Item L2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
\1eeting Date: July 19.2006 Kev West
Division:
ROCC
Bulk Item: Yes
No x
Department:
DISTRICT FIVE
Staff Contact Person: DonnaHanson
AGENDA ITEM WORDING: Discussion and clarification of the ILA with the FKAA.
Specifically in regards to creation of Count)'-FKAA \'lastewater Committee's (CFWC) duties,
recommendations and planning documentation for the Lower Keys Wastewater planning area.
Discussion Monroe Count)' \Vastewatcr Projects plans development and evaluation process
within a DOCC workshop.
ITEM BACKGROUND:
BOCC 9-21-2005/9-28-2005 K-3 agenda item
This ILA created a Count)f-FKAA Wastewater Committee (CFWC) that was supposed to meet
once a month to;
a. Dn i.' I{)p an lInplt.'Tnenl<lt ion ...dlt'duk. <.:on~ I '-t\:'m \~'lth State and r..dcrnl In \\. 3nd In
COli form it y \\ it h Ih\.' \fonrot' C lUlll! San it)' \\":1'" k'wata Plan. for the coo...truct ion n(
\0\ ash: \\ all.:r "1...ll.'m" in un lIh:Llrporat~J \1om!.x' C 011 lit y.
fl. Dn','lnp a financial plan to hillel, in ;1 iair and l..'quitabk malllK'r. \\:l:...kwaler "y"tt"m... for
un Incorporall.'d ?lonro.. County.
::. D<.e Vdl'P ['<-'qUl'st-. for propo"ab (R r p 1 flll' I he prm'llrnll~~111 01' \",...",'watl'r "y't.: ms in
\.lmnl..'nl~)nr;.J.l\.'d .\1011riX County. \,;'\JIl,i~h.:nt \.\ ith Lhl..'. pro~':Uf'':IllI..'IH polKin of (h~' COllllt).
U. Rl'\ li..'W. ran"- and n:l'Ol1lllll'IIJ to the ,\1onrot' County Roarel nf Commi......iorlt.!'" and thL'
FKAA Board of Dirl~l'tor" tht: 0\'\.'1'311 hlphl'st r:mkl'd firm pUhU<lnl In th~' RHJ.
c, (\ lIldud nq;1.11 ial j( 1I1. i j appmpnatL' lItlJI.'r Ihl' term,>; ,)f I hl.: R fP. wi I h the fillll ...~' kdcd hy
lh.. C\ llHIlY ;JlId tth: rK..\..\ tll n:ad1 a lair and ;lffonJal>k L'O,I for tl \\ :1."1,,'\\ atcl ...} skm.
f. rri1\ ick ollgoing ,-'(lon1il1illl(Hl r-t."I\H'c nth.... COlllll) :md ~ I\. /.1,:\ in t he ~~~ln ...(run inn,
ilpnat 1011, ;t1\llm,1 i 1\ klla IlU' or \0\ :l...kwiltn IXOJ....L.b.
t:. PrD\ ide ",ul'h other a""i...tan,'l' as n:qul....kd hy Ih" Cuunty and thl' rKAA.
PREVIOUS RELEVA:'\JT HOCC ACTIO~:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
REVENUE PRODUCING: Yes
No
SOURCE OF FUNDS:
AMOUNT PER MONTH
Year
APPROVED BY:
County A tty ~
DOCUMENTATION:
DISPOSITIO~:
Included -L
O:\ttB/Purchasing _ Risk Management _
/ r'~ .
I ~ \' '\ " . - .\ __\
'- l~' '- ~'-----J c. \. <::::-----
COMMISSIONER GLENN PATTON
Not Rt:quired.__
AGENDA ITEM #
---
DIVISION DIRECTOR APPROVAL:
BOARD OF COL'\T\:' C01\rvllSSIO!'lERS
AGE~DA ITE\1 SC\I\JAR\C
1\1ccting Date: Scptcl11P_cr 21, 200S'SftS'" -lB, 2o~Division:
BOCC
Bulk IteIll: '{ e:'.
;'\;o~
Department: BOCC~,_~__,_._ .____
swn Contact Person: \1a\-'or Dixie SpcllJf
\<--~
AGENDA ITE\-I WORDL'\G:
Approval of a re:'.olu\ioll :'.elling forth principles which are critical 10 the completion of
\-\'hk\\ ;ltcr prt1jcCl~ Irl the unincorpor,llcd Count y-
ITE\l RACKGROVI\D:
The County and FKAA entered into an ILA for the provi...ion of wastewater senice"_
CertalJ1 principles shuuld he recognized to guide the progression of the proJtxts
Jnticipatc:d under that 3greemenl.
PREVIOCS RELEVA:\T BOee ACnO:\:
.-\pproyal of an "umbrella" 1 LA with the FKAA on September 6.2005.
CO~TRACT/AGREE1\[ENT CHA:\(;ES:
STAFF RECOMl\lENDATIO~S:
Approyal.
TOTAL COST:
:-.;:\
RCDGETED: l"e~ I\JA
No
COST TO COl:NTY:
:sJA
SOl:RCE OF FL:\"DS:
RE\'E~'TE PRODL'CI:\G: Yes
No
A~IOL:\T PER .\'IOYnI_~ Year
APPROVED R"Y: Cmlllty Atty ~ O\,'1BlPurchJ.sing _ Ri~k !\hUlagement_
DIVISION DIRECTOR APPROVAL:
~.(l't 'Dixie S-J;.e4at
(TYPE NAME HERE)
DOCL\IE!'\TA 1'10:"\:
Included
x
I\'ol RequircJ__
DIS POSIT 10;\:
AGENDA ITE.\I #_j( -)
RC\h~d 2i05
INTERLOCAL AGREE:\lEI\:T
FKAA
THIS I NT ERLOC AL AG REEI\1ENT is entered i nlO pursuant to See. i 6~ _0 l.
F S . hy and bet ween \-lonrcl<: County, a ppl Itieal ~uhd I \ j ~ ion of the Stale of Florld;!.
(County). anu the Florida Keys :\qlll..'duCI AlIt!l\)ril y. j ne.. an imkpcnd(,llt ~pe( lal di"lrlCl,
IFKAA).
\VII EREAS. the County is iluthori zed hy StT. 1 2."0] ( I 1. FS. 10 pro\' ide. assist III
pnl\ id ll1g and fund cl'ntral1zed wastewater treat menl ~yslt.' illS.
