HomeMy WebLinkAbout1988-023Street Lighting Agreement.
RESOLUTION NO. 88- 23
A RESOLUTION OF INDIAN RIVER COUNTY APPROVING
Illi
A GOVERNMENTAL STREET LIGHTING AGREEMENT
WITH THE CITY OF VERO BEACH FLORIDA, AND
PROVIDING FOR AUTHORIZATION OF OFFICIALS TO
tl
EXECUTE MODIFICATIONS TO THE AGREEMENT ON
BEHALF OF INDIAN RIVER COUNTY.
IDS
II
WHEREAS, Indian River County is desirous of obtaining
electrical energy necessary for the operation of street
Ili
I
lighting systems within Indian River County, and such other
services including installation and removal and maintenance
III
of street lighting systems; and
WHEREAS, the City of Vero Beach is desirous of
furnishing electrical energy necessary for the operation, of
street lighting systems and other services including
Installation, removal and maintenance of street lighting
systems; and
WHEREAS, the parties have developed a Master
Governmental Street Lighting Agreement whereby the County
may purchase and the city will provide such electrical
energy for street lighting systems; and
WHEREAS, the Agreement provides for a simplified method
of modification and/or replacement of street lighting
systems; and
WHEREAS, the Agreement provides for a simplified
method of request for removal and/or addition of facilities
to the existing street lighting system;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The Master Governmental Street Lighting Agreement
attached hereto between Indian River County and the City of
Vero Beach is hereby approved.
2. The County Administrator or the Public Works
Director as his designee may by their signatures execute any
"Request for Modification and/or Replacement of Street
Lighting Systems," as shown in Exhibit "B" to this
Agreement, or execute any "Request for Removal and/or
Addition of Facilities," as shown in Exhibit "C" of this
Street Lighting Agreement.
The foregoing resolution was offered by Commissioner
Eggert who moved its adoption. The motion
was seconded by Commissioner __ Bowman
__—___—r________ and,
upon being put to a vote, the vote was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice- Chairman Gary C. Wheeler _ XYe
Commissioner Richard N. Bird xT
Commissioner Margaret C. Bowman Iqye __
Commissioner Carolyn K. Eggert TYe
The chairman thereupon declared the resolution duly
passed and adopted this 12th day of _ April ,
1988.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Y
B /2
GoIn 5cu loc , Jr.
Chairman
Attest:
Ale.
moi~ .
Attachments: Agreement w/exhibits
S:
` CITY OF I
i,b BEACH
GOVERNMENTAL STREET LIGHTING AGREEMENT
THIS AGREEMENT made this 6 O M day "` =��9 /q98 by and
between Indian River County,oaf r off County Commissioners
(name and description)
its successors and assigns (hereafter called "The Customer"), and the City
of Vero Beach, a corporation organized .and existing under the laws of the
state of Florida, its successors and assigns (hereafter called "The City").
WITNESSETH
That for and in consideration of the sum of One Dollar ($1.00) paid by
each party hereto to the other, and of the convenants and agreement set
forth herein, the parties hereto agree as follows:
ARTICLE I
THE CITY AGREES:
Section 1. To furnish to the Customer the electric energy necessary
for the operation of the street lighting system described and identified in
Section 2, Article III of. this Agreement (hereafter called the "Street
Lighting System") and such other services, including installation and re-
moval, as are provided for in this Agreement, all in accordance with the
germs of the rate schedule set forth in Exhibit A, which is attached to and
made a part of this Agreement., or any successive rate schedule which may be
approved from time to time by the City Council.
Section 2. To install, modify and/or replace the Street Lighting Sys -
tern upon the written request of the Customer if consiatcnt with accepted en-
gineering practices. The request shall be made .in the form of Exhibit: B,
which its attached to and made a part of this Agreement. The term "modifica-
tion" shall include the relocation of poles and/or luminaires, and the
change of lamp wattage. The term "replacement" shall include the substitu-
tion of other luminaires and/or poles for existing facilities.
ARTICLE II
THE CUSTOMER AGREES:
Section 1. To purchase from the City the electric energy necessary for
the operation of the Street Lighting System.
