04/19/2023 Agreement Kevin Madok, cpA
ty Clerk of the Circuit Court& Comptroller Monroe Coun , Florida
DATE: May 12, 2023
TO: Rl(-Itm-(l Stn'cklaii(l
Dircctor ol'Airports
ATI'N: Bctll Leto, Deputy Director
& A(lininistrati011
FROM: Paiiiela G. Haiic(;(�k' -).C.
SUBJEGF: April 19" 11000 Meeting
Attaclic(I is an electronic copy oftlic 1'()Ilo%%Iitg Item lbryour 11MI(Iling:
I(), 1,11(lel-p-oull(l I'Atellsioll MI(I Inspection Agi-ccutent 11itc Fxiciislon No. 891, 111 flic
aitiount of'$60,287.5)1, wlilt Kcys Energy Services, for 550 lineal-feet oI'cx1cn(Icd cncr*'senices
for the Concourse ATeniiiiial aii(I Improvements Prograiii at Kcy NA'cst International Airport, to
be flin(lc(l from Airport 0perating Fund 10 t.
Slioul(I you liavc miy questions please feel free to contact nic at (305) 292-3550.
CC: County Attorney
Filiallce
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 3300 Marathon, Florida 33050 Plantation Key, Florida 33070
(305)295-1000
" . 10013ames Sheet
u PO Box 6100
Key West,FL 33040.6100
www.KeysEner9yx=
UTILITY BOARD OF THE CITY OF KEY WEST
March 16, 2023
Mr.Tyler Bevel
Key West International Airport
3471 S Roosevelt Blvd
Key West, FL 33040
RE: Line Extension # 891 UG(PO Revision)
ER#2949-22
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 to proceed with your request, The cost Is subject to change If you initiate any site changes that
result In revisions to the site, or if the executed line extension agreement and payment are not received
within 90 days from the date of this letter.
Should you desire to proceed with this line extension, Tease 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 excecuted by an authorized KEYS"Representa0ve and a copy will be
returned to you for your records.
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 owwnees expense. Receipt by KEYS of an original recording receipt Is a condition precedent to
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.
Sincerely,
��&0
Milagros Ga mayer
Customer Accounts Representative
MG/ g
c:
D. Sabino,Director of Engineering
E.2arate, Director of Customer ServI09*1-V
M.Alfonso,Supervisor of Engineering
Enclosure
STANDARD PRIMARY UNDERGROUND EXTENSION AND INSPECTION AGREEMENT
LINE EXTENSION"IRLW
Owner:
Premises:
Within a CBRS System Unit?Yes or No X check one
Line Extension and Inspection Services Charge:
Line Extension Description: "
CBRS Escrow Deposit,if Applicable:
Estimated Construction Period:
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
to the receipt of payment in full fior the cost of the Une Extension and Inspection Services,The said Owner shall pay in full for the Line
Extension and Inspection Services Charge upon completion within 30 days from Invoice to KEYS;and
WHEREAS,the cost of the Line Extension is the Line Extension and Inspection Services Charge set forth above provided the
Line Extension is bulk in accordance with the E.R. report incorporated herein and attached as Exhibit"A" without any changes
requested by Owner;and
WHEREAS, if the Premises are in an area designated as a Coastal Barrier Resource System Unit('CBRS')as Identified above,
then certain electrical facilities may not be eligible for FEMA reconstruction 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
fior the parties hereto covenant and agree as follows:
PAYMENT OBLIGATIONS FOR THE LINE EXTENSION CHARGE
ARTICLE L 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,(fI)the Cf RS Escrow Deposit In full. Owner agrees and shall pay,In
full the Line Extension andInspection Services Charge upon completion within 30 days from Invoice to KEYS. If there should be a need
far 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 sine Extension and Inspection Services Charge set above Is subject to change, If the
executed line extension and Inspection agreement and payment Is not received within'30 days from the effective date identified above
or N 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 Line Extension
or any portion thereof. Tide to,and complete ownership and control over the Line 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 Inl Owner Initials
EASEMENTS AND RIGHTS
ARTICLE III. As a condition to the provision of electric service th the Premises,or to commencement of the Construction
Period, at ' 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 perfornoanoe of locates and generation of sketch and legal description shall be borne by Owner. In the event; due to errors or
omissions by individuals performing locates and/cur generating sketches and descriptions, any portion of the actual Installed
Infrastructure Is not located whin 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 IV. It is expressly understood and agreed that the Line Extension Charge does not Include any cost of trimming
or removing trees or other obstructionsfrorn the Premises or from any right-of-way in order f+or the Line Vision to be safely and
propedy constructed and any required lines or equipment Installed. All such clearing,bee removal,trimming and site preparation shall
be perfbnned at is expense,and KEYS shall not be required to begin construction of the Line Extension until such clearing and
trimming Is complekted to KEYS satisfaction. If the scope of work for the Line Extension requires removal of overhead primary lines or
converslon of overhead primary lines to underground, such work shall be undertaken pursuant to the `Removal of KEYS'Overhead
High Vobge Primary Facilities"section of KEYS'current Customer Service Policy Manual,whist 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.
