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 2. Invocation 3. Mission and Vision 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
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
Distribution O&M Expense Past Due Customers - YTD
Last YearBudget
$599,256 $8,196
Non-Operating Revenue & (Expense)
Avg PCA ($16.96) is lower than budget of ($0) = ($1.1M); PCA
undercollection ($629K); $1.5M Energy & Demand
2.75 $7,524,741
Acceptable Variance Favorable Provide Explanation Monitor
For the One Month Ended October 31, 2019Financial Indicators
Utility Board of the City of Key West, Florida
Electric Revenue Debt Service Coverage Ratio
Budget Required by Bond Covenant
Budget
$4,594,718
10% 20%
$7,747,696 1.25
$3,650,723
$1,803,905
Budget Budget
5,510 $1,420,665
Distribution O&M Expense Past Due Customers - YTD
Last YearBudget
$1,232,614 ($735,908)
Non-Operating Revenue & (Expense)
Avg PCA ($16.96) is lower than budget of ($0) = ($2.2M); PCA
undercollection ($1.9M); $2M Energy & Demand
2.74 $14,432,144
Acceptable Variance Favorable Provide Explanation Monitor
For the Two Months Ended November 30, 2019Financial Indicators
Utility Board of the City of Key West, Florida
Electric Revenue Debt Service Coverage Ratio
Budget Required by Bond Covenant
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
3019 12/02/19 4,030.14 KEYS PENSION FUND 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
3043 12/12/19 2,375.64 INFOSEND INC. CONTRACTED SERVICES
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
3056 12/13/19 174,852.07 KEYS PENSION FUND 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
3084 12/26/19 9,993.73 INFOSEND INC. CONTRACTED SERVICES
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
3092 12/27/19 174,282.04 KEYS PENSION FUND 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
5890 12/04/19 104,915.32 CIGNA HEALTHCARE INSURANCE
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
5894 12/13/19 348,744.52 ADP ACH NET PR PAYROLL SERVICES
5895 12/13/19 77,200.65 ADP TAXES PAYROLL TAXES
5896 12/13/19 1,311.48 ADP WAGE GARNISHMENT PAYROLL SERVICES
5897 12/13/19 6,351.97 FL LEAGUE OF CITIES PAYROLL SERVICES
5898 12/13/19 289.40 FL PREPAID COLLEGE PROGRAM PAYROLL
SERVICES
5899 12/13/19 9,468.49 NATIONWIDE RETIREMENT PAYROLL SERVICES
5900 12/13/19 2,218.06 VOYA RETIREMENT INS PAYROLL SERVICES
5901 12/13/19 51,534.58 CIGNA HEALTHCARE INSURANCE
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
5904 12/26/19 323,876.36 ADP ACH NET PR PAYROLL SERVICES
5905 12/26/19 68,552.32 ADP TAXES PAYROLL SERVICES
5906 12/26/19 1,368.73 ADP WAGE GARNISHMENT PAYROLL SERVICES
5907 12/26/19 6,351.92 FL LEAGUE OF CITIES PAYROLL SERVICES
5908 12/26/19 289.40 FL PREPAID COLLEGE PROGRAM 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
5911 12/26/19 28,808.12 CIGNA HEALTHCARE INSURANCE
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
175924 12/12/19 645.00 ALTEC INDUSTRIES INC VEHICLES, PARTS,
SERVICES
175925 12/12/19 3,701.28 AT&T TELEPHONE EXPENSE
175926 12/12/19 3,245.87 AT&T TELEPHONE EXPENSE
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
175955 12/17/19 100.10 FL SAFETY CONTRACTORS INC CUSRF
175956 12/17/19 100.49 FL SAFETY CONTRACTORS INC CUSRF
175957 12/17/19 97.41 FL SAFETY CONTRACTORS INC CUSRF
175958 12/17/19 98.92 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
175963 12/17/19 107.44 JOHN M SHATT CUSRF
175964 12/17/19 55.57 JOHN M SHATT CUSRF
175965 12/17/19 63.77 JOHN M SHATT CUSRF
175966 12/17/19 55.45 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
175983 12/17/19 115.65 QUARRY BIG COPPITT LTD CUSRF
175984 12/17/19 105.77 QUARRY BIG COPPITT LTD CUSRF
175985 12/17/19 115.25 QUARRY BIG COPPITT LTD CUSRF
175986 12/17/19 116.30 QUARRY BIG COPPITT LTD CUSRF
175987 12/17/19 29.46 QUARRY BIG COPPITT LTD CUSRF
175988 12/17/19 43.95 QUARRY BIG COPPITT LTD CUSRF
175989 12/17/19 36.87 QUARRY BIG COPPITT LTD CUSRF
175990 12/17/19 109.30 QUARRY BIG COPPITT LTD CUSRF
175991 12/17/19 28.43 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
176008 12/18/19 105.69 QUARRY BIG COPPITT LTD CUSRF
176009 12/18/19 26.05 STEVEN D KUDLATY CUSRF
176010 12/12/19 6,650.81 ADP INC PAYROLL SERVICES
176011 12/12/19 2,672.58 AT&T TELEPHONE EXPENSE
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
176021 12/12/19 49.95 PHSI FACILITIES 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
176025 12/26/19 196.38 ALTEC INDUSTRIES INC VEHICLES, PARTS,
SERVICES
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
176033 12/26/19 449.55 PHSI FACILITIES 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
MCSD—Key Energy Lease Agreement Page 2 of 12
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
MCSD—Key Energy Lease Agreement Page 3 of 12
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
MCSD—Key Energy Lease Agreement Page 4 of 12
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
MCSD—Key Energy Lease Agreement Page 5 of 12
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.
MCSD—Key Energy Lease Agreement Page 6 of 12
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
MCSD—Key Energy Lease Agreement Page 7 of 12
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
MCSD—Key Energy Lease Agreement Page 8 of 12
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
MCSD—Key Energy Lease Agreement Page 9 of 12
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.
MCSD—Key Energy Lease Agreement Page 10 of 12
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
MCSD—Key Energy Lease Agreement Page 11 of 12
_______________________________ 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