Item I06 1.6
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
April 19, 2023
Agenda Item Number: I.6
Agenda Item Summary #11888
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200
N/A
AGENDA ITEM WORDING: Approval of Keys Energy Underground Extension and Inspection
Agreement Line Extension 4891 in the amount of$60,287.51 for 550 linear feet of extended energy
services for the Concourse A Terminal and Improvements program at the Key West International
Airport, to be funded from Airport Operating Fund 404.
ITEM BACKGROUND: This electric service request provides a Standard Primary Underground
Extension and Inspection Agreement and a site layout of the line extension required for Concourse A
Terminal and Improvements program. The work includes underground line-three phase, riser pole-
three phase, faulty indicator, red dye and tracer wire, other general materials and inspections.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
new agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
EYW-KEYS Line extension agmt LE4891UG
FINANCIAL IMPACT:
Effective Date: Upon Execution
Expiration Date:
Total Dollar Value of Contract: $60,287.51
Total Cost to County: 0
Current Year Portion:
Packet Pg. 1595
1.6
Budgeted: Yes
Source of Funds: Airport Operating Fund 404
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: Yes (will be submitted prior to starting work)
Additional Details:
02/15/23 404-63001 - KEY WEST AIRPORT O & M $60,287.51
REVIEWED BY:
Beth Leto Completed 04/03/2023 12:42 PM
Richard Strickland Completed 04/03/2023 5:03 PM
Pedro Mercado Completed 04/03/2023 5:06 PM
Purchasing Completed 04/03/2023 5:19 PM
Budget and Finance Completed 04/04/2023 8:46 AM
Brian Bradley Completed 04/04/2023 8:56 AM
Lindsey Ballard Completed 04/04/2023 9:28 AM
Board of County Commissioners Pending 04/19/2023 9:00 AM
Packet Pg. 1596
(305)295-1000
1001 35mes Sind
PO Bwc 6100
Key West,FL 33040-6100
a www.KeisEnergy.com
UTILITY BOARD OF THE CITY OF KEY WEST
March 16, 2023
Mr.Tyler Bethel
Key West International Airport
3471 S Roosevelt Blvd X
Key West, FL 33040
RE: Line Extension # 891 UG(PO Revision)
ER#2949-22
W
Dear Mr. Bethel:
The Customer Service Section and the Engineering Section has completed the initial review of your
request for electric service at the referenced location.
Please find enclosed the Standard Primary Underground Extension and Inspection Agreement and a site
layout of the line extension. This agreement states the line extension description required to complete
your requested extension and the amount that must be advanced to KEYS to enable the Engineering
Section top with your request. The cost is subject to change if you initiate any site changes that
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result in revisions to the site, or if the executed line extension agreement and payment are not received
W
within 90 days from the date of this letter.
E
Should you desire to proceed with this line extension, please execute the enclosed agreement and return
with your check payable to Keys Energy Services, addressed to the attention of the Customer Programs
Department. The agreement will be ex uteri by an authorized KEYS'Representative and a copy will be U)
returned to you for your records.
X
KEYS will require a recorded easement for this line extension. The easement will be prepared by KEYS
and provided to you upon completion. The easement must be executed by the property owner before
two subscribing witnesses, notarized and recorded in the public records of Monroe County, Florida at the
property owner's expense. Receipt by KEYS of an original recording receipt is a condition precedent to W
the provision of electric service to a parcel or home serviced by the Line Extension.
Should you have any question please do not hesitate to contact Customer Programs at(305) 295-1080. W
Sincerely,
E
Milagros 6atrimayer
Customer Accounts Representative
MG/zg
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D. Sabin, Director of Engineering
E. Zarate, Director of Customer Servk:9;;�
M.Alfonso,Supervisor of Engineering
Enclosure
Packet Pg. 1597
1.6.a
STANDARD PRIMARY UNDERGROUND EXTENSION AND INSPECTION AGREEMENT
LINE EXTENSION p M1 W
Owner. �► aF rn®r FL Y i s aili a E L 3 C" wner'�
Premises: 3421P
Within a CBRS System Unit?Yes or No check one
Line Extension and Inspection Services Charge: 2 7 1 rUne nsian Charae")
Line Extension Description: 550 LINEAR FEET (collectively.the"Line Extension")
CBRS Escrow Deposit,if Applicable: NIA ("CBRS Escrow Dees o �.