Owner shall Indicate and transmit to KEYS any requested revisions to the draft design, and KEYS shall make such revisions where
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 Mall 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 KEM and does not reflect locations of other infrastructure which may
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 theOwner's trenching work Is compkft 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
will commence. Any delays resulting from theOwner/agent, directly or indirectly, will allow KEYS to add ackittional time to the
Construction Period and Increase the Line Extension Charge accordingly, at KEYS' discretion. The Construction Period will NOT
commence upon submittal of payment to KEYS or as of the Effective or execution date of this Agreement, Furthenttore, 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 God and pricrritization of work. Any additional work
requested outside of this agreement will require a Wftr from theOwner/agent authorizing KEYS or its subcontractors to perform the
additional work. KEYS shall provide an estimated cost and the Carrier/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(CORS).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 oasts exceed the CORS Escrow it or no CBRS
2
KEYS Inrd Owner Initials
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-rota portion of such total repair costs by dividing such total repair costs among the parcels served
by the Litre Extension at the time of the Disaster. To minimize the possibility of delay in repair or recon on pending advanced
payment to KEM 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 lExtension 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 ced on KEYS's rewrds and
may be comingled with other funds at KEYS discretion. The CBRS w 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 CM Escrow Deposit In the event.KEYS uses all or part of the CBRS Escrow Deposit for
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 bD 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 su ent to pay for all such repairs. All of the costs of
repair or reconstruction,, together with Interest,and all costs and expenses of collection, including reasonable attorneys' fees, are a
continuing charge on the Premises,and KEYS shall have a right to Tien the Premises for the payment of such fronds. 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 bears 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
the Notice of Lien. The lien for sums claimed pursuant to this Article may be enforced by judicial foreclosure In the same manner In
which mortgages on real property may be foreclosed In the State of Florida. In any such foreclosure,the Owner Is required to pay all
and expenses of foreclosure, Including reasonable a eys'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 fbr the
improvement and maintenance of any homestead thereon and that KEYS'lien has priority over any such homestead.
30INDER IN THIS AGREEMENT BY OWNERS OF AWACENT PARCELS/SUCCESSORS AND ASSIGNS
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
(the "Notice" . The Notice shall be executed befbm two (2)subscribing witnesses, notarized and recorded in the public records of
Monroe County,Floridaat the property 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 nun with the land and be binding upon the successors in
tithe 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.
