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Item K1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 17.2005 Division: Baec Bulk Item: Yes No .2C.. Department: BaeC Staff Contact Person: Mayor Dixie Spehar AGENDA ITEM WORDING: Discussion and approval of an interlocal agreement (ILA) between the Board ofeounty Commissioners and the Florida Keys Aqueduct Authority to establisn a process for provision of wastewater services to County residents ITEM BACKGROUND: The County and PKAA nave previously entered into iLA' s for the provision of wastewater services This ILA establishes procedures between the County and the FKAA for the coordination of wastewater projects, request for proposals, contracts, and alternative funding mechanisms PREVlors RELEVANT BOCC ACTION: CONTR4CT/AGREEMENT CHANGES: STAFf' RECOMMENDATIONS: TOTAL COST: :'\JA COST TO COrNTY: NA BUDGETED: Yes SOURCE OF FUNDS: No REVENUE PRODlJCING: Yes \lo AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing .____ Risk Management ____._ DIVISION DIRECTOR APPROVAL: ?tUupt Vt4U S~ (TYPE NAME HERE) DocrMENTA TJON: Included x Not Required_ DISPOSITION: AGENDA ITEM # Reyised 2105 MOllfOC CoulI\y/FKAA ILA Aug. 2005 INTERLOCAL AGREEMENT FKAA THIS INTERLOCAL AGREEMENT is entered into pursuant to Sec_ 163,tlL FS.. by and betwccn Monroe County, a political subdivIsion of the State of Florida. (County), and the Florida Keys Aqueduct Authority. Inc" an independent special district, (FKAA), \\1 HEREAS. the County is authori zed by Sec 12:' 0 I (1), F S, to pro\' ide. assist in prmiding an d fund centralized \\aste\\ater treatment systems: WHEREAS, Chap. 99-395. Sec. 6, Laws of Florida, and the County's ComprehenSive Plan require that ccrtain waste\\ater treatment levels be achieved by 2010, levels which can best be aehien:d by central wastewater treatment systems: WHEREAS. the FKAA is authorized by Chap_ 76-441, Laws of Florida, as amended, to design. constmct. and operate. wastewater treatment s\'stems: WHEREAS. the FKAA and the County have entered Into previous inter/oeal agreements establishing and confirming their ongoing rdationship in providing \\astewater f3{;ilities in the Florida Ke\s: [llld WHEREAS, tht.:: County, b~- adopted resolutions. have proVIded funding to the FKAA for wastewater projects and shall pra\'ide additional funds to the FKAA for the administration. planning and construction of future \Yastewater projects in ullllleorporated Monroe County: and \VHEREAS, the County and the FKAA desire to put in place procedures to definc the respective roles of thl.: County and the FKAA in the planning, construction and operation of future wastewater projects in unincorporated Monroe County: and WHEREAS. by forming a \\orking relatIOnship through an interloca] agreement. the County and the FKAA. can effectively and efficiently pool their resources and expertise III \\astewatl.:r systems. thereby better scrvmg the citizens of Monroe County: and WHEREAS, the County and the FKAA intend to continue tht.::ir cooperation with Governor Bush. the State Cabinet. the Department of Environmental Protection and the Department of Community Affalfs to implement wastewater systems in unincorporated Monroe County by 20 10: IN CONSIDERA nON of the mutual consideration and premises set forth below. the parties agree as foUm\s: I, The County Admilllstrator of the County of Monroe and the E"ecutl ve Director of the FKAA shalL on hehal f of thei I" respective boards, eoordi nate the establ ishmcnl of wastewater systems in unincorporated Monroe County. 2, The County and FKAA. through the County Administrator and the FKAA Executive Director and their staffs. shall worl together to. a, De\e1op an implementation schedule. consistent with State and Federal la\\, and III conformity \\ith the Monroe County Sanitary \Vaste\vater Plan. tor the constmetlOn of \\aste\\ater systems in unincorporated Monroe County, b, Develop a financial plan to fund, in a fair and equitable manner, wastewater systems for unincorporated Monroe Count~ Monroe County/FKAA !LA Aug_ 2005 c, Develop requests for proposals (RFP) for th.: procurement of \vastcwater systems In unillcorporaroo \1onroe Coullty. consIstent ,,'ith the procurement pol1cies of tlu: County and the FKAA. d, Develop and staff a RFP RevIew Committi,;c to review. rank and r.:commend to the Monroe County Board of Commissioners and the FKAA Board of Duectors