Item C25BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 15, 2012 Division: Public Works/En ineering
Bulk Item: Yes X No Department: Engineering Services
Staff Contact Person/Phone #: Judy Clarke X4329
AGENDA ITEM WORDING: Approval of fourth amendment to Traffic Signal and Street Light
Maintenance Agreement with Keys Energy Services, Inc. (KES) to clarify the effective date for
compensation of Keys Energy Services.
ITEM BACKGROUND: KES is Monroe County's maintenance contractor for traffic signals in the
Lower Keys. Prior to Monroe County receiving a stipend from FDOT to maintain the traffic signals
KES provided maintenance services for $100 per year. The Maintenance Agreement was previously
revised to provide 50% of the stipend that Monroe County receives from FDOT to KES (Amendment
Two dated April 2011). This amendment clarifies the effective date for compensation.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved the Traffic Signal and Street Light
Maintenance Agreement with City Electric System (CES) in December 2000; BOCC approved first
amendment to the Traffic Signal and Street Light Maintenance Agreement in April 2001. BOCC
approved the Traffic Signal Maintenance and Compensation Agreement Contract #A-PP06 with FDOT
in May 2010. BOCC approved amendment two to the KES agreement on April 20, 2011. BOCC
approved amendment three to the KES agreement in May 2011.
CONTRACT/AGREEMENT CHANGES: Clarify binding contract numbers between KES and the
County with respect to current and previous Maintenance and Compensation Agreements between
FDOT and Monroe County; clarify effective date of compensation to KES to be July 1, 2009.
STAFF RECOMMENDATIONS: Approval as requested above.
TOTAL COST: $3,195.31 INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: 0 SOURCE OF FUNDS: FDOT
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing I Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
MON OE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Keys Energy Services
Contract Purposeesefiption:
—Amendment lent four clarifies the current and
and Cow -jAgreeMgjLthMMeenFDC
Contract #
Effective Date:
apiration Date:
date Of compensation of KES to be July I, 2009.
12/13/2000
ious contract numbers of the Maintenance
Monroe County and clamn"fies effective
Contract Manager: judy Clarke 4329 En 'eerie #1
(Name) (Ext.) {Department/Stop #)
for BOCC meeting on 2/15/2012 Agenda Deadline: 1/31l2012
CONTRACT COSTS
Total Dollar Value of Contract: 39195.31 Current Year Portion: 39195.31
Budgeted? YesEl No ® Account Codes:
Grant: 3,19 .31
County Match: 0
ADDITIONAL COSH'`
Estimated Ongoing Costs: 1yr Fort
(Not M" Cluded in dollar value above) (e . maiatena } utilities, janitorial, safaris, etc,)
CONTRACTREVIEW
Changes bate Out
Date In Nmdo
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Divi s iun Director 14- 60-0461 Yes[:] N[:] N
y x
Risk
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County Attorlley 1YesE] oPi
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Comments:
nIUM
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AMENDMENT FOUR To THE
TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE AGREEMENT
THIS FOURTH AMENDMENT to the agreement is entered into this day of
, 2012, between MON OE COUNTY, FL, a political subdivision of the State of
Florida (County) and KEYS ENERGY SERVICES, INC., a govemmental corporation (KES).
WHEREAS, the parties entered into an agreement on December 13, 2000, as amended on April 18,
001, April 20, 2011 and May 18, 2011 for traffic signal and street light maintenance,, and
WHEREAS, this amendment will clarify binding contract numbers between K-ES and the County
in respect to Contract A-PP06 and EIS- 75 between Florida Department of T'ransportation(FDOT)
and. the County;
WHEREAS, this amendment will revise the effective date for compensation to KES that includes
service dates congruent to FDOT's fiscal year 010;
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree that the
agreement shall be amended as follows:
1. Section 3 is amended to read
The County shall pay KES 50% of the compensation received from FDOT for signals within
the KES service area under Contract No. A-PP06 and preceding contract EI3- 7 ; payment
shall be rude for the preceding year (Julyl to June 3 o) on or before June 0th of each year
this agreement remains in effect.