OWNERSHIP OF PREMISES
ARTICLE IX. Owner covenants with KEYS and represents and warrants to KEYS that, on the Effectivve Date, Owner is
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 entities
who have an ownership interest in the Premises(Including homestead rights),KEYS may discontinue el service to the Premises at
any time. Owner also covenants and warrants to KEYS that the Property Is firee and clear of any and all liens, mortgages, or
encumbrances that could Impair Ownees 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 m de to KEYS
3
KEYS In'' Owner Initials
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UTILITY BOARD OF THE CITY OF KEY WEST
P.O.BOX 6100
KEY WEST FL 33041-6100 MR23 R
01/iB/73 -13
REMU TO:
SAME AS ABOVE
111 NROE COUNTY FLORIDA Key West Airport New Terminal
3491 S.Roosevelt Blvd
Key West FL
< aulxr
Dl 138.33
of Engineering Labor&Transportation(Labor Hours) 1«00 120.33 1
hg Supervisor Labor&Transportation(Labor Hours) 2.00 69.16 .36
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
Un i(Labor Hours) 80.00 377..13 30170.33
SUBMALLABOR&T RTATIION 31,9
Underground Une-Three Phase(1) 550.00 8.68 4,775.36
Riser Pole-Three Phase(1) 1.00 1,255.24 1,255.24
6.00 304.75 1,828.50
Faun Indicator(qly) 550.00 0.04 19.55
Red Dye and Tracer Me(1)
GeneralM- is(4 ) 16100040 1.15 18 400.00
SUBTOTAL XM 14ATERIALS 26,27B
INSPECTIONS(S) 2,02SA2
TOTAL DUE
State Tax Charged to KEtf' but Not Paid by er:: 1,446.06
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 of
an Agreement between Customer and KEYS,the terms of the Agreement will prevail.
Addendum to Standard Primary Under :round
And Insl2ection 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 party to this Agreement or its authorized
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
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
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
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
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
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.
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
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.
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
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-
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
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'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
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
Duties. This Agreement is not intended to,nor shall it be construed as,relieving any participating
entity from any obligation or responsibility imposed upon the entity by law except to the extent of
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,
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
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
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
personally on this Agreement or be subject to any personal liability or accountability by reason o
the execution of this Agreement.
ance Requirements. shallCertificates of Insuranceindicating
tQ ions as set forthits -1 through A-3 inclusive.
BOARD OF C Y COMMISSIONERS
°$ n Mad OK, i�MFK OF MONRO NT , FL A
As Deputy Colerk
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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-1 through A3 inclusive.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor
Date:
Witnesses: KEYS ENERGY SERVICES
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EXHIBIT A-1
BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS
l ecogriizing tliat the work governed by this contract requires the use ofvehicles,the Contractor,
prior to the commencement of work, s&rall obtain Business Automobile liability lnsrnarice.
Coverage will be r nairitained throtrghorrt the life of the contract and include,as aminimum,liability
coverage for:
• Owned,Non-Owned, and Hired Vehicles
The minimum limits acceptable is:
$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
The Monroe County Board of County Commissioners will be named as Additional Insured on
all policies issued to satisfy the above requirements.
EXHIBIT A-2
GENERAL LIABILITY INSURANCE REQUIREMENTS
Prior to the commencement of work governed by this contract, the Cotatractor 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:
$500,000 Combined Single Limit(CSL)
An Occurrence Forni 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.
(12)months following the acceptance of work by the County.
The Monroe County Board of County Commissioners will be named as Additional Insured on
all policies issued to satisfy the above requirements.
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
limits
$500,000 Bodily Injury by Disease, each employee
Coverage will be maintained throughout the entire term of the contract.
Coverage will be provided by a company or companies authorized to transact business in the
state of Florida.
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 subtnit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition,the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
CERTIFICATE OF COVERAGE ISSUED ON: 05/11/2023
COVERAGE PROVIDED BY:PREFERRED GOVERNMENTAL INSURANCE TRUST
PACKAGE AGREEMENT NUMBER: WC FLI 0444008 22-07 COVERAGE PERIOD: 10/01/2022 TO 10/01/2023 12:01 AM
COVERAGES:This is to certify that the agreement below has been issued to the designated member for the coverage perio 1;
requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may
agreement described herein subject to all the terms,exclusions and conditions of such agreement.
