Staff recommends approval of the Hold Harmless Agreement with Progress Energy for Emergency Switching.
This is a continuation of the current “Hold Harmless Agreement” that will expire on August 2006. The only change in this agreement is to eliminate a fixed term for the agreement. Per section 7, the agreement may be terminated by either party with 60 days written notice.
Taken directly from the agreement, the document provides the following safeguards to Progress Energy as a result of Emergency Switching:
”In no event shall Progress Energy Florida, 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”.
1. Approve Hold Harmless Agreement; or
2. Such alternative action as the Commission may deem appropriate
Prepared by: _Connie Lambert
Attachments: Yes__X__ No ______
Advertised: ____Not Required _____X_
Attorney Review : Yes_X__ No ____
Reviewed by: Dept. Head Paul Kalv
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO APPROVE A HOLD HARMLESS AGREEMENT WITH THE CITY OF LEESBURG AND PROGRESS ENERGY FOR PROVIDING SERVICES RELATED TO EMERGENCY SWITCHING; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:
THAT the Mayor and City Clerk are hereby authorized to approve a Hold Harmless agreement between the City of Leesburg and Progress Energy whose address is 6565 38th Ave. North, St. Petersburg, Florida 33710, for providing services related to emergency switching.
THAT this resolution shall become effective immediately.
PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the _26th____ day of __June_______ 2006.