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2013-112
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2013-112
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Last modified
12/2/2015 11:52:31 AM
Creation date
10/1/2015 5:22:33 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/18/2013
Control Number
2013-112
Agenda Item Number
10.A.2
Entity Name
Pivotal Utility Holdings, Inc.
Subject
Non-Exclusive Franchise Agreement
Natural Gas facilities
Alternate Name
Florida City Gas
Supplemental fields
SmeadsoftID
11999
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provide the County with documentation attesting to its qualified status. To insure that the <br /> amount of liability insurance or self-insurance is consistent with industry standards, as <br /> such standards may change during the lengthy term of the Franchise (including renewals <br /> or extensions), the Parties agree to meet approximately every five years to evaluate <br /> whether the amount of liability insurance or self-insurance provided under this <br /> Agreement is consistent with then-existing industry standards. If the Parties determine in <br /> good faith that the amount of liability insurance or self-insurance is less than the then- <br /> existing industry standard, the amount of such insurance shall be increased to be <br /> consistent with such standard. <br /> SECTION 5. INSTALLATION OF GAS MAINS ; MAP OF GAS LINES <br /> Before the commencement of the construction of any Gas System Facilities, the <br /> Franchisee shall provide a drawing to the County establishing the location, lines or any <br /> other information reasonably requested by the County in connection with the Gas System <br /> Facilities . The laying of such Facilities shall conform to the designated locations, lines or <br /> other conditions of the County. After completion of the installation of any Facilities, two <br /> copies of complete location maps will be furnished to the County. The Franchisee and the <br /> County shall cooperate with respect to the form and format of the location maps. <br /> Franchisee agrees that the materials to be used in the construction, operation and <br /> maintenance of the Gas System Facilities and the service to be rendered shall be <br /> consistent with local industry standards and equivalent to those provided to the <br /> Franchisee ' s other franchised communities. <br /> The Franchisee shall, at all times, keep an accurate map showing the location of <br /> all Gas System Facilities laid and maintained by Franchisee under this Franchise, which <br /> shall be accessible for inspection by County officials upon advance written notice during <br /> reasonable business hours . <br /> SECTION 6. ACCIDENTS OR DAMAGES ; EMERGENCIES <br /> The County shall not be liable or responsible in any manner whatsoever for any <br /> accident, personal injury, property damage or any claim or damage that may occur in the <br /> course of the construction, operation or maintenance of any of its Facilities by <br /> Franchisee, and its employees, agents, contractors, and any third parties hired by <br /> Franchisee to perform any aspect of Franchisee ' s responsibilities under this Agreement, <br /> except for damages specifically caused by or arising out of the negligence, strict liability, <br /> intentional torts or criminal acts of the County. Nothing in this Agreement shall be <br /> construed to affect in any way the County' s rights, privileges, and immunities under the <br /> doctrine of "sovereign immunity" as set forth in Section 768 .28 , Florida Statutes. <br /> The County acknowledges that, in the event of an emergency involving the Gas <br /> System Facilities, Franchisee ' s obligations to notify various constituents of such <br /> circumstances are regulated by the FPSC . <br /> 5 <br /> i <br />
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