Estimated Construction Period: r n si v 1 n
Date: 311612023 CEffecctive Date")
AGREEMENT (this "Agreement', made as of the Effective Date, by and between the Owner, identified above, and the
UTILITY BOARD OF THE CITY OF KEY WEST, FLORIDA, DBA KEYS ENERGY SERVICES, organized and existing under the laws of the
State of Florida,hereinafter called"KEYS,with an address of 1001 James Street,Key West,Florida 33040.
WHEREAS,the Owner has applied to KEYS for electric service and inspection services on Owner's Premises identified above;
and
WHEREAS, KEYS' present distribution system does not extend to the Premises, and the Line Extension described above is
needed to provide electric service to the Premises;and
WHEREAS, KEYS has agreed to accept a purchase order from the Owner as justification for making said Line Extension prior 00
to the receipt of payment in full for the cost of the Line Extension and Inspection Services;The said Owner shall pay in full for the Line w
Extension and Inspection Services Charge upon completion within 30 days from invoice to KEYS;and
0
WHEREAS, the cost of the Line Extension is the Line Extension and Inspection Services Charge set forth above provided the
line Extension is built in accordance with the E.R. report incorporated herein and attached as Exhibit "Aff without any changes
requested by Owner;and U)
WHEREAS, if the Premises are in an area designated as a Coastal Barrier Resource System Unit("CBRS")as identified above, x.
then certain electrical facilities may not be eligible for FEMA reconstruction tion funding after a hurricane or other natural disaster (a
"disaster'), and KEYS requires the CBRS Escrow Deposit in the amount set forth above for potential costs of repairing the Line
Extension in the event of a Disaster.
NOW,THEREFORE, WITNESSETH,that for and in consideration of the mutual covenants and agreement hereafter set forth w
for the parties hereto covenant and agree as follows:
PAYMENT OBLIGATIONS FOR THE LINE EXTENSION CHARGE
ARTICLE I. Upon Owner's execution of this Agreement, Owner shall pay KEYS: (i) a purchase order for the Line
Extension and Inspection Services Charge, and, IF APPLICABLE, (ii)the CBRS Escrow Deposit in full. Owner agrees and shall pay in
full the Line Extension and Inspection Services Charge upon completion within 30 days from invoice to KEYS. If there should be a need
for additional inspections resulting from non-compliance or delays caused by the Owner or their contractor, the Owner agrees to
compensate KEYS at the actual costs for any additional inspections KEYS deems necessary in order for the Owner to demonstrate
compliance with KEYS requirements. The Une Extension and Inspection Services Charge set forth above is subject to change, if the
executed line extension and Inspection agreement and payment is not received within 90 days from the effective date identified above
or if the Owner initiates any site changes that result in revisions to the site layout.
TITLE AND OWNERSHIP OF LINE EXTENSION
ARTICLE II. Owner acknowledges and agrees that he shall not have any rights of ownership or use of the Une Extension
or any portion thereof. Titre to, and complete ownership and control over the Une Extension, shall at all times remain in KEYS, and
KEYS shall have the right to use the same for the purpose of service to other customers,or for other purposes in its sole discretion.
1
KEYS In Owner Initials
Packet Pg. 1598
I.ti.a
EASEMENTS AND RIGHTS
ARTICLE III. As a condition to the provision of electric service to the Premises, or to commencement of the Construction
Period, at KEYS' sole and exclusive option, the Owner will execute and deliver to KEYS, and without cost to KEYS, any and all
easements and all rights, permits and privileges which KEYS deems necessary or expedient for the rendering of electric service to the
Premises or the installation of the Line Extension. Receipt by KEYS of a valid, executed easement in a form acceptable to KEYS and
receipt of documentation sufficient to KEYS documenting the recording of the easement in the Official Records of Monroe County,
Florida are conditions precedent to the provision of electric service. In the event KEYS agrees to accept a specifically-described
easement for the infrastructure,Owner must obtain locates for the actual installed infrastructure,and commission and provide a sketch
and legal description of the actual installed location of the infrastructure for inclusion in the easement.Any and all expenses related to
the performance of locates and generation of sketch and legal description shall be home by Owner. In the event, due to errors or
omissions by individuals performing Dates and/or generating sketches and descriptions, any portion of the actual installed
infrastructure is not located within the area subject to easement, KEYS shall be deemed to have an easement on the same terms and
conditions of the recorded easement for that portion of the actual installed infrastructure.
