AGENDA - KEYS Energy Services

AGENDA UTILITY BOARD OF THE CITY OF KEY WEST, FL
REGULAR MEETING - WEDNESDAY, JANUARY 8, 2020 – 5:00 P.M. 1001 JAMES STREET – KEYS ENERGY SERVICES BOARD ROOM
1. Pledge of Allegiance
4. Roll Call
5. Set Agenda
6. Informational Items: a) Department Staff Report - Radio Frequency Interference (RFI) - Dan Sabino, Director of Engineering b) Power Supply Report - November 2019 c) Generation Report - November 2019 d) Rate Comparison Report - October 2019 e) Financial and Operational Indicators – September, October and November 2019 f) Schedule of Unit Price Purchase Orders Report g) Quarterly Federal Emergency Management Agency (FEMA) Report h) Cow Key Channel Update
7. Consent Agenda*
a) Approve Minutes - Regular Utility Board Meeting - December 4, 2019 b) Approve Disbursement Report c) Approve Fourth Amendment to Lease of Cudjoe Key Peaker Site with Florida Keys Aqueduct Authority
8. Action Items a) Approve KEYS’ Lease of the Former Learning Center Site from Monroe County School Board
b) Award Bid 03-20 for Purchase of Underground Cable Puller 9. Public Input / Other Business
10. Adjournment
* Item is considered to be routine and enacted by one motion with no separate discussion, unless
requested by a Utility Board Member or citizen, in which event the item will be considered independently.
Peter Batty, Chair Mona Clark, Vice Chair Robert Barrios, Member Timothy Root, Member Steven Wells, Member
120.96
Overall Peak (YR 2017) 148.7
SYSTEM LOAD STATISTIC
2018 November Peak
9 10
1 0
2 0
18 16 12
10 5 3 4 4 1 0
50 51 54
100 120 140 160 180 200 220
O u
ta g
e M
in u
te s
S A
ID I
Feeders - 2
Date: 11/1/2019 @ 8:55am Feeder: BPS 4 Duration: 28 mins Customers: 597 Cause: Weather- Animal - Bird
Date: 11/25/2019 @ 4:26pm Feeder: BPS 4 -Duration: 13 mins -Customers: 597 Cause: Undetermined - Unconfirmed
Laterals - 4 3- Cutout 1- Animal - Bird
Reclosures - 3
B A
S E
w ith
N e
g a
tiv e
F u
$/ 1, 00
0 kW
- - - - - - - - - - IOU Average = $127.48
* Includes average 6% franchise fee ** Fuel, Purchased Power, or Cost Adjustment
$/ 1, 00
0 kW
$7,460,476
Acceptable Variance Favorable
Past due notices mailed increased during the 1st Qtr of FY18 due to IRMA
Other Operating Revenue Administrative & General O&M Expense
Budget Budget
31,304 $9,315,952
Distribution O&M Expense Past Due Customers - YTD
Last YearBudget
$7,860,214 ($971,332)
Non-Operating Revenue & (Expense)
Avg PCA ($16.98) is lower than budget of ($0) = ($12.7M); PCA undercollection $2.9M; $1.4M Energy & Demand
2.78 $96,139,657
Acceptable Variance Favorable Provide Explanation Monitor
For the Twelve Months Ended September 30, 2019Financial Indicators Utility Board of the City of Key West, Florida
Electric Revenue Debt Service Coverage Ratio
Budget Required by Bond Covenant
Budget
$55,267,050
10% 20%
$104,650,247 1.25
$46,567,854
$957,992
Budget Budget
2,742 $698,229
Last YearBudget
$599,256 $8,196
Avg PCA ($16.96) is lower than budget of ($0) = ($1.1M); PCA undercollection ($629K); $1.5M Energy & Demand
2.75 $7,524,741
For the One Month Ended October 31, 2019Financial Indicators Utility Board of the City of Key West, Florida
Budget
$4,594,718
10% 20%
$7,747,696 1.25
$3,650,723
$1,803,905
Budget Budget
5,510 $1,420,665
Last YearBudget
$1,232,614 ($735,908)
Avg PCA ($16.96) is lower than budget of ($0) = ($2.2M); PCA undercollection ($1.9M); $2M Energy & Demand
2.74 $14,432,144
For the Two Months Ended November 30, 2019Financial Indicators Utility Board of the City of Key West, Florida
Budget
$7,942,782
10% 20%
$16,435,513 1.25
$6,731,586
Purchased Power Expense - YTD
Board Date Original Increases Revised Remaining Approval of PO (Decreases) PO Claims Value
Vendor Name PO # Date PO Amount to PO Amount on PO of PO Description of Service Asplundh Tree Expert Co. 20-0059 04/22/15 09/30/19 285,921.64 - 285,921.64$ 38,600.80 247,320.84$ Tree Trimming Services D & V Commercial A/C 20-0008 08/12/15 09/27/19 49,000.00$ -$ 49,000.00$ 6,515.30$ 42,484.70$ Air Conditioning Services Dion Fuels, LLC 20-0079 04/27/16 09/30/19 41,280.05$ -$ 41,280.05$ 10,627.86$ 30,652.19$ Fuel for Fleets Diversified Services 20-0053 08/12/15 09/30/19 78,672.00 - 78,672.00$ 10,922.00 67,750.00$ Janitorial Services First State Bank 20-0032 08/14/13 09/30/19 50,700.00 - 50,700.00$ 7,505.43 43,194.57$ Banking Services Fleets Analystics, LLC 20-0087 01/25/17 09/30/19 10,800.00 10,800.00$ - 10,800.00$ Fleet Tracking Management System Greenjacket, Inc. 20-0157 10/23/19 10/30/19 91,600.00 - 91,600.00$ - 91,600.00$ Substation Animal Guards Infosend, Inc. 20-0092 04/10/13 10/02/19 127,500.00 - 127,500.00$ 20,055.34 107,444.66$ Utility Bill Print
Inland Construction and Engineering 18-0856 6/13/18 &
8/22/18 06/14/18 2,652,500.00$ 889,000.00$ 3,541,500.00$ 2,807,910.00$ 733,590.00$ LifeJacket Cathodic Protection System Key Iron Works 20-0086 09/28/19 10/01/19 0.01 - 0.01$ 0.01$ Underground Trenching and Conduit Services Nathan Eden 20/0081 03/16/16 10/01/19 76,841.34 - 76,841.34$ 32,581.99 44,259.35$ Legal Services
Oropeza & Parks 20-0056 5/27/09 & 10/24/19 09/26/19 70,000.00 - 70,000.00$ 10,980.00 59,020.00$ Audit Services
P&G Power Co. 19-0372 1/9/19 & 8/14/19 01/10/19 1,232,486.00 197,552.46 1,430,038.46$ 501,060.89 928,977.57$ Insulator Replacement S.D. Myers, Inc. 20-0061 07/08/15 10/15/19 14,630.00$ -$ 14,630.00$ -$ 14,630.00$ Oil Testing Sunshine Gasoline Distributors, Inc. 20-0071 09/25/19 11/19/19 80,424.00 - 80,424.00$ 9,179.14 71,244.86$ Purchase of Ultra Low Sulfur Fuel TAW Technical Field 20-0037 09/28/16 09/27/19 11,225.00$ -$ 11,225.00$ -$ 11,225.00$ Power Transformer Electrical Testing Tidal Basin Government Consulting, Inc. 19-0491 01/23/19 02/02/19 73,950.00 - 73,950.00$ 370.00 73,580.00$ Emergency Management Consulting
Williams Industrial Services 19-0862 1/9/18 & 4/24/19 06/27/19 1,012,140.00 241,635.00 1,253,775.00$ 921,183.74 332,591.26$ Purchase & Installation of Back-up Generators Xerox Corporation 20-0068 10/26/16 09/30/19 8,745.45$ -$ 8,745.45$ 5,044.98$ 3,700.47$ Copier Lease remaining CY19 Xerox Corporation 20-0214 11/13/19 11/22/19 24,949.23$ -$ 24,949.23$ -$ 24,949.23$ Copier Lease
G:\BIDS & CONTRACTS\UNIT PRICE PO'S\FY20\[Schedule of Unit Price Purchase Orders - Qtr Ended 12-31-19.xlsx]Schedule
Utility Board of the City of Key West Schedule of Unit Price Purchase Orders (PO)
as of December 31, 2019
Utility Board of the City of Key West Quarterly FEMA Report As Of December 31, 2019
Disaster Name Disaster Date
Description of Claim Category PW#
Claim Total $
(excluding DAC)
$ Obligated by
FEMA Date
B 11721 2,621,339
B 11729 64,976
F 24188 5,021,854
F 24190 13,413,128
F 39448 49,311
F 39450 366,372
Estimated DAC 1,866,991
TOTAL CLAIMS 39,206,812
Materials Issued from Inventory 1st 30 days
FKEC's #35382 transmission restoration Marathon and
Tavernier Per FKEC SB $370,674.89
FKEC's #35484 temp repair pole erosion effects on the
transmission poles at Sea Oats Beach
Contractor, Mutual Aid, Lodging & FA Labor Restoration
Transmission Lines 3 & 4
Contractor & Mutual Aid Restoration 1st 30 days
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
70.0%
80.0%
90.0%
100.0%
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
$18,000,000
FEMA Claim Activity
Dollars % of Total
Agenda Item Summary Sheet Meeting Date: January 8, 2020
Proposer: Lynne E. Tejeda, General Manager & CEO Department: Executive Agenda Item #: 7a
AGENDA ITEM WORDING: Approve the Minutes of the Regular Utility Board Meeting– December 4, 2019 REQUESTED ACTION: Approve the Minutes of the Regular Utility Board Meeting– December 4, 2019