WHEREAS, Chap. l)9-_,lJ_". See. 6, L:ms of Flond<1. and the COlJfllY"
C oll1prehcl1 s i \ e PI illl ITqum: that I.: ,,'rt:l i n \~ aste\\ ater tn.'at l11t'nt ]L'\el.~ he 3C h 1<;'\ t'u by 21J I O. k\l' h
\\ h Ich call heq be aL' h I::\'<:,d hy central \\ ask\\ all'r tre,'Hllll'nt "y'telll":
\\'HEREAS. the FKAA IS authorized bJ Chap, 76-.+,~ I. La\\s of Flonda. as amerlded. ,ll
de~ igll. con strue!, and operate. waslcwater treatment sysll'fTl'<
WHEREAS. the FKAA and the COLlnty have t'nten:d into previou~ Irltcr]('Cal
~lgTccmCnl." e'>labli...h i og. and e0nfinll I ng thel r \lngolTlg [\'1 Gt l(1ll,>h Ip III pro\ idin&, wa~tt\\alcr
1',1(' i I itlL's I n the Flm Ida Kns: and
WHFREAS, thc County. h) adoptcu ['cwlwiolh. ha\c pro\idcd fundlllg to rhe FKAA
fur \\ aqewaler proj(:cts and Illay prO\ Ide add if innal fund" to the FKA A for the adnlilllslration.
pi ann lrlg and constructlon of fulUre wastc\\ atL'r proJecls in LlI1l1lClJrpowlCd :-,,1onroc COIJ11lY: and
WHEREAS, the County and the FKAA desire to pUI III place procedures 1O define the
rcsrcclivc roles ot the C0l111ty and the FKAA in the planning, cOIl:-.lluction and IJremtloll of future
W8SlC\\ ater project.'> In Lll1ll1COrpora led \lonroe County; ;lnd
WH EREAS, by forming a \\Oddng relatiollsh ip through ,m intedocal agree 11l<..'I1t. thl'
COllnty and the FKAA, can effectively and effiCiently pool their rC...(lurces and npt:-'ni...c In
\,astew~llcr S) sterns. lherehy beller sen ing the citizens of ~lonroc C Dunty.
l\l CO:"JSIDERA TION of thl' rnutllal consldcrmillll and prem is~'s set fOl1h helm\. the
pJ r11es agn:e ::1" 1'01 1m, s:
"'"",
\.
I,
Th-;:J'e is hnebJ l'rl'::ltcd :L COllllty-FK_--\A Wastcv.akr COrtHllittec
~h;J.11 he cum pnsl.d ,,1' the foil (lW II1g Jlll:llllxr\ m de _'d~nt'e:
County COITlll1in<:>e Apptlllltct' FKAA O'mmin('(' Appointee
County Engineer fKAA "'-asic-water Enginccr
CDunty fmalleial designt'e FKAA hnanc:al designee
\lollrPt' C oUIlly CnT1l!l1 iss ioner "TK A A Beard \k Illb~T"
" n () n - \ ot 1f1 g ad\'I sor) niL.' nI bn
(CI-we:, v.hich
)
/
/
//
/
[t ~11;l11 b,.: the polley of thl' CrWC 1(1 iIlVlte' J1KmbtT' (if thL' pub] ic to IllLL'Llllg~ \<,)wrCll1
pm.icCl-S p..:c Ific IS\lJe" \\ i I I ht' disCll~St'U, The CFWC "hall prml1lllL' the Jtk'ndal1ct' of
commUnity leaders that reside:. In areCls where future waste'.'. ater projects :lh' being
planned
The dLltie~ of the CFvVC ~ha1J be- to :
d De ve I "p an imrlementatlon schedule. C()I1~ Hen t v. itb State and Feder:!1 1<1 \\, and In
conformity with the ~1ollroe COUI1ly Sanity Waqcv..'ater Pl:1n. for the constructIon Di
wasttwater system" in un l!1l'orpor:'lIed \1011 roe Cnunty_
h_ Develop a financial plan to fund, in a f.lir 31lJ L'quitahk milT1l\l~T. \.I astewcner ~yst(,lll~ ror
11lllllcorporated Monroe County
(. De ve10p requests for proposals (R FP) for the proc urement of wastev, atn syste ms III
unincorporated ~1onroe County. consiqent \.I ith the rrocurel1lCflt policH.:~ of tIlt' COLlnty_
d Re\'iew. rank and recommend to the :\lonrtlt' COLlllty Botire! of Commissioners and thL'
r-KAA Board of D ireclOrs the O\'L'r., II h ighc:'t ra n ked fi I'm pursuant to tht.' RFP.
c, Conducl negotiation. if appropriate undL'"r Ihl: t<:rm.. ur the RFP. \\ilh the firm sd<:ctcd by
lhe COLlm) and the FKAA to n:ach a Call' and affordable co~t for <1 wastewater SystL'lll.
f Provilk ongoing coordinatl(ln hct \\ecn the COllnty anJ FK;\..\ in the cmhtructiull,
upcrallOlL and l1l:ti nll'rwncl' of \\ aslt'\\ ateI' rrOJcCls
g_ Provide \ue:h other as~istanct' as requc\ted hy th1" County and lhe FKA:\_
The CF\\'C ~'olllmllke shall meet at I<.'a',( lIlurlthly The Counly and the FK.--\,\ shell! provide
C k'rical and IL. gal "tatf to sllppon the operal inns (If {he CFWC. incl uJlIlg 111\ un ng ('urnpl iance
with Florida's Orx;n Gov<.'rnment Ll\\_
-+
The County and the FKA:\ C1gree thar no Requc\! For Propos;:l!s (RrT~) \\111 be puhli"hed I'm
\\ :J stell <ltcr projects ITl un illc()rporatcd \tOIHOt' Count y 1\ il hout thl' r<:'L'ommendallun of the
CFWC and joint approval of the !,vlonroe County Com1l1is\ion and the FKAA Board (If
Dire('lOrs,
.;
The County and tIle FKAA agn:c that JlO 'L'onlrac:Ls pllr~ualll \I) rhl' procurement of any n,;\\'
I." astcw ater sy ql:m in UIl ITlcorporated \-1onroe Cnunry \\ l! I he \igned \\ ilhout the
recommendatIon of lhe CFWC and jOll1t appro\ al elf tile \-lonroc County Cornmi""lon and thL'
FKAA Board of Directors_
()
The COLI nty and the FKAA agn.'l' to worl tog.:! her t\' l'stahl i~h Can- and eq u i lable u"cr fees 10
lund the opt.'J"atioll Jnd m;'1I ntenance of \\a<.(c\\ "tn '>) sll.'IllS
..,
The County and the FKA,\ agree' that many ISSues \\ill nel'd to be rcsohed to achlne
\\astL'walt'r treatment within unincorporated Monroe County and agree to let the CFWC work
10 bring conSL'nsu~ to lho~e ISS th.'S a nu make n'l'Orlllll<:nda! ion;, to both the \lonroc County
C()mmi~si()n as well :IS the FKAA Board of Dlrect(1r~, Tht.' County Clnd the FKAA agree to
\\ork togct her to,ee k emd ohtai n Fedl:rnl and Stale grant\ t(1 a"'~I,>t in the ftlnd Illg of
\\astt:'\-\'tilt.'r project\,.
