R93-21RESOLUTION NO. R93~/
A RESOLUTION OF THE CITY COMMISSION OF
THE CTTY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A
COMMERCIAL/INDUSTRIAL LOAD CONTROL
PROGRAM AGREEMENT ("CILC-I") BETWEEN THE
CITY OF BOYNTON BEACH AND FLORIDA POWER &
LIGHT COMPANY; AND PROVIDING AN EFFECTIVE
DATE.
W/{EREAS, the City Commission of the City of Boynton
Beach, Florida, upon recommendation of staff, has deemed it to
be in the best interests of the citizens and residents of the
City of Boynton Beach, Florida to execute an Agreement between
the City of Boynton Beach and Florida Power & Light Company ;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section io The Mayor and City Clerk are hereby
authorized to execute an Agreement between the City of Boynton
Beach and Florida Power & Light Company to reserve the CILC
rate structure for the West Water Treatment Plant, which
Agreement is attached hereto as Exhibit "A".
Section 2. That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this /~ day of February, 1993.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Co~ioner
ATTEST:
Ci~ Clerk
(Corporate Seal)
Authsig.doc
Uti.WWTP
2/11/93
This .a~rcement is made this day of , 19._._, by and between
The City of B0,¥nt0n Beach (hereinafter c ailed the,Customer.), located at 5469 ff. Boynl:on
onda (hereinafter calied the Com~aay ).
1. The Company agrees to furnL~ and the Customer agrees to take electric service subject to the terms and conditions of
the Co _mp~my'a Co.~er c~fl/l~.dus t ri~... ~Load Control Prngram Schedule CII.C-1 (hereinafter celled 'Sched~Je CILC-1') as
orus ? be mo ed Me to by the oride ub.c Coma iun rherein*aer =iied
~I~i~ ~.~ ~'f~ ,~C~-s~ ~t~o.m~er .mlders~n?.;andegr~ t~, Whene~r/refereiice is made. ia this Agreement to Schedule
t~j', ~- ~u~.v approveo :~..ne~me C~L.C-! ts attached hereto as Exllibit A and hereby made an integral part of this
Agreemeet.
Z dTuO~.h~hShp~.j~t~l eql~l/~~ ~.or,,~_,c~_ und~r.S?e,d.ul.~ c,~C.1, [he ~C~:~omer must have had amax/mum demand
· r- u.~ u~ ~ ~s~ greatar.tlmn tl~..mrm Dema.,-id' level specified in paragraph 7 below.
~m,',:~,~a~r"~r~: ~ an? ~:°??°?s' ? -r any °l:l~er C0inm~ssl°~det ermmm'°n~ 'T'9~ e C°m pony and the C~atomer aee that
~ ~ !y edified or w~thdrawn iub em to det~r--minat~ .....
, ~J ous made erCo
Nun- . . . .. . . . : Und ~on RUle 25-6.0438, F.A.C
From ~=iectric ~ervwe Terms and Condmous, or any other Comrmss~on deternlinatibn. '
4. i~;:c~oanth;andCd'~aa~e~otmO~;~ u.~n_d~S~_~_e~l~ ?e C~_,C-.1 [he C~?~[0m?.r m~ pr~ the Company access to
~ ,~,~v~ equ~pment,'ano mm als0 h~e re~ived arm-oval from the
mat sam equipment is sethfactory tO effect cOntr°l of~e C'm,2~,,er's ,~,~ '~- - ~---- ~ .::
a I/ca e ' ~ ~ , pons/bie for meet n
any pp bee ]ect~cal code standards and~ .... . · . g
.. . - ~g~ requ)rel~ents pertamm[~t0 ~h~ fnstallatton maintenance and re ir of
me _.~_m..pme~t. The Customer .shaft[,be raspo~usible for '~ain//aining} th~ Cu/t6rne~'S· ~und conirol ~nui~mem
provl~ ~e ~ompany access at any reusonable time to iiis~ct t1~ can't off:0~t~ ~ul~mm for p~ of d;t;~r~
g
rellell"-- upoe by the CustomerYt~'~"~' ~mu rater m.Specfiuns 0Y the Company ar~ n~[ fb~ the purp°se of, and are not to be
for,
determining
[he load centre! equipment has been adeouatelv maintained or is
m Compliance with any applieable electrical c0de' star/dai, c~ Or }egal ~.equh~ei~.t~. ' -
5. The Cussomer agreus to perform the aecessary cbanges by (date) 12/31/94 , to allow control of a partion
of the ~eff$ load. Schedule CII..C-1 cemaot apply earlier than this date uffiess agreed to by the Company.
