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Item O3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 20, 2003 Division: Commissioner McCoy Bulk Item Yes No ~ Deprurtment: Commissioner McCoy AGENDA ITEM WORDING: Approval of a Memorandum of Understanding between Monroe County and the Florida Keys Aqueduct Authority in reference to Key West Resort Utilities performing the engineering/survey for the Rocklanq, Big Coppitt and Geiger Key wa~tp-water proiects and authorization for Mayor to execute same. ITEM BACKGROUND: As Liaison for wastewater issues (point person)., Commissioner McCoy has worked on the establishment of the Memorandum of Understanding between the County and the FKAA. - PREVIOUS RELEVANT BOCC ACTION: Appointment of Commissioner McCoy as point person on wastewater issues. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year DOCUMENTATION: Included X APPROVED BY: County Atty JL OMB/Purchasing_ DIVISION DIRECTOR APPROVAL: To Follow Not Required_ DISPOSITION: AGENDA ITEM # t!J.3 Revised 1/03 MEMORANDUM OF UNDERSTANDING Of the Signatories With a little over six years left to meet the State's sewering time mandate and the need to best utilize decreasing available funds, this "Memorandum of Understanding" is being used to expedite. The Board of County Commissioners on January 15,2003 unanimously expressed their desire to have Key West Resort Utilities perform the engineering/survey for the Rockland, Big Coppitt and Geiger Key wastewater project. On July 30, 2003, Florida Keys Aqueduct Authority issued a letter on the viability of Key West Resort Utilities and supporting the most cost-effective solution and further that the seven concerns contained in their letter be addressed. The intent is to have Key West Resort Utilities proceed with the engineering/survey with periodic reviews by Florida Keys Aqueduct Authority and the County and at it's completion determine if the contract is to be awarded based on the Key West Resort Utilities' estimates or if another method is to be used to award a contract. The response and concerns of the July 30,2003 Florida Keys Aqueduct Authority letter will be included in the "Contract to Build". The terms of the Florida Keys Aqueduct Authority response will apply with the acronym "KW.R.U." or the successful bidder being substituted in Items 2 through 5, which will include the substitution of the word "shall". Attachment A; the attached nine-page material is made a part for back-up assistance. MONROE COUNTY ATTORNEY gP~. ROvfP ...ATl. 0 FOA~: _()~-.I--::. (JJ_J./ oJ. JOHN A. COLLINS COUNTY A TIQRNEY ;;S Date 17 ::--:/ / J ,Le 0 - INDEX Pa2e 1. Comparative Cost Analysis 1 2. Service Area Boundaries 2 3. F.K.A.A. Letter Requesting Guarantees 3-5 4. Response to F.K.A.A. Request 6 5. B.O.C.C. Resolution Granting Approval for 7 Engineering Survey 6. Background Information 8 7. Further Background Information 9 l1'tTA"l~M A BIG COPPITT, ROCKLAND & GEIGER KEYS COST ESTIMATE JUNE 30, 2003 Collection Systems $10,500,000 Wastewater Plant A WT & Force Maint to South Stock Island $ 4,250,000 Surveying, Engineering & Permitting $ 1,000,000 Administration & Legal $ 950.000 $16,700,000 _ SOURCES OF FUNDS Area Customers 1100 x $2,700 $ .2,970,000 South Stock Island .Funds 1500 x $2100 $ 3,150,000 Balance of $6,000 Funds ($6,000,000 - $4,200,000 Cost SSI) $ 1,800,000 KW Resort Utilities Contribution (Plant & Force Main) $ 4.250.000 $12,170,000 Funds to Complete ~ 4.530.000 Above are the numbers committed to by Key West Resort Utilities. In contrast, the study and estimate by the engineering firm L.B.F.H., commissioned by F .K.A.A. for the project, was $22,108,153. Omissions in their estimates include: foundation $500,000; bridge crossing $144,000; engineering $981,000; two additional vacuum stations $1,300,000 for a total of$24,889,153. In addition, there should also be an annu~l savings for operations and maintenance in excess of $250,000 1. . .....~~--_..~~'_._..-,......-..-~..... "'~";'"~.~'''''''-'.'-'' FIGURE 5-9 Sub-Regiona.~ Service Area Boundaries ,. ,!,.~ t~ i...........'... t:r~" Ii" }' , I~ ~:'. '4;.' .. ..,~.'..it.. :"'.... .~ Ir~~ ......' ~y~~- ~i~ ttzk. ,;~t': J~; "~~i ".:~ ~, fc!!>, ~;; .-'" , .fl.., ","',". .:{~i'~ r.7~ ;. - ~~ ~"-';~: i' r ,-. , j L Legend Service Areas I:J Big Coppitt Key t:J Geiger Key CJ RockJand Key Study Area CJ o Parcels N + : 2" 1 T. . . ~.~ i i . J o 3000 Feet I 1 ,; IblI1 .U'~a rKU"'~~A KEVS AQUEOUCT AUTH 10:3052883521 PAGE 2/4 Florida Keys '.-it':'! :~~~<'I:.,";' . . A d lAth. ~i(~f'. que uc u orlty ,,;J~/" Post Office 80lc 1239 p'~: ,~~~ < 1100 keanedy 0rIvt ., . ...,:: .... ._;. ';;jj~j'Jffi~" Key West FIo'ida33041'1239.''-.~~~r '..' ".' .,' ~/~~:' T~(3lt5) 2i6'2454 .. .....' ."~. :~.;'.; .' ,. - July 30. 2003 Commissioner Sonny McCoy Momoc County Board of COWlty Commissioners 530 'Whitehead Stn:et Key W~ PI 33040 Re: Big Coppin Key Wastewater Service Area Dear Commissioner McCoy: On Thursday, July 24th7 the FKAA Board of Directors ~ and discussed the Concept of Key West Resort Utilities expanding its PSC regulated franchise area on Stock Island to include the Big Coppitt wastewater service area 1he position of the FKAA Board ofDircctors is to ensure that the most cost-effective wastewater service system available is provided. If it is determined that KWRU is the most cost~ective solution and there arc certain teehni~ financial, and public relations guarantees ~ the FKAA Board would not object to KWRU expanding its franchise to Big Coppitt. The FKAA Board would ~ guarantees for the following items prior to KWRU expanding its franchise area: 1. A guaramced maximum capital cost 2. Adequate planned public input and public outreach 3. Completion of a pre-design facility report 4. rmancial plan indicating all proposed fees and charges 5. Funding commitment by KWRU (approx. $4,250.000.00) 6. 20 year financing of System Development Charges (hook-up fees) 7. Funding commitment by BOCC of project balance (currently estimated at $9.480.000.00) lnfonnation regarding the estimated construction co~ and the fimding commitments required of KWRU and Monroe County to make it a viable project was obtained from an estimate prepared by KWRU dated June 30~ 2003. (copy attached). It is the understanding of the FKAA that a privately owned utility franchise may not be eligible to receive any of the pending $100 million federal grant when it becomes available. Thereforc~ unless the county is committed to funding the balance of the Big Coppitt costs for KWRU, the FKAAmust ensure that Big Coppitt remains eligible to benefit from Federal grants. .3 ~ 10:31 PRCM.FLA KEYS AQUEDUCT AUTH ID'3052S83521 PAGE 3/4 Commissioner Sonny McCoy July 30, 2003 Page 2 I look forward to meeting with you to discuss the above list in greater detail and to work towards a successful, economical project. Sincerely, AUmoRIlY Ijr Cc: FKAA Board of Directors Board of Monroe County Commissioners Jim Roberts, County Administrator Tim McGany. Director of Growth Management George Garrett, Director of Marine Resources If ....,.