TRIMMING TREES/CLEARING/SITE PREPARATION/PRIMARY LINE REMOVAL AND RELOCATION
ARTICLE N. It is expressly understood and agreed that the Line Extension Charge does not include any cost of trimming
or removing trees or other obstructions from the Premises or from any right-of-way in order for the Line Extension to be safely and >53
property constructed and any required lines or equipment installed. All such clearing,tree removal,trimming and site preparation shall
be performed at Owner's expense, and KEYS shall not be required to begin construction of the Line Extension until such clearing and w
trimming is completed to KEYS satisfaction. If the scope of work for the Line Extension requires removal of overhead primary lines or
conversion of overhead primary lines to underground, such work shall be undertaken pursuant to the "Removal of KEYS' Overhead
High Voltage Primary Facilities"section of KEYS'current Customer Service Policy Manual,which section is expressly incorporated herein
by reference.
PROCEEDING WITH WORK
ARTICLE V. For underground projects in which the Owner elects to complete the trenching, KEYS will present a draft
design for Owner/agent approval within four(4)weeks after receipt of payment,executed line extension and inspection agreement and
submission of all surveys,site plans,elevations and other materials requested or needed by KEYS in order to complete a final drawing. 00
Owner shall indicate and transmit to KEYS any requested revisions to the draft design, and KEYS shall make such revisions where w
practical, until Owner considers the draft design a final drawing. Approval of the final drawing by Owner/agent shall be submitted via
letter and initialing of the final drawing or an email to the KEYS' Project Manager and such approval shall by binding upon Owner.
Owner shall not commence any trench work until the final drawing has been completed and approved by KEYS and by the
Owner/agent and all the Owner's obligations fully satisfied. Owner understands and agrees that draft designs and final drawings are
not to scale and have not been geolocated or surveyed by KEYS, and does not reflect rations of other infrastructure which may °7,
deviate from drawings provided by Owner. It is Owner's responsibility to ensure the locations of trenching installed pursuant to the
final drawing substantially conform with the final drawing and do not conflict with existing or proposed improvements, and KEYS shall
have no liability to Owner related to Owner's failure to ensure such conformance and non-conflict. The Owner/agent shall notify KEYS
in writing when the Owner's trenching work is complete and ready for KEYS to complete the remaining high voltage installation work. ,
Upon approval of the final inspection by KEYS and satisfaction of all other Owner obligations, the Construction Period set forth above -J
will commence. Any delays resulting from the Owner/agent, directly or indirectly, will allow KEYS to add additional time to the �
Construction Period and increase the Line Extension Charge accordingly, at KEYS' discretion. The Construction Period will NOT w
commence upon submittal of payment to KEYS or as of the Effective Date or execution date of this Agreement. Furthermore, while
KEYS anticipates completion of the Line Extension within the Construction Period, nothing in this Agreement will be construed as a >-
guaranty or warranty by KEYS of any completion date or construction schedule and Owner acknowledges that construction of the Line ,
Extension may be delayed for many reasons, including, but not limited to acts of Gal and prioritization of work. Any additional work
requested outside of this agreement, will require a letter from the Owner/agent authorizing KEYS or its subcontractors to perform the
additional work. KEYS shall provide an estimated cost and the Owner/agent shall approve the additional cost and submit payment
prior to the commencement of the additional work. Any delays or impacts to the project as a result of the additional requested work
shall not be paid by KEYS.
