HomeMy WebLinkAboutDuke Energy FL01 Lighting Service Agreement - 2023 08 23(.� DUKE
ENERGY
Agreement # DEFFL49475125
FL01 LIGHTING SERVICE AGREEMENT
Customer Information:
CITY OF WINTER SPRINGS
140.732.7757
Account Number:
9100 8944 5084
Duke Energy Representative Contact Info:
Gregory Seel
Project Information:
000 E STATE ROAD 434
WINTER SPRINGS Florida 32708
Work Order Number:
49475125
This Lighting Service Agreement is hereby entered into this 23rd day of August, 2023, between Duke
Energy (hereinafter called the "Company") and CITY OF WINTER SPRINGS (hereinafter referred to as the
"Customer") for lighting service at the above location(s). The Customer agrees to receive and pay for
lighting service from the Company in accordance with the rates, terms and provisions of the Company's
Rate Schedule LS1U and Service Regulations, or its successor, as the same is on file with the Florida
Public Service Commission (FLORIDA PUBLIC SERVICE COMMISSION) and as may be amended and
subsequently filed with the FLORIDA PUBLIC SERVICE COMMISSION.
To the extent there is any conflict between this Agreement and the Lighting Service Rate Schedule, the
Lighting Service Rate Schedule shall control. In the event of termination by the Customer during the initial
term of this agreement under this rate schedule or upon early termination of service under this schedule,
the customer agrees to pay remaining terms of this agreement as delegated by the FLORIDA PUBLIC
SERVICE COMMISSION.
The date of initiation of service shall be defined as the date the first light(s) is energized or billing is
transferred and shall continue hereafter until terminated by either party upon written notice 3 days prior to
termination. It is further agreed that Duke Energy reserves the right to discontinue service and remove any
Duke Energy -owned facilities from the Customers premise if the Customer violates any of the terms of the
Service Regulations, Rate Schedule or this Agreement.
Customer Signature
Duke Energy Representative
Date Signed !b3L,7—z3
Date Signed
THIS IS NOT A BILL. PLEASE DO NOT SEND A PAYMENT IN RESPONSE TO THIS COMMUNICATION.
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DUKE Agreement # DEFFL49475125
ENERGY®
Summary of Estimated Charges
Minimum Service
Initial Monthly
Total One Time
Total Cost for
Ongoing
Term
Cost
Charges
Initial term
Monthly Charge
post Term
0 Years
() Months
0.00
15798063
15798063
0.00
10 Years
(120) Months
490.08
0.00
58809.60
490.08
Monthly Base Charges
Service
Quantity
Product Description
Equipment
Maintenance
Energy
Unit
Sub -Total
Required
Fixtures and Poles
Rental
Total
Light Fixture Shoebox
021
LED 50W Black Type IV
9.38
1.39
1.71
12.48
262.08
3000K-Multi
Light Pole Colonial
016
Concrete 22 foot long
14.25
0.00
0.00
14.25
228.00
Black(RAL9017
Rental, Maintenance,
$424.98
$29.19
$35.91
F&E Totals:
Estimated Change to Base Monthly Charge Total
$490,08
One Time Charges
Quantity
One Time Charge Description
Unit Price
Sub -Total
Required
CIAC
001
15798.63
15798.63
Ex: Includes Construction Costs or possible Early Termination charges for removals
Total Estimated One Time Amount
$15,798.63
DA Note: REMAINING TOTAL COST = (INITIAL TERM) — (# OF MONTHS BILLED) * (INTIAL MONTHLY COST)
THIS IS NOT A BILL. PLEASE DO NOT SEND A PAYMENT IN RESPONSE TO THIS COMMUNICATION.
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(� DUKE
ENERGY
Outdoor lighting Terms and Conditions
Agreement # DEFFL49475125
Duke Energy will call for locate of all public facilities. Any customer owned utilities would need to be located and
marked at your expense.