. Section 4 is amended to Bread:
This Amendment is effective retroactively to July 1, 2009
3. In all other respects, the original agreement and amendments, not inconsistent herewith,
between the parties remains i n full force and effect.
The parties have hereunto respectively execrated and sealed this Agreement on the date as set forth
below.
(SEAL)
Attest.- FANNY E . KLHAE, CLERK
E:
Deputy Clerk
(SEAL)
Attest.,
E3. 52U I
Executive Assistant to the Utility Board/
General Manager /CEO
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
IB
Ma or," hairman
KEYS ENERGY ERVI E , Inc.
General Manager/CEO
i o„�
Date 3
AMENMMENT THREE TO
TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE AGREEMENT
This amendment to agreement is made and entered into this day of
- ftl Q1L , 2011, between MONROE COUNTY, FLORIDA, a political subdivision
of the Stafe of Florida (County) and KEYS ENERGY SERVICES, INC., a governmental
corporation (KES), in order to amend the agreement approved by the County on December
13 a 2000 and amended on Apri118, o01 and April 20, 2011 as follows:
The following is added to the Agreement. -
Keys Energy Services, Inc. agrees to utilize the U.S. Department of Homeland Security's E-
verif y system, in accordance with the terms governing use of the system, to confirm the
employment eligibility of:
1. All person employed by Kegs Energy Services* Inc. during the term of this Agreement to
perform employment duties within Florida; and
. All persons, includincr subcontractors* assigned by Keys Energy Services, Inc. to perform
work pursuant to this Agreement.
In a] I other respects, the original agreement and amendment, not inconsistent herewith,
between the parties remains in full force and effect,
-z
ave hereunto respectively executed and sealed this Agreement on the date as set
- B O it OF COUNTY COADOSSIONERS
- _ ICY L. KOLHA E, Clerk of MONROE COUNTY, FLO A
Ir1.
,fl . NY
ylir W 7
- l y F �• .
Deputy Clerk Mayor/Chairman
Date: . /
(Seal)
Attest:
C7'aW&
By:
Title:
Date:
KEYS ENERGY SERVICES, INC,
By-4
97n
Title: -Gcd I CED
TO FORM
BARROWS
4nS*'t- 1PVr S
OCH 1:%:-e! f NA. Q-IMBE-RT-BARROW
} -SSt TAi--JT CouN"'rY ATTORNE
Date .
I
AMENDMENT TWO To
TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE CE AGREEMENT
This
ar endment to agreement is made and entered into this day of
s2011, between MONROE COUNTY, FLORIDA, a political subdivision
of t&e State of Florida (County) and KEYS ENERGY SERVICES, INC., a govermnental
corporation (KES), in order to amend the agreement approved by the County on December
13, 2000 and amended on April 18, 2001 as follows.
1. City Electric System (CES) is amended to read Keys Energy Services, Inc. (KES),-
. Section I a) is amended to read.
ES small maintain the traffic signals, flashing fire station signals, flashing signs and street
lights located within the unincorporated portions of the ICES service area, for which Monroe
County is responsible for providing maintenance} the maintenance services must be provided
in a reasonable, prudent and timely manner. Maintenance services skull include, but not be
limited to activities consistent with the International Municipal Signal Association (RdSA)
Traffic Signal Maintenance Handbook, the Manual on Unifori-n Traffic Control Devices
(MUTCD) and applicable portions of the State of Florida Department of Transportation
Traffic Signal Maintenance and Compensation Agreement with Monroe County} Contract No.
A-FF06* a copy of which is attached.
3. Section (1 b) is amended to read.
The County shall pay 1 E 0% of the compensation received frorn FDOT for signals within
the KES service area under Contract No. A-FF06; payment shall be made for the preceding
year (July 1 to June 30) on or before ,Tune 30`h of each year this agreement remains in effect.
