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Item C06 } C.6 `, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting September 15, 2021 Agenda Item Number: C.6 Agenda Item Summary #8618 BULK ITEM: Yes DEPARTMENT: Fleet Management TIME APPROXIMATE: STAFF CONTACT: Tammy Acevedo (305)295-3176 NA AGENDA ITEM WORDING: Amendment to the Project Agreement for Emergency Fuel/Facilities Use between Monroe County Board of County Commissioners, the Utility Board of the City of Key West/ KEYS Energy, Florida Keys Aqueduct Authority, the City of Key West, and the Monroe County School Board/Monroe County School District, providing for emergency fuel/facilities use during an emergency. ITEM BACKGROUND: The County, the Utility Board of Key West/KEYS Energy, the Florida Key Aqueduct Authority (FKAA), and the Monroe County School District entered into an informal alliance in 1998 for the purpose of creating a beneficial association for the joint purchase of services, materials, and equipment utilized in the operation of fleet maintenance and operation. These public agencies then entered into an agreement for Emergency Fuel/Facilities use in 2000. This Amendment is needed to update the facilities listed to reflect the current fuel facility locations of the agencies. PREVIOUS RELEVANT BOCC ACTION: Original agreement was approved at the June 14, 2000, BOCC meeting, Item C-2. CONTRACT/AGREEMENT CHANGES: Amendment STAFF RECOMMENDATION: Approval of Amendment DOCUMENTATION: Amendment Emergency Fuel Agreement Responses Project Agreement providing for Emergency Fuel/Facilities Use 5 2000 FINANCIAL IMPACT: Packet Pg.230 C.6 Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: N/A REVIEWED BY: Daryl Greenlee Completed 08/25/2021 2:48 PM Christine Limbert Completed 08/27/2021 12:04 PM Purchasing Completed 08/27/2021 3:41 PM Budget and Finance Completed 08/27/2021 3:45 PM Maria Slavik Completed 08/27/2021 4:35 PM Liz Yongue Completed 08/30/2021 2:53 PM Board of County Commissioners Pending 09/15/2021 9:00 AM Packet Pg.231 C 6.a AMENDMENT TO PROJECT AGREEMENT PROVIDING FOR EMERGENCY FUEUFACILITIES USE This Amendment to the Project Agreement providing foremergency f el/raciliti s use is entered into on this _ __ day of 2 21, by and between Monroe County Boardof County Commissioners,the Utility Board of the City of Key West/ KEYS Energy, Florida Keys Aqueduct Authority, the City of KeyWest,and the Monroe County School BoardlMonroe County School District. hereinafter referred to as "Project Participants". the Project Participants formed an informal alliance in 1998, forte CD purpose of providinga means for its members to benefit from a joint association of fellow public agencies, including a joint purchasing of services, materials, supplies, and equipment utilized in the operation of fleet maintenance and operation; an the Project Participants entered into a Project Agreement for F er ency FuelFf Facilities Use on May 10"', 20 ("Agreement")establishing access to and use of vehicular fueling facilities owned or operated by the "Project Participants" throughout the Monroe County area and portions of DadeCounty; an e Project Participants* fuel facilities listed in the Agreement needs to be updated to reflect current fuel facility locations and therefore the Project Participant agree t a amend the Agreement to update the fuel use facilities listed in the Agreement as set forth herein; THEREFORE, in consideration oft the mutual promises contained herein,the Project artici pants agree to Amendthe Agreement as follows: 1. Article 3 of the Agreement shall be amended to read as follows: ARTICLE . FUELING TlONS AND SPECIFICS TO USAGE I All parties shall have available to them the following fueling locations: Lu Monroe 3583 S Roosevelt Blvd Key West, FL Monroe County Public Works(By the Airport Y )- unleaded; 5,000 gallons and diesel; 3,000 gallons E 10600 Aviation Hwy Marathon, FL Monroe County Public Works (N.E. end of Airport T )® unleaded; 5,000 gallons and diesel; 3,000 gallons Magnolia S . Key Largo, FL Monroe County Public Works _ unleaded; 5,000 gallons and diesel; 3,000 gallons Monroe County c _ MCSB and 2nd Ave. Stock Island, FL - unleaded; 2,000 gallons and diesel; 2,00 gallons Crane Blvd. Upper Sugarloaf