MINUTES FROM THE REGULAR MEETING OF THE UTILITY BOARD OF THE CITY OF KEY WEST, FLORIDA,
HELD AT 5:00 P.M. ON WEDNESDAY, DECEMBER 4, 2019 KEYS ENERGY SERVICES BOARD ROOM
1001 JAMES STREET, KEY WEST, FLORIDA
1. Pledge of Allegiance
3. Mission and Vision
4. Roll Call Mr. Robert Barrios, Ms. Mona Clark, Mr. Timothy Root, Steve Wells and Chairman Peter Batty.
Also present at the meeting: Lynne Tejeda, General Manager/CEO; Jack Wetzler, Finance Director/CFO; Nathan Eden, Utility Board Attorney, Nick Batty, Legal & Regulatory Services Director, Dan Sabino, Engineering & Control Center Director, Julio Torrado, HR & Communications Director; Erica Zarate, Customer Services Director and Joe Weldon, Generation Director.
5. Set Agenda
Remove Item 8g) Award Bid for Purchase of Underground Cable Puller, Bid 03-20
6. Recognition and Presentation
a) Completion Apprentice Tree Trimmer Program – Jimmy Green
b) Retirement 27 Years of Service – Terry Beeman
7. Informational Items: a) Department Staff Report – FM Global Annual Inspection – Joe Weldon,
Director of Generation
c) Bahama Relief Update
d) KEYS Upcoming Events
e) KEYS Employee Promotions
8. Consent Agenda* a) Approve Minutes – Regular Utility Board Meeting – November 13, 2019 b) Approve Disbursement Report c) Request for Excused Absence for Steve Wells from the November 13, 2019
Regular Utility Board Meeting d) Approve and Accept 2019 Fair and Accurate Credit Transactions Act of 2003
Compliance Report and Approve Revisions to the Identify Theft Detection and Prevention Program
Regular Utility Board Meeting Minutes Wednesday, December 4, 2019 Page 2
e) Approve Piggyback Purchase of One Vermeer BC 1800 XL Trailer Mounted Brush Chipper and Declare Equipment #45 as Surplus
f) Approve Piggy Back Purchase of Two 2020 Toyota Prius Prime III Hybrid Vehicles and Declare Existing KEYS’ Vehicles #51 and #95 as Surplus
g) Award Bid for Purchase of Underground Cable Puller, Bid 03-20
Motion: To Approve Consent Agenda, Moved Ms. Mona Clark, Seconded by Mr. Steve Wells. Motion passed unanimously
9. Action Items
a) Award Architectural and Engineering Services Contract, Bid 05-20
Motion: To Award Architectural and Engineering Services Contract to Bender & Associates Architects P.A. in the Estimated Amount of $467,800.00., Moved Mr. Timothy Root, Seconded by Mr. Steve Wells.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Mr. Robert Barrios, Ms. Mona Clark, Mr. Timothy Root, Steve Wells and Chairman Peter Batty.
10. Public Input / Other Business
11. Adjournment
Motion: To Adjourn the Regular Utility Board Meeting of Wednesday, December 4, 2019, at 5:22 p.m., Moved by Chairman Peter Batty.
APPROVE:
/ed
UTILITY BOARD OF THE CITY OF KEY WEST AGENDA ITEM SUMMARY SHEET
MEETING DATE: January 8, 2020
FROM: Jack Wetzler, Assistant General Manager & CFO
AGENDA ITEM #: 7b
BRIEF BACKGROUND:
Payments are processed under Section 11 of Florida Statute 69-1191 and in accordance with Resolution No. 679
approved October 13, 1999. Staff has processed payments from the Operation & Maintenance Fund, from the
Renewal & Replacement Fund and the Construction Fund . Check Registers and listings are attached for review.
Type of Disbursement
- -
Approve the Disbursement Report for the Operation & Maintenance Fund, Renewal & Replacement Fund.