the overall highest ranked firm pursuant to the RFP. This committee shall meet in accordance ,\'jth 58C. 2Rb.Oll. F,S. e. Conduct negotiations. if appropriate under the terms of th.: RFP. "ith the firm selected by the County and the FKAA to reach a fair and affordable cost for a wastewarcr system, f. Provide ongoing coordination bd\\een the Cowlty and FKAA in the construction. opcration. and mawtcnance of\yastewater proJects, g. Proyide sueh other assistance as requested by the County and the FKAA. 3, TIll: County Administrator and the FKAA E:-.:ecutivc Director shall lllect as necessary to complete the tasks set fOl1h III this agreement The County Administrator and the FKAA Execuri ve DIrector and their staffs shall only serve in theIr customary capacity of fact-finding. professIOnal advicl.' to. and othtr dforts to tun:, our the policies of theIr respective boards 4 The Parties agree that all communications and dissemination of information regarding wastewater proJects shall be through the Offices of the Count~ Adnunistrator and the FKAA [,xccuti ve D I rector, 5. The County and the FKAA agree that no Request For Proposals (RFPs) \vIII be published for wastewat~r projects in unincorporated Monroc County without the joint approval of the Monroe County Commission and the FKAA Board of Directors. 6. The Count~' and the FKAA agn.;e that no contracts pursuant to the proeur.:ment of any ne" \\<1stc\\atl:r system in ulllncorporatcd 1\.10nroe County will be signed \\ithout the joint approval of the Monroe County Commission and the FKAA Board of Directors. 7. The County and the FKAA agree to work together to est.1.bllsh fair and equitable user fees to fund the operation and maintenance of \\aste\\ater systems, g, Tb.: ('ounty :md tht: FKAA agree that many issues \vill need to be resolved to achieve "astewatcr treatment \\ithin unincorporated Monroe Count~ and agree that each board directs its CEO. the County Admll1lstrator and FKAA Executive Director. respecrively. to work to\\ards such cohesiveness, and compromise if necessary. to bring solutions to those Issues and makc recommendations to their respective boards. The County and the FKAA agree to work togcther to seck and obtain Fedcral and State grants to assist in the funding of wastewater projects. l). The C ount:-- and the FKAA agree that o\\tlerShlp of \\astc\\ater mfrastructure is an Issue that \yill need further resolution Both parties acknowledge that many factors may affect o\\nershlp including the requirements of certain financing vehicles The COllnty Administrator and the FKAA Executive Director \\ ill weigh ownership altcrnati\es and make recommendations to thci r respecti \"C boards as to the sole or JOlllt mmcrship of future \\asrewater proj ects 10. The panics agree that tlm \\rinen document r~presents their initial mutual agreement and replaces any prior agreement resolutions. or understandings in effect on the date immediately preceding the dfectin: date of this agreement. or communications on the subject matter of the agreement, whether written or oral. The parties agree that this ILA may be amended. in writing and duly e'\ecuted by both parties. \\ ith the consent of both parties 2 Monroe Count~/FKAA ILA Aug. 2005 II, This agreement will tab: effeet on the date a eop~' e:\eeutcd by both parties IS fi led with the Cluk of the Courts of 1\.lonroc County. Florida 12, This agreement may b;.; teffiIinated by formal action by OIle or both parties after 90 days notification to the other party of such planned action. FomIal action shall be ddll1;.;d as a majority vote by Ol1e or both of the respective boards to term mate the agreement. The responSIbility for any jomt projects that should ;.;xist aL the tim;.; of termination shall be negotiated among the parti;.;s aIld establIshed by both the BOCC and FKA.A in an agreement in writing setting forth the conditions thereof I~ \VITNESS WHEROF, the parties hereto have set then hands and seals the day and year first above written, BOARD OF COllJ\TY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL} By: ATTEST: Dann~ L. Kolhagc, Clerk I\hyor i Chairperson By, Deput~ Clerk THE FLORIDA KEYS AQliEDUCT AUTHORITY (SEAL) B\: Chairman ATTEST; Clerk 4''''''>'::~.c..''., "'~" "":";j!:" .. : .. ~'-,.. . -- ,..----- -- ,"'" ,'., ", ," ( ""-~'-~,.- " ..,,', "':',: .-, '-"'-<,\,' , '. - " " ~~5','~". .. -' Monroe County/FKAA TLA Aug. 200:;