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HomeMy WebLinkAboutAgreement_General_10/08/2015 (9) r-L FPL Account Number. 84098 -22114 FPL Work Order Number: 6359386 STREET LIGHTING AGREEMENT In accordance with the following terms and conditions, VILLAGE OF TEQUESTA (hereinafter called the Customer), requests on this 20th day of Jam, 2015, from FLORIDA POWER & LIGHT COMPANY (hereinafter called FPL), a corporation organized and existing under the laws of the State of Florida, the following installation or modification of street lighting facilities at (general boundaries) s/o 4979 Teguesta Dr walkway located in Teguesta ,33469 , Florida. (a) Installation and/or removal of FPL-owned facilities described as follows: Lights Installed Lights Removed Fixture Rating Fixture Type # Installed Fixture Rating Fixture Type # Removed in Lumens (in Lumens) 9500 COBRA HEAD t Poles installed Poles Removed Conductors Installed Conductors Removed Pole Type # Installed Pole Type # Removed Feet not Under Paving Feet not Under Paring Feet Under Paving Feet Under Paving (b) Modification to existing facilities other than described above (explain fully):0 That, for and in consideration of the covenants set forth herein, the parties hereto covenant and agree as follows: FPL AGREES: 1. To install or modify the street lighting facilities described and identified above (hereinafter called the Street Lighting System), furnish to the Customer the electric energy necessary for the operation of the Street Lighting System, and furnish such other services as are specified in this Agreement, all In accordance with the terms of FPL's currently effective street lighting rate schedule on file at the Florida Public Service Commission (FPSC) or any successive street lighting rate schedule approved by the FPSC. THE CUSTOMER AGREES: 2. To pay a contribution in the amount of $0.00 prior to FPL's initiating the requested installation or modification. 3, To purchase from FPL all of the electric energy used for the operation of the Street Lighting System. 4. To be responsible for paying, when due, all bills rendered by FPL pursuant to FPL's currently effective street lighting rate schedule on fie at the FPSC or any successive street fighting rate schedule approved by the FPSC, for facilities and service provided in accordance with this agreement. 5. To provide access, final grading and, when requested, good and sufficient easements, suitable construction drawings showing the location of existing and proposed structures, identification of all non -FPL underground facilities within or near pole or trench locations, and appropriate plats necessary for planning the design and completing the construction of FPL facilities associated with the Street Lighting System. 6. To perform any clearing, compacting, removal of stumps or other obstructions that conflict with construction, and drainage of rights -of -way or easements required by FPL to accommodate the street lighting facilities. i'm; icf: IT I$ MUTUALLY AGREED T I IA f: 7. Modifications to !lie facilities provided by FPL under this agreement. other than foi maintenance, may only be made through the execution, of an additional street lighting agreement delineating the modifications to be accomplished. fviodificaflion of FPL striae; lighling facililies is defined as the following: a the addition of street lighting facilities h the removal of street lighting facilities; and c. the removal of street lighting facilities and the replacement of Such facilities wt, ", nee;✓ facilities and/or additional facilities. Arredificatiens will be subject to the costs idenSfed in FPL's currently effective street lighting rate schadule on file at the FPSC, or any successive schedule approved by the FPSC. B. FPL will. at the request of the Customer, relocate the street Ighling facilities covered by this agreement, r provided sufficient right -of -ways or easements to do so. The Customer shall be responsible for the payment of all costs associated with any s ,ch Customer- requested relocation of FPL street lighting facilities Payment shall be made by the Custenler In advance of any relocation 9 FPL may, at any time. substitute for any luminaireilamp installed hereunder arether luminairellamp %vhich shall be of at least equal illuminating capacity and efficiency. 10. This Agreement shall be for a term of ten (10) years from the date of iniiiatio of servi and, except as p belov., shall extend thereafter for further successive periods of five (5) years from the expiration of the inittal ten (10) year term or from the expiration of any extension thereof. The date or initiation of service shall be defined as the date the first lights are energized and billing begins, not the date of this Agreement TICS Agreement shall be extended automatically beyond the initial the (10) year term or any extension•, thereof, unless either party shall have given written notice to the other of its desire to terminate this Agreement. The v✓ritten notice shall be by cediSed mail and shall be given not less than ninety (90) days before the expiration of the i „ ,tial ten' 10) year term, or any extension thereof. 11. In the event street fighting facilities covered by this agreement are removed. either at the request of the Customer or through termination or breach of this Agreement, the Customer shall be responsibl for paying to FPL an amount equal to !fie original installed cost of the facilities provided by FPL under this agreement less any salvage value and any depreciation (based on current depreciation rates as approved by the FPSC) plus removal cost. 12 Should the Customer fail to pay any bills due a na : endered pursuai'. to this agreement or otherwise fail to perform the obligations contained in this Agreement, said obligations being material and going to the essence o this Agreement. FPL may cease to supply electric energy or service until lice Customer has paid the bills due and rendered or has fu ly cured such other breach of this Agreement. Any failure of FPL to exercise its rights hereunder shall not be a waver of its rights It is understood. however, that such discontinuance of the supplying of electric energy or service shail not constitute a breach of this Agrearrerr by FPL, nor shalt it relieve the Customer of the obligation to perform any of the terms and conditions of this Agreement. I '- The obligation to furnish or purchase service shall be excused at any Zinnia that either party is prevented from complying with this Agreement by strikes, lockouts, fires, riots, acts of God. the public enemy or by cause or causes not under the control of the party thus prevented from compliance, and FPL shall not have the obligation to furnish service if it is prevented from complying with this Agreement by reason of any partial temporary or entire shut -down of service vanish. in the sole opinion of FPL. is reasonably necessary for the purpose of repairing or making more efficient all or any part of its generating or other electrical equipment 14 This Agreement supersedes all previous Agreements or representations. either , rilten, oral or otherwise between the Customer and FPL. with respect to the facilities referenced herein and constitutes the entire Agreement oetween the parties. This Agreement does not create any rights or provide any remedies to third parties or create any additional duty obligation or undertakings by FPL to third parties. 