COASTAL BARRIER RESOURCE SYSTEM(CBRS)-ESCROW-LIEN
ARTICLE VI. If the Premises have been identified to be within an area designated as a Coastal Barrier Resource System
Unit, Owner acknowledges and agrees that KEYS shall have no obligation to pay any sum for repairs or reconstruction of the Line
Extension in the event of a Disaster. Furthermore, KEYS shall have no obligation to reconstruct or repair the line Extension or provide
service to the Premises in the event of a Disaster unless the owners of parcels served by the Line Extension have collectively deposited
with KEYS sufficient funds to repair or reconstruct the Line Extension. Regardless of the foregoing,Owner authorizes KEYS to repair or
reconstruct the Line Extension at Owner's expense in the event of a Disaster and to deduct from any CBRS Escrow Deposit the total
internal and external costs incurred by KEYS for such repair or reconstruction. In the event KEYS elects to repair the Line Extension
without advance payment for the total costs of repair or reconstruction, and such costs exceed the CBRS Escrow Deposit or no CBRS
2
KEYS Initi Owner Initials
Packet Pg. 1599
1.6.a
Escrow Deposit exists at that time,then KEYS will bill,and Owner(and the owners of the Adjacent Parcels who receive service through
the Line Extension)will pay the pro-rate portion of such total repair costs by dividing such total repair costs among the parcels served
by the Line Extension at the time of the Disaster. To minimize the possibility of delay in repair or reconstruction pending advanced
payment to KEYS, Owner shall establish the CBRS Escrow Deposit in the amount described above, and the CBRS Escrow Deposit will
remain in place in perpetuity,or until such obligation is waived in writing by KEYS. However, regardless of the existence of the CBRS
Escrow Deposit,Owner shall be obligated to pay the entire internal and external costs or expenses that may be incurred by KEYS for
repair or replacement of the Line Extension after a Disaster(up to a maximum of the total cost of repair or reconstruction divided by
the number of parcels connected to KEYS electric service from the Line Extension at the time of the Disaster)and this obligation will
continue in perpetuity or until such obligation is waived in writing by KEYS. Owner acknowledges and agrees that any CBRS Escrow
Deposit held by KEYS will be held by KEYS for the benefit of the Premises and will automatically run with title to the Premises so that
any rights associated with the CBRS Escrow Deposit will be in favor of the owner of the Premises as ownership may change from time
to time.
The CBRS Escrow Deposit will not be held in a separate bank account, but only a deposit referenced on KEYS`s records and �.
may be comingied with other funds at KEYS discretion. The CBRS Escrow Deposit shall be in KEYS'name and KEYS shall have total
control of such funds under the terms herein. Interest earned, at the rate paid to KEYS by its depository institutions for short term
deposit accounts, will be credited to the CBRS Escrow Deposit. In the event KEYS uses all or part of the CBRS Escrow Deposit for ,E
repair or reconstruction of the Line Extension, the Owner shall replenish the CBRS Escrow Deposit upon demand so that the CBRS
Escrow Deposit remains at the amount set forth above. Failure to replenish the CBRS Escrow Deposit is a default of this Agreement
entitling KEYS to suspend electric service to the Premises and all other rights as set forth herein.
Notwithstanding the foregoing, Owner hereby authorizes KEYS to make repairs to or reconstruct the Line Extension in the
event of any damage regardless of whether the CBRS Escrow Deposit,if any, is sufficient to pay for all such repairs. All of the costs of
repair or reconstruction, together with interest, and all casts and expenses of collection, including reasonable attorneys' fees, are a
continuing charge on the Premises, and KEYS shall have a right to lien the Premises for the payment of such funds. This Agreement
constitutes constructive notice to all subsequent purchasers and/or creditors of the existence of KEYS'lien rights. KEYS from time to
time may record a Notice of Lien in the public records for the purpose of evidencing the lien established by this Article and the priority
of the Notice of Lien shall be based on the time and date of recording the Notice of Lien in the public records.