DISPOSITION:
O&M EFT Payments
3017 11/27/19 173,837.26 KEYS PENSION FUND PAYROLL SERVICES
3018 11/27/19 152.00 UNITED WAY OF FL KEYS PAYROLL SERVICES
3020 12/05/19 3,154.34 AFLAC INSURANCE PAID BY EMPLOYEE
3021 12/05/19 298.20 AMERICAN SAFETY UTILITY SAFETY
3022 12/05/19 5,514.40 ASPLUNDH TREE EXPERT CO TREE TRIMMING SERVICES
3023 12/05/19 812.50 CHOICE RADIO KEYS ADVERTISING
3024 12/05/19 1,988.63 D&V COMMERCIAL AC CONTRACTED SERVICES
3025 12/05/19 4,462.21 INFOSEND INC. CONTRACTED SERVICES
3026 12/05/19 309.98 JAY HUDKINS REIMBURSEMENT
3027 12/05/19 555.58 MEASURE X SERVICES
3028 12/05/19 705.24 RECHTIEN INTERNATIONAL PARTS
3029 12/05/19 120.36 STUART C IRBY CO HURRICANE ITEM
3030 12/05/19 99.00 TYLER RANDOLPH REIMBURSEMENT
3031 12/05/19 3,823.19 UTICOM SYSTEMS INC. SUBSTATION MATERIALS TOOLS
3032 12/05/19 434.26 XEROX CORP RENTAL EXPENSE
3033 12/12/19 255.00 ALACHUA PEST SERVICES LLC FACILITIES SERVICES
3034 12/12/19 525.00 ANCHOR TOWING AUTO REPAIRS/SERVICES
3035 12/12/19 5,514.40 ASPLUNDH TREE EXPERT CO TREE TRIMMING SERVICES
3036 12/12/19 20,523.76 BENEFITS WORKSHOP INSURANCE PAID BY EMPLOYEE
3037 12/12/19 1,446.09 D&V COMMERCIAL AC CONTRACTED SERVICES
3038 12/12/19 1,176.99 DEBORAH A COX-BARNETT PERSONAL COMPUTER LOAN
3039 12/12/19 5,341.00 DIVERSIFIED SERVICES CO SERVICES
3040 12/12/19 3,321.02 DLT SOLUTIONS LLC COMPUTER SOFTWARE/MAINT
3041 12/12/19 6,343.00 ESRI COMPUTER SOFTWARE/MAINT
3042 12/12/19 94,872.50 GEHRING GROUP INSURANCE
3044 12/12/19 495.00 KEY WEST TRANSFER STATION DISPOSAL SERVICES
3045 12/12/19 523.00 KEYS ARMORED EXPRESS INC SERVICES
3046 12/12/19 347.85 LYNNE TEJEDA REIMBURSEMENT
3047 12/12/19 4,779.60 NATHAN EDEN LEGAL SERVICES
3048 12/12/19 2,744.50 PROGRESS SOFTWARE CORP COMPUTER SUPPORT
3049 12/12/19 275.00 RADIO RITMO ADVERTISING
3050 12/12/19 100.00 SHIPS WAY, INC. LEASE AGREEMENTS
3051 12/12/19 3,077.49 STUART C IRBY CO DISTRIBUTION MATERIALS
3052 12/12/19 2,337.99 WASTE MANAGEMENT FACILITIES MATERIALS SERVICES
3053 12/12/19 750.00 WIIS - ISLAND RADIO ADVERTISING
3054 12/13/19 10.00 CANCER FOUN OF THE FL KEYS PAYROLL SERVICES
3055 12/13/19 2,372.34 IBEW LOCAL 1990 PAYROLL SERVICES
3057 12/13/19 152.00 UNITED WAY OF FLORIDA KEYS PAYROLL SERVICES
3058 12/17/19 259.64 JIMMY LEE GREENE PAYROLL ADJUSTMENT
Utility Board of the City of Key West
Disbursement Report
For the Period November 27, 2019 to January 2, 2020
Page 2 of 9
3062 12/19/19 14,895.25 BENEFITS WORKSHOP INSURANCE
3063 12/19/19 252.00 CSC INC SERVICES
3064 12/19/19 921.52 D&V COMMERCIAL AC CONTRACTED SERVICES
3065 12/19/19 257.48 DYNA SYSTEMS FREIGHT TOOLS
3066 12/19/19 220.00 EMC OIL CORP CONTRACTED SERVICES
3067 12/19/19 1,074.00 FARWEST LINE SPECIALTIES LLC TOOLS
3068 12/19/19 5,000.00 GEHRING GROUP SERVICES
3069 12/19/19 3,750.00 INTEGRITY PUBLIC FIN CON BANKING SERVICES
3070 12/19/19 424.33 JOSEPH JUDE DIAZ REIMBURSEMENT
3071 12/19/19 495.00 KEY WEST TRANSFER STATION DISPOSAL SERVICES
3072 12/19/19 1,250.00 MAGNUM BROADCASTING, INC. ADVERTISING
3073 12/19/19 1,340.58 MEASURE X SERVICES
3074 12/19/19 232.94 PAYMENTUS CORPORATION SERVICES
3075 12/19/19 1,479.60 STUART C IRBY CO MATERIALS
3076 12/19/19 117.46 SUNSHINE STATE ONE CALL CONTRACTED SERVICES
3077 12/19/19 99.60 WESCO DISTRIBUTION FACILITIES SERVICES
3078 12/19/19 750.00 WKYZ - KEY MEDIA CO. INC. ADVERTISING
3079 12/19/19 2,183.79 XEROX CORP RENTAL EXPENSE
3080 12/26/19 319.85 AMERICAN SAFETY UTILITY CORP SAFETY
3081 12/26/19 25,094.00 AMERICAN WIRE GROUP DISTRIBUTION MATERIALS
3082 12/26/19 346.50 BENEFITS WORKSHOP INSURANCE
3083 12/26/19 175.00 ELECTRIC SUPPLY INC DISTRIBUTION MATERIALS
3085 12/26/19 3,858.70 NATHAN EDEN LEGAL SERVICES
3086 12/26/19 10,980.00 OROPEZA & PARKS AUDIT SERVICES
3087 12/26/19 19,129.07 RECHTIEN INTERNATIONAL AUTO PARTS/SUPPLIES/SERVICES
3088 12/26/19 15,750.00 SECURE WORKS
COMPUTER
SOFTWARE/MAINTENANCE
3090 12/26/19 294.00 WESCO DISTRIBUTION HURRICANE ITEM
3091 12/27/19 10.00 CANCER FOUN OF THE FL KEYS PAYROLL SERVICES
3093 12/27/19 152.00 UNITED WAY OF FLORIDA KEYS PAYROLL SERVICES
Total O&M EFT 861,472.81
OM Wire Payments
5879 11/29/19 147,350.75 ADP TAXES PAYROLL SERVICES
5880 11/29/19 1,311.48 ADP WAGE GARNISHMENT PAYROLL SERVICES
5881 11/29/19 6,351.97 FL LEAGUE OF CITIES PAYROLL SERVICES
5882 11/29/19 289.40 FL PREPAID COLLEGE PROGRAM PAYROLL SERVICES
5883 11/29/19 9,468.49 NATIONWIDE RETIRE SOLUTIONS PAYROLL SERVICES
5884 11/29/19 2,218.06 VOYA RETIRE INS AND ANNUITY PAYROLL SERVICES
5885 11/30/19 25,688.55 CIGNA HEALTHCARE INSURANCE
5886 11/30/19 150.77 COMCAST CABLE SERVICES
5887 12/01/19 7,205.82 ADP ACH NET PR PAYROLL SERVICES
Page 3 of 9
5889 11/27/19 35.52 COMCAST CABLE SERVICES
5891 12/12/19 203,333.76 DEPARTMENT OF REVENUE GROSS RECEIPTS TAX
5892 12/12/19 215,488.01 DEPARTMENT OF REVENUE SALES TAX EXPENSE
5893 12/12/19 30,090.41 FIRST TENNESSEE PCARD PURCHASE
5895 12/13/19 77,200.65 ADP TAXES PAYROLL TAXES
5899 12/13/19 9,468.49 NATIONWIDE RETIREMENT PAYROLL SERVICES
5900 12/13/19 2,218.06 VOYA RETIREMENT INS PAYROLL SERVICES
5902 12/23/19 82,041.50 FLORIDA KEYS ELECTRIC COOP TRANSMISSION O&M
5903 12/23/19 3,401,116.13 FL MUNICIPAL POWER AGENCY TRANSM/GEN EXP
5905 12/26/19 68,552.32 ADP TAXES PAYROLL SERVICES
5909 12/26/19 8,569.47 NATIONWIDE RETIRE PAYROLL SERVICES
5910 12/26/19 2,218.06 VOYA RETIRE INS AND ANNUITY PAYROLL SERVICES
Total OM Wires 9,878,224.77
175877 12/05/19 453.31 ALL CAMPUS SECURITY COMPUTER EQUIPMENT
175878 12/05/19 623.49 ALTEC INDUSTRIES INC VEHICLES, PARTS, SERVICES
175879 12/05/19 3,961.68 AT&T TELEPHONE EXPENSE
175880 12/05/19 915.04 CIGNA BEHAVIORAL HEALTH INC EMPLOYEE & RETIREE BENEFITS
175881 12/05/19 118.69 CINTAS CORPORATION UNIFORM SERVICES
175882 12/05/19 4,917.00 CNC MEDICAL TRAINING LLC SAFETY EQUIPMENT
175883 12/05/19 480.65 COLONIAL LIFE & ACCIDENT INSUR INSURANCE PAID BY EMPLOYEE
175884 12/05/19 101.99 DIRECTV CABLE SERVICES
175885 12/05/19 166.01 FL KEYS AQUEDUCT AUTHORITY WATER-SEWER
175886 12/05/19 284.79 GRAINGER SAFETY
175887 12/05/19 770.01 HASKINS PLUMBING FACILITIES SERVICES