Section 2. To pay, when due, all bills .issued by the City for the
electric energy, service, depreciated installed cost of removed facilities,
modification and replacement furnished by the City under this Agreement.
Bills for energy and service shall be computed in accordance with the rate
schedule set forth in Exhibit. A, which is attached to and made a part of
this Agreement, or any successive rate schedule which may be approved from
time to time by the City Council. Brills for costs, as estimated by the
City, of any modification and/or replacement of the Street Lighting System
shall be paid by the Customer prior to the commencement of the modification
and/or replacement by the City.
CITY OF VERO BEACH
GOVERNMENTAL STREET LIGHTING AGREEMENT
ARTICLE III
IT IS MUTUALLY AGREED THAT:
Section 1. This Agreement shall be for a term of:
Page 2
(a) For City owned systems, ten (10) years from the date of initiation of
service as confirmed by written notice by the City. It shall extend there-
after for further successive periods of five (5) years from the expiration
of the initial ten (10) year term or from the expiration of any extension
thereof. The Agreement shall be extended automatically unless either party
shall have given written notice to the other of its desire to terminate this
Agreement. The written notice shall be given not less than ninety (90) days
before the date of expiration of the initial ten (10) year term, or any ex-
tension thereof.
(b) For a customer owned system, terminated upon written notice by the cus-
tomer.
Section 2. The Street Lighting System shall consist initially of:
(a) Street Lights described as follows:
Number of Lights
Owncd by City
Type of lamp:
Rating of Mercury Vapor
Fixture In HP Sodium
Lumens Vapor, etc.
5800
H.P. Sodium
9500
H.P. Sodium
.1.6000
H. P. Sodium
2.7500
H.P. Sodium
50000
H.P. Sodium
7000
Mercury Vapor
11000
Mercury Vapor
20500
Mercury Vapor
(b) other facilities described as follows:
Type
of Pole
Treated
35' Concrete
451 Concrete
Number Underground
of Poles Conductors
Number of Lights
owned by Customer
City
RelamLinq
Not under paving
Under paving
Customer
Relamping
(Energy Only.)
Number
of Feet
CITY OF VERO BEACH Page 3
GOVERNMENTAL STREET LIGHTING AGREEMENT
(c) Additions or Removals:
Any additions or removals of facilities, as requested by the Customer
and approved by the City, shall be incorporated or deleted from the Street
Lighting System. The request for additions or removals shall be in writing
and in the form of Exhibit C, which is attached to and made a part of this
Agreement.
Section 3. The obligation to furnish or purchase service shall be ex-
cused at any time that either party is prevented from complying with this
Agreement by legal proceedings, 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, the City shall not have the obli-
gation to furnish service if it is prevented from complying with this Agree-
ment by reason of any partial, temporary or entire shut -down of service
which, in the sole opinion of the City, is reasonably necessary for the pur-
pose of repairing or making more efficient all or any part of its electrical
system.
Section 4. The City, at any time, may substitute for any lamp in-
stalled hereunder another lamp which shall be of at least equal illuminating
capacity and efficiency. Such substitution may also be made upon the writ-
ten request of the Customer, except that no substitution requested by the
Customer shall be made without the City's consent: if it would require a
change in the size, style or capacity of any lamp. Upon the written request
of the Customer or its authorized agent, the City, in accordance: with the
appropriate rate schedule and the terms of this Agreement, may replace any
lamp with one of an increased rating in lumens.
Section 5. Should the Customer fail to pay for any of the electric en-
ergy, services, depreciated installed cost of removed facilities, mod.ifica-
Lion and/or replacement furnished hereunder before a bill therefore becomes
del.i.quent, or otherwise fail to perform any of the terms and conditions of
this Agreement, the City at any time thereafter, may cease to supply
electric energy and/or services and/or refuse to make modification and/or
replacement for the Customer until the Customer has made such payments or
has otherwise fully complied with all the terms and conditions of this
Agreement; provided, however, that any failure by the City to cease to sup-
ply electric energy and/or services and/or refuse to make modification
and/or replacement for the Customer shall not be a waiver to this Section 5.
It is understood, however, that such discontinuance of the supplying of
electric energy, and/or services and/or refusal to make modification and/or
replacement shall not constitute a breach of this Agreement by the City nor
shall it relieve the Customer of the obligation to perform any of the terms
and conditions of this Agreement.
Section 6. The parties agree that the City is subject to certain State
and Federal rules and regulations regarding electric service and that such
rules and regulations shall be binding where in conflict with this Agree-
ment.
CITY OF VERO BEACH
GOVERNMENTAL STREET LIGHTING AGREEMENT
Page 4
Section 7. This Agreement supersedes all previous agreements or repre-
sentations, either written, verbal, or otherwise between the Customer and
the City with respect to the matters contained herein and constitutes the
entire Agreement between the parties.
Section 8. This Agreement shall inure to the benefit of and be binding
upon the successors and assigns of the Customer and the successors and as-
signs of the City.
IN WITNESS WHEREOF, the parties hereby caused this Agreement to be ex-
ecuted in triplicate by their duly authorized officers to be effective as of
the day and year first written above.
April 12, 1988
Date
County Attorney
I Fi
CPQ a®, I
Date
City Attorney '
GOVTSTL4
INDIAN RIVER COUNTY, FLORIDA
B .L
� C_ '/ae��
I County'Commission airman
unty ApinnAstrApor
Attest:
CITY OF V RO B- CII, FLORIDA
B Zoe,
ayar
MERE:rr��
Attest:
EXHIBIT A
GOVERNMENTAL STREET LIGHTING RATE SCHEDULE
RATE SCHEDULE SL -2
AVAILABILITY - Available throughout the service area.
APPLICABILITY - For lighting of public ways and areas upon properly executed
agreement between County, City or other governmental agencies for ten (10)
or more luminaires.
TYPE OF INSTALLATION - City owned fixtures normally will be mounted on poles
of the City's existing distribution system and served from overhead wires.
On request of the customer, the City will provide special poles or under-
ground wires at the charges specified below.
Customer -owned systems will be of a standard type and design, permit-
ting service and lamp replacement at no abnormal cost to the City.
SERVICE - Service includes lamp renewals, patrol, energy from dusk each day
until dawn the following day, and maintenance of City owned street lighting
systems. The City will replace all burned -out lamps and will maintain its
facilities during regular daytime working hours as soon as practicable fol-
lowing notification by the customer that such work is necessary. The City
shall be permitted to enter the customer's premises at all reasonable times
for the purpose of inspecting, maintaining, and installing or removing any
or all of its equipment or facilities. The customer shall reimburse the
City for the cost of any maintenance work which is required because of van-
dalism.
LIMITATION Of' SERVICE - If the City is required by the customer to remove or
replace existing luminaires under this schedule, forcing premature retire-
ment, the customer shall be required to pay the City an amount equal to the
original installed cost, less any salvage value, depreciated, based on ap-
plicable depreciation rates, plus the cost of removal. Lights to be served
hereunder shall be at locations that, in the opinion of the City, are easily
and economically accessible to the City's equipment and personnel for con-
struction and maintenance. The City, while exercising reasonable diligence
at all times to furnish services hereunder, does not guarantee continuous
lighting and will not be liable for damages resulting from any interruption,
deficiency, or failure of service and reserves the right to interrupt ser-
vice at any time for necessary repairs to lines and equipment, or for system
protection. For Mercury Vapor, no additions or changes in specified lumen
output on existing installations will be permitted under this Schedule, ex-
cept where such additional lights are required to match existing installa-
tions. Standby or resale service is not permitted hereunder.
EXHIBIT A
GOVERNMENTAL STREET LIGHTING RATE SCHEDULE
RATE SCHEDULE SL -2
I � Is] utilta- Wf.vi
Mercury Vapor
7000 175 79 3.10 5.25 8.35 5.58 5.25
11000 250 107 4.84 7.11 11.95 7.46 7.11
20500 400 164 4.85 10.90 15.75 11.26 10.90
Charges for other City owned facilities:
Treated wood pole used only for the street lighting system - $2.10
35' concrete pole used only for the street lighting system - $3.10
45' concrete pole used only for the street lighting system - $6.60
Underground conductors will be provided upon request of the customer.
Charges will be determined and payable prior to installation.
TERM OF SERVICE - Not less than ten (10) years for City owned systems.
TERMS OF PAYMENT - See "Miscellaneous" Sheet No. 4.0.
BILLING ADJUSTMENT - See "Power Cost Adjustment Clause" Sheet No. 18.0.
COUNTY FEE -IN -LIEU -OF -FRANCHISE FEE - See "Miscellaneous" Sheet No. 4.0
OUTSIDE; CITY SURCHARGE - See "Miscellaneous" Sheet No. 4.0.
GOVTSTL4
Charge
for
Charge for
City Owned
Customer
Owned
Unit
($)
Unit
($)
Luminaire
Lamp
Size
kWh/Mo.
Relamping
Energy
Type
Lumens/Watts
Estimate
Facilities
Ener
Total
& Energy
Only
High Pressure
Sodium Vapor
5800
70
30
$ 4.86
$ 1.99
$ 6.85
$ 2.49
$ 1.99
"
9500
100
42
4.91
2.79
7.70
3.29
2.79
"
16000
150
62
5.08
4.12.
9.20
4.62
4.12
"
27500
250
108
6.67
7.18
13.85
7.68
7.18
"
50000
400
172
6.87
11.43
18.30
11.98
11.43
Mercury Vapor
7000 175 79 3.10 5.25 8.35 5.58 5.25
11000 250 107 4.84 7.11 11.95 7.46 7.11
20500 400 164 4.85 10.90 15.75 11.26 10.90
Charges for other City owned facilities:
Treated wood pole used only for the street lighting system - $2.10
35' concrete pole used only for the street lighting system - $3.10
45' concrete pole used only for the street lighting system - $6.60
Underground conductors will be provided upon request of the customer.
Charges will be determined and payable prior to installation.
TERM OF SERVICE - Not less than ten (10) years for City owned systems.
TERMS OF PAYMENT - See "Miscellaneous" Sheet No. 4.0.
BILLING ADJUSTMENT - See "Power Cost Adjustment Clause" Sheet No. 18.0.
COUNTY FEE -IN -LIEU -OF -FRANCHISE FEE - See "Miscellaneous" Sheet No. 4.0
OUTSIDE; CITY SURCHARGE - See "Miscellaneous" Sheet No. 4.0.
GOVTSTL4
CITY -OF VERO BEACH
EXHIBIT B
REQUEST FOR MODIFICATION AND/OR
REPLACEMENT OF STREET LIGHTING SYSTEM
City of Vero Beach
Gentlemen:
, 19
In accordance with the terms and conditions of the Street Lighting Agreement
dated 19 , this request is made for a modification
and/or rep acement of the facilities in the Street Lighting System within the
limits of this body's jurisdiction.
The modification and/or replacement requested is/are as follows (describe
fully):
Signature
Title)
Customer s Name
Request granted , 19 , subject to your approval of
the following charges which are payable by you before any modification and/or
replaceme►it can be undertaken:
Request denied , 19 , for the following reason:
CITY OF VERO BEACH
Git,� MManagersig dfiy air turej
CITY,OF VERO BEACH
EXHIBIT C
REQUEST FOR REMOVAL AND/OR
ADDITION OF FACILITIES
City of Vero Beach
Gentlemen:
19
In accordance with the terms and conditions of the Street Lighting Agreement
dated , 19 , this request is made for a removal
and/or addition of facilities in the existing Street Lighting System within the
limits of this body's jurisdiction.
The removal and/or addition requested is/are as follows (describe fully):
Approved as of the following Date
, 19 , by:
CITY OF VERO BEACH
gnature
City Manage
(Signature
F--
TT i'7te
Customers Namej—
M
VERO BEACH MUNICIPAL ELECTRIC SYSTEM FOURTH REVISED SHEET N0. 4.0
CANCELLING THIRD REVISED SHEET NO. 4.0
MISCELLANEOUS
STATE SALES TAX - State Sales Tax shall be applied to the total bill on all
commercial and industrial accounts.
CITY UTILITY TAX - A City Utility Tax of ten percent (10%) shall be added to
all rate schedules for service inside the city limits. The amount will not
exceed the limitation established by Subsection 166.231, Florida Statutes.
OUTSIDE CITY SURCHARGE - A surcharge for service provided outside the cor-
porate limits of the City shall be added to all rate schedules. The amount
of the surcharge shall be equal to the utility tax imposed on service inside
the city limits. The surcharge shall apply to the same base, at the same
rate, in the same manner and to the same rate schedules as the utility tax,
all as set forth in Rule 25-9.525 of the Florida Administrative Code.
TERMS OF PAYMENT - All bills are due when rendered and become delinquent fif-
teen (15) days from billing date. After fifteen (15) days, a delinquent
notice is mailed allowing an additional ten (10) days. If not paid by date
stated on delinquent notice, service may be discontinued without further
notice.
COUNTY FEE -IN -LIEU -OF -FRANCHISE FEE - A 6% county fee -in -lieu -of -franchise
fee shall be added to all rate schedules for electric, water, and/or sewer
service provided to customers who reside in the unincorporated areas of.
Indian River County and receive service from tate City and shall be applied to
the total bill for such service pursuant to ordinance provisions of Indian
River County.
Issued By: John V. Little Effective: October 1, 1987
City Ma3aber/Director of Utilities
VERO BEACH MUNICIPAL ELECTRIC SYSTEM SECOND REVISED SHEET NO. 18.0
CANCELLING FIRST REVISED SHEET NO. 18.0
POWER COST ADJUSTMENT CLAUSE
PCA
In addition to the schedule of electric retail rates and charges, the Power
Cost Adjustment Clause shall be applicable to all energy (kWh) sales. The
monthly bill computed under the appropriate retail rate schedule will be
increased or decreased by an amount equal to the result of multiplying the
kWh used by the Power Cost Adjustment Factor (PCA) determined as follows:
PCA = f ( Fm - $0.04100 ! * 1 * 1
t \S /// 1-I. 1-'r
Where:
1. PCA - Power Cost Adjustment factor in dollars per kWh rounded to the
nearest one -thousandth of a cent applicable to bills rendered
during the current four-month billing period defined as either:
(i) October, November, December, January; (ii) February, March,
April, May; or (iii) June, July, August, September.
2. Fm - Total estimated fuel and purchased power costs applicable for
the current four-month billing period. Fuel and purchased
power cost may include the following:
(a) the total cost of fuel consumed in the City's generating
units;
(b) the total cost of fuel consumed in the City's share of any
jointly -owned generating units (including generation owned
through participation in joint action agency projects);
(c) the total cost of purchased power and any associated
transmission coats (which included purchases associated
with participation in joint action agency projects);
(d) less the fuel cost of interchange sales;
(e) plus an amount to correct for the over -recovery or under -
recovery of the actual applicable fuel and purchased power
costs as defined in (a), (b), (c), and (d) above, during
the latest four (4) month period of (i) May, June, July,
August; (ii) September, October, November, December; or
(iii) January, February, March, April, determined as the
difference between actual applicable fuel and purchased
power costs and the costs actually billed during the same
period; plus any previous over -recovery or under -recovery
of actual applicable fuel and purchased power costs as
defined above associated with prior periods or with prior
period adjustments,. if any.
Issued By: John V. Little Effective: October 1, 1981
City Manager/Director of Utilities
• .VERO BEACH MUNICIPAL ELECTRIC SYSTEM
POWER COST ADJUSTMENT CLAUSE
PCA
(Continued from Sheet No. 18.0)
ORIGINAL SHEET NO. 18.1
3. Sm = Total kWh at the generation level corresponding to the currept
four-month billing period estimated as the sum of generation
less interchange sales plus purchases.
4. L 9 Estimated System Losses.
5. T = Any applicable taxes.
Commencing October 1, 1987, for each month during the four-month
periods thereafter, the PCA shall be determined on a projected four-month
period and shall be fixed for each projected four-month period if, in the
sole opinion of the City, the projected PCA represents a reasonable estimate
of actual costs. If significant circumstances arise which warrant a change
to the PCA, then the PCA may be modified during the four-month billing cycle
if approved by the City.
Issued By: John V. Little Effective: October 1, 1987
City Manager/Director of Utilities