Item C19 C.19
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
October 19, 2022
Agenda Item Number: C.19
Agenda Item Summary #11189
BULK ITEM: Yes DEPARTMENT: Emergency Services
TIME APPROXIMATE: STAFF CONTACT: Steven Hudson (305) 289-6342
N/A
AGENDA ITEM WORDING: Approval by BOCC to renew amended Agreement with the Florida
Keys Aqueduct Authority (FKAA) for the installation and maintenance of fire hydrants.
ITEM BACKGROUND: The Florida Keys Aqueduct Authority (FKAA) provides for the
installation and maintenance of water services in Monroe County. These services include the
installation and maintenance of fire hydrants which Monroe County Fire Rescue (MCFR) requires
for firefighting capabilities.
Board approval is requested to renew an amended Agreement with the FKAA to allow MCFR to
collaborate with the FKAA for review of preliminary design of proposed fire hydrants and locations,
and for maintenance of fire hydrants on an annual basis by the FKAA. Amendments include adding
references to the National Fire Protection Association (NFPA) 291 Recommended Practice for Fire
Flow Testing and Marking Hydrants and the Florida Prompt Payment Act.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
9.30.22 Agreement FKAA signed_jdm
FINANCIAL IMPACT:
Effective Date: 10/19/2022
Expiration Date: 10/19/2032
Packet Pg. 943
C.19
Total Dollar Value of Contract: $347,928.74
Total Cost to County: $347,928.74
Current Year Portion: $30,350
Budgeted: Yes
Source of Funds: 148/14000/530310 & 141/11500/530310
CPI: No
Indirect Costs: No
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: No
Additional Details: N/A
REVIEWED BY:
James Molenaar Completed 10/04/2022 3:13 PM
Steven Hudson Completed 10/05/2022 9:50 AM
Purchasing Completed 10/05/2022 9:56 AM
Budget and Finance Completed 10/05/2022 10:01 AM
Brian Bradley Completed 10/05/2022 10:11 AM
Lindsey Ballard Completed 10/05/2022 10:28 AM
Board of County Commissioners Pending 10/19/2022 9:00 AM
Packet Pg. 944
C.19.a
Florida Keys J.
Robert Dean
Chairman
o District 3
Aqueduct Authority Richard J.Toppino
o Vice-Chairman
1100 Kennedy Drive District 2
Key West,Florida 33040 0
Telephone(305)296-2454
www.fkaa.com Antoinette M.Appel
SecretaryiTreasurei U
District 4
Nicholas W.Mulick
A District 5
Cara Higgins
District 1
Kerry G.Shelby
Executive Director
0
September 14, 2022 Hand Delivered
Monroe County Board of County Commission
Attention: James D. Molenaar, County Administrator
1100 Simonton Street
Key West, FL 33040
RE: Renew Agreement for Installation and Maintenance of Fire Hydrants.
Dear Mr. Molenaar:
Please find enclosed for signature two (2) originals of the above referenced Agreement.
Once signatures have been obtained, please return one (1) fully executed original to my
attention at:
n�
Florida Keys Aqueduct Authority
Deanna Esquinaldo, Legal Assistant
1100 Kennedy Drive
Key West, FL 33040
If you have and questions or need the documents picked up, please feel free to contact N
me at 305-295-2208 or via email at desquinaldo@fkaa.com. Ci
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Sincerely,
,r
eanna P. Esq aldo
Legal Assistant to Robert T. Feldman
Enclosure (2)
Packet Pg. 945
C.19.a
AGREEMENT BETWEEN MONROE COUNTY
AND
THE FLORIDA KEYS AQUEDUCT AUTHORITY
FOR INSTALLATION AND MAINTENANCE OF FIRE HYDRANTS
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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 (FL) a County of
the State of Florida,hereinafter called and referred to as the"COUNTY;"by way of its duly elected
Board of County Commissioners(herein after`BOCC"), and Monroe County Fire and Ambulance 0
District 1, by and through its Board of Governors ("District")(hereinafter collectively referred to
as "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.
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NOW THEREFORE, for and inconsideration of the mutual covenants contained herein, Ci
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 Agreement shall
automatically renew on the sixtieth 60`h month for one additional five (5) year term under
PAGE 1 OF 6
Packet Pg. 946
C.19.a
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 during
preliminary design to allow for review and possible budget impact.
