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Item C32BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 21, 2012 Division: Emergency Services Bulk Item: Yes X No Department: Fire Rescue Staff Contact Person: Holly Pfiester ext. 6088 AGENDA ITEM WORDING: Approval of 5-year Interlocal Agreement with FKAA for installation and maintenance of fire hydrants in unincorporated Monroe County effective October 1, 2012 through September 30, 2017. ITEM BACKGROUND: On September 19, 2007, the Board approved the County and FKAA's current 5-year Interlocal Agreement regarding installations and maintenance of fire hydrants effective October 1, 2007 and ending September 30, 2012. This approval would continue the relations and provide for FKAA to continue providing fire hydrant installation and maintenance for another 5 years. PREVIOUS RELEVANT BOCC ACTION: On January 23, 2003, the Board approved the County and FKAA's past agreement regarding installations and maintenance of fire hydrants effective (back dated) October 1, 2002 through September 30, 2007. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval. TOTAL COST: Approx. INDIRECT COST: N/A BUDGETED: Yes X No $10,000 ye based upon funding availability and BOCC approval INDIRECT COST: N/A BUDGETED: Yes X No COST TO COUNTY: SOURCE OF FUNDS: District 1 Impact Fees 31501-560630 District 2 Impact Fees 31502-560630 District 3 Impact Fees 31503-560630 Key Colony Impact Fees 31504-560630 Ad Valorem (BOCC pre approval) 11500-560630 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year r . APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: 4,GE1Tq-T1'RU-,.v. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Keys Aqueduct Contract # Authority Effective Date: 10/01 /2012 Expiration Date: 09/30/2017 Contract Purpose/Description: Installation and maintenance of fire hydrants. Contract Manager: Holly Hester 6088 Emergency Services / Stop 14 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 9/21/2011 Agenda Deadline: 09/4/2011 CONTRACT COSTS Total Dollar Value of Contract: $ 10,000 / yr. Current Year Portion: $ 10,000 Budgeted? Yes® No ❑ Grant: $ County Match: $ (approx.) (approx.) Account Codes: District 1 Impact Fees 31501-560630 District 2 Impact Fees 31502-560630 District 3 Impact Fees 31503-560630 Key Colony Impact Fees 31504-560630 Ad Valorem (BOCC pre approval) 11500-560630 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. i CONTRACT REVIEW Changes Date Out Date In Needed e Jiewer Division Director f Yes❑ No[� ' —/ Risk Manage nt Yes❑ No O.M.B./Pu asing 9P----rYes❑ No❑ County Attorney 144- Yes❑ NoZ/ -J Comments: OMB Form Revised 2/27/01 MCP #2 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 , 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". WITNESSET: 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 effective for five (5) years, commencing October 1, 2012 through September 30, 2017. 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: Page 1 of 5 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. 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 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 Page 2 of 5 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. . 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. 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. Page 3 of 5 0 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 (I) 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 e i Key West, FL 33141-1026 Attention: Cynthia Hall, Esq., Assistant County Attorney i 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 a Attention: Robert T. Feldman, General Counsel 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. Page 4 of 5 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. FLORIDA KEYS AQUEDUCT AUTHORITY KEY WEST, FLORIDA In Kirk C. Zuelch, Executive Director APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Robert T. Feldman, General Counsel ATTEST: Janet Coley, Executive Assistant BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Imm Mayor, David Rice APPROVED AS TO FORM By: Cynthia Hall, Esq., Assistant County Attorney (SEAL) ATTEST: DANNY L. KOLHAGE, COUNTY CLERK By: Deputy Clerk Page 5 of 5