04-1496 Progress Energy Lighting Services Agreement

Home Browse Search

t= X h. 6, T 19 AGREEMENT FOR LIGHTING SERVICES THIS AGREEMENT is made as of the _ day of May, 2004, between The City of Casselberry, a Florida Municipal Corporation, whose address is 95 Triplet Lake Drive, Casselberry, Florida 32707 (hereinafter referred to as the "CITY"), and Florida Power Corporation dba Progress Energy Florida, Inc., whose address is 3300 Exchange Place, Lake Mary, Florida 32746, (hereinafter referred to as the "CONTRACTOR"). WHEREAS the parties executed a settlement agreement on August 5, 2003 that resolved various disputes between the parties; and WHEREAS, under Section 4(c) of the settlement agreement, CONTRACTOR agreed to provide maintenance services on certain streetlights previously installed by the FDOT on State Road 436 and U.S. Highway 17-92 within the CITY's municipal boundaries for a sum not to exceed ten dollars per year; and WHEREAS, under Section 4( c) of the settlement agreement, the parties agreed to execute a mutually agreeable contract memorializing the maintenance agreement; NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties to this Agreement, and for other good and valuable considerations, the parties agree as follows: 1. Maintenance Services. The CONTRACTOR shall provide maintenance services for the lighting fixtures set forth above. CONTRACTOR'S maintenance of the lighting fixtures set forth above shall not include the replacement of such fixtures, poles or underground cable. Maintenance will be limited to the replacement of certain components of the lighting fixtures, specifically, lamps, photoelectric cells, starter aids, and minor electrical connections. The CITY shall provide written notice to Progress Energy of repairs needed to lighting fixtures set forth above. Written notice should be forwarded to Jamestown Operations Center, , Florida . ATTN: . A map identifYing those lighting fixtures covered by this agreement shall be attached and become a permanent part of this agreement. 2. Replacement of Lighting Fixtnres, Poles, Underground Cable and Installation of New Lighting Fixtnres, New Poles, New Underground Cable. The CITY shall pay CONTRACTOR for any replacement oflighting fixtures, poles and/or underground cable, included in the lighting system set forth above or installation of new lighting fixtures, new poles, and/or new underground cable at a price not to exceed cost plus 15%. Payments are due within 30 days from date of invoice. A late payment chargeofl \1,% per month will be applied to any past due amounts. In the event the CITY fails to pay in accordance with these terms, CONTRACTOR shall have the right to terminate this Agreement effective upon written notice provided to the CITY by CONTRACTOR. 3. Access to Records. CONTRACTOR will maintain billing records, in accordance with generally accepted accounting principles and practices, to substantiate all invoiced amounts.