0
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 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 FIRE RESCUE in writing of the technical and
economic feasibility of the recommended hydrant locations.
E
c. 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 installation 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 iss
recommend hydrant locations in areas not on the FKAA Water Distribution
Upgrade Plan in writing to the FKAA.
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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
PAGE 2 OF 6
Packet Pg. 947
C.19.a
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
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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 which case the actual
installation and cost shall be by the third party. Upon request by third party for a 0
"Fire Protection Water Flow Test," Section 3b., herein shall be included as part of
summary by FKAA, in accordance with current rates for such service. 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 at the time of this agreement is$360.00 and is subject to change.
S. 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. E
6. The COUNTY agrees to:
a. Reimburse the FKAA the costs for hydrant installation 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 annual service including inspection, '
maintenance and reporting, in accordance with NFPA 291 Recommended Practice
for Fire Flow Testing and Marking Hydrants, and the furnishing of water to fill
firefighting apparatus. This amount is due pursuant to the Florida Prompt Payment
Act upon presentation to the COUNTY of a valid invoice.
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c. Use water from hydrants only to fill firefighting apparatus for actual firefighting
purposes and no other purpose such as firefighting practice. N
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d. Use hydrants in a manner protective of the FKAA distribution system and Ci
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.
PAGE 3 OF 6
Packet Pg. 948
C.19.a
f. Upon request by COUNTY for a Fire Protection Water Flow test by FKAA,
COUNTY agrees to pay the current rate for such service.
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 L-
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.
0
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
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 E
hydrant.
S. 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 the U.S.Mail sent via certified mail,return receipt N
requested.
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All Notices to the COUNTY shall be sent to:
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Monroe County Board of County Commission County Attorney
1100 Simonton Street P.O. Box 1026
Key West, FL 33040 Key West, FL 33141-1026
PAGE 4 OF 6
Packet Pg. 949
C.19.a
Attention: County Administrator Attention: James D. Molenaar,
Assistant County Attorney
All Notices to the FKAA shall be sent to:
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Florida Keys Aqueduct Authority Florida Keys Aqueduct Authority
1100 Kennedy Drive,P.O. Box 1239 1100 Kennedy Drive,P.O. Box 1239
Key West, FL 33040 Key West,FL 33040
Attention: Kerry Shelby, Executive Attention: General Counsel
Director
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.
0
13. GOVERNING LAW AND VENUE: This Agreement shall be construed in accordance 2
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. E
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 dedicated by
law. Should assignment occur,and where not prohibited by law,this Agreement shall inure
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. N
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16.Nothing contained in this Section shall be construed to be a waiver by either party of any Ci
protections under sovereign immunity,Section 768.28 Florida Statutes,or any other similar zi
provision of law. Nothing contained in this Section shall be construed to be a waiver by
either party to be sued by third parties in any matter arising out of this or any other
Agreement.
PAGE 5 OF 6
Packet Pg. 950
C.19.a
17. ENTIRE AGREEMENT: The parties hereto agree that this, the final agreement between
the parties that it supersedes any and all prior agreements and/or assurances, be it oral or
in writing.
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18. 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 BOARD OF COUNTY COMMISSIONERS
KEY WEST,FLORIDA OF MONROE COUNTY, FLORIDA 4-
By: By:
Kerry Shelby,E utive Director David Rice,Mayor
APPROVED AS TO;FOAND LEGAL BOARD OF GOVERNORS OF FIRE AND
SUFFICIENCY: AMBULANCE DISTRICT I OF MONROE
COUNTY,FLORIDA
By:
RcWert T. Fel ma , General Counsel By:
Mayor/Chairperson
(SEAL)
ATTEST: APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
James D. Molenaar Digita l lysigned by James D.Molenaar =.
By: /'yCh�ti t (J V X By: Date:2022.09.30 15:15:54-04'00'
D ��,,,,,JJ �.h./e..'""`s.— James D. Molenaar,Assistant
County Attorney
(SEAL)
FKAA Board Approved:
K, 15, ® ATTEST:
By:
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PAGE 6 OF 6
Packet Pg. 951
C.19.a
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 (FL) a County of
the State of Florida,hereinafter called and referred to as the"COUNTY;"by way of its duly elected 0
Board of County Commissioners(herein after"BOCC"), and Monroe County Fire and Ambulance
District 1, by and through its Board of Governors ("District") (hereinafter collectively referred to
as "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.