~,
The Count y and the fKAA. agn.:'~' l hat 0\\ Iler~h ip of \~:hlL'\UllT III fra\lrlk'l Lire i\ <Ill I~~UC t !J;1[
\~ ill need further resolullon. Bolh lXlrtie<.;, ackno\\ ledge that many factors may afkct
ownership includmg thL' reljUlre-melllS of c,'rtal1l financll1g \chiele'i The CF\VC will weIgh
ownership altemall\es and maKe recommendallons to [he Monroe County Commi"sielll and
the PKAA Board of Di rectors :1' to the "ok nrlutnt ()\\ ne I-sh I r pf futurt' \\a~te\.\ aler rroJecl-,
9. The partIes agree thaI this written dtX'Lmll'nt represents their initial mutual agrl~t'Tllenl and
replaces any prior agreement. ul1derstanding~. or commut1lcltions on the sllhjecl matter of the
;:f'reclnt'nl. \\ hcthcr \\ ritltn or oral. The pa11il's agrl:C that lhis ILA may be ;nnendl'd \\ i[h the
\'(J1lsent of both pal1leS upun reC0Il111H:ndatlom of th;:: CfWC and appru\al of hut!, the
Monroe County Commission as wel I a\ 1he FL\A Board of Directors,
10. 1h IS agl'~Tnll:nt \-\111 take erfl'l"t on 1 he date a l'O['y e \l:l' ukU by hilt h ralllCs I ~ fi kd \\ ith the
C k rk of the COLll1~ of :\hllln'e C ollnt;. f-l (lrida
II This agreement may he st'\erl'd hy I'orm;:d action b;. Oll(' (1f huth parties \\ ith 90 days
nnl ificatHln lD the other party of SllC h plan Iled act lOll. Formill auio]) shall he defi nl:d ,h a
Illal 011 ty \Olt by one or both of the re "peel i \c board~ to Se\'cr the agree rnc nl. The
n:sponslhilllY for ,Illy .I 0 lilt pmjl:CIS th:it "hOltld e,\ist at the time oC se\'(:raIlCc \h,,11 i:>L'
negotiakd among the part](='<; and found to he mutually acceptable [0 hoth the BOCC and
FKAA
1:'\ WIT\ESS WHEROF. lhe parties l1l'rt'lO ha\t .~L.[ [heir hands :md seal.s tik' J:JY and Yl~:H fir\!
:Ihu\t' \Hltten,
80ARD OF COL1\jTY
COl\-ll\-tISSIOi\'ERS OF MOi'ROE
eOL\T\'. FLORIDA
ISL-\,LJ
By':
-' lilyor i Ch;:lIrpn,>on
J)anny L. Knlhage, Clerk
By:
Deputy Clak
THE FLORIDA KEYS AQUEDCCT
AtTH(lRITY
(SE.--\.Ll
B:"
ChalrrnJn
A, TrEST:
RESOLtmON NO. .JiL-2OOs
A RESOLUTION OF THE MAYOR AND COUNTY COMMISSION
OF MONROE COUNTY SETTING FORTH PRINCIPLES
CRITICAL TO THE COMPLETION OF W ASTEW A TER
PROJECTS IN THE UNINCORPORATED COUNTY.
WHEREAS, Monroe County is diverting a significant portion of its resources to the
necessary task of sewering the Florida Keys; and
WHEREAS, the financial strain on the County from the County's investments In
sewering the Florida Keys will be felt for decades by the citizens of the Florida Keys; and
WHEREAS, the County and State will be bearing a significant portion of the financial
obligation; and
WHEREAS, the Florida State Auditor General is the proper entity to monitor and audit
the competency and management of this significant undertaking; and
WHEREAS, it is vitally necessary that the sewering of the Florida Keys be given the
highest priority by all concerned and that every state funding source available be utilized to the
fullest extent possible; and
WHEREAS, the mandate imposed by the State of Florida to sewer the Florida Keys will
fall short of its goal if certain principles are not agreed upon between the county, state, FKAA,
and other wastewater service providers in the Florida Keys and uncompromisingly adhered to;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Monroe County, that:
I. The following principles are critical to the sewering of the unincorporated areas of Monroe
County, Florida, on a timely and cost-efficient basis:
A. The State ofFlocida should fully understand the financial burden it has added
to the citizenry of this Area of Critical State Concern, and that many county
improvements will be indefinitely deferred to meet the State mandate.
B. The County will make every effort feasible to comply with the State
mandate and makes this commitment with the knowledge of the absolute
importance of sewering the Keys.
C. The County and the FKAA will utilize all sewer money and revenues
collected from customers of wastewater systems, over and above the costs of
maintenance, operations, billing, and any direct costs specifically incurred to
provide these services, solely to finance the construction of ongoing and projected
collection, treatment and disposal systems, and for no other purposes
Wastewater Principles Res. 9-21-05
D, The State, County, FKAA and Key Largo Wastewater Treatment District will
stay fully engaged to ensure both that the most imaginative and cost effective
solutions are employed to achieve the mandate with ever limiting funds and that
the parties coordinate their efforts to obtain the maximum tinancial assistance
possible from State funded sources.
2, This Resolution shall become effective upon the date of its adoption,
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a meeting of said Board held on the 2 B t h day of September, 2005,
Mayor Spehar
Mayor Pro Tern McCoy
Commissioner Neugent
Commissioner Rice
Commissioner:Welson
,r.:---
Yes
Yes
Yes
Yes
YP.i=:
S-.:in.