5. In the event of the sale of the real property upon which the facilities are installed, upon the written consent of FPL. this Agreement may be assigned by the Customer to the Purchaser. No assignment shall relieve the Customer from its obligations hereunder until such obligations have beer assumed by the assignee and agreed to by FPL. 1 u This Agreement shall inure to the benefit of. and be birding upon: the successors and assigns of the Customer and FPL. 17 This Agreement is subject to FPL Electric TariF. including oui not limited to the Generaf Rules and Regulations for Electric Service and the Rules of the FPSC, as they are riow :bitter:, or as they may be hereafter revised” amended or supplemented. In the event of any conflict between the terms of this Agreement, and the provisions of the FPL Electric Tariff cor the FPSC Pules the provisions of the Electric Tariff and FPSC Rules shall control, as they are now written or as they may be. hereafter revised. amended or supplemented IN WITNESS WHEREOF, the parties hereby caused t'us Agreerne -it to be executed in triplicate by thei, d,li;r authorized representatives to be effective as of the day and year first written above. Charges ane ' `is Accepted: VILLAGE OF TE FLORIDA ?O'JdER t?: LIGi-IT COMPANY r. {P sy�omype me of Organization'! By — -- 1 Si tune (Authprizec P.epre n tivei (Signature) Vaughn Moncrie e r ✓ ` (Print br type nan e) a 'Print or type rame) - i Tida�� ,� _ _ - Titie: Technicai Specia 11 ADDENDUM Public Records: In accordance with Sec. 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Scope of Services. Upon request, the Contractor must provide the public with access to such records in accordance with access and cost requirements of Chapter 119, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Scope of Services are not disclosed except as authorized by law. Finally, the Contractor shall retain the records described in this paragraph throughout the performance of the work described in the Scope of Services, and at the conclusion of said work, transfer to the Village, at no cost to the Village, all such records in the possession of the Contractor and destroy any duplicates thereof. Records that are stored electronically must be transferred to the Village in a format that is compatible with the Village's information technology systems. Ch. 2013 -154 LAWS OF FLORIDA Ch. 2013 -154 lieu of written agreements for classes of contractual services; revising terminology; creating s. 287.136, F.S.; requiring the Chief Financial Officer to perform audits of executed contract documents and to discuss such audits with the agency officials; requiring the agency head to respond to the audit; amending s. 287.076, F.S.; providing that Project Management Professionals training for personnel involved in managing outsourcings and negotiations is subject to annual appropriations; amending ss. 16.0155, 283.33, 394.457, 402.7305, 409.9132, 427.0135, 445.024, 627.311, 627.351, 765.5155, and 893.055, F.S.; conforming cross- refer- ences; providing effective dates. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 119.0701, Florida Statutes, is created to read: 119.0701 Contracts; public records.— (1) For purposes of this section, the term: (a) "Contractor" means an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency as provided under s 119.011(2). (b) "Public agency" means a state, county, district, authority, or muni- cipal officer, or department, division, board, bureau, commission, or other separate unit of government created or established by law. (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to• (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c_ Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency_ 2 CODING: Words str-iel£en are deletions; words underlined are additions. Ch. 2013 -154 LAWS OF FLORIDA Ch. 2013 -154 (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. Section 2. Section 215.971, Florida Statutes, is amended to read: 215.971 Agreements funded with federal or and state assistance. — (1) F�w An agency agreement that provides state financial assistance to a recipient or subrecipient, as those terms are defined in s. 215.97, or that provides federal financial assistance to a subrecipient, as defined by applicable United States Office of Management and Budget circulars, must the agreement shall include all of the following (a)(44 A provision specifying a scope of work that clearly establishes the tasks that the recipient or subrecipient is required to perform, –ate W-2) A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable must be directly related to the scope of work and must specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. (c) A provision specifying the financial consequences that apply if the recipient or subrecipient fails to perform the minimum level of service required by the agreement. The provision can be excluded from the agreement only if financial consequences are prohibited by the federal agency awarding the grant. Funds refunded to a state agency from a recipient or subrecipient for failure to perform as required under the agreement may be expended only in direct support of the program from which the agreement originated (d) A provision specifying that a recipient or subrecipient of federal or state financial assistance may expend funds only for allowable costs resulting from obligations incurred during the specified agreement ep riod (e) A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the state agency. (f) A provision specifying that any funds paid in excess of the amount to which the recipient or subrecipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. (g) Any additional information required pursuant to s 215.97. (2) For each agreement funded with federal or state financial assistance, the state agency shall designate an employee to function as agrant manager who shall be responsible for enforcing performance of the agreement's terms and conditions and who shall serve as a liaison with the recipient or subrecipient. 3 CODING: Words s#r-iel£en are deletions; words underlined are additions.