HomeMy WebLinkAboutItem 12 Approval of Ingram Road Street Lighting with Duke Energy ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: June 15, 2021
Item # 12_.
Reviewed By:
Contact Name: Stephen C. Krug Department Director:
Contact Number: 6002 City Manager: __s
Subject: Ingram Road Street Lighting with Duke Energy.
Background Summary:
The City Commission approved funding for the Ingram Road Street Lighting Project in previous budgets.
Public Works has coordinated with Duke Energy to design the project within budget to install twenty-
three (23) new LED light fixtures and upgrade two (2) existing fixtures to LED. The $65,540.50 capital
construction cost is adequately funded in the capital improvements budget. The monthly cost of the two
(2) upgraded fixtures will be adjusted accordingly in the street lighting invoicing from Duke Energy.
Public Works recommends approval of the cost proposal.
Issue:
Request the Honorable Mayor and City Commission approve the Ingram Road Street Lighting cost
proposal from Duke Energy.
Recommendations:
Staff recommends the Honorable Mayor and City Commission approve the Ingram Road Street Lighting
cost proposal from Duke Energy.
Attachments:
Duke Energy Cost Proposals.
Financial Impact:
The City has adequately funded the project in the Streets Division Capital Improvements budget.
Type of Item: (please mark with an `x') _
Public Hearing. For Clerk's'Dept Use: .:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution - Regular Agenda - _ __
x Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney_ N/A
Reviewed by Finance Dept. 111.9\ N/A
Reviewed by ( ) N/A
ef DUKE
ENERGY® Lighting Proposal
�
DE Contact LATONYA MCWILLIAMS WO 34678485
Address: 401 Citrus Tower Blvd. Clermont, Fl 34711 June 8, 2021
Phone: 352.250.5403
Project Details. Scope of Request
Customer: CITY OF OCOEE INSTALL(23)150W LED ROADWAY FIXTURE
INSTALL(2)STATIC CONCRETE POLE
INSTALL(22)6FT BRACKET
Account: 43401-05548 INSTALL(1)10FT BRACKET
Site: INGRAM RD STREET LIGHTING
OCOEE FL 34761
Contact:
Phone:
Per Unit •
Quantity. Product Description • Fuel& Unit . Sub-Total
Rental . Maint.
Required Fixtures and Poles • Energy Total
23 150W LED Roadway, OH L179 $9.74 $1.39 $3.09 $14.22 $327.06
2 30/35' CONCRETE PLBC301 /351 $5.05 $0.00 $0.00 $5.05 $10.10
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
Rental,Maintenance,F&E Totals: $234.12 $31.97 $71.07
Monthly rates are subject to tariff rate changes Estimated Monthly Rental $337.16
t Deposit $674.00
Choose ; ® �, CIAO ONE TIME PAYMENT ,$65,54p.50
Estimates valid for 30 days and subject to change. One ' ❑ * MLDF MONTHLY PAYMENT $1,042.09
Estimated Monthly Rental excludes any applicable taxes,franchise fees or customer charge.
t Deposit-The required deposit(applied separately to your lighting bill)will equal approximately two months of the monthly
rental bill,but no less than$25.00 and subject to change upon review of the account's existing deposit.
CIAC- The one time invoice for the Contribution in Aid of Construction will be mailed to you separately upon approval of this
• proposal and payment is due before the work can be released to scheduling of construction.
_ _ _ _ OR* MLDF-This Monthly Lighting Distribution Fee will be billed to you seperately each month is.1 59%of the Underground _
or Overhead Service feed and pole installatioh.
Choose ONE Option by Checking a Box Above
In order for us to proceed with the above proposed lighting design we will need an authorized signature on this
proposal and any other required documents enclosed. Do not remit any payment with this form and do not fax.
Return these signed documents to the mailing address above or email the color scanned PDF if instructed.
The CIAC charge is subject to change after 30 days or in the event you request or cause any changes to this proposal.
Duke Energy will call for locate of all public facilities.Any customer owned utilites 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&charges meet the requirements within that jurisdiction.Should the agency not accept these
facilities&cahrgesinto their program, the entity who signs the Lighting Service Contract will remain responsible for payment.
)k forward to working with you on this project.
Authorized Signature Date
(Please sign and date to approve this proposal and return via email or the mailing address above)
4,, DUKE SECTION NO.VII
ENERGY. SEVENTH REVISED SHEET NO.7.110
CANCELS SIXTH REVISED SHEET NO.7.110
Page 1 of 4
LIGHTING SERVICE CONTRACT
ACCOUNT NUMBER
43401-05548
WORK ORDER NUMBER
34678485
DEF CONTACT
LATONYA MCWILLIAMS
CUSTOMER NAME: CITY OF OCOEE
SERVICE LOCATION(S) INGRAM RD STREET LIGHTING OCOEE FL 34761
(Street address,city/county,Company account number if established)
This Lighting Service Contract ("Contract") is hereby entered into June 8,2021. between Duke Energy
Florida,LLC (hereinafter called the Company)and CITY OF OCOEE
(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 LS-1, or its
successor,as the same is on file with the Florida Public Service Commission(FPSC)and as may be amended and subsequently filed
with the FPSC. To the extent there is any conflict between this Contract and the Lighting Service Rate Schedule,the Lighting Rate
Schedule shall control.