by Company. In order to recerv~ service under SchedUle CILC-1, it ~ be nece~arv for the Customer to
a new men ·
Agree t, which will again make the availabdlty of set-v/ce subject to the 'L/mitatiun ~
Upon completion of the installation of the load control equipment, a ter~ of this equipment wi[t be conducted at a time
a.ed O tnmer. The ist o,a ,oad co. o, no,
--, .~ . ~.,j~..,.~{vv u~u me compleuoa of the testing of the load control ui meat the '
toa'l~m~:Demand". ServiceunderSched I CR.C lcannnrt.~,~,,, · - eq p - ' Customer wffi agree
.... u · -- ........... ence prior to the astallat{on of load control equipment
aaa the succusstul completmn of the test. -- -
The Customer agrees to a *Firin Demand* level of 0 kw during the periods when the Company is controlling the
Customer's set,ce. This #Firm Demand* lev*l ,shall not be exceeded during periods when llle Compaoy is controlling load.
oUr~l~>~emrgua2,a,~_~_ ~m.e~_c~.3he C~m.~?~y_ ~and ~e Customer, the C'ustomer's Fu'm De~d may su uent be raised
------~, ~ ~ouM ~ u~ change m toe -eu'm Demand* ,-- =- ............. ~ ly
,~v~t ~, uut a r~:~mt o~ a transfer of load from the ControHabie
pon/on of the Customer's load. The Customer shall notify the Company upon adding firm lund.
In order to minimize the/requency and duration of interruptions under the CILC Pro/ram, the Company w/Il attempt to
obtain reasonably available additional capacity and/or ener/y under the Continuity of Se~/ce Provision in Schedule CILC-1.
The Company's obligation in this regard is no differem ~han its obligation in general to purchase power to serve its
Cnstomers during a capacity shortage; in other words, the Company is not obl//ated to account for or otherwise reflect
in its generation and wansmiss~n p~nnin$ and construction the Pce~bility of providing capaci~ and/or eneriy under the
Continuity of SelMce Pro./on. Customers receding ser~lae under Schedule CILC-1 may elect to continue raking service
under the Continuity Of Service Provis/on nad it will be provided only if such capacity and/or enar/y can be obtained by
the Company and can be transmitted and distributed to non-firm Customers without any impaifmem of the Company's
system or service tO other finn Customers. _ The Customer ~ [ doe~ not elect to continue tak/ng service under the
Continuity of Service Provision. The Customer may countermand the election specified above by prov/ding written notica
to the Company pursuant to the guldelinus set forth In Schedule CILC-1. The Company's obliffati~.s under this para/raph
are sub,{ec~ to the terms and conditions spacificelly set forth in Schedule CILC-L
The Cnstomer a/re. es to be responsible for file determination that all electrical equipment to be controlled is in good repair
and working condition. The Company shall not ha responsible for the reps/r, ma/ntenance or replacement of the
Customer's equipment.
10. I~ the Cmtomer no longer w/shus to receive any ~pe of electric semdce from the Company, the Customer may terminate
this A/r~ment by/lying U~rty 00) ~ advance vai~n notica to the Company.
11,
The Company may term/nato this A/reement at any time if the Customer fails lo comply with the terms and conditions
of Schedule CILC-1 or this A/reemenL Prior to any such termination, the Company shall notify the C'ustomer at least
n/nety (90) de~s in ad~unce and delmribe the Customer's failure to comply. The Company may then terminate this
A/reement at the end of the 90-dey notice period uuless the C~stomer ~&ns mnasurel necessary to el/minate, to the
Company's,~atisfaction, the compliance deficienc/ns described by the Company. Notwithstanding the foregoing, if, at any
time during the,90-day period, the Customer either refases or fails to initiate and pursue corrective action, the Company
shall be entitled,lo suspend forth~th the monthly billing under tho Schedule CILC-1, bill the Customer under the
otharvAie applicable firm sen,ice rate schedule and apply the rebilling end penalty provhions enumerated under TERM
OF SERVIC~ in Schedule CILC-1.
1Z Tha Customer a/rees that the Company will not be llabla for any damages or injurius that may occur as a rusult of control
o~ electro set'v/ce pursuant to the terms ~/Schedule CILC-1 by remote control or otherwhe.
13. This A/r~ement ,supersedes all previous a/rcemants and representations, ulther wr//aen or oral, heretofore made hatween
the Company end the Cestomer with ruspac~ to matters herein contained. Any modification(s) of this A/reement must
be approved, in writing, by the Company and approved by the Commission.
14. This Agreement may not be essi~ned by the Customer without the prior written consent of the Company.
15, This A/reement is subjec~ to the Company's "C~eneral Rules and Regulations for Electric Scrv/ce" and the Rules of the
Commissio~
iN WITNESS ~OF, the Customer and the Company have caused this Agreement to be duly executed as of the day
and year first above written.
Compeny: City of Boynton Beach
Name: arline Weiner
~e: ~yor
FLORIDA POWER & LIGHT COMPANY
Name: ./fi/.~'-~'~ ~ ,-¢ ~'//