175888 12/05/19 2,582.50 HOPPING GREEN & SAMS LEGAL SERVICES
175889 12/05/19 1,622.92 HYDRO ENGINEERING, INC. AUTO PARTS/SUPPLIES
175890 12/05/19 54.88 LOW KEY FACILITIES MATERIALS
175891 12/05/19 4,745.90 MARRIOTT BEACHSIDE SERVICES
175892 12/05/19 451.48 MONROE COUNTY TAX COLLECTOR TAXES
175893 12/05/19 239.85 PHSI FACILITIES SERVICES
175894 12/05/19 22,411.00 PREFERRED GOV INS TRUST INSURANCE
175895 12/05/19 219.00 SOCIETY FOR HR MGMT MEMBERSHIP DUES
175896 12/05/19 438.75 SPIRIT MILLER NORTHEAST, LLC. TRANSPORTATION SERVICES
175897 12/05/19 490.46 THOMSON REUTERS - WEST SUBSCRIPTIONS
175898 12/05/19 325.00 USA AUTO GLASS INC AUTO REPAIRS/SERVICES
Page 4 of 9
175900 12/05/19 2,840.00 WEISS SEROTA HELFMAN COLE SERVICES
175901 12/06/19 121.74 ANA H LIPCHAK CUSTOMER REFUND
175902 12/06/19 50.00 DEAN A COLEMAN CUSTOMER REFUND
175903 12/06/19 139.52 DEBRA ANN SIDORSKI CUSTOMER REFUND
175904 12/06/19 484.75 DOUG MAYBERRY PLLC CUSTOMER REFUND
175905 12/06/19 150.98 EDWARD J STOLARSKI CUSTOMER REFUND
175906 12/06/19 117.32 EDWIN MENDIETA PICHARDO CUSTOMER REFUND
175907 12/06/19 292.85 GLORIA MC CORMICK CUSTOMER REFUND
175908 12/06/19 66.69 GRACIELA JOSEFINA LOZANO CUSTOMER REFUND
175909 12/06/19 117.43 ISLANDER VILLAGE LLC CUSTOMER REFUND
175910 12/06/19 149.40 LUCILE OCONNOR HOOD CUSTOMER REFUND
175911 12/06/19 535.21 MARMOE LLC CUSTOMER REFUND
175912 12/06/19 304.69 MATHEWS DEVELOPMENT CO INC CUSTOMER REFUND
175913 12/06/19 62.68 MICHAEL P DECKER CUSTOMER REFUND
175914 12/06/19 45.54 MONTE SCOTT ASTI JR CUSTOMER REFUND
175915 12/06/19 72.04 PAUL ELLISON ASHE CUSTOMER REFUND
175916 12/06/19 30.91 QUENTIN RAY BRAISE CUSTOMER REFUND
175917 12/06/19 40.09 QURBAN B NAYLOR CUSTOMER REFUND
175918 12/06/19 424.46 RURAL HEALTH NETWORK OF MC FL CUSTOMER REFUND
175919 12/06/19 35.80 YOLAIDA MARKIS FERNANDEZ CUSTOMER REFUND
175920 12/06/19 125.00 MERIDIAN WEST LTD CUSTOMER REFUND
175921 12/06/19 1,941.02 OCEANSIDE INVESTORS LLC CUSTOMER REFUND
175922 12/06/19 888.70 OCEANSIDE INVESTORS LLC CUSTOMER REFUND
175923 12/11/19 2,805.08 DEAN A COLEMAN CUSTOMER REFUND
175927 12/12/19 9,309.33 DUNLAP & ASSOCIATES INC CONSULTING SERVICES
175928 12/12/19 3,440.00 ELISA LEVY CONSULTING CONSULTING SERVICES
175929 12/12/19 925.32 FKAA WATER-SEWER
175930 12/12/19 655.32 FL KEYS COMMUNITY COLLEGE MISCELLANEOUS
175931 12/12/19 242.00 FLORIDA KEYS MEDIA ADVERTISING
175932 12/12/19 2,063.48 FREIGHTQUOTE.COM INC FREIGHT
175933 12/12/19 626.98 GLOBAL EQUIPMENT CO EQUIPMENT
175934 12/12/19 82.89 GRAINGER SAFETY
175935 12/12/19 235.93 HOPPING GREEN & SAMS LEGAL SERVICES
175936 12/12/19 909.54 KEY WEST RESORT UTILITIES CORP WATER-SEWER
175937 12/12/19 757.92 LOW KEY FACILITIES MATERIALS
175938 12/12/19 370.00 MAX'S TRUCK TIRE REPAIRS AUTO PARTS/SUPPLIES
175939 12/12/19 421.11 NAPA AUTO PARTS ROYS AUTO PARTS AUTO PARTS/SUPPLIES
175940 12/12/19 22,251.00 PREFERRED GOV INS TRUST INSURANCE
175941 12/12/19 14,693.90 STANDARD INSURANCE COMPANY INSURANCE
175942 12/12/19 626.31 WEISS SEROTA HELFMAN COLE SERVICES
175943 12/12/19 3,453.30 FLORIDA KEYS MEDIA ADVERTISING
175944 12/17/19 363.22 211 DUVAL COMPANY CUSRF
175945 12/17/19 1,148.55 BEE BROTHERS DEV INC CUSRF
175946 12/17/19 190.98 BRENDA JEAN DONNELLY CUSRF
175947 12/17/19 40.35 BRIAN KEITH REININGER CUSRF
175948 12/17/19 12.34 BRUCE EDWARD CASADY CUSRF
Page 5 of 9
175950 12/17/19 59.79 CHARLESWHITEHURST III CUSRF
175951 12/17/19 44.93 CHARLEY TOPPINO & SONS INC CUSRF
175952 12/17/19 87.02 CLP LITTLE TORCH LLC CUSRF
175953 12/17/19 60.17 DEC CONTRACTING GROUP INC CUSRF
175954 12/17/19 99.60 FL SAFETY CONTRACTORS INC CUSRF
175959 12/17/19 0.47 FRANCISCO MORALES CUSRF
175960 12/17/19 0.20 FREDRIC M SCALI CUSRF
175961 12/17/19 41.22 IHOR IWANYCKYJ CUSRF
175962 12/17/19 58.33 JOHN M SHATT CUSRF
175967 12/17/19 420.02 JOHN MURRAY SHATT CUSRF
175968 12/17/19 235.35 KW VACATION PROPERTIES CUSRF
175969 12/17/19 100.05 KEYS HOME & INVEST INC CUSRF
175970 12/17/19 41.89 KNIGHT GARDNER LLC CUSRF
175971 12/17/19 203.66 LAKEWOOD ENTERPRISES INC CUSRF
175972 12/17/19 15.03 LUCIE PAVELEK CUSRF
175973 12/17/19 821.46 MARINO CONST GROUP INC CUSRF
175974 12/17/19 45.33 MARY HEIDT SHATT CUSRF
175975 12/17/19 44.59 MICHAEL LEYFERT CUSRF
175976 12/17/19 2,058.79 MILLIONAIRE GALLERY INC CUSRF
175977 12/17/19 5.89 NANCY MARIE TERAVSKIS CUSRF
175978 12/17/19 19.85 NATIONSTAR MORTGAGE LLC CUSRF
175979 12/17/19 410.67 OCEAN BLUE COMM CUSRF
175980 12/17/19 234.67 PAWEL S ROLEK CUSRF
175981 12/17/19 22.09 PETER W OBERMEYER CUSRF
175982 12/17/19 116.68 QUARRY BIG COPPITT LTD CUSRF
175992 12/17/19 5.29 RANO SHARIPOVA CUSRF
175993 12/17/19 17.10 RAYMOND F LANGLOIS CUSRF
175994 12/17/19 334.73 TERRY ALAN LIPSKY CUSRF
175995 12/17/19 49.81 THOMAS FRANCIS ROBINSON CUSRF
175996 12/17/19 132.38 TYLER DOUGLAS KRIEBLE CUSRF
175997 12/17/19 43.63 VITALIE MOCREAC CUSRF
175998 12/17/19 68.13 WILLIAM J E HOFER CUSRF
Page 6 of 9
176000 12/18/19 6.08 ANTONIO BELLO CUSRF
176001 12/18/19 67.22 CARMEN M RIOS AVILES CUSRF
176002 12/18/19 27.69 CLP LITTLE TORCH LLC CUSRF
176003 12/18/19 135.21 COOPERS BODY SHOP CUSRF
176004 12/18/19 134.45 EILEEN LOUISE DALTON CUSRF
176005 12/18/19 100.27 KW ENGINE SERVICE INC CUSRF
176006 12/18/19 37.21 MARIA TERESA MARRERO CUSRF
176007 12/18/19 85.19 NICOLAS QUIROGA CUSRF
176009 12/18/19 26.05 STEVEN D KUDLATY CUSRF
176010 12/12/19 6,650.81 ADP INC PAYROLL SERVICES
176012 12/12/19 415.04 CARQUEST AUTO PARTS/SUPPLIES
176013 12/12/19 5,418.93 DION FUELS LLC FUEL
176014 12/12/19 236.25 FASTENAL HURRICANE ITEM
176015 12/12/19 3,535.90 FIRST STATE BANK OF FL KEYS BANKING SERVICES
176016 12/12/19 550.00 FLORIDA KEYS SOCIETY FOR HR MGT MEMBERSHIP DUES
176017 12/12/19 2,004.50 IRON MOUNTAIN RECORD MANAGEMENT SERVICES
176018 12/12/19 1,162.00 KEY WEST CHAMBER OF COM GREATER MEMBERSHIP DUES
176019 12/12/19 1,942.00 KEY WEST URGENT CARE INC. SERVICES
176020 12/12/19 1,090.00 MAX'S TRUCK TIRE REPAIRS AUTO REPAIRS/SERVICES
176022 12/12/19 69.96 ROSSMAN & CO OF FLORIDA CONTRACTED SERVICES
176023 12/12/19 9,849.24 SOLARWINDS N-ABLE