The Customer further understands that service under this rate shall be for an initial term of ten (10) years and shall continue
hereafter until terminated by either party upon written notice sixty(60)days prior to termination.
The Company shall install the following facilities(hereinafter called the Facilities):
Fixture/Pole Types and Number Installed:
150W LED Roadway,OH L179 QTY 23
30/35'CONCRETE PLBC301/351 QTY 2
QTY
QTY
QTY
QTY
QTY
QTY
Additional facilities:
(Continued in Next Page)
ISSUED BY: Javier J.Portuondo,Managing Director,Rates&Regulatory Strategy-FL Form LS-1
EFFECTIVE: May 8,2018
CDUKE SECTION NO.VII
ENERGY SIXTH REVISED SHEET NO.7.111
CANCELS FIFTH REVISED SHEET NO.7.111
Page 2 of 4
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: See Sheet No.6.105 and 6.106
Fuel Cost Recovery Factor**: See Sheet No.6.105
Asset Securitization Charge Factor: See Sheet No.6.105
**Charges are normally revised on an annual basis.
Additional Charges:
Certain additional charges may also apply to the installation.
Gross Receipts Tax Factor: See Sheet No.6.106
Right-of-Way Utilization Fees: See Sheet No.6.106
Municipal Tax: See Sheet No.6.106
Sales Tax: See Sheet No.6.106
THE CUSTOMER AGREES:
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.
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.
(Continued in Next Page)
ISSUED BY: Javier J.Portuondo,Managing Director,Rates&Regulatory Strategy-FL Form LS-1
EFFECTIVE: May 8,2018
�� DUKE SECTION NO.VII
ENERGY. SIXTH REVISED SHEET NO.7.112
CANCELS FIFTH REVISED SHEET NO.7.112
Page 3 of 4
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. The 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 early 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.
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.
(Continued in Next Page)
ISSUED BY: Javier J.Portuondo,Managing Director,Rates&Regulatory Strategy-FL Form LS-1
EFFECTIVE: May 8,2018
(u, DUKE SECTION NO.VII
ENERGY. FIFTH REVISED SHEET NO.7.113
CANCELS FOURTH REVISED SHEET NO.7.113
' - Page 4 of 4
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.
IN WITNESS WHEREOF, the parties hereby caused this Contract to be executed in triplicate by their duly authorized representatives to be
effective as of the day and year first written above.
Charges and Terms Accepted:
CITY OF OCOEE DUKE ENERGY FLORIDA,LLC
Customer(Print or type name of Organization)
By: By:
(Signature) (Signature)
LATONYA MCWILLIAMS
(Print or Type Name) (Print or Type Name)
Title: Title: Duke Energy Representative
ISSUED BY: Javier J.Portuondo,Managing Director,Rates&Regulatory Strategy-FL Form LS-1
EFFECTIVE: May 8,2018
4(C'a.A
•
ENERGY®DUKE Lighting Proposal
DE Contact: LATONYA MCWILLIAMS WR 34678485
Address: 401 Citrus Tower Blvd. Clermont, Fl 34711
Phone: 352.250.5403 June 8,2021
Project Details Scope of Request .
Customer: CITY OF OCOEE LED UPGRADE
Account: 43401-05548 REMOVE(2)100W HPS ROADWAY FIXTURE
Site: INGRAM RD STREET LIGHTING INSTALL(2)150W LED ROADWAY FIXTURE
OCOEE FL 34761 INSTALL(2)6FT BRACKET
Contact:
Phone:
REMOVALS Per Unit Sub-Total
Quantity Product Description Fixtures and Poles Rental Maint. F&E Unit Total
2 100W HPS ROADWAY Q116,Q116S $6.22 $1.72 $2.54 $10.48 $20.96
$0.00 $0.00
$0.00 • $0.00
$0.00 $0.00
• $0.00 $0.00
$0.00 $0.00
$0.00 $0.00
Rental,Maintenance,F&E Totals: $12.44 $3.44 $5.08
Existing Estimated Monthly Rental $20.96
•
INSTALLS Per Unit . Sub-Total
Quantity Product Description Fixtures and Poles, Rental Maint. F&E
Unit Total
2 150W LED Roadway,UG Q180 $11.24 $1.39 $3.09 $15.72 $31.44
$0.00 $0.00
$0.00 . $0.00
$0.00 - $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
. Rental,Maintenance,F&E Totals: - -$22.48 $2.78 $6.18
•
Monthly rates are subject to tariff rate changes Estimated Monthly Rental $31.44
Choose I ( "CIAC ONE TIME PAYMENT , $0.00
Estimates valid for 30 days and subject to change. One,. . ❑ ' * MLDF MONTHLY PAYMENT Moo
Estimated Monthly Rental excludes any applicable taxes, franchise fees or customer charges.