If any or all of these lighting facilities will eventually be submitted to a governmental agency for inclusion into a
taxing district, MSTU or MSBU special assessment program, please verify that these facilities meet the
requirements within that jurisdiction. Should the agency not accept these facilities into their program, the entity
who signs the Lighting Service Contract will remain responsible for payment.
Rate per Month:
The monthly charges consist of the items below. These charges may be adjusted subject to review and
approval by the Florida Public Service Commission,
Customer Charge
Pole Charge
Light Fixture Charge
Light Fixture Maintenance Charge
Energy and Demand Charge:
Non -fuel Energy Charge
Plus the Cost Recovery Factors listed in
Rate Schedule BA-1, Billing Adjustments**,
except the Fuel Cost Recovery Factor and
Asset Securitization Charge Factor:
Fuel Cost Recovery Factor **:
Asset Securitization Charge Factor:
**Charges are normally revised on an annual basis.
Additional Charges:
Certain additional charges may also apply to the installation.
Gross Receipts Tax Factor:
Right -of -Way Utilization Fees:
Municipal Tax:
Sales Tax:
THE CUSTOMER AGREES:
See
Sheet
No.
6.105
and 6.106
See
Sheet
No.
6.105
See
Sheet
No.
6.105
See
Sheet
No.
6.106
See
Sheet
No.
6.106
See
Sheet
No.
6.106
See
Sheet
No.
6.106
1. To purchase from the Company all of the electric energy used for the operation of the Lighting System.
2. To be responsible for paying, when due, all bills rendered by the Company pursuant to the Company's
currently effective Lighting Rate Schedule LS-1, or its successor, for facilities and service provided in
accordance with this Contract.
3. To be responsible for trimming trees that may either obstruct the light output from fixture(s) or that
obstruct maintenance access to the facilities.
IT IS MUTUALLY AGREED THAT:
4. Requests for exchanging facilities, upgrades, relocations, etc, are subject to Section III, paragraph 3.05,
of the Company's General Rules and Regulations Governing Electric Service.
THIS IS NOT A BILL. PLEASE DO NOT SEND A PAYMENT IN RESPONSE TO THIS COMMUNICATION,
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(� DUKE
ENERGY
Agreement # DEFFL49475125
5. The Company does not guarantee continuous lighting service and will not be liable for damages for any
interruption, deficiency or failure of service, and reserves the right to interrupt service at any time for
necessary repairs to lines or equipment. Nothing in this Contract is intended to benefit any third party or to
impose any obligation on the Company to any such third party.
6. Installation shall be made only when, in the judgment of the Company, the location and the type of the
facilities are, and will continue to be, easily and economically accessible to the Company's equipment and
personnel for both construction and maintenance. In the event the Customer or its contractor,
subcontractor or other agent changes the grading, which requires the Company to move its facilities or
otherwise incur costs to ensure compliance with applicable code requirements, Customer shall
compensate the Company for all such costs incurred by the Company to comply with any applicable code
requirements. In the event Customer fails to pay the Company within 30 days of the completion of such
work, Customer shall pay the Company any amounts owing the Company, including interest and any
attorneys and other fees and costs the Company incurs to collect any amounts owed to the Company.
7. Modification of the facilities provided by the Company under this Contract may only be made through
the execution of a written amendment to this Contract.
8.The Company will, at the request of the Customer, relocate the lighting facilities covered by this
Agreement, if provided sufficient rights -of -way or easements to do so. The Customer shall be responsible
for the payment of all costs associated with any such Customer -requested relocation of the Company's
lighting facilities.
9. The Company may, at any time, substitute for any luminaire/lamp installed hereunder another
luminaire/lamp which shall be of at least equal illuminating capacity and efficiency.
10. Customer agrees to take responsibility for the cost incurred to repair or replace any fixture or pole
which has been willfully damaged. The Company shall not be required to make such repair or replacement
prior to payment by the Customer for damage.
11. The Company will repair or replace malfunctioning lighting fixtures maintained by the Company in
accordance with Section 768.1382, Florida Statutes (2005).