( ~) : ,
Att~: DANNY L. KOLHAGE, Clerk
By:JlaLJ ~, lJ1JVcvJMJ
Deputy Clerk -'
BOARD OF COUNTY COMMISSIONERS
OFM~"tCO"Y'~
By:
Mayor/Chairman
C
In
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Wastewater Principles Res. 9-21.05
Monroe County
Board of County Commissioners
Office of the County Administrator
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 205
Key West, FL 33040
(305) 292-4441 - Phone
(305) 292-4544 - Fax
r.~-----
BOARD OF COUNTY CQI.-~ONERS
Ma)'Of OlaI1es "SoMy'" Mct:oy I Disb1d: 3
Mayor Pre T@m Murray E, N@!son, Dstnct 5
[)OO@ M, Spehar, Dstrict 1
George ~ District 2
David P. RJ C@, DIstrict 4
O.~~~2~~E
1305) 294--4Ml
January 10,2006
fun Reynolds, Executive Director
Florida Keys Aqueduct Authority
II 00 Kennedy Drive
Key West, FI 33040
Dear TIm.,
Thank you for your response to my November 7 correspondence requesting that the Aqueduct Authority
appoint members to the Wastewater Evaluation Committee. I agree that the language in the ILA, (Section
2(d)), requires the fonnatian of the committee to review Requests for Proposals,
[n reviewing the !LA, it is clear that the committee could be utilized to perform other functions to support the
joint participation orhoth the Aqueduct as well as the County during the process. Section 2 states that [staff]
conduct negotiations, provide coordination and develop RFP's as well as a financial plan for the
implementation afwastewater systems within the county. Since the proposed members of the County's
evaluation committee consist mainly of staff directly involved in wastewater, I was optimistic that you would
reconsider your decision not to name the committee members at this time. I believe that the committee brings
added value to the project and would greatly assist with the planning o( and communication between both
respective boards.
During my review of the ILA, I noticed that Section 6 requires the joint approval of both boards for the
procurement of any new wastewater system in unincorporated Monroe County. We may need to add an item
to an upcoming BOCC agenda for the Board to ratify the letting by FKAA of the design phase of the Big
Coppitt project ta Boyle Engineering to meet the requirements of the ILA.
At the December meeting of the Board of County Commissioners, Mayor Charles McCoy was appointed to
serve in the capacity of wastewater liaison. Being an architect for many years. Mayor McCoy has extensive
experience in wastewater systems and the intricacies in providing this service within Monroe County and has
worked throughout the United States and the Carribbean. It is imperative that Mayor McCoy be a pan of the
team that plans and executes this program for the County,
I am in receipt of the FKAA proposed capital program for wastewater projects and will be meeting 'With
County staff to promulgate a coordinated financial plan anticipating a year 2010 completion date, At our
meeting next week, I would like to discuss the importance of the concurrent planning offuture projects to
ensure we meet the projected completion of2010,
Thanking you for consideration of these issues. I look forward to our meeting next week.
Sincerely,
________I
=---/" /
/l
/ I
(r~
1-.
"
Thomas 1. Willi
County Administrator
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 2-205
Key West., Florida 33040
Office 305~292-4441
Fax 305-292-4544
\.', iIli-=-I()E1:a.rpOnroe~ount) -tl gO\'
O~~~~~E
(:J05) 294--<164 1
Monroe County
Board of County Commissioners
Office of the County Administrator
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 205
Key West, FL 33040
(305) 292-4441 - Phone
(305) 292-4544 ~ Fax
November 2,2005
Mr, James Reynolds, Executive Director
Florida Keys Aqueduct Authority
11 00 Kennedy Drive
Key West, Florida 33040
Dear Jim:
r~.~ ------
BOARD OF COUNTY COMMISSIOftERS
Mayor [)j xi eM. Spehar, Distri ct 1
Mayor Pro Tern Charles "Sonny" McCoy, District 3
George Neuge11t. District 2
David P. Rice, Disb1ct 4
M\m-ay E, Nel$Ol1, District 5
As stated in the Local Agreement between the Florida Keys Aqueduct Authority and Monroe
County, the County Administrator and the Executive Director of the FKAA shall each appoint two
members to a Wastewater Evaluation Committee. Attached for your review is information on Monroe
County's Wastewater Evaluation Committee members, The three Monroe County members are
Conunissioner Charles "Sonny" McCoy, Thomas Willi, County Administrator and Elizabeth Wood, Sr
Administrator, Sewer Projects,
Please for.vard your Wastewater Evaluation Committee members infonnation to me at your
earliest possible convenience.
Art.
Very truly yours,
---:'~/ -
--~(./
Thomas 1. .U.
County Administrator
Charles "Sonny" McCoy
\1ayor Pro-tern
BOec, District 3
Commissioner Charles "Sonny" McCoy was born and raised in the Florida Keys, A third
generation conch, he has an Architectural Degree from the lTniversity of Florida and a
\1.asters in Business,
He is a registered architect in Florida. North Carolina, Arizona and National Registry and
has won both national and international awards for architecture, including work in the
Caribbean In the Florida Keys, he designed the B'Nai Zion Synagogue, the Ocean Key
Hotel, the Galleon Resort and Marina. the Key West Post Office, the Stanley Switlik
Elementary School, The Park and Ride, the Flagler Historium, and the 950 unit housing
complex on the eastern end of Key West. These and many others required wastewater
systems and some required treatment plants,
Commissioner McCoy previously served as Mayor of Key West for five consecutive
terms During his tenure he brought Key West out of near bankruptcy and won a national
award for the transformation of his community He also began rebuilding the sewer
system of Key \\l est, He was adept at finding grant money for the island and the list of
projects he accomplished is long and visible Commissioner McCoy is also the first to
have served as the Mayor of both Key West and Monroe County
.-\dd iti anal Licenses and (' ertificat ions held
Wastewater Treatment Plant Operator, State of Florida
Special Inspector of Threshold Buildings
Structural Masonry Inspector
Thomas J Willi
County Administrator
Certified General Contractor - licensed 1987
Certified BL.:lding Official
C ert ifie d Bu lid in gin spector
Constructed, permitted and inspected various utility systems, as we!1 as municipal projects,
Deveioped residential, commercial and industrial projects
Negotiated and constructed service area expansion of public water/wastewater utility
:nitiated special assessments for waler/wastewater projects
Negotiated the purchase of a privately held water/wastewater utility
Negotiated the purchase of a municipal water/wastewater utility
Initiated the governmental taking of a portion of a municipal utility
Routine!y accepted subdivision water/wastewater systems upon completion by developer
Elizabeth Wood
40 Seville Circle
Davie, FL 33324
305.710.4675
PROFESSIONAL EXPERIENCE
EE&G Environmental Services. MIami, FL Staff Engineer, 11/03. Present
Coordinated construction and environmental services including:
. Custom design of waler treatment systems.
· Design. permitting, and installation oversight of stormwater systems.
· Subsurface/hydrogeologic investigations for foundation design,
. Foundation earthwork and concrete testing.
. Emergency response clean-up and reporting.
. Phase I/Phase II Environmenta! Site Assessments.
. Air permitting and chemical use regulatory reporting.
RGF EnvIronmental Systems a RIviera Beach, FL
Lab Manager, 03/03 - 07/03
. Bench lop treatment testing for industrial wastewater applications.
. Maintenance/calibration of laboratory equipment and supplies.
Integreyted Consultants - Melbourne. FL
Network Pariner, 10/01 - 12/02
. Spill Prevention Control and Countermeasure Plen preparation.
. Collection of air samples for worker exposure at manufacturing facilities.
Eastern Research Group - Chantilly, Va
Chemical Engineer, 7/99 - 10/01
. Premanufacturing Notice Initial Review Engineering Reports.
. Pulp and paper mill wastewater sample collection.
. Query development for RCRA risk ranking database.
EDUCATION
B.S. in Chemical Engineering with honors from Florida Tech University
Senior Project: Design of 3 MGD Sequencing Batch Reactor for Domestic VVVV'Treatment
Harris Corporation: Melbourne, FL
Co-operative Education Student
· Preparation of environmental metrics for publication in the annual report.
. Calculation of hazardous air pollutant emissions for permit renewal.
Washington InternshIps for Students of EngIneering
1997 I ntern for the America n I nstitute of Che mical Engineers
. Presentation of public policy paper titled, "Project XL: Balancing Regulatory
Flexibility with Environmental Performance" at the AIChE annual conference.
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iii,', il1l't.\.:cipt ofYOUf letter da(ed January 10, 2006 c\mc~mjq~ th~ formal establishment of a
',I/".:''..'.:'.'.''i!er EvaIuation Committee. Tll" FKAA BlIW:d ofDircctors (k,~g not h:eJ it is prudent at trcis
till:': 10 formulate such u committ~'e. The Cl)rnnll~:1.<; described In the ItA would have a specific
fUilCtiO!l tv review aLl rank desii:-'Thbuild RFI"s Elfld make n-cmmnendations to the BCXX and FKAA.
This ~eV't'W \\'o~dd OCCur ~IS part oftbe procurement precess and would be surje...'t to the rcquirement~ of
t.:S, 236.01 ;, Sint.'~ procurement of the Big Coppin project "ill be desigw'bid/build to the lowt'si
biddn, and not a design/build RF'P, the-n- is no cffkial purpuse fo~ an RFP R<:view committee. [hdit've
nUT reguli.ii ihWLi,g'l \\Tth stall as de~criwj in Section 4.01 of the ILl\, have bet)n a ,!:l1'od\lctive and
effedive WC!y to mCve Wi.Hlo;;Wllk, pn~jects forward.
ApP<trenUy tlwre i.~ s{\mE' c-onth.!.;lon ~gardir:g which lrd:cr.l(1c.:ll Agreement is in effect ill tbiQ
timt' Reference is made in y.:)ill" lett:::r t<) Section 2 regarding an RFP Committee and SL'Cti{)P. ti
J(;gardicg tlOCC uppruva, of awarding contract.s Bnth of these. Sections are cOfllaint~d in fll1 Inter..Loc.a]
Ag--tff'rncn1 dute-d. &-'17/05 by the CUUi1ty CIerk. The Tmer-klCll1 Agreement rhat is in etlCct and
sl1pt:fseJes pr''o':iOll-'' z.greeme-r.~s hil.5 an cffcl.:tivc ddte of9/~:05 and j~, thi;~ ILA thnt k:J 10 tha Leu~\'
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ccnrdin,rlrlCJ1 in the d~\eloptl1.;;nt ut' Sll{"C~i$fuj '''-'ask-ware!' projtX:ts.
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FAXEn
INTERLOCAL AGREEME~T
:\10:"iROE COI;NTY A~D FLORIDA KEYS AQL'EDUCT AUTHORITY
\\' ASTEW A TER SYSTE:\tS
THIS INTERLOCAL AGREE:\IENT is entered into pursuant to Sec. ]63,0], F,S" by and
between Monroe County, a political subdivision of the State of Florida, (County). and the Florida
Keys Aqueduct Authority, Inc., an independent special district, (FKAA.).
'WHEREAS, the Florida Legislature has identified the Florida Keys as an area of critical state
concern, and has authorized actions by the County and FKAA to provide adequate wastewater
treatment to protect the environment and the health, safety and welfare oflandov..-ners and
persons inhabiting the Florida Keys; and
\VHEREAS, the County is authorized by Sec. ] 25.01 (1), FS, to provide, assist in providing
and fund centralized wastewater treatment systems;
\VHEREAS, Chap, 99-395, Sec. 6, Laws of Florida, and the County's Comprehensive Plan
require that certain wastewater treatment levels be achieved by 20] 0, le'.-els which can best be
achieved by centra] wastewater treatment systems;
\VHEREAS, the FKAA. is authorized by Chap, 76-441, Laws of Florida, as amended, to
design, construct, and operate, wastewater treatment systems;
\VHEREAS, the FKAA and the County have entered into previous interlocal agreements
establishing and confirming their ongoing relationship in providing wastewater facilities in the
Florida Keys; and
WHEREAS, the County, by adopted resolutions, has provided funding to the FK.A.A for
wastewater projects and shall provide additional funds to the FKAA for the administration.
