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R92-177RESOLUTION NO. R92-/~;~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA POWER & LIGHT COMPANY FOR THE RENTAL AND INSTALLATION OF A DATA PULSE METER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has deemed it to be in the best interest of the residents and citizens of the City of Boynton Beach to enter into an agreement for the installation and rental of a Data Pulse Meter at the Water Treatment Plant which will provide information regarding electrical demand. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized to execute a certain Agreement between the City of Boynton Beach, Florida and Florida Power & Light Company for the installation and rental of a Data.Pulse Meter at the Water Treatment Plant. Section 2. That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this /~ day of October, 1992. CITY OF BOYNTON BEACH, FLORIDA Mayor  oner y .C~~'si0~r / i ATTEST: (Corporate!Seal) Aut, doc DPMeter. Util 9/29/9~2 AGREEMENT TO PROVIDE MI~-I'ER PULSE DATA/FACH.rI~ THISAGREEMENT, madathis ~ dayof~,~ ~ by~be~ The City of Bo',yn~on Beach ....... ~e o~ or ~'lonaa ~ne~m~r ~ed the Co~y). wI'rNESSTH wlt~/tEAS, the Customer desires to have eqmpment installed at the Customer's lia~er Plant Facility located at '1620 South Seacrest Boulevard fo~th'~ p~ ~ ~u~pcee ,of oI~ raE.~g a dem.~nd H~iting, energy management and/or load control device and to have ~he Company p ue ~m~a proses from Its Hletol~ng f~liti~ for this pUrpoSe and, WHEREAS, the Company des/res tha~ certain terms and conditions be specified befor~ providi,~g such a service conmection facility, , NOW 'Iq~e. HEFORE. for dud/ncdnsideration of the mutual promises herein set forth, the parties hereto covenant and agrees az follows: 1. The CompanywiLlinstall -*.he necessary facil/ties m proyide data pulses as available from its metering equipment. 2. Th.e pulses t.ran _a_mitted from the Company, s meter to the Custemer's eqmpmen~ are te be used by the Customer omy taprewde data ~o an energy m~n%~ement system. . 3. The, C.~.ustpm~ er s~ idenm/fy, protect, defend and hold the Company free and unharmed from and aga n~t any ~na ail qi,am~s~-habflities and ~expenses whatsoever resul+~- ~ ~- ...... - ........ ' ;' . - _u~ ?.t ; :~ . .... ~ < ~'~°,.mpanysnegilgence, prowded such negligence m not based upon behavior wmca eonsurums a wunu anawanten disregard for the r/ghts of others. QUIPMENT RELATED THERETO. 5. The Compan~Fs billing for dem,nd and energy charges shall be based on the Company's tee sh U he cons n the p ons me r roa n and the ne ~ompanys ~enerai Rules and Regulations for Electric Serv/ce. of the Flor/da ~d~ni~i~trative Code arid 6. The Company's service equipment conductors and ~ransformers may be sized by the Company to accommodate the dem,nd Iim/ts'ns imposed by the Customer's demand limiting system. 7. ~AcceSe ,m the, Company's _metering and pulse transmittul instaHat/on mcludin,, all of its oo.r~s, annara~ns conduo ~oro and enclosures, by the Customer and ~ts agente shall not be perm~ttsd except at ~he jan~t~n box'where~ the Customer's data pulse w/ring is terminated. The junction,box where pulses are delivered by the Company and received by the Customer shall be accessible to the Company and the Customer. Where the installation roq,.ures the output from more than one pulse source, it shall be the responsibility of the Cnstemer to provide any requixed totallzation of pulse data for its further use. The Cnsromor shall pay ~o the Company, as consideration for furnishing the unnsual facilities, a monfl'dy ronta] charge m accordance w/th the Compan.v's Contract Provimons - Fac/l/ties Rental Schedule in its Electr/c Tariff or any successor or substitute schedule, as change, mod/fled, or supplemented from time m t/me by a legal effective filing of the Company with or by order of the Florida Public Service Commission. 9. 10. 11. Theinstalledcos~ofthesefac~tiesis$ 289.26 Thecurrentmonth]yren~lch~rgeis$ 7.23 based on th~ valuation and the currenrAy effective rental ram. In the event ~hese facilities are changed, a new valuation wi]/be made and the mont~y rental et,,~ge rec~culated~ 12. Payment of said charges shall be made at any office of the Company. 13. This Agreement may be termlnated a~ any time either party giving thL, q~ days written notice to the other, excepc-~ that it shall not be mrmfuar~l by either party prior to the expn-ati0n of three (3) years from the dam hereof. 14. Any prevision of this Agreement shn]l be IneffectiVe to the~ extent that it is In conflict with the:Company's presen~ or future Electric Tariff as filed with the Florida PubIic Service Commission. 15. This Agreement is not assignable. 16 This Agreemen~ supersedes ~ previous agreeman~s or representations, either written or oral, heretefo~e in effect be.tw,een the Compan.y and the Customer, made in respect to matters herein contained, and when duly executed. this Agreement consUtutes the entn'e Agreement between.the, parties hereto. IN WIT~ :SS WHEREOF the parties hereXo have caused this Agreement to be duly executed in ~ripHcate the day ond year firet above Written. .,~-/~Witnesses for the Customer: Title Mayor ~fle City Clerk  POWE & LIG COMPANY Title .,,,~/~ ~/~z /z~-/.~: