HomeMy WebLinkAboutExhibit 1Term Sheet for the Execution of Supplemental Agreements
For Energy Improvements at City Buildings with FPL Services
Contract Type: Supplemental Agreements for Feasibility Study and Implementation Order to
Previously Executed Master Agreement for Energy Services
Parties: City of Miami (Customer) and FPL Services, LLC (Company)
Subject Matter: Energy Efficiency Study and Improvements at City -owned Buildings
Term: Feasibility study and Implementation Order will expire when specified work is
completed.
Cancellation Provisions: City may decline to proceed with implementation or, after executing
implementation agreement, may terminate due to lack of funding or change in
regulations.
Fee Structure: Feasibility study (Schedule C): $68,812
Project implementation (Schedule E): NTE $2,701,916 to be billed based on percentage
of project completed.
Late fee: Interest of 12% per annum charged after 25 business days after proper
invoice presented for construction activities and after 45 business days for the
feasibility study, as per the Florida Prompt Payment Act.
Hold Harmless/Indemnification: Full indemnification for Customer per Article 10 of the Master
Agreement
Compliance with All Laws: FPL Services will comply with all applicable laws.
Permits: FPL Services will comply with applicable permits in Supplemental Agreement .
Insurance: Per Article 9 of the Master Agreement. Workers Comp: $500K; General
Liability: $2M; Auto Liability $2M; Professional Liability: $1M/$2M
Special Provisions:
Entirely grant funded by federal ARRA Energy Efficiency and Conservation
Block grant. No match required. Company must comply with relevant funding
terms of grant, specifically Davis -Bacon and Buy American compliance.
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Special Provisions: All implementation recommendations are subject toreview and approval by
City Manager.
Special Provisions: FPL Services has accepted standard City terms for assignment and transfer of
contract; access to public records; ownership of improvements; and
accounting records.
Special Provisions: The City is responsible for loss or damage to equipment installed under this
contract unless the loss or damage is the fault of FPL Services or its
subcontractors.
Special Provisions: FPL may assign its duties and obligations under the contract with the consent
of the City. The City may not unreasonably withhold its consent to such
assignment.
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