planning and construction of future waste\vater projects in unincorporated Monroe County; and
WHEREAS, the County has deeded to the FKAA parcels of land on Conch Key, the
Saddle bunch Keys and Grassy Key; and
\\-'HEREAS, the County has demonstrated its commitment to sewering the Keys by
transferring, at no cost, to FKAA the Grassy Key parcel, for which ad valorem taxes were
expended at fair market value and the parcel is to be used by FKAA. to serve the City of
\1arathon, and has committed a maximum of $20.000,000 to the Key Largo \Vastewater
Treatment District; and
\\-'HEREAS. the Baypoint (Sadd]ebunch Keys) and Conch Key projects, constructed by
FKM. are soon to be operational; and
\\-'lIEREAS, the County and the FKAA intend to continue their cooperation with
Governor Bush, the State Cabinet. the Department of Environmental Protection and the
Department of Community Affairs to implement wastewater s:ystems in unincorporated Monroe
County by 2010; and
Monroe County.'FKAA Draft !LA Sep. 6. 2005
WHEREAS, the parties desire to further define their commitment to work together and to
answer concerns raised by the State Cabinet, at a meeting of August 23. 2005, concerning an
agreement dated August 17,2005, ben\-"een the parties; and
\\-l-IEREAS. the parties have been in reliance upon expressions of commitment by the
Florida Depanment of Community Affairs of $10,000,000 for wastewater projects for fiscal year
2005, and $20,000,000 for fiscal year 2006, as identified in the Growth Management Plan
attached to County Resolution No,039-2004, and the ability to obtain additional critical financial
assistance from the State of Florida, the federal government and their agencies to achieve the
purpose of this agreement; now therefore,
I~T CO,,"SIDERA.TION of the mutual consideration and premises set forth belo\v, the
panies agree as follows:
1. STATEI\fENT OF INTENT:
This agreement shall set forth commitments of the parties to work together to achieve the 2010
mandate to sev.er the Florida Keys. The parties shall work together to obtain funding for
wastev.'ater treatment facilities from state and federal sources. The parties shall cooperate with
each other and act in a timely manner to acquire, design, construct, and operate wastewater
treatment systems throughout the unincorporated areas of Monroe County, except for the area
covered by the Key Largo Wastewater District, which has its separate authority and
responsibility for sewering that area. The parties further intend that the sewering of the Florida
Keys shall be done at a reasonable cost to users.
2. RESPONSIBILITIES OF COUNTY:
201 The Coun!',; shall own the land and infrastructure of the wastewater treatment systems
, . .
acquired or constructed under this agreement..and any amendments hereto, and shall lease said
assets to the FKAA. as described in Section 3,08 below,
2.02 The County, in addition to funds obtained from state and federal sources, shall provide up
to the limits of its bonding capacity of the infrastructure sales surtax and County's ability to levy
special assessments, the funds necessary to complete all wastewater projects so that citizens do
not have to pay in excess of $4,500 per EDD in non.ad valorem special assessments, The
County shall provide $20,000,000 for the costs of acquisition, procurement, design, and
construction of wastewater projects in the_Lower Keys. County commits to full faith and
diligence in working with the FKAA to provide funding to make costs of system development
and connections for the Big Coppitt and all future projects reasonable to users. County shall
have the responsibility of levying the special assessments for wastewater projects. Lower Keys
projects included under this Agreement are Big Coppitt area, Cudjoe-Sugarloaf area, and Big
Pine area. Other unincorporated County projects are Duck Key and Long Key.
2,03 The County Administrator shall review all procurement documents drafted by, or on behalf
of, FKAA. for wastewater treatment systems in the unincorporated county. The County
Administrator shall make suggestions for changes as he deems in the best interest of the general
public.
Monroe County....FKAA Draft ILA Sep. 6, 2005 2
2.04 The Cmmty Administrator shall appoint t\-"o members of the e\-'aluation committee should
any committee be established.
2.05 The County shall convey to FKA.A such easements as are necessary for the installation of
sewer lines.
3. RESPONSIBILITIES OF FKAA:
3.01 The FKA..A. shall administer the procurement processes for the design and construction of
wastewater systems in unincorporated \1onroe County.
3,02 The FKAA. shall develop requests for proposals (RFP) and requests for qualifications
(RFQ) for the procurement of wastewater systems in unincorporated Monroe County, consistent
with the procurement policies of the FKAA and applicable State statute(s), FKAA shall submit
the drafts of RFP/RFQ to the County Administrator for review and input, give due consideration
to any suggestions for changes, and shall advertise RFP/RFQs.
3,03 The FKAA shall accept the RFP/RFQ submissions. It is intended that contracts be
awarded to the most responsive subminer, which shall not be required to be the lowest
responsive bid, the most qualified responder, or other. The parties recognize that the lowest bid
may not be the most effective bid, Accordingly, an evaluation committee which will comply
with Sec. 286.011, F,S" may be established on an ad hoc basis for each procurement process,
Should an evaluation comminee be established, the Executive Director of the FKAA and the
County Administrator shall each appoint two members,
3.04 The FKAA. shall give due consideration to recommendations of the committee, if any,
and the County Administrator. The FKAA. shall award the contract.
3.05 The FKAA shall provide construction management of each project to insure its expeditious
and economic completion. The FKAA authorizes the County Engineer and/or his designee to
make site visits to any project under construction, and shall give due consideration to any
suggestions of the County Engineer regarding an ongoing project.
3.06 The FKAA shall retain the financing authority provided in its enabling legislation.
3.07 The FKAA shall aid the County in its efforts to obtain funding by' providing copies of such
documents as the County needs to support its issuance of bonds or to seek Federal and State
grants to assist in the funding of all saidYiastewater projects,
3.08 The FKAA shall lease from the County' the land and infrastructure of the wastewater
treatment systems acquired or constructed under this agreement and any amendments hereto,
The Lease shall be irrevocable and provide absolute and unconditional authority to the FK.i\A to
establish system development fees, rates, budgets, and rules governing operations in such
manner as to be consistent with Section 4.06 of this agreement. The lease term shall be ninety-
nine (99) years, tlfld-Iellcwablc ,for an- additional ninet-y-niRII (99) Y~:M:SL The FKAA. shall be
responsible for the maintenance and operations of the systems leased from the County. The
Monroe Counry.'FKAA Draft IlA Sep. 6, 2005 3
parties understand and agree that the lease to be entered by the parties shall contain covenants,
'\varranties, auditing and monitoring provisions consistent with the provisions found in the
Interlocal Agreement between the County and the Key Largo Wastewater Treatment District.