MM 1 .5 (Behind Scool)_ unleaded; 2,000 gallons and diesel; 2,000 gallons 90050 Overseas Highway Tavernier, FL gallons and diesel; 2,000 gallons Amendment o Emergency FuelingAgreement Packet;Pg. 232 C.6.a y Largo Elementary School ` I (Behind the School) - unleaded; 2,000 allons City of Key West • City of Key West Fleet 627 Palm. Ave(KeyWest) Unleaded; Mons, diesel; 10,000 ga IIons and propane; 4 5,000 I bs. • City of Key West Transit 5701 Collage Road(Stock Island) Diesel; 10,000 gallons Keys Energy CO 6900 Front Street Key West, FL (Stock Island) unleaded: 4.000 gallons,diesek 4.000 gallons Inemergency situations,the gate will be open, and the location will be fully manned an able to share fuel Florida ys Aqueduct Authority Lower Keys Garage- 51 l College Road (Stock Island, FL 33 )2,500 gallons Rockland e Construction Yard- I Rockland Way MM 8.5 (Rockland ey, FL 3 4 ) -- 1,000 gallons Marathon Operations(Garage, are ouse, la t)® 615 33rd Street(Marathon, FL E 33 50)4,000 gallons 2 • Rock Harbor Maintenance Yard-,rhunnond Drive MM 99.5 (Key Largo, FL 33 7 ) 6,000 gallons Largo Maintenance Yard- 305 Magnolia Street, MM 100.3 (Key Largo, FL 33 ) 2,500 gallons • Florida City T -SW 192 Ave. & 354' Street (Florida City, FL 3 3 ) 1,000 gallons .2 Each "Project Participant" requires the following o be provided to each a ici ant from the other a iciants), in order to enact the use of another participants fueling acilit (s); 1.) Fueling location(s)to be used E 2. Type of fuel(s) needed and approximate u tities 3.) Approximate amount of timelduration fueling location(s)to be use 4.) Listing of approximate time/day vehicles to use fuel location(s) 5.) Listing of vehicles using fueling location(s) 6.) Issue magnetic cars or keys in order tooperator fuel dispenser (s) 7.) Listing of outside c ractor(s), if any Amendment to Emergency Fueli re nt Packet iPg. 233 C 6.a . In all other respects,the Agreement dated May 10, 2000 shall remain in Ball force an effect. IN WITNESS WHEREOF, each party hereto has caused this contract to be executed } its duly authorized representative. (SEAL) BOARD OF COUNTY ATTEST: Kevin Madok, Clerk COUNTY, FLORIDA Y` As Deputy Clerk Mayor Michelle Coldiron NROECPM OUNTY D AS Y W Date: CHRISIMMUMBUT-DARROWS TE Lu THE REMAINDERTHIS A INTENTIONALLY T BLANK � Amendment o Emergency Fueling Agreement Packet iPg. 234 C 6.a fl OF KEY WEST, FLORIDA (SEAL) ATTEST: Cheri Smith, City Clerk y: Mayor Jerk 03 m THE I THIS PAGEINTENTIONALLY LEFT BL LL LU Amendment to Emergency Fueli ree ent Packet iPg. 23!5 FLORIDA KEYS AQUEDUCT AUTHORITY ATTEST: FKAA CLERK By; clerk Kerry Shelby. Executive Director Date: ............... ................. E U- THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK E E CD U- E w E E E Amendment to Emergency Fueling Agreement Packet Pg. 236 C 6.a UTILITY ATTEST: ENERGY KEYS ENERGY . _.. ______,._ ,,,,ar, ple — - ne°C a, ee I as er&CEO Date: THE A( F THIS PAGE INTENTIONALLY LEFT BLANK CD Amendment to EmergencyFuellng Agreement Packet iPg. 237 i MONROE COUNTY SCHOOL DISTRICT ATTEST: Clerk Chairman E Date: u- THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK E E atlacbd u- E E E E Amendment to Emergency Fueling Agreement Packet iPg. 238 C.6.b From: MEMEMENEEMEMEMENIM Jason Thomason <jaso .tho ason keysschools.co > Sent: Monday, August 23, 221 6:18 A Acevedo-Tammy Subject: : Emergency Agreement CAUTION:This email originated from utsi of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Good morning, Indeed, we intend to approve. It is currently being reviewed and will be added to the next board meeting. Tank you, have a great ay! Only the best, Jason Jason Director of Tronsp daflon fn c.Fls=.