COMPUTER
SOFTWARE/MAINTENANCE
176026 12/26/19 43.12 CINTAS CORPORATION UNIFORM SERVICES
176027 12/26/19 480.65 COLONIAL LIFE & ACCIDENT INSUR INSURANCE PAID BY EMPLOYEE
176028 12/26/19 650.00 CONTROL TECHNOLOGIES DISTRIBUTION MATERIALS
176029 12/26/19 39.75 FLORIDA KEYS AQUEDUCT AUTHORITY WATER-SEWER
176030 12/26/19 2,278.82 FMPA SAFETY TRAINING
176031 12/26/19 120.00 KEY WEST CITIZEN SERVICES
176032 12/26/19 1,517.86 HOMESTEAD TIRE & AUTO CTR VEHICLES, PARTS, SERVICES
176034 12/26/19 219.00 SOCIETY FOR HUMAN RESOURCE MGMT MEMBERSHIP DUES
176035 12/27/19 125.00 STRATEGIC ALLIANCE MGMT JV LLC CUSTOMER REFUND
176036 12/30/19 9,150.00 CERTIFIED MOLD TREATMENT FACILITIES SERVICES
Total O&M 188,314.43
20121 12/06/19 111,612.00 CHECK ELECTRIC CONTRACTED SERVICES
20122 12/06/19 201,237.93 WILLIAMS INDUSTRIAL SVS, LLC CONTRACTED SERVICES
20123 12/12/19 373,320.00 INLAND CONST & ENGIN, INC. CONSTRUCTION CONTRACTOR
20124 12/19/19 10,320.00 TERRAMAR ENVIRON SVCS ENVIRONMENTAL
Total R&R 704,827.93
Page 7 of 9
150 12/12/19 92.50 TIDAL BASIN GOV CONSULTING, LLC. CONSULTING SERVICES
151 12/19/19 2,750.00 BENDER & ASSOC ARCHITECTS PA CONTRACTED SERVICES
152 12/19/19 25,074.00 ELECTRIC SUPPLY INC DISTRIBUTION MATERIALS
153 12/19/19 112,789.74 P&G POWER CO. TRANMISSION CONTRACTOR
154 12/26/19 277.50 TIDAL BASIN GOV'T CONSULTING CONSULTING SERVICES
Total R&R EFT 381,127.79
Page 8 of 9
Reason
Code Check Date Check Amount 175838 OCEANSIDE INVESTOR C 11/15/19 1941.02 175839 OCEANSIDE INVESTOR C 11/15/19 888.70 175602 DEAN A. COLEMAN C 09/23/19 2,805.08
Total O&M CK $5,634.80
REF OM WIRE Vendor Name
Reason
Reason
Total OM EFT 0.00 Total O&M $5,634.80
Vendor Name
Reason
Code Check Date Check Amount 20119 WILLIAMS INDUSTRIAL SERVICES, LLC A 11/21/2019 $201,237.93
Total RR CK 201,237.93
Total RR EFT 0.00 TOTAL RR $201,237.93
Reason Code: A Cust/Vendor did not receive, lost check or staledate, stop payment search performed and ck replaced B Wrong vendor entered into system and detected when matching check with invoice C Customer service processed a work ticket requesting check to be voided (i.e. deposit
should have been transferred and not refunded, change of name, etc.) D Wrong amount E Printed check in error, should not be paid at this time F Vouched in error G Research performed on stale dated checks/Abandened Property H Other
Utility Board of the City of Key West, FL
Voided Payment List
Agenda Item #: 7c
AGENDA ITEM WORDING: Approve Fourth Amendment to Lease of Cudjoe Key Peaker Site with Florida Keys Aqueduct Authority. REQUESTED ACTION: Motion to Approve Fourth Amendment to Lease of Cudjoe Key Peaker Site by and between KEYS and Florida Keys Aqueduct Authority, with Annual Rent in the Amount of $1,083.00. DISCUSSION: In 2012, KEYS leased to FKAA the Cudjoe Key Peaker Site for placement of temporary trailers and employee parking. The lease was most recently renewed in 2018 for a one-year term, which expired December 31, 2019. FKAA has requested that KEYS renew the lease through December 31, 2020, with an option for FKAA to extend the term through December 31, 2021. KEYS anticipates that FKAA will sublease two of the temporary trailers which are currently on site to KEYS for operations during the upcoming Cow Key Bridge project. SUPPORTS STRATEGIC PLAN: Goal #2 – Provide the lowest reasonable rates to our customers in a challenging environment. FINANCIAL IMPACT: Proceeds: $1,083.00 Budgeted: Yes Source of Funds:
1-00-421073-00-00000
Agenda Item #: 8a
AGENDA ITEM WORDING: Approve KEYS’ Lease of the Former Learning Center Site from Monroe County School Board. REQUESTED ACTION: Motion to Approve Lease of the Former Learning Center Site by and between KEYS and School Board of Monroe County, Florida. DISCUSSION: In order to maintain efficient operations during the planned Cow Key Channel Bridge repairs, which are expected to significantly impede traffic from Stock Island to Key West, KEYS identified a need for a storage and staging area West of the Cow Key Channel Bridge. KEYS approached the Monroe County School District, and the District agreed to lease KEYS the former site of The Learning Center, an approximately 21,000 square foot site near the North end of White Street. The proposed lease is for a one-year period commencing January 8, 2020, and is without cost to KEYS. The School Board approved the lease at its meeting on December 17, 2019. KEYS’ access to the site will ensure that appropriate vehicles and necessary materials are available for projects within the City of Key West, eliminating the potential for delays resulting from the need to cross the Cow Key Channel Bridge. SUPPORTS STRATEGIC PLAN: Goal #1 – Continually improve the Customer Experience regarding Reliability and Service. FINANCIAL IMPACT: Estimated Annual Cost: N/A Budgeted: N/A Source of Funds: N/A
MCSD—Key Energy Lease Agreement Page 1 of 12
COMMERCIAL LEASE THIS LEASE AGREEMENT is made this eighth day of January, 2020 by and between THE SCHOOL BOARD OF MONROE COUNTY FLORIDA herein referred to as “LANDLORD” and THE UTILITY BOARD OF THE CITY OF KEY WEST, FLORIDA, d/b/a “KEYS ENERGY SERVICES,” herein referred to as “TENANT.” WHEREAS, TENANT is a municipal utility with a mailing address of 1001 James Street, Key West, Florida 33040; and
WHEREAS, TENANT has a need for additional space to operate its programs and services; and
WHEREAS, LANDLORD currently has a portion of its property that can accommodate temporary facilities to be provided by TENANT; and
WHEREAS, LANDLORD finds that the lease of the premises to TENANT is in the best interest of the LANDLORD and the public;
THEREFORE, in consideration of the mutual covenants and conditions described below, LANDLORD and TENANT agree as follows: 1. The above recitals are true and correct and incorporated herein. 2. PREMISES
LANDLORD hereby leases to TENANT and TENANT hereby leases from LANDLORD:
The real property bounded by yellow lines as identified in the sketch attached hereto as Exhibit “A”.