4. This Amendment is effective retroactively to May 21, 2010.
In all other respects, the original agreement and amendment, not inconsistent herewith,
between the parties remains in full force and effect.
The parties have hereunto respectively executed and sealed this Agreement on the date as set
forth below.
(SEAL)
�kttest-! DANNY L. I OLIiA E Clerk
X. -'
Deputy Clerk
Date: 414.0 12,0 11
BOARD of COUNTY COMMSSIONERS
OF MONROE COYNTY, FLORIDA
By: # I
Mayor/Chairman
(Seal)
Attest.
By: _
]date:
KEYS ENERGY SERVICES, INC,
Title -.cob
APPR r 1-8 TO FORM:
CHRIS"TINE fly. LIr,IBERT_BARROWS
ASSISTANT COUNTY ATTORNEY
t$ r�,�
CLERK'S ORIGINAL
Amendment to Agreement
(TWf ic Signal and Street Light Mainteiance)
This amendment to agreement is made aril entered into #his � gA day of
2001, between MUNROE COUNTY, FLOFaDA., a political
subdivision of the State of Florida (County) and CITY ELECTRIC SYSTEM, a
governmental corporation (CES), in orrcfeer to amend that certain agreement
approvoed by the Comrty on hecember 13, 2000, as follows:
1. Sectiom 5 is amn d to read as followin.
"The initial tents of this agraemerrt is from Jammy It 200E wrti{ September
30, 2001 with automatic renewnl on October ! of each year after 2001,
unless either party notifies the other in writing on or before Juh►1 of its
intent not to renew the agreemen# as of October !st "
Z. In ail other r¢spects, the originol agreement between the pasties remains in
full force and effect.
ii ■ 1 it fA an irE41=liYl 1a- L.
? FJQVIS FWJWn1FjP VWTIF9 F
blom
ueputy crerK
{seorl)
Attest:
BOARD OF CQUNiY COMMISSIONERS
Of AA"OE COUNTY, FLORIDA
BY.
Noyorcndr,non
CITY ELECTRIC SYSTEM
ey.
ritle Title DIV
AMOVWAAMS O.
i
AGREMMM FOR TwaMc SIGNAL allo s�ET Hr MAINMaNce
TI+iIS AGREEMEW is ent+er_d INS this OYA
i �y � � . �4�, by
And between MONRflF COUNTY, s �301 sub�viaian of the Stafie of Ffonkla,
wrme adarea Is Put& sarvjoe eulft, 5100 came tea, Key Week �
33040 � C ld, LtCITY ELECTRIC SYSTEM. a gavemreienlal
oorpo aeafed by a special act of the Stow leg rev�hose address is
1001 Jamey +eet. Ksy WsK 11133O40 CF81.
�"I�s, toCOY Is� � n�sintafni� cerlafn Va c signal end
stet on Slick Island and 199 Piny, Floridan and any Use iraft sigras
or stnast lights that ms added wii* the CAS savioe area, and
WH�iEAS, CES reRreser�s that it �S p�qmsstt}rpoy and te�xt�Cagy c pf
rt timig to islKW and 8{g Pine traffic signals and �t lghts ark
OW fiftne traHfc *rmb or sMO 191ft itW may be added duhm to do sa; now
thMefam
IN CONSIDERATION of the rri I k" twffi mow, to
@9fwn '
}
1. aj CiL$ Shale Wfim C6Qby ft Caft, I - III - 1 111 fhe ftfAC etf1i�18 �
8h8� lk#ft 0�'1$�i0k ll�Ild 8�1d Big Piro., The ftM Suf'18�8 �d
sdreet lig�its U�at s�+e t+� be rr�r�sl�ed pursuant to this aar�snt �+e mope
psr�c�la�iy d in It A which Is saschgd to 1his Agrewnent �xt
mpe a pert of IL Me mab"nsrM �erWoes must be pro�vide� in a
rea�oRable, prudent and timely
b]'I'he COUNTY aW pay CES $100 per "or kw this main�enanca sorvioe
dnxftd in ettpara9Is] in advarm on or before Janusty 10 of each
der this agr mlnt reins in
2. CE.9 agrees to lbmieh tla party wd Nrbw crecgooary to perfiorm ire
mah�enar�ce services mad in �u�pata1.capdt 181at no acfdlElorrai cost
beya�d the Prior se�iorlh to su�ragraQh �bj. Ex+�pt� ha�rew, the
COUNTY wry reimburse CES ids �t M pip ing acid iron of Polar.