(,oguw f ,., .. ..,. ,� ,n 7k �a La 'Y_ � �husrls„ w:�t ama From:Acevedo-Tammy< ceve o- a y onroecnty- l. ov> Sent: Friday,August 20, 0:0 A Jason Thomason<jason.tho ason keysschools.co > c:Greenlee-Daryl e reenlee- aryl onroeCoty- L. ov> Subject: RE: Emergency ree ent m Good morningJason, Have you had an opportunity to review the attached? I understand this may require your boards approval as well. I you intend to approve, can you reply to this email indicating such. Thank you From:Acevedo-Tammy Monday, August 16, 201 : 6 A 'Jason.T o a son@ KeysSchools.co ' <Jason Thomason@ KeysSchools.corn> c:Greenlee-Daryl < reenlee-Daryl _ onroeCounty-FL.Gov> Subject: Emergency Agreement r, Thomason, I apologize. I forgot to also attach the amended "Emergency Fuel Agreement"for your approval and signature as well. 1 Packet;Pg. 239 C.6.b From: Christine M. Malsheimer <cmalseier aa.com> Sent: Thursday,August 19, 2021 :35 PM Acevedo-Tammy c: Peter Gomez Subject: E:Amended "Emergency Fuel Use" agreement CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. i Tammy; This is going to go in front of AA's board September28th ; if approved I will send you the signed ocumet at that time.Thank you. Sincerely, Christine Malsheimer Water Operations Administration Supervisor m Fboria Keys Aqueduct Authority PO x 5293 I Key West I FL 33045-5293 5 P 15) 29 -212 cmalsheimerC fkaa.com .` k` y From: Acevedo-Tammy<Aceve o-Ta oroecouty-fl. ov> Sent:Thursday,August 19, 202110:03 AM To: Peter Gomez< o e fk .co >; 'j aIIon @cityofkeywest I i. ov'<jf a IIon city fkeywes - 1. ov>; Christine alshei er<c alshei er fkaa.co >;jack. etzier ke senerg .co ; nick.batty<nick.batty@ keysen r y.co > c:Greenlee-Daryl < reenlee-Daryl@ MonroeCoumy-FL. ov>; Stoughton-Tapia<Stou ton-Tanis onro County- < L. ov> Subject. Amended "Emergency Fuel Use" agreement importance: High Good morning All, I understand that you may have to get board approval for the attached amendment. owever, if you plan to approve could you respond o this email that you do intend to approve the agreement at your next board meeting.This will be sufficient for me to place the agreement on our agenda in September.The agenda deadline is August 3 , 2021. if you have any questions, please feel free to contact us. Thank you 1 Packet;Pg. 240 C.6.b Acevedo-Tam z John Fallon <jfallon cityofke est-fl.gov> Sent: Thursday, August 1 , 2021 10:09 AM Acevedo-Tammy Subject: E: [EXTERNAL] E:Amended "Emergency Fuel Use" agreement CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Yes we plan to approve. John From:Acevedo-Tammy< ceve o-Tammy@ mo roe conty- l.gov> Sent:Thursday,August 19, 01 1 To: 'pgomez@fkaa,com'<pgomez@fkaa.com>;John Fallon<j a lion@ cityofke west-fl. ov>; c is ei r f a .co ; j c .wetzler keysener y.co ; nic .batty<nick.batty@ keysener y.co > Greenlee-Daryl < reenlee-Daryl onroeCounty- L. ov>; Stoughton-Tani <Sou hto -Tanis onroeCounty a, L.Gov> y Subject: [EXTERNAL] : Amended "Emergency Fuel Use" agreement � Importance: i CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. E uJ Good morning All, I understand that you may have to get board approval for the attached amendment. o ever, if you plan to approve could you respond to this email that you do intend to approve the agreement at your next board meeting.This will be sufficient for me to place the agreement on our agenda in September.The agenda deadline is August 31, 2021. If you have any questions, please feel free to contact us. Thank you Acevedv {{ 4" fty I n # Monroe Fleet n n 3583 S. Roosevelt Blvd West,Key FL 33040 Office:305-292-3571 Celt:305-394-5215 305-292-3529 1 Packet iPg. 241 CAXAA PROJECT AGREEMENT PROVIDING FOR EMERGENCY FUELlFACILITIES USE This Project Agreement Providing for Joint Emergency Fuel/Facilities Use, is entered into this /( A day of 2000, by and between the Utility Beard of the City of Key West, Board f County Commissioners of Monroe County, Florida Keys Aqueduct Authority, the City of Key West, and Monroe County y School Board, hereinafter"Project Participants". WHEREAS, the "Project Participants'" formed an informal alliance in 1998, for the purpose of providing a means for its members to benefit from a joint association of fellow public agencies, including a joint purchasing of services, materials, supplies, and equipment utilized in the operation of fleet maintenance and operation; and WHEREAS, the "Project Participants" now desire to formally ranter into an CD agreement so that the "Project Participants" can benefit from the savings possibleCD through this joint purchasing; and, LO WHEREAS, Chapter 163, Florida Statutes, known as the "Florida Interlocal y Cooperation Act of 1969" ("the Act"), specifically provides that its purpose is to "permit local governmental 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 thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities"; and, WHEREAS, Sec. 163.01 (4) of the Act further provides that "a public agency of this state may exercise jointly with any other public agency of the state ... any power, privilege, or authority which such agencies share in common and which each might LU exercise separately"; and, 0 WHEREAS, Sec.163.01 (3) of the Act defines a "public agency" to include a county and a school district, a city, and single and multipurpose special districts; and, 2 WHEREAS, the "Project Participants", pursuant to this Act, desire to enter into this Interlocal Agreement ("the Agreement") for the purposes, and upon the terms and conditions, described below, believing that this Agreement will allow each agency to make more efficient use of services necessary to, common to, or available to each agency. NOW, THEREFORE, in consideration of the mutual benefits derived from the Project by each, the parties do hereby agree as follows: CL rVI 2016 Packet Pg.242 C 6.0 ARTICLE 1. PURPOSE OF AGREEMENT 1 A The purpose of this Agreement is to establish and define the respective duties and obligations of the "Project Participants" under this Agreement relative to access to and use of vehicular fueling facilities owned or E operated by the "Project Participants" throughout the Monroe County area and portions of Dade County. 1.2 The intent of this Agreement is to provide availability among the parties of y each other's fuel and fueling facilities during an emergency or as otherwise agreed upon. 1.3 An "emergency" is defined as any occurrence (or threat thereof), whether natural, technological, or manmade, in war or in peace, which results or may result in substantial harm or injury to the population, or substantial damage or loss of property. The term also means an unexpected turn of `" events that cause an immediate danger to the public health or safety, an immediate danger of loss of public or private property, or an interruption LO as the provision of an essential governmental service. ARTICLE 2 PAYMENT/REIMBURSEMENT 2.1 "Project Participants" shall each charge and pay its pro rats share of all expenses incurred in the administration and implementation of this project agreement 2.2 The "Project Participants" shall invoice each party for such expenses and the amount of fuel used by a party at another party's fueling location and said invoice shall be paid within thirty (30) days of the date of receipt of such invoice. C ARTICLE 3. FUELING LOCATIONS AND SPECIFICS TO USAGE C 3.1 All parties shall have available to them the following fueling locations. City Electric System — 5900 Front Street— Extended, Stock Island (Garage) one (1) fueling station — unleaded., 4,000 gallons and diesel; 4,000 gallons (Manned facility) City of Key West- CL Key West Department of Transportation 627 Palm Avenue, Key West one (1) fueling location — unleaded; 8,000 gallons, diesel;10,000 gallons and propane; 45,000lbs. (Manned facility) Packet Pg.243 C.6.0 (FUELING LOCATIONS AND SPECIFICS TO USAGE— CONTINUED) Florida Keys Aqueduct - (8) eight fueling locations (Manned sites) 1.) Florida City Plant SW 192 Avenue & 3541h Street— unleaded, 1,000 gallons 2.) Key Largo Garage Thurman Dr., Mile Marker 99.5, Rock Harbor— unleaded; E,000 gallons y 3.) Tavernier Maintenance 91620 Overseas Highway— unleaded; 1,000 gallons 4.) Islamorada Maintenance (Unmanned site) Mile Marker 82 — unleaded; 1,000 gallons 5.) Marathon Garage 615 33`d Street, Gulfside — unleaded 5,000 gallons iv 6,) Lower Keys Garage 5101 College Road, Stock Island -- unleaded 2,500 gallons `" 7.) Key West Plant 310 Southard Street— unleaded; 1,000 gallons LO Monroe County 1.) Main Garage 3583 S. Roosevelt Blvd., Key West (By Airport) — unleaded; 5,000 gallons, diesel; 3,000 gallons 2.) 10600 Aviation Blvd LL Marathon (N.E. end of Airport) — unleaded; 5,000 gallons, diesel, 3,000 gallons LL 3.) 