(hereinafter referred to as the "premises" or "demised premises") for the term hereinafter stated, for the rents hereinafter reserved, and upon and subject to the terms, conditions and covenants hereinafter provided:
3. TERM
The term of this Lease (the “Lease Term”) shall commence on the Eighth Day of January, 2020 and end Twelve months from that date, on the Seventh Day of January, 2021
4. RENT The rent and other charges reserved under this Lease for the term hereof shall be and consist of:
A. Base rent shall be One Dollar ($1.00) per lease term, which shall be payable without demand upon the effective date of this Lease agreement on an annual basis. Rent shall be due upon execution of this Lease Agreement, and upon any renewal thereafter.
B. Rent shall be paid to:
MONROE COUNTY SCHOOL DISTRICT C/o Mark T. Porter, Superintendent of Schools 241 TRUMBO ROAD KEY WEST, FL 33040
5. USE
The TENANT will use and occupy the premises for operations, storage of materials and vehicles and for no other use. TENANT must fully comply with all applicable governmental laws and the requirements of the LANDLORD'S insurer. Since the LANDLORD has no knowledge as to the specifics of how the TENANT operates its business the LANDLORD does not make any representations or warranties that the TENANT'S intended use complies with applicable laws or the LANDLORD'S insurer's requirements, and accordingly the TENANT assumes all risks and liabilities of compliance and shall comply with the requirements of the applicable governmental authorities, the LANDLORD'S insurer's requirements as well as with any provision of this Lease.
6. ASSIGNMENT
TENANT shall not assign, sublet, transfer, mortgage, pledge or otherwise encumber or dispose of this Lease during the term hereof, or underlet the demised premises or any part thereof or permit the premises to be occupied by any other persons.
7. CONSTRUCTION, APPLICABLE LAW
The words "LANDLORD" and "TENANT" as used herein shall include the plural as well as the singular. If there be more than one LANDLORD or TENANT, the obligations imposed hereunder upon the LANDLORD or TENANT shall be joint or several. The section headings or titles in this Lease are not a part hereof and shall have no effect upon the construction or interpretation of any part hereof. This Lease shall be construed and enforced under the laws of the State of Florida. Should any provisions of this Lease be illegal or unenforceable under such laws, it or they shall be considered severable and this Lease and its conditions shall remain in force and be binding upon the parties hereto just as though the illegal or unenforceable provisions had never been
included herein. 8. PREPARATION OF THE PREMISES
Unless otherwise provided for pursuant to an addendum to this lease, the premises are being delivered in an "AS IS" condition.
9. ACCEPTANCE OF PREMISES
TENANT'S having taken possession of the demised premises shall be conclusive evidence that the demised premises were in good order and satisfactory condition on the day TENANT took possession. No promise of the LANDLORD to alter, remodel or improve the demised premises and no representations respecting the condition of the demised premises have been made by the LANDLORD to the TENANT, unless the same is contained herein or made a part hereof, and the TENANT will make no claim on account of any representations whatsoever, whether made by any employee, renting agent, broker, officer or other representative of LANDLORD, unless the same is specifically set forth in this Lease.
10. ALTERATIONS AND REPAIRS
The TENANT will, at TENANT'S sole cost and expense, keep the demised premise in good repair and tenantable condition during the term of this Lease. The TENANT will, at the termination of this Lease by lapse of time or otherwise, return the premises to the LANDLORD in as good condition as when received, ordinary wear and tear excepted.
TENANT shall make no alteration, additions, installation, substitutions, improvements or decorations in or to the premises without the written consent of LANDLORD, which consent shall be subject to and upon such terms and conditions as LANDLORD may require and stipulate in such consent, including without limitation, (a) physical and spatial limitations, (b) governmental approvals (c) payment, (d) indemnification, (e) liens, and (f) designation of approved contractors and subcontractors, and (g) aesthetic considerations. This clause shall not be construed to mean that the LANDLORD shall allow any mechanics' liens upon the premises based upon work ordered by the TENANT.
11. COMPLIANCE WITH LAWS, INSURANCE
TENANT shall, during the entire term of this Lease, comply with all statutes, ordinances, rules, orders, regulations, and requirements of the Federal, State, County and City Government, and of any and all their Departments and Bureaus, applicable to said premises, and shall also comply with all rules, orders and regulations of the LANDLORD'S insurer, for the prevention of fires and prevention of accidents as well as damage to property, all at TENANT'S own cost and expense. If by reason of any failure
of TENANT to comply with the provisions of this paragraph, the rate of fire insurance with extended coverage on the building or equipment or other property of LANDLORD or liability insurance shall be higher than it otherwise would be, TENANT shall reimburse LANDLORD, on demand, for the part of the premiums for fire insurance and extended coverage and liability insurance paid by LANDLORD because of such failure on the part of TENANT. TENANT also agrees not to use the premises for any purpose which would increase the cost of liability insurance or fire and extended coverage insurance on the building in which the building in which the leased premises are located over that which applies to normal retail space at the lowest rate. Any use of the premises which would increase such rate must be approved by the LANDLORD before TENANT may use the premises for such purposes. In the event the use to which the premises occupied by TENANT are used increases the insurance rates, then TENANT shall pay to the LANDLORD, as premiums are paid by LANDLORD, amounts equal to the increase caused by TENANT'S use. TENANT'S use and occupancy may not vitiate the insurance contract.
12. EVENTS OF DEFAULT
The occurrence of any of the following shall constitute an event of default hereunder:
A. Discontinuance by TENANT of the conduct of its function(s) and/or business in the Demised Premises.
B. Failure of TENANT to pay when due any installment of rent hereunder or any other sum herein required to be paid by TENANT.
C. Vacation or desertion of the Demised Premises or permitting the same to be empty and unoccupied.
D. TENANT'S failure to perform any non-monetary covenant or condition of this Lease within ten (10) days to cure, in which event TENANT'S failure to proceed diligently to cure such failure shall constitute an event of default.
13. RIGHTS OF LANDLORD UPON DEFAULT BY TENANT A. If the TENANT is in default as defined in sub-paragraphs A to D
inclusive of Paragraph 12 and if the same is not cured by the TENANT within three (3) days after written notice to the TENANT or if the TENANT is in default pursuant to the provisions of sub-paragraph E of Paragraph 13 then the LANDLORD, in addition to all rights and remedies granted under the laws of the State of Florida as the same exist or as may be amended, shall have any or all of the following rights:
i. To re-enter and remove all persons and property from the Demised Premises, and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of TENANT, all without service of notice or resort to legal process and without being deemed guilty of trespass, or
becoming liable for any loss or damage which may be occasioned thereby.
ii. Terminate the Lease and relet the premises for account of the LANDLORD or within the sole discretion of LANDLORD, the premises may be relet for the account of the TENANT.
