the FKAA agree and understand that the County is authorized by Sec. 125.01
(1), Florida Statute, to provide, assist in providing, and fund centralized wastewater treatment
systems. The County and the FKAA agree to work together to seek and obtain Federal and
State grants to assist in the funding of wastewater projects.
8.
The County and the FKAA agree that the County will enact an Ordinance and the FKAA will
adopt a Rule which implements this Agreement.
9.
The parties agree that this written document represents their final mutual agreement and
replaces any prior agreement, understandings, or communications on the subject matter of the
agreement, whether written or oral.
10.
This agreement will take effect on the date a copy executed by both parties is filed with the
Clerk of the Courts of Monroe County, Florida.
11. This agreement may be severed by formal action by one or both parties with 30 days
notification to the other party of such planned action. Formal action shall be defmed as a
majority vote by one or both of the respective boards to sever the agreement. The
responsibility for any joint projects that should exist at the time of severance shall be
negotiated among the parties and found to be mutually acceptable to both the BOCC and
FKAA.
IN WITNESS WHEROF, the parties hereto have set their hands and seals the day and year first
above written.
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
(SEAL)
By:
Mayor / Chairperson
Danny L. Kolhage, Clerk
By:
Deputy Clerk
THE FLORIDA KEYS AQUEDUCT
AUTHORITY
(SEAL)
By:
Chairman
ATTEST:
Clerk