Any sum reflected in any Notice of Lien not paid within 30 days after its due date gars interest at the highest per annum rate ,
of interest allowed by law. KEYS may bring an action at law against the Owner and/or foreclose its lien against the Premises subject to 00
the Notice of lien. The lien for sums claimed pursuant to this Article may be enforced by judicial foreclosure in the same manner in w
which mortgages on real property may be foreclosed in the State of Florida. In any such foreclosure,the Owner is required to pay ail .
costs and expenses of foreclosure, including reasonable attorneys' fees and all such costs and expenses are secured by the lien
foreclosed. Owner is deemed to acknowledge conclusively and consent that all sums due to KEYS pursuant to this Article are for the
improvement and maintenance of any homestead thereon and that KEYS'lien has priority over any such homestead. 0
30INDER IN THIS AGREEMENT BY OWNERS OF AWACENT PARCELS/SUCCESSORS AND ASSIGNS
X
ARTICLE VII. KEYS may require a joinder to this Agreement, in form and substance acceptable to KEYS in its absolute
discretion, from the Owner and from the owner of each Adjacent Parcel that applies for electrical service through the Line Extension ,E
(the "Notice"). The Notice shall be executed before two (2) subscribing witnesses, notarized and recorded in the public records of en
en
Monroe County, Florida at the properly owner's expense. Receipt by KEYS of an original recorded Notice is a condition to the provision >-
of electric service to a parcel or home served by the Line Extension.
ARTICLE VIII. This Agreement shall inure to the benefit of and be binding upon the respective heirs,legal representatives, >-
successors and assigns of the parties hereto. Further, this Agreement shall run with the land and be binding upon the successors in ..
title of Owner. This Agreement shall continue in perpetuity, unless otherwise modified in writing by the Owner and KEYS, or their
respective successors and/or assigns. E
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OWNERSHIP OF PREMISES
ARTICLE IX. Owner covenants with KEYS and represents and warrants to KEYS that, on the Effective Date, Owner u
solely seized of the Premises in fee simple and has good right to create,establish,and impose this Agreement on the Premises without
the joinder of any other person. In the event KEYS determines this Agreement has not been validly executed by all persons or entitle!
who have an ownership interest in the Premises(including homestead rights), KEYS may discontinue electric service to the Premises al
any time. Owner also covenants and warrants to KEYS that the Property is free and clear of any and all liens, mortgages, or
encumbrances that could impair Owner's rights to impose this Agreement on the Premises.
DEFAULT
ARTICLE X. If(a)Owner fails to perform any of its obligations as described in this Agreement,or(b)a receiver is appointed
for Owner,or(c)there is falsity in any material respect of,or any material omission in,any representation or statement made to KEYS
3
KEYS In'' Owner initials
Packet Pg. 1600
1.6.a
by or on behalf of the Owner in connection with this Agreement, or(d)Owner is dissolved if Owner is a corporation or other entity,
then Owner shall be in default of this Agreement if such default is not cured within twenty days after notice of the default is provided
to Owner then KEYS will be entitled to all remedies at law or in equity to enforce this Agreement. In addition,if Owner fails to pay any
sums due pursuant to this Agreement, KEYS may elect to terminate or suspend construction of the lane Extension and may elect to
terminate or suspend electric service to the Premises. If Owner asserts that KEYS has failed to perform any of its obligations set forth
in this Agreement, Owner shall give KEYS written notice specifying the obligation(s) KEYS has failed to perform and providing KEYS
with thirty(30)days to cure the asserted default. Provided, however,that if the nature of the specified obligation(s)is such that more
than thirty(30)days are required for performance,then KEYS shall not be in default if KEYS commences performance within such 30-
day period and thereafter prosecutes the same to completion.
GENERAL TERMS
ARTICLE XI. Time is of the essence to all terms of this Agreement. This Agreement shall not become effective until it
has been executed by all of the parties hereto, but shall be effective as of the Effective Date. This Agreement may be executed by a
representative of Owner pursuant to a power of attorney or other document satisfactory to KEYS in its sole discretion. This Agreement
may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but each
counterpart shall together constitute one and the same instrument. This Agreement, signatures, initials, documents referenced in this ,E
Agreement, counterparts, and written modifications communicated electronically or on paper will be acceptable for all purposes,
including delivery,and will be binding with the same force and effect as originals. This Agreement shall be construed under the laws of
the State of Florida. This Agreement shall not be construed more strongly against any party,regardless of who was more responsible
for its preparation. All rights,powers and remedies provided herein may be exercised only to the extent that the exercise thereof does
not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement
Invalid or unenforceable. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity of the
other terms of this Agreement shall in no way be affected thereby. In the event it becomes necessary for either party herein to seek
legal means to enforce the terms of this Agreement, the non-prevailing party will be liable for all reasonable attorneys' fees and
expenses, including such fees and expenses incurred due to appellate, bankruptcy or post judgment proceeding, plus court costs.