Mail to:Certificate Holder Designated Member 11 . 3
Monroe County Board of County CommissionersUt Utility Board of the City of Key West
3491 South Roosevelt Blvd P.O.Box Drawer 6100
Key West,FL 33040 Key West,FL 33041 WAN"
COVERAGE WORKERS'COMPENSATION COVERAGE
Comprehensive General Liability,Bodily Injury,Property Damage WC AGREEMENT NUMBER: WC FL 0444008 22-07
and Personal Injury:
Limit Deductible Selflnsured Workers'Compensation
Employee Benefits Liability
Limit Deductible
Employment Practices Liability X Statutory Workers'Compensation
Limit Deductible
Public Officials Liability X Employers Liability
$1,000,000 Each Accident
Limit Deductible
$1,000,000 By Disease
Law Enforcement Liability $1,000,000 Aggregate Disease
Limit Deductible
PROPERTY COVERAGE AUTOMOBILE COVERAGE
Buildings&Personal Property Automobile Liability
Limit:Per schedule on file with Trust Deductible Limit Deductible
Note:See coverage agreementfor wind,flood,and other deductibles. All Owned
Rented,Borrowed and Leased Equipment Specifically Described Autos
Limit:$0 TIV See Schedule for Deductible Hired Autos
Total All other Inland Marine Non-Owned Autos
Limit:$0 TIV See Schedule for Deductible
Automobile Physical Damage
CRIME COVERAGE Comprehensive See Schedule for Deductible
Employee Dishonesty Collision See Schedule for Deductible
Limit Deductible Hired Auto with limit of
Forgery or Alteration
Limit Deductible Garage Keepers
Theft Disappearance&Destruction Liability Limit
Limit Deductible Liability Deductible
Computer Fraud Comprehensive Deductible
Limit Deductible Collision Deductible
NOTE:Additional Covered Party status is excluded for non-governmental entities. The most we will pay is further limited by the limitations set forth in Section
768.28(5),Florida Statutes(2010)or the equivalent limitations of successor law which are applicable at the time of loss.
Description of Operations/Locations/Vehicles/Special items-(This section completed by member's agent,who bears complete responsibility and liability for its accuracy):
This certificate is provided as evidence of Workers'Compensation coverage
This certificate is issued as a matter of information only and confers no rights upon the certificate holder.This certificate does not amend,extend or alter the
coverage afforded by the agreement above.
Administrator CANCELLATIONS
Public Risk Underwriters@ SHOULD ANY OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE TFIE
P.O.Box 958455 EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH TFIE
Lake Mary,FL 32795-8455 COVERAGE AGREEMENT PROVISIONS.
Producer �G
The Gehring Group rfLlG% r --
3500 Kyoto Garden Dr,
Palm Beach Gardens,FL 33410 AUTHORIZED REPRESENTATIVE
PGIT-CERT(I/19)PRINT FORM 05/1 1/2023
Print Date:5/11/2023
rred
05/11/2023
Monroe County Board of County Commissioners
3491 South Roosevelt Blvd
Key West , FL , 33040
Re: Coverage Agreement - WC FL1 0444008 22-07
Utility Board of the City of Key West
Effective Date: 10/01/2022 TO 10/01/2023
To Whom It May Concern:
Preferred Governmental Insurance Trust is unable to name non-governmental entities
as an additional covered party due to Florida Statute 768.28.
Non-governmental entities do not enjoy sovereign immunity protection under Florida
law. Coverage through the Preferred Governmental Insurance Trust is predicated upon
the concept of sovereign immunity among all its members. Accordingly, entities which
are not eligible for sovereign immunity protection under F.S. 768.28 may not be an
additional covered party under the Preferred coverage agreement.
We appreciate your understanding.