3.09 The FKAA, pursuant to requirements of their enabling act, shall ensure that at least two
public hearings be held in the area affected before any system development fee, rate or any other
user fee is established or increased. All revenues derived from the v.'astewater systems by the
FKAA over and above maintenance, operations, customer service, billing, and any direct costs
specifically incurred to provide these services shall be used solely for the purposes of the
wastewater systems, such as the payment of debt sen--'ice and retirement of bonds.
3,10 This Agreement shall not apply to wastewater assets currently o'\\TIed by FKAA or
hereafter acquired from any other utility,
4. COOPER.\ TIO~ IN CARRYING OUT AGREE~ENT:
4.01 The County Administrator and the FKAA Executive Director shall meet as necessary to
complete the tasks set forth in this agre~menL The County Administrator and the FKAA
Executive Director and their staffs shall only serve in their customary capacity of fact-finding,
professional advice to, and other efforts to carry out the policies of, their respective boards.
4.02 All communications and dissemination of information regarding wastewater projects shall
be through the Offices of the County Administrator and the FKAA Executive Director.
4.03 The parties recognize an obligation of 580,000,000 of bond-financing to be secured by
special assessmentsjn the unincorporated county,
4.04 The parties agree to enter into a lease consistent \.\-lth this agreement in the most
expeditious manner as possible.
....
4.05 The parties shall work together to secure sites for wastewater treatment plants in remaining
lower keys no later than July 12, 2007. Attached hereto is Exhibit A setting forth a preliminary
timetable for the projects.
4.06 Neither party shall take any action or omit to take necessary action, including action
pertaining to rate setting, that will adversely affect the taxwexempt status of County and FK.AA
bonds, or the respective party's ability to issue bonds under this agreement. Each party \\'111 take
such action as is reasonably requested by the other party in connection with the issuance of
bonds so as to allow the other party to issue such bonds on a tax-exempt basis, including, but not
limited to, executing tax certificates.
5. ESTABLISHME~T OF CERT AlN PREREQCISITES FOR EACH PROJECT
5.01 The County and the FK.A,j,\ shall work together to achieve the [0110\.\-1ng goaL to establish
fair and equitable connection fees and user fees to fund the operation and maintenance of
wastewater systems,
Monroe County,'FKAA Draft ILA Sep. 6. 2005 4
5.02 Projects constructed under this agreement shall conform to the \t1onroe County Sanitary
\Vastewater Master Plan,
5.03 It is recognized that some outlying areas of the Keys \\-hich are not heavily populated may
not be feasibly served by a centralized wastewater and sewage system, and that Alternative
\Vastewater Facilities may be required to be installed to meet the mandate for adequate
wastc'-\'ater treatment in the Florida Keys. All Alternative Wastevv'ater Facilities that may
hereafter be constructed and operated within the Service Area of the FKAA shall conform to
good utility practices, adequate service to the public, ensure adequate Wastewater Sef\-'ice for the
Florida Keys and its citizens, FKAA shall comply with all applicable laws and rules in issuing
prior approval for the use, construction, installation, or operation of new or expanded Alternative
Wastev,'ater Facilities, The FKAA shall require and enforce the use of its OV,11 Wastewater
Facilities and facilities leased from County whenever and wherever they are accessible, Any
Alternative Wastewater Facility must provide adequate and sufficient service to the projected
territory or development.
6. Ii'iSL'RA:'\TCE AND HOLD HAR'\:1LESS:
6.01 The panies to this agreement stipulate that each is a state governmental agency as defined
by Florida Statutes and represents to the other that it has purchased suitable Public Liability,
Vehicle Liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate
to respond to any and all claims under federal or state actions for civil rights violations, which
are not limited by Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims
within the limitations of Florida Statutes Section 768.28 and Chapter 440, arising out of the
activities governed by this agreement.
6.02 To the extent allowed by law, each party shall be responsible for any acts, or omissions, of
negligence on the part of its employees, agents, contractors, and subcontractors and shall defend,
indemnify and hold the other party, its officers and employees, agents and contractors, harmless
from all claims demands, causes of action, losses, costs and expenses of whatever type _
including investigation and witness costs and expenses and attorneys' fees and costs _ that arise
out of or are attributable to arising out of such actions or omissions. The purchase of the
insurance does not release or vitiate either party's obligations under this paragraph,
6.03 ~otwithstanding the provisions of Sec, 768.28, Florida Statutes, the participation of the
County and the FKAA in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall
any contract entered into by the County be required to contain any provision for waiver,
7, GOVE&"'I~G LAW, VENt'E, I~TERPRETA TION, COSTS, A~TD FEES:
7,01 This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable ro contracts made and to be performed entirely in the State,
7.02 In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and FKAA agree that venue will lie
.\-1onroe County'FKAA Draft ILA Sep, 6. 2005 5
in the appropriate court or before the appropriate administrative body In ~onroe County,
Florida.
7.03 The County and FKA..A. agree that, in the event of conflicting interpretations of the terms or
a term of this Agreement by or bem-'een any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding,
7.04 The County and FK.M abTfee that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall
include attorney's fees. courts costs, investigative, and out-of-pocket expenses in appellate
proceedings. \1ediation proceedings initiated and conducted pursuant to this Agreement shall be
in accordance v-.ith the Florida Rules of Civil Procedure and usual and customary procedures
required by the circuit court of :\1onroe County.
8. SEVERABILITY:
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining tenn, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of
this Agreement would prevent the accomplishment of the original intent of this Agreement. The
County and FKAA agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
9. BINDING EFFECT:
'....'
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the County and FKAA and their respective legal representatives, successors, and
aSSigns,
10. ATTHORITY:
Each party represents and warrants to the other that the execution, delivery and perfonnance of
this Agreement have been duly authorized by all necessary County and Authority action, as
required by law.
11. CLAI~tS FOR FEDERAL OR ST A TE AID:
FKAA and County agree that each shall be, and is, empow'ered to apply for, seek, and obtain
federal and state funds to further the purpose of this Agreement.
\1onroe County FKAA Draft lLA Sep. 6, 2005 6
12. ~O~-DISCRJMINATION:
FKAA and COlJNTY agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. FKA,A. and County agree to
comply with all Federal and Florida statutes, and a1l10cal ordinances, as applicable, relating to
nondiscrimination, These include but are not limited to: 1) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 U SC ss, 1681 w 1683, and 1685.