186 Key Heights Drive, Plantation Key (Behind Sheriff's Substation) - unleaded; 8,000gallons, diesel; 3,000gallons School Board LU 1.) Main Garage 0 241 Trumbo Road, Key West — unleaded; 2,000 gallons, diesel; 2,000 gallons 2.) Sugarloaf Elementary School Crane Blvd., Upper Sugarloaf MM19.5 (Behind School) - unleaded, 2,000 gallons, diesel,- 2,000 gallons 3.) Key Largo Elementary School Mile Marker 105 (Behind School) - unleaded; 2,000 gallons, diesel; 2,000 a, gallons 3.2 3.2 Each "Project Participant" requires the following to be provided to each participant from the other participant(s), in order to enact the use of another participants fueling facility(s), CL 1.) Fueling location(s) to be used E 2) Type of fuel(s) needed and approximate quantities 3.) Approximate amount of time/duration fueling location(s) to be used 4.) Listing of approximate time/day vehicles to use fuel location(s) 5.) Listing of vehicles using fueling location(s) 6.) Issue magnetic cards or keys in order to operator fuel dispenser(s) 7.) Listing of outside contractor(s), if any Packet Pg.244 C.6.0 ARTICLE 4, ENTIRE AGREEMENT 4.1 It is hereby understood and agreed that this document contains the entire agreement between the parties and that the parties are not bound by any stipulations, representations, agreements, or promises oral or otherwise, E not contained in this Agreement. ARTICLE 5 EFFECTIVE DATE y DURATION OF AGREEMENT 5.1 This Agreement shall become effective upon execution by at least two (2) of the "Project Participants." 5.2 For other"Project Participants", this agreement shall become effective for that Project Participant upon the date of execution by that Project '✓ CD Participant. CD CD 5.3 This Agreement shall remain in effect during the time in which at least two a (2) "Project Participants" have not withdrawn or cancelled participation under this agreement". ARTICLE 6. RESCISSION OR TERMINATION OF AGREEMENT 6A A "Project Participant" may withdraw from this agreement by written notice to all parties upon sixty (60) day's notice. Within thirty (30) days of withdrawal, the withdrawing Participant shall pay the total amount due to the other"Project Participant(s)" ARTICLE 7 SUB-COMMITTEE 7.1 The "Project Participants" shall appoint a Fleet Sub-Committee. The Fleet Sub-Committee shall be responsible for creating the terms and conditions of interagency use of fuels and fueling facilities between the parties. These terms and conditions shall be reduced to writing, attached to this agreement, and provided to each "project Participant". Failure to object a) to any term of condition by a "Project Participant" within thirty (30) days of 2 CD receipt, shall be deemed to be approval and acceptance by Project Participant. ARTICLE 8. RELATIONSHIP OF THE PARTIES 8.1 The "Project Participants" may meet from time to time to make E recommendations of other business, as may be deemed necessary to implement this Project Agreement, and shall act in conformity with Florida Sunshine Law, Chapter 286, Florida Statues, as applicable. Packet Pg.245 C 6.0 8.2 A "Project Participant" will, at its discretion, provide the necessary personnel, including "Project Participants" staff and consulting and legal assistance, to collect and analyze all relevant and available data pertinent to this Project Agreement and to implement its provisions. ARTICLE 9, DISPUTES 9.1 All disputes arising from participation in this Project Agreement, which y cannot be resolved through negotiation, shall be submitted to the Interagency Combined Operations & Purchasing Steering Committee of the "Project Participants" for resolution. The committee consists of one member appointed by the governing board or administrator of each "Protect Participant". CD ARTICLE 13, MODIFICATIONS TO THIS PROJECT AGREEMENT CD LO cv 10.1 This Project Agreement may be modified or amended at any time by y unanimous consent of the parties. All modifications or amendments must be evidenced in writing and approved by each "Project Participant's" governing board. ARTICLE 11. COOPERATION 11.1 "Project Participants" agree to the extent required by another party, to participate in all proceedings, hearings, processes, meetings, and other activities related to the provisions under this Agreement in the event any administrative or legal proceeding is instituted against the other party relating to the formation, execution, performance, or breach of this Agreement. ARTICLE 12. CODE OF ETHICS 12.1 "Project Participants" agree that each agency's respective officers and employees recognize and will be required to comply