Ci
NOW THEREFORE, for and inconsideration 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 Agreement shall
automatically renew on the sixtieth 6& month for one additional five (5)year term under
PAGE 1 OF 6
Packet Pg. 952
C.19.a
the same terms and conditions unless either party objects in writing within sixty(60)days
prior to the end of the term.
c�
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 during
preliminary design 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 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 FIRE RESCUE in writing of the technical and
economic feasibility of the recommended hydrant locations.
c. 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 installation within 30 days after the installation of the last hydrant on the
project.
e
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 N
Upgrade Plan in writing to the FKAA.
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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
PAGE 2 OF 6
Packet Pg. 953
C.19.a
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 which case the actual 0
installation and cost shall be by the third party. Upon request by third party for a
"Fire Protection Water Flow Test," Section 3b., herein shall be included as part of
summary by FKAA, in accordance with current rates for such service. 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 at the time of this agreement is$360.00 and is subject to change.
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 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 annual service including inspection,
maintenance and reporting, in accordance with NFPA 291 Recommended Practice
for Fire Flow Testing and Marking Hydrants, and the furnishing of water to fill
firefighting apparatus.This amount is due pursuant to the Florida Prompt Payment
Act upon presentation to the COUNTY of a valid invoice.
c. Use water from hydrants only to fill firefighting apparatus for actual firefighting
purposes and no other purpose such as firefighting practice. N
Ci
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.
c�
e. Establish and adopt Standard Operating Procedures for the use of fire hydrants in
accordance with this Agreement and nationally recognized standards.
PAGE 3 OF 6
Packet Pg. 954
C.19.a
f. Upon request by COUNTY for a Fire Protection Water Flow test by FKAA,
COUNTY agrees to pay the current rate for such service.
c�
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.
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.
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 the U.S.Mail sent via certified mail,return receipt
requested. Ci
0)
All Notices to the COUNTY shall be sent to:
E
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Monroe County Board of County Commission County Attorney
I100 Simonton Street P.O. Box 1026
Key West,FL 33040 Key West, FL 33141-1026
PAGE 4 OF 6
Packet Pg. 955
C.19.a
Attention: County Administrator Attention: James D. Molenaar,
Assistant County Attorney
All Notices to the FKAA shall be sent to:
Florida Keys Aqueduct Authority Florida Keys Aqueduct Authority
1100 Kennedy Drive,P.O.Box 1239 1100 Kennedy Drive,P.O. Box 1239
Key West,FL 33040 Key West,FL 33040
Attention: Kerry Shelby, Executive Attention: General Counsel
Director
0
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. E
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 dedicated by W
law. Should assignment occur,and where not prohibited by law,this Agreement shall inure E
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. N
16.Nothing contained in this Section shall be construed to be a waiver by either party of any Ci
protections under sovereign immunity,Section 768.28 Florida Statutes,or any other similar zi
provision of law. Nothing contained in this Section shall be construed to be a waiver by
either party to be sued by third parties in any matter arising out of this or any other
Agreement.
PAGE 5 OF 6
Packet Pg. 956
C.19.a
17. ENTIRE AGREEMENT: The parties hereto agree that this, the final agreement between
the parties that it supersedes any and all prior agreements and/or assurances, be it oral or
in writing.
18. 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 2
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 BOARD OF COUNTY COMMISSIONERS
KEY WEST,FLORIDA OF MONROE COUNTY,FLORIDA
By: By:
Kerry Shelby,E utive Director David Rice,Mayor
APPROVED AS TO FO LAND LEGAL BOARD OF GOVERNORS OF FIRE AND
SUFFICIENCY: AMBULANCE DISTRICT I OF MONROE
COUNTY,FLORIDA
By: iss
R ert T. Fel ma ,General Counsel By:
Mayor/Chairperson
(SEAL)
ATTEST;.- APPROVED AS TO FORM AND LEGAL
SUFFICIENCY: E
By: C—' � (� By:
James D. Molenaar,Assistant sr
County Attorney
(SEAL)
FKAA Board Approved:
5e�e� 3, aeaa ATTEST:
By:
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PAGE 6 OF 6
Packet Pg. 957