Venue and jurisdiction for purposes of determining any parties rights and/or interests under this Agreement,or any legal or equitable w
action whatsoever, shall be in the Florida State Court system in Monroe County, Florida, and in no other place or court system. No
waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this
Agreement shall be taken and construed as cumulative; this is, in addition to every other remedy provided therein or by law. The ,
failure of a party to enforce at any time any of the provisions of this Agreement,or to exercise any option which is herein provided,or 00
to require at any time performance by the other party of any of the provisions hereof,shall in no way be construed to be a waiver or w
create an estoppel from enforcement of such previsions,or in any way to affect the validity of this Agreement or any part thereof,or
the right of either party to thereafter enforce each and every such provision, or to seek relief as a result of the prior breach. This
Agreement contains the entire understanding of the Parties and supersedes all previous verbal and written agreements and
understandings pertaining to the subject matter of this Agreement. 0
ARTICLE XII. ALL PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WANE THE RIGHT EACH MAY
HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION x.
WITH THIS AGREEMENT,AND ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION THEREWITH,OR ANY COURSE
OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTIONS OF ANYONE IN CONNECTION
THEREWITH.
IN WITNESS WHEREOF,this Agreement is effective as of the Effective Date.
SEAL BOARD OF COUNTY COMMISSIONERS OF >-
ATTEST: KEVIN MADOK,CLERK MONROE COUNTY,FLORIDA
BY BY
Deputy Clerk Mayor/Chairman
Date: April 19,2023
UTILITY BOAR -CITY OF KEY WEST,FLORIDA
Account# By:
ER# 2949-22 Tide: Direr of Customer'Sentloss
NROE COUNTY ATTO NEY07
KEYS In' als Owner Initials
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UTIUTY BOARD OF THE MY OF KEY WEST
P.O.BOX 6100
FL 33041-6100 DATEINVOICE/MR#
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SAME AS ABOVE
Bill To: 308SITE:
MONROE COUNTY FLORIDA Key West Airport New Terminal
500 Whi head St 3491 S.Roosevelt Blvd
Ke West FL 33040 Ke West,Fl
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TY RATE AMOUNT �
Director of Engineering Labor&Transportation(Labor Hours) 1.00 120.33 120.33
Engineering Supervisor Labor&Transportation(Labor Hours) 2.00 69.18 138.3E
Autocad Operator Labor&Transportation(Labor Hours) 5.00 53.60 268.00
Eng.Field Rep.Labor&Transportation(Labor Hours) 24.00 53.60 1,286.41 ob
Line Crew(6-Man)Labor&Transportation(Labor Hours) 80.00 377.13 30,170.33
SUBTOTAL LABOR&TRANSPORTA77ON 31,983.43
Underground Une-Three Phase(1) 5S0.00 8.68 4,775.3E
Riser Pole-Three Phase(1) 1.00 1,255.24 1,255.2q
Fault Indicator(city) 6.00 304.75 1,828.SC .2
Red Dye and Tracer Wire(1) 550.00 0.04 19.51 9=
General Materials(qty) 16,000.00 IAA 18,400.0(
SUBTOTAL KEYS MATERIALS 26,278.6E
INSPECTIONS(S) 2,02SA3 W
TOTAL DUE �
State Tax Charged to KEYS but Not Paid by Customer: 1,446.06
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Please Note: This cost has been prepared based upon current published tariffs which are subject to change if not paid within 90 days. Additionally,this cost may be
recalculated if the customer initiates or causes any changes to the site plans. KEYS will schedule work upon receipt of payment. In the event this cost becomes part o
an Agreement between Customer and KEYS,the terms of the Agreement will prevail.
Packet Pg. 1603
1.6.a
Addendum to Standard Primary Underground
And Inspection Agreement
Line Extension "891 UG"
1) Payments.