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 use s, 794), which prohibits discrimination on the basis of
handicaps; 4) lbe Age Discrimination Act of 1975, as amended (42 L'Se ss. 6101- 6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treaunent Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss, 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)
Title VIII of the Civil Rights Act of 1968 (42 use s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code eh. 13, Art. VI.
prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any
other nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of, this Agreement.
13. ADJCDICA TION OF DISPUTES OR DISAGREEMENTS:
13,01 County and FKAA agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If the issue
or issues are still not resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by Florida law,
13.02 In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, County and
FKAA. agree to participate, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or provision
of the services under this Agreement. County' and FUA specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
14. COVENA~T OF NO INTEREST:
County and FKAA covenant that neither presently has any interest, and shall not acquire any
interest, which would conflict in any manner or degree \vith its performance under this
\1onroe CounryFKAA Draft lLA Sep, 6,2005 7
Agreement, and that only interest of each is to perform and receive benefits as recited in this
Agreement.
15. CODE OF ETHICS:
15.01 County and the FKAA agree that officers and employees of the County recognize and will
be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business \vith one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information,
15.02 FK.AA warrants that it has not employed, retained or otherwise had act on its behalf any
former County officer or employee subject to the prohibition of Section 2 of ordinance ~o, 010-
1990 or any County officer or employee in violation of Section 3 of Ordinance -:s.Io. 0 1 o~ 1990.
16. NO SOLICITATIO~IPAY~ENT:
The County and FKAA each warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement.
17. PLBLIC ACCESS:
The County and FKAA shall each allow and permit reasonable access to, and inspection of, all
documents, papers, letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and FKAA in
conjunction \\-l.th this Agreement
...
18. PRIVILEGES AND IMMUNITIES:
All of the privileges and immWlities from liability, exemptions from laws, ordinances, and rules
and pensions and relief. disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the County and
the FKAh.., when performing their respective functions under this Agreement within the
territorial limits of the COWlt)' and the FKAA, respectively, shall apply to the same degree and
extent to the performance of such functions and duties of such officers. agents, volunteers, or
employees outside the territorial limits of the parties.
1\1onroc CountyTKA.A Draft ILA Sep. 6, 2005 8
19. LEGAL OBLIGATIO:"S AND RESPONSIBILITIES:
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor
shall it be construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance thereof by
any participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility, Further, this Agreement is not intended to. nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the County or the
FKA__A., except to the extent permitted by the Florida constitution, state statute, and case law,
20. ~O~-RELIANCE BY NON-PARTIES:
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the County and the FKAA agree that neither the County
nor the FKAA or any agent, officer, or employee of either shall have the authority to inform,
counsel, or otherv.:ise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or
superior to the community in general. Notwithstanding the preceding language, the parties
hereby designate the State of Florida as a third party ""ith the ability to enforce against the m'o
parties the provisions hereof, based upon the State Auditor conducting management and financial
audits of all sewer programs, past. present, and future, in the Florida Keys.
21. ATTESTATIO~S:
FKAA and County agrees to execute such documents as the County or the FKAA may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
22. ~O PERSONAL LIABILITY:
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of either part)' in his or her individual capacity, and no
member, officer, agent or employee of either party shall be liable personally on this Agreement
or be subiect to any personal liability or accountability by reason of the execution of this
Agreement,
23. EXECUTIOI' IN COU1\TERPARTS:
This Agreement may be executed in any number of counterparts, each of which shall be regarded
as an original, all of which taken together shall constitute one and the same instrument and any
of the parties hereto may execute this Agreement by signing any such counterpart.
Monroe Count} FKAA Draft lLA Sep, 6,2005 9
24. SECTIO~ HEADINGS:
Section headings have been inserted in this Agreement as a maner of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
25. TERM OF AGREE:\-lEI'iT A1'JD TERt\1INATION:
This Agreement shall commence on September 6, 2005, and continue for ninety-nine (99) years,
or until such time as all leases entered pursuant hereto are terminated, whichever shall first
occur. The parties may eject to renew this agreement at the end of its term, as set forth in the
preceding sentence, for a period of ninety.nine (99) years.
26. ASSIGNME~T:
Neither party may assign this Agreement or assign any of its obligations under this Agreement
without the approval of the other party, which approval shall be in \\,Titing and fully executed by
both parties. All the obligations of this Agreement will extend to and bind the legal
representatives, successors and assigns ofFK.AA. and the County,
27. COMPLIANCE WITH LA\\'S:
This Agreement shall comply with the laws and regulations of the United States and the State of
Florida, whether in effect on commencement of this Agreement or adopted after that date.
28. CONSTRL:CTION:
...'
This Agreement has been carefully reviewed by FK;\A and the COL :sJTY. Therefore. this
Agreement is not to be construed against any party on the basis of authorship.
29. :\'OTICES.
Notices in this Agreement, unless otherv.-ise specified, must be sent by certified mail to the
[allowing:
County:
County Administrator
] 100 Simonton Street
Key West, FL 33040
FKAA:
Executive Director
1] 00 Kennedy Driye
Key West, FL 33040
30. FULL VNDERSTANDING:
\-1onroe CountyFKAA Draft ILA Sep. 6,2005 10
--~~.-_...~-- -- -- - - --~ -~~~
This Agreement is the parties' final mutual understanding with respect to any projects
constructed in the future. It replaces any earlier agreements or understandings, whether written
or oral, with respect to any projects constructed in the future. This Agreement cannot be
modified or replaced except in a \\-Titten amendment duly executed by both parties.
31. EFFECTIVE DATE:
This Agreement will take effect on the b12... day of.5;,,/ ,2005.
,
IN WITNESS \\'HEREOF, the parties hereto have set their hands and seals the day and year
first above written,
(SEAL)AITEST:
DANNY L. KOLHAGE
By~
BOARD OF COUNTY COMMlSSIONERSOF
MONROE COUNTY, FLORIDA
By: ~li;, 77~ ~r/5Ll"_/
Mayor
(SEAL) ATTEST:
By:ep~,~~~ L I, .-l~,jA
Clerk
THE FLORIDA KEYS AQUEDUCT
AUTHORlTY .
By: '~ 'r/(~
ChairmanO
Monroe County/FK..o\A Draft ILA Sep. 6, 2005
11