with the standards of 0) conduct for public officers and employees as delineated in Section 2 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use cif certain information. CL ARTICLE 13, SEVERABILITY 13.1 In the event one (1) or more provisions of this Agreement are declared invalid by a court of competent jurisdiction, the balance of this Agreement shall remain in full force and in effect. Packet Pg.246 C.6.0 ARTICLE 14. NON-WAIVER OF IMMUNITY 14.1 Notwithstanding the provisions of Section 768.28, Florida Statutes, "Project Participants" in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local 0) government liability insurance pool coverage shall not be deemed a 2 waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the "Project Participants" be required to contain any provision of waiver. ARTICLE 15. PRIVILEGES AND IMMUNITIES 15.1 All of the privileges and immunities 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, CD agents, or employees of any public agents or employees of the "ProjectCD Participants" when performing their respective functions within the `V LO territorial limits for their respective agencies shall apply to the same y degree and extent to the performance of such functions and duties of such officers, agents or employees extraterritorially under this Agreement. ARTICLE 16. LEGAL OBLIGATIONS AND RESPONSIBILITES• NON- DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES 16.1 This Agreement is not intended to, nor shall it be construed as, relieving any participating agency from any obligation or responsibility imposed upon the agency by law except to the extent of actual and timely performance thereof by any other participating agency, 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 participating agencies, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapter 163, Florida Statutes. ARTICLE 17, NON-RELIANCE BY NON-PARTIES 17.1 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, activity or program contemplated hereunder, and the "Project Participants" agree that no participant or any agent, officer, or employee of a participant shall have the authority to inform, counsel, or otherwise indicate that any particular CL individual or group of individuals, entity or entities, has or have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Packet Pg.247 C 6.0 ARTICLE 18. NOTICES; INVOICES 18A All notices, correspondence, and other written communications relative to this Agreement shall be considered delivered when posted by certified mail, return receipt requested; delivered in person to the appropriate 0) agency representative; or upon confirmed electronic receipt by tele- 2 CD copier/tele-facsmile or electronic mail. Appropriate agency representative shall mean. "any member of the Fleet Sub-Committee". n ATTICLE 19. AGREEMENT APPROVAL. 19.1 This agreement will take effect when a fully executed copy is filed with the Clerk of the Circuit Court of Monroe County, Florida. Monroe County: CD CD Shirley Freeman LO Name 5100 College Road APP N Rp Address a As to r Key West YL 33040 DArc RrN' z City:_State, Zip Code_ LU (305) 292-3430 Telephone No./Fax No. C E-Mail Address Monroe County School Board Andy Griffiths s Name CL 241 Trumbo Road Address Fey West, F1 33040 City, State, Zip Code Packet Pg.248 C 6.0 (305) -493-144/ (305) 293-1.408 Telephone No./Fax No. rto-nrcc�.k32 �l.0 � E-Mail Address e( Cit Electric System f Name /ooi T� s STCD Address eV LO w Cit Slate, Zip Code = Telg hone No./Fax No. e ec-l►-iC.(20 E-mail Address LU City of KeV West Name Address CL City, State Zin Code Telephone No./Fax No. Packet Pg.249 C 6.c E�-Mail Address Florida Keys Aqueduct Authorit)(/" �.,. Name 4 � Address City, StAte %nZip Code ` N LO w a� Telephone No./Fax No. F-Mail Address C CL Packet Pg.250 C.6 c PROJECT AGREEMENT PROVIDING FOR EMERGENCY FUEUF'A91LITIES USE This Project Agreement has been executed and entered into upon the dates indicated below. CITY OF KEY WEST y Title: E E CITY ELECTRIC SY$?'EM N LO Title: C N- U kf .2506gp a Key was r- Date: S a FLORIDA KEYS AQUE©[lCT AUTHORITYLL RECEIVED E ,° SEP 8 2000 Tale: Date: EXECUTIVE OFFICE MONROE COUNTY SCHOOL BOARD 2 E Title: Date: z MO I fjOE COUNTY_-,.F. CL Title: : Date: ID,As R Packet jPg. 251 „rM