Margaret E. Gross, CPCU
Director of Underwriting
"IfAdditional Covered Party status was not requested on the attached certificate, the provisions in
this letter do not apply.**
Administered by PUBLIC RISK UNDERWRITERS
P.O. Box 958455 +Lake Mary, FL 32795-8455 +Phone: 321-832-1450+Fax: 321-832-1489
Print Date:5/11/2023
CERTIFICATE OF COVERAGE ISSUED ON: 05/11/2023
COVERAGE PROVIDED BY:PREFERRED GOVERNMENTAL INSURANCE TRUST
PACKAGE AGREEMENT NUMBER: WC FL 1 0444008 22-07 COVERAGE PERIOD: 10/01/2022 TO 10/01/2023 12:01 AM
COVERAGES:This is to certify that the agreement below has been issued to the designated member for the coverage period'
requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pi �r �
agreement described herein subject to all the terms,exclusions and conditions of such agreement. � �,
T
Mail to:Certificate Holder Designated Member BY
11 . 3
Monroe County Board of County Commissioners Utility Board of the City of Key West �
3491 South Roosevelt Blvd
P.O.Box Drawer 6100
Key West,FL 33040 Key West,FL 33041 WAPM W
LIABILITY COVERAGE WORKERS'COMPENSATION COVERAGE
Comprehensive General Liability,Bodily Injury,Property Damage WC AGREEMENT NUMBER: WC FL 10444008 22-07
and Personal Injury:
Limit Deductible Selflnsured Workers'Compensation
Employee Benefits Liability
Limit Deductible
Employment Practices Liability X Statutory Workers'Compensation
Limit Deductible X Employers Liability
Public Officials Liability $ 1,000,000 Each Accident
Limit Deductible $ 1,000,000 By Disease
Law Enforcement Liability $ 1,000,000 Aggregate Disease
Limit Deductible
PROPERTY COVERAGE AUTOMOBILE COVERAGE
Buildings&Personal Property Automobile Liability
Limit:Per schedule on file with Trust Deductible Limit Deductible
Note:See coverage agreementfor wind,flood,and other deductibles. All Owned
Rented,Borrowed and Leased Equipment Specifically Described Autos
Limit:$ 0 TIV See Schedule for Deductible Hired Autos
Total All other Inland Marine Non-Owned Autos
Limit:$ 0 TIV See Schedule for Deductible
Automobile Physical Damage
CRIME COVERAGE Comprehensive See Schedule for Deductible
Employee Dishonesty Collision See Schedule for Deductible
Limit Deductible Hired Auto with limit of
Forgery or Alteration
Limit Deductible Garage Keepers
Theft Disappearance&Destruction Liability Limit
Limit Deductible Liability Deductible
Computer Fraud Comprehensive Deductible
Limit Deductible Collision Deductible
NOTE:Additional Covered Party status is excluded for non-governmental entities. The most we will pay is further limited by the limitations set forth in Section
768.28(5),Florida Statutes(2010)or the equivalent limitations of successor law which are applicable at the time of loss.
Description of Operations/Locations/Vehicles/Special items-(This section completed by member's agent,who bears complete responsibility and liability for its accuracy):
This certificate is provided as evidence of Workers'Compensation coverage
This certificate is issued as a matter of information only and confers no rights upon the certificate holder.This certificate does not amend,extend or alter the
coverage afforded by the agreement above.
Administrator CANCELLATIONS
Public Risk Underwriters@ SHOULD ANY OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE TFIE
P.O.Box 958455 EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH TFIE
Lake Mary,FL 32795-8455 COVERAGE AGREEMENT PROVISIONS.
Producer �G
The Gehring Group rfLlG% r --
3500 Kyoto Garden Dr,
Palm Beach Gardens,FL 33410 AUTHORIZED REPRESENTATIVE
PGIT-CERT(I/19)PRINT FORM 05/1 1/2023
Print Date:5/11/2023
rred
05/11/2023
Monroe County Board of County Commissioners
3491 South Roosevelt Blvd
Key West , FL , 33040
Re: Coverage Agreement - wc:V L 1 u444UU5 22-ui
Utility Board of the City of Key West
Effective Date: 10/01/2022 TO 10/01/2023
To Whom It May Concern:
Preferred Governmental Insurance Trust is unable to name non-governmental entities
as an additional covered party due to Florida Statute 768.28.
Non-governmental entities do not enjoy sovereign immunity protection under Florida
law. Coverage through the Preferred Governmental Insurance Trust is predicated upon
the concept of sovereign immunity among all its members. Accordingly, entities which
are not eligible for sovereign immunity protection under F.S. 768.28 may not be an
additional covered party under the Preferred coverage agreement.
We appreciate your understanding.
Margaret E. Gross, CPCU
Director of Underwriting
"IfAdditional Covered Party status was not requested on the attached certificate, the provisions in
this letter do not apply.**
Administered by PUBLIC RISK UNDERWRITERS
P.O. Box 958455 +Lake Mary, FL 32795-8455 +Phone: 321-832-1450+Fax: 321-832-1489
Print Date:5/11/2023