CIAC- The one time invoice for the Contribution in Aid of Construction will.be mailed to you separately upon approval of this
proposal and payment is due before the work can be released to scheduling of construction.
OR
* MLDF-This Monthly Lighting Distribution Fed will be billed to you seperately.each.month is 1.59%Of the Underground
or Overhead Service feed and pole installation. •
Choose ONE Option by Checking a Box Above
In order for us to proceed with the above proposed lighting design we will need an authorized signature on this
proposal and any other required documents enclosed. Do not remit payment with this form and do not fax.
Return these signed documents to the mailing address above or email the color scanned PDF if instructed.
The C/AC or MLDF charge is subject to change after 30 days or in the event you request or cause any changes to this proposal.
Duke Energy will call for locate of all public facilities.Any customer owned utilites 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&charges meet the requirements within that jurisdiction.Should the agency not accept these
facilities&charges into their program,the entity who signs the Lighting Service Contract will remain responsible for payment.
Thank you for your lighting request. We look forward to working with you on this project.
Authorized Signature Date
(Please sign and date to approve this proposal and return to the mailing address above)
efiN, DUKE. SECTION NO.VII
ENERGY® SEVENTH REVISED SHEET NO.7.110
CANCELS SIXTH REVISED SHEET NO.7.110
Page 1 of 4
LIGHTING SERVICE CONTRACT
ACCOUNT NUMBER
43401-05548
WORK ORDER NUMBER
34678485
DEF CONTACT
LATONYA MCWILLIAMS
CUSTOMER NAME: CITY OF OCOEE
SERVICE LOCATION(S) INGRAM RD STREET LIGHTING OCOEE FL 34761
(Street address,city/county,Company account number if established)
This Lighting Service Contract ("Contract") is hereby entered into June 8,2021 between Duke Energy
Florida, LLC(hereinafter called the Company)and CITY OF OCOEE
(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
LS-1,or its successor,as the same is on file with the Florida Public Service Commission(FPSC)and as may be amended and
subsequently filed with the FPSC. To the extent there is any conflict between this Contract and the Lighting Service Rate
Schedule,the Lighting Rate Schedule shall control.
The Customer further understands that service under this rate shall be for an initial term of ten (10)years and shall continue
hereafter until terminated by either party upon written notice sixty(60)days prior to termination.
The Company shall install the following facilities(hereinafter called the Facilities):
Fixture/Pole Types and Number Installed:
150W LED Roadway,UG Q180 QTY 2
QTY
QTY
QTY
QTY
QTY
QTY
Additional facilities:
(Continued in Next Page)
ISSUED BY: Javier J.Portuondo,Managing, Director,Rates&Regulatory Strategy-FL Form LS
EFFECTIVE: May 8,2018
Cfit? DUKE SECTION NO.VII
SIXTH REVISED SHEET NO.7.111
ENERGY® CANCELS FIFTH REVISED SHEET NO.7.111
Page 2 of 4
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 See Sheet No.6.105 and 6.106
Fuel Cost Recovery Factor**: See Sheet No.6.105
Asset Securitization Charge Factor: See Sheet No.6.105
**Charges are normally revised on an annual basis.
Additional Charges:
Certain additional charges may also apply to the installation.
Gross Receipts Tax Factor: See Sheet No.6.106
Right-of-Way Utilization Fees: See Sheet No.6.106
Municipal Tax: See Sheet No. 6.106
Sales Tax: See Sheet No.6.106
THE CUSTOMER AGREES:
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.
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.
(Continued in Next Page)
ISSUED BY: Javier J.Portuondo,Managing,Director,Rates&Regulatory Strategy-FL Farm LS-1
EFFECTIVE: May 8,2018
ef' DUKE SECTION NO.VII
ENERGY. SIXTH REVISED SHEET NO.7.112
CANCELS FIFTH REVISED SHEET NO.7.112
Page 3 of 4
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. The 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 early 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.
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.
(Continued in Next Page)
ISSUED BY: Javier J.Portuondo,Managing,Director,Rates&Regulatory Strategy-FL Form LS-1
EFFECTIVE: May 8,2018
faiN DUKE. SECTION NO.VII
ENERGY® FIFTH REVISED SHEET NO.7.113
CANCELS FOURTH REVISED SHEET NO.7.113
Page 4 of 4
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.
IN WITNESS WHEREOF,the parties hereby caused this Contract to be executed in triplicate by their duly authorized representatives to
be effective as of the day and year first written above.
Charges and Terms Accepted:
CITY OF OCOEE DUKE ENERGY FLORIDA, LLC
Customer(Print or type name of Organization)
By: By:
(Signature) (Signature)
LATONYA MCWILLIAMS
(Print or Type Name) (Print or Type Name)
Title: Title: Duke Energy Representative
ISSUED BY: Javier J.Portuondo,Managing,Director,Rates&Regulatory Strategy-FL Form LS-1
EFFECTIVE: May 8,2018