-. -......-......---. . --lQ~ llQ'~2 FROM,F.LA KEYS AQUEDUCT AUTH 10,3062863521 ,.,. KW RESORT UTILITIES - ~o. Box 2125 . Key West, Florida 33045 I Telephone C305} 294--9578 Mi~ile (30s) 294..1212 I,' - BIG COPPlIT, ROCKI..AND & GEIGER KEYS COST ES'ilMAn: JUNE3~3 -. . . .. . Collection System WastewBtcI' Plant A wr & Faroe Main. to South Stock lB1and . $lO~7000 4~~OOO 1,OO(M)OO 9S~OOO $16,700,000 SOVRCES OFFI1NDs An::a Cnst"fl1a3 1100 X $2700 Sooth S10ck T!dsmd Famds 1500 X'S2100 $2$10,,000 5,150,000 BSlIJ~ of$6,OOO~ooo Fuads ($6,000,000 - $4,200,000 Q)st 881) KW Resort Utilities Contribution (Plant & FomeMain) 1,800,000 4,250,000 .. Funds to Complete $J~170,OOO $4,s30~OOO Monthly rcsi~1tJ sewer fee cu:rrentIy is $35.89 and will be arteoded to above . CDStomers. D"...r "......LI PAGE 4/4 . " ... 4" ,...' '... Jut s 0 2003 1L.- "......-- - . .... . .. . .' 5" To bring comfort to both the F.K.A.A. and the Board of County Commissioners, the concerns of the Aqueduct Authority are hereby addressed: 1. At a B.O.C.C. meeting on 1/15/2003, the Board unanimously granted "conceptual approval to extend the contract between Monroe County and Key West Resort Utilities to provide an engineering/survey for the Rockland, Big Coppitt and Geiger Key wastewater project." The arrangement is to have K.W.R.U. perform the engineering/survey and at it's completion confirm their cost estimates to a contract. 2. K.W.R.U. will provide adequate public outreach and input, including workshops, web page and a telephone hotline. 3. Utilizing the F.K.A.A. commissioned "Wastewater Feasibility Study" by L.B.F.H. dated June 2003 and the provisions of Item I above, the K.W.R.U. will guarantee the requisites of A.W.T. wastewater treatment services to the expanded service area and the cost of expanding and providing those services. . 4. K.W.R.U. will provide a summary of all proposed fees and charges. 5. K.W.R.U. will provide a funding commitment for A.W.T. wastewater treatment and transmission facilities for the expanded service area. 6. The County will continue the process of providing the financing of the System Development charges (hook-up fees) for the expanded service Area. 7. The County has the primary responsibility for project balance funding. V; OJlJBI2003 2003/2 I Bill Smith, representing Key West Reson Utilities addressed the Board. Alter discussion motion was made by COnunissioner McCoy and seconded by COmmissioner Nelson &ranting conceptual approval to extend the Contract between Monroe County and Key West Resan Ulilitiee to ~ 1UI ~SUJvoy lOr th. Raoldand, . Big Coppin and Gager Key ~.prqjC(:t. Chief Assistant County Attorney Rob Wolfe, and Clerk of Court Danny L. Kolhage addressed the Bmu-d. Ron caH vote Was unanimous. W ASTEW A TER ISSUES Karen K. Cabanas, Esq. of the firm Morgan and Hendrick referred the Board to her Wrinen Growth Management Litigation Repon, dated January 13, 2003. DIVIsION OF GROWTH MANAGEMENT Mr. Wolfe disa.ssed with the Board a request by IsJamorada, VdJage ofIslands to rejoin the Upper Keys Health Care Taxing District. This item Was referred to Stall' COUNlY