Foundafilon� j Carttroaers, 34�ats Pleads, Corcducfior�s ,Candu
ft and
IC
mm-1210
s�th nk end any addkiata[ equipment or matewtai
request of fhe COUNTY.,In add to be
reimbursed CES mist provide an invoice its cast in a fomnat
asdsry to the county Clack Of the Clmuft Cairt.
3. aj CES's mai*nmce resgonsibilties under this agreement do not include
any aWigation io conatn-ct new iacilidm or iv Fume any IEabilily or
responsibft for the cmnW of traffic, e6rm Apt as required to prnv�de the
mair�er�rruae senrlces requirod by subp�agraph 1al. Neither does CES have
anY res�ons�ii�ty iar ma�dnQ dedsio�s� judgmeft, or planning, reganding
traffla safely, loca&M of i s signals, and street ligins, the kinds and types
of sum denrWsd purchased by ft County, oompuber IL- and software
W opM such eq—ipment� � any other rt_#6ara that he wHtin the tomes and
obligafiions of the County as a ga�emmet��ty eMtof�lp �rotact 1F�e t�asth
safety,and w�elf�re of the dthe�s of Monroe County encl the barreling public.
CES is respor.bls #or lianoe wft standard trailc proosd, required
bymaintenanae se�loes �age�Ired t�Y srtment of �ubPara�Ph 9a]��ng the
bj in this agmemnt may be conshusd to reduoa the o6liga�ti�on of the
County to provide for the operatfon of the b�i�ic s�na�s and street lights and
OW ep aqY free that CAB. by entering Endo this Agr+eement� does
trot and is not �kgafe� to assume any res i�ty for the
opera�cn and control a1 the signets and Nghbs.
a. Tne pies to this as each is a agency as
dined by FlorWa Mftke and neprmenis to the alher that it has Pwdmmed
e�dt�ble PublicLfe�hiQty, Ve�tfole Llabil�y, amWorlc9^8'm Copn
insuranoe, or inset -insured, in atjft eaegumft to respond to arty ana an
claims wHhln the Ilrt2b6AS s or FS 76628 and 440, out of the acdviHes
Gorremed by this ag"Mnerrt.
Each pwty sitaA be ma le for any acts of negligetm on the part of its
emp10Yess. agents, contractgrs and subcoAm shop deiend,
�rify wd hold the other p$rly f�aRnless firm au claims arising out of
such acdm to *a ex#M authored by FS 766.28
5. The #nitilal arm of this a0rewnent is irom January Is 2000 f Ser
30.2001 with auManafic renenW an Oobaber 1 s of eech year 1 unless
eitFwr party notl8ea the other in writing on or before July 1 of ft hbent M to
renew the agreement as of October 1.
6, This is #W en*e agmewmd beftom the pafteo an
wMan agummuffft or negodations, no a n Wmadon or
rmeM to this t sW be valid unlom the sme be redudto
coned by the pefts her#c.
Fj.
This agreement shah be biding at to successors and assigns of the
s�s�ve Parties, and shall be cc�sbued is a�ordanwiEh Use
laws of the S'ffite of Florida, and shag be kterprftd wi![wat regard to
ve dIL
[SEAL]
ATTEST:,
hw0b have set their handB seats
aftn*
BOARD OF COUNTY COMMISSIONERS
h-
ey
MayoNChairpersan
CITY ELECTRIC SYSTEM
Title—e,e�] A4& aA -.0
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