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HomeMy WebLinkAbout2007 05 29 Consent 204 Approval To Authorize Natural Gas Service Agreement with Florida Public Utilities Company COMMISSION AGENDA ITEM 204 Consent May 29. 2007 Regular Meeting Mgr. / Dept. Authorization REQUEST: The Parks and Recreation Department requests City Commission approval to authorize the execution of a Natural Gas Service Agreement with Florida Public Utilities Company for heating the Senior Center Therapy Pool. PURPOSE: To purpose of this item is to obtain City Commission approval to execute the agreement needed to provide Natural Gas Service to heat the Senior Center Therapy Pool. CONSIDERATIONS: . Parks and Recreation staff has researched the use of electric. solar. propane. and natural gas to heat the Senior Therapy Pool and recommends Natural Gas. . Natural Gas is available on Edgemon A venue. . Florida Public Utilities will pay the total cost to purchase and install the gas line. meter and EFV (Excess Flow Valve). . The current cost of Natural Gas is $ 1.17 per thermo It is estimated that the pool will use about 3.500 therms per year. The Natural Gas cost is estimated to be $ 4. 095 per year. . The agreement is a 4 year agreement and thereafter annual renewal with a 90 day prior notice cancellation. . This agreement is contingent upon final review and approval of the City Attorney. FUNDING: Budgeted in FY07/08 - $ 4,095.00 Senior Center Therapy Pool Utilities. RECOMMENDATIONS: The Parks and Recreation Department recommends approval to authorize the execution of a Natural Gas Service Agreement with Florida Public Utilities Company for heating the Senior Center Therapy Pool. ATTACHMENTS: # I Florida Public Utilities Company Natural Gas Service Agreement. COMMISSION ACTION: ATTACHMENT 11 1 FLORIDA PUBLIC UTILITIES COMPANY NATURAL GAS SERVICE AGREEMENT THIS agreement entered into this 14th day of May 2007 between Florida Public Utilities Company, hereinafter called "Conlpeny" and City of WIl1ter Springs hereinafter caned "Customer". Customer agrees to buy gas from Company and Company agrees to.. gas to Customer at 400 N. Edgemon Ave., Winter Springs, Fl32708 under Company's Rate Schedule No. GS and under the terms and conditions of this oontract for the term of 4 year(s) after the commencement of service by Company to Customer and thereafter fnlmvear to year U'd wrilIen notice of canoelIaIion shall be given by either party to the other at least 90 days prior to the annual renewal .... Service under this agreement shall convnence on or abW August 01, 2007, or within 90 days of the date that Company has i1sIriIed the necessary mains, meters, and other essential equipment to serve the Customer, whichever is /liter. Customer and owner agree to permit the Company to inslaII its facilities on the property and to provide Company with egress and ivess to install, maintain or ren'IllYe its gas 1M and equipment and to periodically read Is meter; ancl"ftdler agree that aI facIIIlIes inIIIIed by the Company, up to and including the outlet of the gas meter, shaD forever remain the property of the Company. Customer, if alwlal owner of property on which Installation is to be made, shaD provide Company with either wrltlen docwnelltatlon of property CIIIll!I's consent for the InstaIIatlon of a natural gas service on the property or have the property owner c:ofl1lIele a Property Owner's Consert Form (FPUC Form No. POCF). Customer agrees to pay Company for aD service rendered hereunder at the above designated '* as It is now or may lUleequenIIy be lawfully amended or superseded. This agreement Includes Company's Rules and Regulations except in such terms wherein a contrary iment is here expressed. No agent or employee of Company has any power to amend or waive any of the provisions of this conIract or to make any pronise or represelltation contrary to, or inconsistent with, the provisions hereof. This instrument constitutes the entire contract betWeen the pries. Customer agrees to accept and be bound by all rules and regulations of Company in connection with the service hereby CCMnd, which are now or may hereafter be filed with, issUed and promulgated by the Florida Public Service Commission or other GcMmmentaI bodies havitg jurisdiction thereof. Company and Customer do respect;.JeIy assume full responsibility and liability for the maintenance and operation of the facIIies owned or operated by eech and each shall inderMify and save harmless the other from any andaB 1018 or damage sustained, lRI from any and aR IiabRy including injury to persons and property incurred, arising from any act or accident In connection with the i "- "\)n, presence, maintenance and operation of faciIitles operated by the indemnifying party unIess.the same shall be due to the sole negligence of the other party, its agents, employees, contractors, guests or invitees. RESIDENTIAL CUSTOMERS ONLY - Excess Flow Valve (EFV) see CFR, Title 49, Part: 192.381: The EFV is a safety device designed to shut-off the fIc7N of gas in the event the flow of gas exceeds the design capacity which may occur when the line is accidenlaIIy ruptured. The instaIation eo&t of this device is $95.00, if request is made prior to service line nstIIIItion. Additional