AlTORNEY Mayor Spehar diSCUssed having Board workshops that WOuld not be televised and WOuld not include public ioput. Mr. ColJins, Mr. Roberts, and Mr. KOlhage addressed the Board. Mayor Spehar requested that at the February meeting of the BOard in Key Lqo there be a Board workshop to begin at 9:00..... with the regular meeting at 10:00 a.m. MISCELLANEOUS There being no fiuther business to COm. before the Board, the meeting Was adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County COmmiSsioners Monroe County, florida 4j.) Q. ,Q ~11.~ Isabel C. DeSantis, Dept:'ty Clerk ~ Big Coppitt Key, Geiger Key aDd Roeldaad Key Preparation of the wastewater facilities plan and cost of service study for the system commenced during the month. Lindahl, Browning, Femri and Hellstrom (LBFH) prepared a draft technical memorandum outlining expected flows for the service area. LBFH will continue with the facilities plan that will review and evaluate several treatment options and plans to meet the completion date of May 15,2003. Staffhas applied for $1,800.000 of grant funding under the State of Florida Water Projects Funding (WPF) grant program in an effort to initiate a wastewater project that will serve a portion of Dig Coppitt Key. ~ JAU.lIJ 2003 16:37 Th~ L~w Df/lces of SH!&E nl ;.<;1.", ;""'.'> ~.;oi l 1<. 1U. 1{'E.S01<r 'U7"9.t.!.JT9EJ' 64'0 'ERSt JlDlftJ, CoIfIJ' 1f.1NNI 1<., ?V.~ '#0"" .J3040 'P~ J~.~4--J3J2. ~.JOJ-2.94-fZ/2. JoZ4 F .4CS/MlLE: J'S.292.J~" lanuary 10, 2(0) .;j. Mayor DLuc Spehar MODroe County Soo Whitcbcac! Street, Suite 102 Key Wes., Florida 33040 lIE: ail CoPPltt, (;eicel' a.d RocldaDd Keys Dear Mayor Spehar: I wish Ie acImc ,.. IIw lIlc X.W. Raort UIiIiti.. Cllpandou PnIJect 00 S_ Stoot llland i. I!'>ina ........,y ",",I. w. had __ Ie have "'" ......, ..... by D-.b..- I. 200] but illGOb lib .... Will ha..1Ile J'IO.ioct dOac by 1... I, 2003. w.......IoI..... oJl1be pipe .... volvo pils .. ... - by April J, 200), """ lbe ........ __ _... """"'-l be oaJi.. by JUDe 1.2003. r... also plcaxd 10 .epwt IIw U. )lIojOCl i. 011 """'01. W.l1a.., 5380,000 ~ item .. 1be project. .... 10 IIli& date we baY. "'" -%AId ",y ....... w. SIC pl...cd with tho - of.... '"'Binoering .......,.....Ioolh of OUr -.... 10 eddilieo we hev. "Pieced 4.800 1_ r... of eigln-inch fim:c IIIIfn for ... ..... -line 10 !he /101f ...... II tIIo 1Ili1l1y --'-'s _. a.c..'ly... have Iud llppIOxiOlalcly )0 -. 3 1- ....- -"'llllcl reI_ cqvipm....,eorina "'the ....... of South Stcdt I....... r em -....,..... ... do. i.1ond ;. ..g.dy ......Iing lIlc _DB of... job. Bued - Iho: - aad in III. inraost or bopi... our lam _"..... ... SIC lQdy 10 - ..... tIoe - _... Of'" job, wbid. U !he -criog of ltis CoppiU, Geiger aad RO<li:land ltcye, -tiOJl or -_ion Une fivm RDcIclaod lCey dowo to lbc X. W. R..... Ulitity _ tIoe _... of!he 1<. W R-. Utility PI... fivm, .499 "'~d. to .m Dl.g.d. no;., pn,ject will be bvi). 10 adv..... ........- __ ... by vi.... .r "Pllldiog 10 Dig Coppin, Gu.., Ii Rocklood Kcyo we "'ouJd ICCderato the _on of lbc "';'0/18 plant to A.W.T. fivm 2007 to 200S to coincide Wilb lb. OJla>iDs with the addili... to lb, ~laal. ClUTcolly.... estimate then: are 1.120 ERe', co III... Keys, There..... number ofv..lllllo11 iD lhe..... whim ....Id boos, fhe 1!.R.c. I. 'RJn>ximerery 1500 ERe', but w. .... ...... .. 10 !he developabiJity of those lots. T~~ .~ ~.e~!~T ~~I~~I__ 9