B. If any part of the rent shall remain due and unpaid after the expiration of the three (3) day period for curing defaults hereinabove provided for, LANDLORD shall have the option of declaring the balance of the entire rent for the entire rental term of this lease to be immediately due and payable, and LANDLORD may then proceed immediately to collect all of the unpaid rent called for by this Lease by distress or otherwise, or terminate this Lease should TENANT fail to pay the balance of the entire rent for the entire rental term.
C. TENANT agrees to pay all costs and expenses of collection, any required fees for posting of a bond, and all attorney's fees for any part of said rental that may be collected by an attorney, suit, distress or foreclosure together with interest on all such amounts at the highest rate allowed by law; and further, in the event that TENANT fails to promptly file and fully perform and comply with each and every condition, covenant or obligation hereunder and the matter is turned over to LANDLORD'S attorney, TENANT shall pay LANDLORD its attorney's fees together with LANDLORD’S administrative costs, whether suit is instituted or not. In the event TENANT goes into default hereunder and LANDLORD'S attorney writes a notice to TENANT of TENANT'S default, TENANT agrees that TENANT will pay to LANDLORD a minimum sum of Two Hundred Fifty Dollars ($250.00) to cover the LANDLORD'S administrative costs and attorney's fees.
D. The parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of the LANDLORD and TENANT, TENANT'S use or occupancy of the Demised Premises, and/or non-payment of rent or additional rent, TENANT will not interpose any counter-claim of any nature or description in any such proceedings. This shall not, however, be construed as a waiver of the TENANT'S right to assert such claims in any separate action or actions brought by the TENANT.
E. TENANT hereby expressly waives any and all right of redemption granted by or under any present or future laws in the event of TENANT being evicted or dispossessed for any cause, or in the event of LANDLORD obtaining possession of the Demised Premises, by reason of violation by TENANT of any of the covenants or conditions of this Lease, or otherwise.
F. The remedies herein are cumulative in nature and accordingly no court shall determine that the LANDLORD has elected one remedy as the exclusive remedy over any other remedy provided for pursuant to this Lease.
14. SUBORDINATION
This lease, and all rights of TENANT hereunder, are and shall be subject and subordinate to all ground leases, overriding leases and underlying leases affecting the demised premises now or hereafter existing and to all mortgages which may now or hereafter affect the demised premises and to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases and mortgages and spreaders and consolidations of such mortgages (which leases and mortgages are sometimes collectively referred to herein for convenience as the "superior mortgage"). This paragraph shall be self-operative and no further instrument of subordination shall be required to make it effective; however, TENANT shall promptly execute and deliver any instrument reasonably requested to evidence such subordination.
TENANT agrees that in the event of any act or omission by the LANDLORD which would give TENANT the right to terminate this Lease, or to claim a partial or total eviction, TENANT shall not exercise any such right until he has notified in writing the holder of any such mortgage which at the time shall be lien on the demised premises or the underlying lessor, if any, of any such act or omission.
15. INDEMNIFICATION
Neither LANDLORD nor any agent or employee of LANDLORD shall be liable to TENANT for any injury or damage to TENANT or to any other person for any damage to, or loss (by theft or otherwise) of, any property of TENANT or of any other person, irrespective of the cause of such injury, damage or loss, unless caused by or due to the negligence of LANDLORD, its agents or employees without contributory negligence on the part of TENANT, it being understood that no property, other than such as might normally be brought upon or kept in the premises as an incident to the reasonable use of the premises for the purposes herein permitted, will be brought upon or be kept in the premises.
The TENANT shall indemnify and save harmless LANDLORD and its agents against and from (a) any and all claims (i) arising from (x) the conduct or management of the demised premises or of any business therein; or (y) any work or thing whatsoever done, or any condition created or permitted to exist (other than by LANDLORD for LANDLORD'S or TENANT'S account) in or about the demised premises during the term of this Lease, or during the period of time, if any, prior to the commencement of the term hereof that TENANT may have been given access to the demised premises, or (ii) arising from any negligent or otherwise wrongful act or omission of TENANT or any of its subtenants or its or their employees, agents or contractors; and (b) all costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon. In case any action or proceeding is brought against LANDLORD by reason of any such claim, TENANT, upon notice from LANDLORD, shall resist and defend such action or
proceeding. TENANT shall carry public liability insurance, in amount of $1,000,000.00 in respect of injuries to any one person, and $3,000,000.00 in respect to any one accident or disaster, with companies and on forms acceptable to LANDLORD, naming both LANDLORD and TENANT as parties insured thereby, insuring the parties against any such claim. All such policies of insurance shall provide thirty (30) days notice to LANDLORD as a condition precedent to the cancellation. Such policy shall be delivered to LANDLORD. TENANT shall provide LANDLORD with evidence of payment of renewal premiums or replacement of policy and payment of premiums not later that thirty (30) days prior to the expiration of any such policy. The public liability policy shall include premises and operations. The maximum liability imposed upon TENANT by virtue of this indemnification shall be one million dollars ($1,000,000.00). Nothing contained herein shall be construed to alter or waive either Party’s right to sovereign immunity under Florida Statute § 768.28. Both Parties acknowledge that indemnification between government entities may be unenforceable under Florida law, and that neither Party waives any legal defense based on the unenforceability of such indemnification provision.
16. WAIVER
The failure of either the LANDLORD or TENANT to insist in any one or more instances upon the strict performance of any one or more of the obligations of this Lease, or to exercise any rights or election herein contained, shall not be construed as a waiver or relinquishment for that or the future of the performance of such or more obligations of the Lease or of the right to exercise such election, but the same shall both continue and remain in full force and effect with respect to that and any subsequent breach, act or omission.
17. NOTICES
All notices required by this Contract, unless otherwise provided herein, by either party to the other shall be in writing, delivered personally, by certified or registered mail, return receipt requested, or by Federal Express or Express Mail, and shall be deemed to have been duly given when delivered personally or when deposited in the United States mail, postage prepaid, addressed as follows:
Monroe County School Board: Superintendent Monroe County School District 241 Trumbo Road Key West, FL 33040 With a copy to District Counsel Vernis & Bowling of the Florida Keys, P.A. 81990 Overseas Hwy, 3rd Floor Islamorada, FL 3303
Tenant: Nick Batty, Esq. Director of Legal & Regulatory Services Keys Energy Services 1001 James Street Key West, FL 33040 19. RULES AND REGULATIONS
TENANT understanding that it will be occupying real property owned by the School Board of Monroe County Florida, expressly agrees to be subject to the reasonable rules and regulations of such body, and hereby covenants and agrees that it and its employees, servants, and agents will at all times observe, perform and abide by said rules and regulations as they exist and as they may be amended hereafter from time to time.
20. ACCESS
LANDLORD or LANDLORD'S agents shall have the right, upon request, to enter and/or pass through the demised premises or any part thereof, at reasonable times during reasonable hours. LANDLORD shall also have the right to enter on and/or pass through the demised premises, or any part thereof, at such times as such entry shall be required by circumstances of emergency affecting the demised premises or the building.