charges may be incwred for maintenance and/or replacement of the EFV or for EFV klStallallon after the service Iile ilst8IIation is complete. Company does not warrant the device other than the manufacturer warranty. . I hereby accept the installation of an EFV _I hereby decline installalipn of an EFV This agreement shaH not be binding upon Company until approved and accepted on its behalf by one of its representatives in the &pIC8 provided below, and thereafter shall bind and benefit the parties hereto, their successors and assigns. All correspondence and notices required under this contract are to be addressed to Customer at: ~ , and to Company at: (Street) 450 S. Highway 17-92, (Street) (City, State and Zip Code) , DeBary, FL 32713. (City, State and Zip Code) (Customer) APPROVED AND ACCEPTED BY FLORI L1C UTIL TIES COMPANY V[ by (Designated Title) FLORIDA PUBLIC UTILITIES COMPANY NATURAL GAS SERVICE AGREEMENT THIS agreement entered into this 14th day of May 2007 between Florida Public Utilities Company, hereinafter called .Company" and City of Winter Springs hereinafter called "Customer". Customer agrees to buy gas from Company and Company agrees to sell gas to Customer at40Q N. Edgemon Ave., Winter Springs, FL 32708 under Company's Rate Schedule No. GS and under the terms and conditions of this contract for the term of 4 year(s) after the commencement of service by Company to Customer and thereafter from year to year until written notice of cancellation shall be given by either party to the other at least 90 days prior to the annual renewal date. Service under this agreement shall commence on or about August 01, 2007, or within 90 days of the date that Company has installed the necessary mains, meters, and other essential equipment to serve the Customer, whichever is later. Customer and owner agree to permit the Company to Install its facilities on the property and to provide Company with egress and ingress to install, maintain or remove its gas line and equipment and to periodically read its meter; and'further agree that all facilities installed by the Company, up to and including the outlet of the gas meter, shall forever remain the property of the Company, Customer, if other .than owner of property on which installation is to be made, shall provide Company with either written documentation of property owner's consent for the installation of a natural gas service on the property or have the property owner complete a Property Owner's Consent Form (FPUC Form No. POCF). Customer agrees to pay Company for all service rendered hereunder at the above designated rate as it is now or may subsequently be lawfully amended or superseded. This agreement includes Company's Rules and Regulations except in such terms wherein a contrary intent is here expressed. No agent or employee of Company has any power to amend or waive any of the provisions of this contract or to make any promise or representation contrary to, or inconsistent with, the provisions hereof. This instrument constitutes the entire contract between the parties. Customer agrees to accept and be bound by all rules and regulations of Company in connection with the service hereby covered, which are now or may hereafter be filed with, issued and promulgated by the Florida Public Service Commission or other Governmental bodies having jurisdiction thereof. Company and Customer do respectively assume full responsibility and liability for the maintenance and operation of the facilities owned or operated by each and each shall indemnify and save harmless the other from any and all loss or damage sustained, and from any and all liability including injury to persons and property incurred, arising from any act or accident in connection with the installation, presence, maintenance and operation of facilities operated by the indemnifying party unless the same shall be due to the sole negligence of the other party, its agents, employees, contractors, guests or invitees. RESIDENTIAL CUSTOMERS ONLY - Excess Flow Valve (EFV) see CFR, Title 49, Part: 192.381: The EFV is a safety device designed to shul-off the flow of gas in the event the flow of gas exceeds the design capacity which may occur when the line is accidentally ruptured. The installation cost of this device is $95.00, if request is made prior to service line installation. Additional charges may be incurred for maintenance and/or replacement of the EFV or for EFV installation after the service line installation is complete. Company does not warrant the device other than the manufacturer warranty. .1 hereby accept the installation of an EFV _ I hereby decline installation of an EFV This agreement shall not be binding upon Company until approved and accepted on its behalf by one of its representatives in the space provided below, and thereafter shall bind and benefit the parties hereto, their successors and assigns. All correspondence and notices required under this contract are to be addressed to Customer at: ~ (Street) 450 $. Highway 17-92, (Street) ;f!&ui:J t:../. ~cL ~ , (Customer) City Manager (Designated Title) , and to Company at: (City, State and Zip Code) DeBary, FL 32713. (City, State and Zip Code) APPROVED AND ACCEPTED BY FLORI L1C UTIL TIES COMPANY ?t. by.