A) Owner shall pay in accordance with the Florida Local Government Prompt Payment
Act;payment will be made after delivery and inspection by Owner and upon submission of invoice
by within forty-five (45)days of the submission of invoice KEYS.
B) KEYS shall submit to Owner invoices with supporting documentation acceptable
to the Clerk, on a Monthly schedule in arrears. Acceptability to the Clerk is based on generally
accepted accounting principles and such laws, rules and regulations as may govern the Clerk's
disbursal of funds.
2) Books,Records and Documents. KEYS shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained for a period of five
years from the termination of this agreement. Each parry to this Agreement or its authorized
00
representatives shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and for five years
following the termination of this Agreement. If an auditor employed by the Owner or Clerk
determines that monies paid to KEYS pursuant to this Agreement were spent for purposes not
authorized by this Agreement, or were wrongfully retained by the KEYS, then KEYS shall repay
the monies together with interest calculated pursuant to Sec. 55.03,of the Florida Statutes,running
from the date the monies were paid by the Owner.
3) 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 term, 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 Owner and KEYS 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.
4) Attorney's Fees and Costs. The Owner and KEYS agree that in the event any cause of
action or administrative proceeding is initiated or defended by any party relative to the enforcement
Packet Pg. 1604
1.6.a
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. Mediation proceedings initiated and conducted pursuant to this Agreement
shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
5) Binding Effect. The terms, covenants,conditions, and provisions of this Agreement shall
bind and inure to the benefit of the Owner and KEYS and their respective legal representatives,
successors, and assigns.
6) Authority. Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary County and U)
corporate action, as required by law.
7) Adjudication of Disputes or Disagreements. Owner and KEYS agree that all disputes
and disagreements shall be attempted to be resolved by meet and confer sessions between
representatives of each of the parties. The Owner and KEYS representative shall try to resolve the
claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the
00
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.This Agreement is not subject to arbitration.
8) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation,execution,performance,or breach of this Agreement,Owner
and KEYS 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. Owner and KEYS specifically agree that no party
to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
9) Nondiscrimination. The parties 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 KEYS has engaged in discrimination, this Agreement automatically terminates
without any further action on the part of any party,effective the date of the court order. The parties
agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights
Act of 1964(PL 88-352),which prohibit discrimination in employment on the basis of race,color,
religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits
Packet Pg. 1605
1.6.a
discrimination on the basis of handicaps; 4)The Age Discrimination Act of 1975, as amended(42
USC §§ 6101-6107),which prohibits discrimination on the basis of age;5)The Drug Abuse Office
and Treatment 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 91616),as amended,relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC
§§690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 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 §§ 12101), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter 14,
Article II, which prohibits discrimination on the basis of race, color, sex,religion, 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.
10) Covenant of No Interest. Owner and KEYS covenant that neither presently has any
interest, and shall not acquire any interest,which would conflict in any manner or degree with its
performance under this Agreement,and that only interest of each is to perform and receive benefits
00
as recited in this Agreement.
11) Code of Ethics. Owner agrees 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 with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
12) Public Records Compliance. KEYS must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The Owner and KEYS shall allow and permit reasonable access to, and
inspection of, all documents, records, papers, letters or other "public record" materials in its
possession or under its control subject to the provisions of Chapter 119,Florida Statutes,and made
or received by the Owner and KEYS in conjunction with this contract and related to contract
performance. The Owner shall have the right to unilaterally cancel this contract upon violation of
this provision by KEYS . Failure of KEYS to abide by the terms of this provision shall be deemed
a material breach of this contract and the Owner may enforce the terms of this provision in the
form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all
attorney's fees and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract.
Packet Pg. 1606
1.6.a
KEYS is encouraged to consult with its advisors about Florida Public Records Law in order to
comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, KEYS is required to:
(1) Keep and maintain public records that would be required by the Owner to perform the service.
(2) Upon receipt from the Owner's custodian of records, provide the Owner with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if KEYS does not transfer the records to
the Owner.