21. SURRENDER, HOLDING OVER
On the last day of the term of this Lease, or upon any earlier termination of this Lease, or upon any re-entry by LANDLORD upon the demised premises, TENANT shall peaceable and without notice of any sort, quit and surrender the demised premises to LANDLORD in good order, condition and repair, except for ordinary wear and tear and such damage or destruction as LANDLORD is required to repair or restore under the terms of this Lease, and TENANT shall remove all of TENANT'S property therefrom. TENANT specifically agrees that in the event TENANT retains possession and does not so quit and surrender the demised premises to LANDLORD, then TENANT shall pay to LANDLORD (i) all damages that LANDLORD may suffer on account of TENANT'S failure to so surrender and quit the demised premises, and TENANT will indemnify and save LANDLORD harmless from and against any and all claims made by succeeding tenant of the demised premises against LANDLORD on account of delay of LANDLORD in delivering possession of the demised premises to said succeeding tenant to the extent that such delay is occasioned by the failure of TENANT to so quit and surrender said premises, and (ii) rent for each month or any applicable portion of a month of such holding over at twice the amount payable for the month immediately preceding the termination of this Lease, during the time the TENANT thus remains in possession. The provisions of this paragraph do not waive any of the LANDLORD'S right of re- entry or any other right under the terms of this Lease. If TENANT shall fail to surrender the premises as herein provided, no new tenancy shall be created and TENANT shall be guilty of unlawful detainer. No surrender of this Lease or of the premises shall be
binding on the LANDLORD unless acknowledged by LANDLORD in writing. 22. COMMON AREAS
All facilities furnished by LANDLORD and designated for the general use, in common, with other occupants of the property, including TENANT, their officers, agents employees and customers, including, but not limited to any of the following which may have been furnished by LANDLORD: parking areas, driveways, entrances and exits thereto, pedestrian sidewalks and ramps, landscaped areas, and other similar facilities, which are not leased to TENANTS shall at all times be subject to the exclusive control and management of LANDLORD, and LANDLORD shall have the right from time to time to change the area, level, location and arrangement of such facilities; to restrict parking by TENANTS and their employees to parking areas; and to limit the numbers of parking spaces to be allocated and used by a specific TENANT, its employees, invitees or guests; and to make all rules and regulations necessary for the proper operation and maintenance of the common facilities.
23. SIGNS
TENANT may exhibit a sign identifying its business operation and such other signs as are customary for the purpose of ensuring safe and orderly operation of TENANT’s business. TENANT further agrees to maintain such signs in good condition and repair at all times and, upon reasonable request of LANDLORD, to promptly remove any such signs.
24. LANDLORD'S LIABILITY
Notwithstanding any provision in this Lease to the contrary, TENANT agrees that TENANT shall look solely to LANDLORD'S interest under this leasehold estate in the event of any default or breach by LANDLORD with respect to any of the terms and provisions of this Lease on the part of the LANDLORD to be performed or observed, and no other assets of LANDLORD shall be subject to levy, execution, or other judicial process or award for the satisfaction of TENANT'S claim.
ADDITIONAL PROVISIONS 25. LANDLORD may terminate this lease following adoption of a finding by the Monroe
County School Board that a need for the lease premises requires TENANT to vacate in order to carry out the mission of the Monroe County School District. Notice of not less than ninety (90) days shall be given prior to the effective date of termination.
26. The TENANT shall not discriminate against any person, or group of persons, on account
of race, color, creed, sex, age, religion, national origin, marital status, handicap, having children or ancestry in the use, occupancy, or enjoyment of all or any part of the demised premises nor shall the TENANT or any person claiming under or through TENANT establish or permit any such practice or practices of discrimination or segregation.
27. LANDLORD hereby reserves the right at any time and from time to time to make alterations or additions to the premises and surrounding area. LANDLORD also reserves the right to construct other or to add to other buildings or improvements to the premises and adjoining property, and/or to permit others to do so, from time to time.
28. This Agreement shall be construed in accordance with the laws of the State of Florida.
Any dispute arising hereunder is subject to the laws of Florida, venue in Monroe County, Florida. The prevailing party shall be entitled to reasonable attorney's fees and costs incurred as a result of any action or proceeding under this Agreement.
29. This Agreement is intended to be performed in accordance with, and only to the extent
permitted by, all applicable laws, ordinances, rules and regulations. If any provision of this Agreement, or the application thereof, to any person or circumstance shall for any reason and to any extent be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the maximum extent possible.
30. This Lease contains the entire agreement between the parties hereto and all previous
negotiations leading hereto and it may be modified only by an agreement in writing signed and sealed by the LANDLORD and TENANT.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
IN WITNESS WHEREOF, the LANDLORD and TENANT have duly signed and executed these presents on this day of , 2019. Signed, sealed and delivered in the presence of: "LANDLORD" SCHOOL BOARD OF MONROE COUNTY FLORIDA
_______________________________ Robert Highsmith, Chairman Attest: _______________________________ Mark T. Porter, Superintendent of Schools "TENANT" THE UTILITY BOARD OF THE CITY OF KEY WEST, FLORIDA d/b/a “KEYS ENERGY SERVICES” BY: Printed name and title: _____________________________ Witness as to TENANT _______________________________ Printed name: _____________________________
EXHIBIT “A”
Proposer: Lynne E. Tejeda, General Manager & CEO Department: Finance - Purchasing
Agenda Item #: 8b
AGENDA ITEM WORDING: Award Bid 03-20 for Purchase of Underground Cable Puller. REQUESTED ACTION: Motion to Award Bid 03-20 for Purchase of Underground Cable Puller in the amount of $161,527.00 to Sherman + Reilly, Inc. DISCUSSION: KEYS is undertaking an increasing number of underground projects within its service area. New line extensions coupled with increased maintenance needs for existing underground projects has rendered KEYS’ current wire pulling procedures inadequate. Currently, KEYS utilizes a hitch-mounted Capstan hoist to pull wire. Staff recommends purchasing the Sherman + Reilly cable puller to increase project safety and efficiency. KEYS received five bids in response to the Call for Bids. KEYS staff determined Sherman + Reilly to be the best bidder because the machine is designed with the following features:
• Self-supported hydraulic boom • Steel wire cable • Geared puller (rather than drum) • Wireless remote control • Small footprint • Single engine
Staff recommends awarding to the best bidder, Sherman + Reilly, Inc., in the amount of $161,527.00.
Company Complies with
Yes Yes $139,293.79
Sherman + Reilly, Inc.
No* Yes $161,527.00
Yes Yes $165,091.24
No Yes $166,350.00
Nesco, LLC No Yes $179,475.00 *The Call for Bids specified a two-year warranty period. Sherman + Reilly offers a one- year warranty period.
Agenda Item Summary Sheet Meeting Date: January 8, 2020
Proposer: Lynne E. Tejeda, General Manager & CEO Department: Finance - Purchasing
Agenda Item #: 8b
SUPPORTS STRATEGIC PLAN: Goal #1 – Continually improve the Customer Experience regarding Reliability and Service; Strategy #1.3.1 – Strive for a SAIDI level that exceeds the Florida Municipal SAIDI average. FINANCIAL IMPACT: Total Cost: $161,527.00 Budgeted: Yes Source of Funds: 1-34-107390-50-20049
Utility Board Meeting Agenda - Wed. January 8, 2020
6. Informational Items
6a) Department Staff Report - Radio Frequency Interference (RFI) - Dan Sabino, Director of Engineering
6b) Power Supply Report - November 2019
6c) Generation Report - November 2019
Unit Availability / First Starts - Nov 2019
6d) Rate Comparison Report - October 2019
6e) Financial and Operational Indicators – September, October and November 2019
Indicators - Twelve Months Ended Sep 30, 2019
Indicators - Month End Oct 31, 2019
Indicators - Month End Nov 30, 2019
6f) Schedule of Unit Price Purchase Orders Report
6g) Quarterly Federal Emergency Management Agency(FEMA) Report
6h) Cow Key Channel Update
7. Consent Agenda
7a) Approve Minutes - Regular Utility Board Meeting - December 4, 2019
Regular Utility Board Meeting Minutes- December 4, 2019
7b) Approve Disbursement Report
7c) Approve Fourth Amendment to Lease of Cudjoe Key Peaker Site with Florida Keys Aqueduct Authority
FKAA/KEYS Fourth Lease Amendment - Jan 2020
FKAA/KEYS Lease Agreement - Nov 2012
FKAA/KEYS First Lease Amendment - April 2015
FKAA/KEYS Second Lease Amendment - Aug 2017
FKAA/KEYS Third Lease Amendment - Sept 2017
8. Action Items
8a) Approve KEYS’ Lease of the Former Learning Center Site from Monroe County School Board
KEYS/ MCSB Lease Agreement
8b) Award Bid 03-20 for Purchase of Underground Cable Puller
Specifications / Underground Puller
Features/ Description/ Photo

Documents

AGENDA - KEYS Energy Services