12. This Contract shall be for a term of ten (10) years from the date of initiation of service. The date of
initiation of service shall be defined as the date the first lights are energized.
13. Should the Customer fail to pay any bills due and rendered pursuant to this Contract or otherwise fail
to perform the obligations contained in this Contract, said obligations being material and going to the
essence of this Contract, the Company may cease to supply electric energy or service until the Customer
has paid the bills due and rendered or has fully cured such other breach of this Contract. Service charges
associated with the reconnection of service after disconnection for nonpayment or violation of Company or
Commission Rules may be assessed for each lighting installation on an account. Any failure of the
Company to exercise its rights hereunder shall not be a waiver of its rights. It is understood, however, that
such discontinuance of the supplying of electric energy or service shall not constitute a breach of this
Contract by the Company, nor shall it relieve the Customer of the obligation to perform any of the terms
and conditions of this Contract.
14. If the Customer no longer wishes to receive service under this schedule, the Customer may terminate
the Contract by giving the Company at least sixty (60) days advance written notice to the Company. Upon
any termination of service, the Customer shall pay an amount equal to the remaining monthly customer
charges, remaining Contribution in Aid of Construction ("CIAC"), if applicable, and remaining pole and
fixture lease amounts for the term of the contract. The Customer will be responsible for the cost of
removing the facilities,
THIS IS NOT A BILL. PLEASE DO NOT SEND A PAYMENT IN RESPONSE TO THIS COMMUNICATION.
Page 5
(> DUKE
ENERGY
Agreement # DEFFL49475125
15. In the event of the sale of the real property upon which the facilities are installed, or if the Customer's
obligations under this Contract are to be assigned to a third party, upon the written consent of the
Company, this Contract may be assigned by the Customer to the Purchaser or to the third party. No
assignment shall relieve the Customer from its obligations hereunder until such obligations have been
assumed by the Purchaser or third party and agreed to by the Company.
16. This Contract supersedes all previous contracts or representations, either written, oral or otherwise
between the Customer and the Company with respect to the facilities referenced herein and constitutes the
entire Contract between the parties. This Contract does not create any rights or provide any remedies to
third parties or create any additional duty, obligation or undertakings by the Company to third parties.
17. This Contract shall inure to the benefit of, and be binding upon the successors and assigns of the
Customer and the Company.
18. This Contract is subject to the Company's Tariff for Retail Service, or as they may be hereafter revised,
amended or supplemented. In the event of any conflict between the terms of this Contract and the
provisions of the Company's Tariff for Retail Services, the provisions of the Company's Tariff for Retail
Service and FPSC Rules shall control, or as they may be hereafter revised, amended or supplemented.
19. The obligation to furnish or purchase service shall be excused at any time that either party is
prevented from complying with this Contract by strikes, lockouts, fires, riots, acts of God, the public
enemy, governmental or court actions, lightning, hurricanes, storms, floods, inclement weather that
necessitates extraordinary measures and expense to construct facilities and/or maintain operations, or by
any other cause or causes not under the control of the party thus prevented from compliance, and the
Company shall not have the obligation to furnish service if it is prevented from complying with this
Contract by reason of any partial, temporary or entire shut -down of service which, in the sole opinion of
the Company, is reasonably necessary for the purpose of repairing or making more efficient all or any part
of its generating, transmission, distribution or other electrical equipment.
20. In no event shall the Company, its parent corporation, affiliate corporations, officers, directors,
employees, agents, and contractors or subcontractors be liable to the Customer, its employees, agents or
representatives, for any incidental, indirect, special, consequential, exemplary, punitive or multiple
damages resulting from any claim or cause of action, whether brought in contract, tort (including, but not
limited to, negligence or strict liability), or any other legal theory.
THIS IS NOT A BILL. PLEASE DO NOT SEND A PAYMENT IN RESPONSE TO THIS COMMUNICATION.
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