(4) Upon completion of the contract, transfer, at no cost, to the Owner all public records in
possession of KEYS or keep and maintain public records that would be required by the Owner to
perform the service. If KEYS transfers all public records to the Owner upon completion of the
contract, KEYS shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If KEYS keeps and maintains public records �
upon completion of the contract,KEYS shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the Owner, upon request from the
Owner's custodian of records, in a format that is compatible with the information technology
00
systems of the Owner.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the Owner, but if the Owner does not possess the requested records, the Owner shall
immediately notify KEYS of the request, and KEYS must provide the records to the Owner or
allow the records to be inspected or copied within a reasonable time.
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If KEYS does not comply with the Owner's request for records,the Owner shall enforce the public
records contract provisions in accordance with the contract, notwithstanding the Owner's option
and right to unilaterally cancel this contract upon violation of this provision by KEYS. An entity W
who fails to provide the public records to the Owner or pursuant to a valid public records request
within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes.
KEYS shall not transfer custody,release,alter,destroy or otherwise dispose of any public records
unless or otherwise provided in this provision or as otherwise provided by law.
IF KEYS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO KEYS DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY-
Packet Pg. 1607
BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040.
13) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Owner and KEYS 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 Owner be required to contain any provision
X
for waiver.
14) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
W
compensation, and other benefits which apply to the activity of officers, agents, or employees of U)
any public agents or employees of the Owner, when performing their respective functions under
this Agreement within the territorial limits of the County 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 County.
15) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory 00
Duties. This Agreement is not intended to,nor shall it be construed as,relieving any participating W
entity from any obligation or responsibility imposed upon the entity by law except to the extent of E
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, except to the extent permitted by the Florida constitution, state statute, and
case law.
16) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, W
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 Owner and W
KEYS agree that neither the Owner nor KEYS nor any agent, officer, or employee of either shall
have the authority to inform,counsel, or otherwise indicate that any particular individual or group E
of individuals, entity or entities, 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.
17) No 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 the parties in his or her
individual capacity, and no member, officer, agent or employee of the parties shall be liable
I Packet Pg. 1608
personally on this Agreement or be subject to any personal liability or accountability by reason of
the execution of this Agreement.
18) Insurance Requirements. KEYS shall furnish Certificates of Insurance indicating the
required coverage limitations as set forth in Exhibits A-I through A inclusive.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor
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Witnesses: KEYS ENERGY SERVICES
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1.6.a
EXHIBIT A-1
BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Business Automobile Liability Insurance.
Coverage will be maintained throughout the life of the contract and include,as a minimum,liability
coverage for: x
• Owned,Non-Owned, and Hired Vehicles
The minimum limits acceptable is:
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$300,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable are:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
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The Monroe County Board of County Commissioners will be named as Additional Insured on
all policies issued to satisfy the above requirements.
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Packet Pg. 1610
1.6.a
EXHIBIT A-2
GENERAL LIABILITY INSURANCE REQUIREMENTS
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Commercial General Liability Insurance. Coverage will be maintained throughout the life of
the contract and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
The minimum limits acceptable is: W
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$500,000 Combined Single Limit(CSL)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy,
its provisions should include coverage for claims filed on or after the effective date of this
contract. In addition,the period for which claims maybe reported should extend for a minimum
of twelve.
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(12) months following the acceptance of work by the County. 00
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The Monroe County Board of County Commissioners will be named as Additional Insured on
all policies issued to satisfy the above requirements. 0
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Packet Pg. 1611
1.6.a
EXHIBIT A-3
WORKERS' COMPENSATION INSURANCE REQUIREMENTS
Prior to the commencement of work governed by this contract, the Contractor will obtain
Workers' Compensation Insurance with limits sufficient to respond to applicable Workers'
Compensation state statutes and the requirements of Chapter 440, Florida Statutes.
In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less
than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease,policy U)
limits
$500,000 Bodily Injury by Disease, each employee
Coverage will be maintained throughout the entire term of the contract.
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Coverage will be provided by a company or companies authorized to transact business in the
state of Florida. ,
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If the Contractor has been approved by the Florida's Department of Labor, as an authorized
self- insurer, the County may recognize and honor the Contractor's status. The Contractor
may be required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance,providing details on the Contractor's Excess Insurance Program. g
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If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. a"s
In addition,the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
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Packet Pg. 1612