08/17/2005 Agreement Clerk of The
Circalt Count FAX: (305)296-3 3
Danny L.Kolhage Phan (305)296-3663
llemo14 rare um
To: Connie Cyr,Aide to the
County Administrator
From: Isabel C.DeSantis,Deputy Clerk
Date: Tuesday,August 30,2005
At the Regular BOCC Meeting held on August 17,2005,the Board approved the
following:
Interlocal Agreement between Monroe County and the Florida Keys Aqueduct
Authority, Inc. for the creation of an advisory committee and establishment of a process
for provision of wastewater services to County residents.
Attached hereto is a fully executed duplicate original for your handling.
Should you have any questions concerning this matter, please feel free to contact
this office.
Copies: County Attorney
Finance
File ✓
Clerk o (' Coca-Co
012.161 r'AL
INTERLOCAL AGREEMENT
FKAA
THIS INTERLOCAL AGREEMENT is entered into pursuant to Sec. 163.01, 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 County is authorized by Sec. 125.01(1), FS,to provide, assist in providing and
fund centralized wastewater treatment systems;
WHEREAS,Chap,99-395, Sec.6,Laws of Florida,and the County's
Comprehensive Plan require that certain wastewater treatment levels be achieved by 2010, levels which
can best be achieved by central wastewater treatment systems;
WHEREAS,the FKAA is authorized by Chap. 76-441, Laws of Florida, as amended,to design,
construct,and operate,wastewater treatment systems;
WHEREAS, 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, have provided funding to the FKAA for
wastewater projects and shall provide additional funds to the FKAA for the adminishation, planning and
construction of future wastewater projects in unincorporated Monroe County;and
WHEREAS,the County and the FKAA desire to put in place procedures to define the respective
roles of the County and the FKAA in the planning, construction and operation of future wastewater
projects in unincorporated Monroe County;and
WHEREAS,by forming a working relationship through an interlocal agreement,the County and
the FKAA, can effectively and efficiently pool their resources and expertise in wastewater systems,
thereby better serving the citizens of Monroe County;and
WHEREAS, 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 systems in unincorporated Monroe County by 2010;
IN CONSIDERATION of the mutual consideration and premises set forth below, the parties
agree as follows:
1. The County Administrator of the County of Monroe and the Executive Director of
the FKAA shall,on behalf of their respective boards,coordinate the establishment 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 work together to:
a. Develop an implementation schedule, consistent with State and Federal law, and in
conformity with the Monroe County Sanitary Wastewater Plan, for the construction of
wastewater systems in unincorporated Monroe County.
b. Develop a financial plan to fund, in a fair and equitable manner, wastewater systems for
unincorporated Monroe County.
1
Monroe County/FKAA ILA Aug.2005
k1110
c. Develop requests for proposals (RFP) for the procurement of wastewater systems in
unincorporated Monroe County, consistent with the procurement policies of the County and
the FKAA.
d. Develop and staff a RFP Review Committee to review, rank and recommend to the
Monroe County Board of Commissioners and the FKAA Board of Directors the overall
highest ranked firm pursuant to the RFP. This committee shall meet in accordance with Sec.
286.011, F.S.
e. Conduct negotiations, if appropriate under the terms of the RFP, with the firm selected
by the County and the FKAA to reach a fair and affordable cost for a wastewater system.
f. Provide ongoing coordination between the County and FKAA in the construction,
operation,and maintenance of wastewater projects.
g. Provide such other assistance as requested by the County and the FKAA.
3. The County Administrator and the FKAA Executive Director shall meet as necessary to
complete the tasks set forth in this agreement. 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. The Parties agree that all communications and dissemination of information regarding
wastewater projects shall be through the Offices of the County Administrator and the FKAA
Executive Director.
5. The County and the FKAA agree that no Request For Proposals (RFPs) will be published for
wastewater projects in unincorporated Monroe County without the joint approval of the Monroe
County Commission and the FKAA Board of Directors.
6. The County and the FKAA agree that no contracts pursuant to the procurement of any new
wastewater system in unincorporated Monroe County will be signed without 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 establish fair and equitable user fees to
fund the operation and maintenance of wastewater systems.
8. The County and the FKAA agree that many issues will need to be resolved to achieve
wastewater treatment within unincorporated Monroe County and agree that each board directs
its CEO, the County Administrator and FKAA Executive Director, respectively, to work
towards such cohesiveness,and compromise if necessary, to bring solutions to those issues and
make recommendations to their respective boards. The County and the FKAA agree to work
together to seek and obtain Federal and State grants to assist in the funding of wastewater
projects.
9. The County and the FKAA agree that ownership of wastewater infrastructure is an issue that
will need further resolution. Both parties acknowledge that many factors may affect ownership
including the requirements of certain financing vehicles. The County Administrator and the
FKAA Executive Director will weigh ownership alternatives and make recommendations to
their respective boards as to the sole or joint ownership of future wastewater projects.
10. The parties agree that this written document represents their initial mutual agreement and
replaces any prior agreement, resolutions, or understandings in effect on the date immediately
preceding the effective date of this agreement, or communications on the subject matter of the
ageement,whether written or oral. The parties agree that this ILA may be amended, in writing
and duly executed by both parties,with the consent of both parties.
2
Monroe County/FKAA ILA Aug.2005
111110 Ili
I I. This agreement will take effect on the date a copy executed by both parties is filed with the
Clerk of the Courts of Monroe County, Florida.
12. This agreement may be terminated by formal action by one or both parties after 90 days
notification to the other party of such planned action. Formal action shall be defined as a
majority vote by one or both of the respective boards to terminate the agreement. The
responsibility for any joint projects that should exist at the time of termination shall be
negotiated among the parties and established by both the BOCC and FKAA in an agreement in
writing setting forth the conditions thereof.
IN WITNESS WHEROF, the parties hereto have set their hands and seals the day and year
,fjr ed r y.e written.
/*� r \\
/r �,' c I�1>: �.
��s� ` BOARD OF COUNTY
` r F j ,I COMMISSIONERS OF MONROE
\ COUNTY,FLORIDA
,4J/ Jw
ATTEST: Mayor/Chairperson
Danny L. Kolhage, Clerk
By c,<L1,,,i C l_Q;J>A00-17)
Deputy Clerk B- 1 "l- C' ,3
THE FLORIDA KEYS AQUEDUCT
AUTHORITY
(SEAL) '/ � 5' -c�
Chairman
By: l
E
ATTE
_, 412
�.-.I & 007/ems
tr
c
3
Monroe County/FKAA ILA Aug.2005