Agenda Item
iv. Contract ~ Georgia Power Lighting Services Agreement ~ New Elementary School at Dresden Site (Not to exceed $121,638)
Summary: Presented by: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the DeKalb County School Board of Education (“the Board”) approve the agreement with Georgia Power to provide lighting and related services to the New Elementary School at Dresden, which shall be performed in accordance with the terms and conditions of the agreement in a not to exceed amount of $121,638.
Why: Approval of the Agreement with Georgia Power Company will provide necessary service, upgrades and maintenance to the lighting the New Elementary School at Dresden Site.
The approval of the use of this Cooperative agreement meets Strategic Goal Area 6: Organizational Excellence.
Details: The Division of Operations is requesting approval of the agreement with Georgia Power to provide lighting and related services at Dresden ES. The purpose of this agreement is to install and maintain (16) exterior LED lights for the New Elementary School at Dresden. Georgia Power requests permission to maintain, repair and relocate all equipment to maintain the service to the New Elementary School at Dresden site.
This program will enhance safety, experience, and energy savings for the DCSD and all stakeholders.
Georgia Power Company is located at 241 Ralph McGill Blvd, Atlanta, GA 30308.
Financial impact: The financial impact of this agreement is a pre-payment of $121,638.
The contract term is month-to-month billing. Per the agreement, costs are $720 monthly with actual regulated costs approved by the Georgia Public Service Commission at the time of billing. Further explanation of the payment terms can be viewed under the Terms and Conditions, Item No. 4.
The budget for monthly services is allocated from cost code 100.2600.543000.00011.7520.000.8013.040.0000 under the Operations Division General Fund Budget.
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678.676.1470
Mr. Keith Ball, Executive Director of Facilities and Capital Improvement, Division of Operations, 678.676.1478
Effective: Upon Board Approval and a fully executed contract
Status: Approved by the Office of Legal Affairs
Lighting Services Agreement
Project # LP96662
Customer Legal Name DEKALB CO BOARD OF EDUC DBA Dresden ES
Service Address 2449 DRESDEN DR NE UNIT 1185A CHAMBLEE GA 30341 County Dekalb - GA
Mailing Address SERVICE CENTER 1780 MONTREAL RD TUCKER GA 30084
Email Tel # Alt Tel #
Tax ID# 0000 Business Description Municipality
Existing If Yes (and if possible), does customer want If Yes, which
Yes þ No ¨ Yes ¨ No þ
Customer the Service added to an existing account? Account Number?
Selected Components
Action Qty Wattage Type Description
INS 20 230 LED Area
Service Cost ($) Regulated Cost ($)* Monthly Cost ($)*
Term (Months) 1
$512.00 $208.00 $720.00
* The actual Regulated Cost will be calculated using the tariffs approved by Georgia Public Service Commission at the time of billing. The estimate is based
on Summer Rates in effect at the time of this proposal. Excludes applicable sales tax.
Project Notes:
Customer agrees to this Lighting Services Agreement with Georgia Power Company under the attached terms and conditions and authorizes all actions
noted on this agreement.
Customer also agrees to allow removal of existing lights. Yes ¨ N/A ¨
Type Customer Tariff Content Pre-Payment ($)
NESC Gov EOL NLC $121,638.00
Customer recognizes that the individual signing this Agreement on its behalf has authority to do so.
Customer Authorization Georgia Power Authorization
Signature: Signature:
Print Name: Print Name: Deangelo Quarterman
Print Title: Print Title: Account Exec
Date: Date:
1
TERMS and CONDITIONS (Lighting – Governmental Service)
1. Agreement Scope. This Lighting Services Agreement (“Agreement”) establishes the terms and conditions under which Georgia Power Company (“GPC”) will provide lighting and related
service (collectively, the “Service”) to the customer identified on Page 1 (“Customer”) at the Service Address shown on Page 1 (the “Premises”). GPC may install, update, modify, or
replace any GPC-owned pole, base, wiring, conduit, fixture, control, equipment, device, or related item at the Premises (collectively, “GPC Assets”) for any reason related to the Service or to
use of GPC Assets.
2. Term and Termination. The initial Agreement term is stated on Page 1, calculated from the date of the first bill. After the initial term, this Agreement automatically renews on a month-to-month
basis until terminated by either party by providing written notice of intent to terminate to the other party (in accordance with the notice provisions of the Miscellaneous section below) at least
30 days before the desired termination date. The initial term and any renewal term or terms are collectively the “Term.”
3. Intent and Title. This Agreement governs GPC’s provision of the Service to Customer and is not a sale, lease, or licensing of goods, equipment, property, or assets of any kind. GPC retains
the sole and exclusive right, title, and interest in and to all GPC Assets. Customer acknowledges that GPC Assets, although attached to real property, always will remain the exclusive
personal property of GPC and that GPC may remove GPC Assets upon Agreement termination. GPC makes no representation or warranty regarding treatment of this transaction by the
Internal Revenue Service or the status of this transaction under any federal or state tax law. Customer enters into this Agreement in sole reliance upon its own advisors.
4. Payment. GPC will invoice Customer monthly for the Monthly Cost as described on Page 1. The Service Cost portion of the Monthly Cost will renew at the amount shown on Page 1, but the
Regulated Cost portion will be determined by the applicable Georgia Public Service Commission-approved tariff at the time of billing. Customer agrees to pay the total amount billed in full by
the invoice due date. If a balance is outstanding past the due date, Customer acknowledges that GPC may require Customer to pay a deposit of up to two times the Estimated Monthly Charge
in order to continue Service. If applicable, Customer must provide a copy of its Georgia sales tax exemption certificate. Customer must pay costs associated with any Customer-initiated
change to the Service after the date of this Agreement.
5. Premises Activity. Customer hereby grants to GPC and its contractors, agents, and representatives the right and license to enter the Premises at any time to perform any activity related to
the Service or to GPC’s use of the GPC Assets, including the right to access the Premises with vehicles, GPC Assets, or other tools or equipment, and to survey, dig, or excavate, in order to:
(i) install and connect GPC Assets, provide Service, or provide or install any other service; (ii) inspect, maintain, test, replace, repair, disconnect, or remove GPC Assets; (iii) install additional
equipment or devices on GPC Assets; or (iv) conduct any other activity reasonably related to the Service or GPC Assets (collectively, “GPC Activity”). Customer represents or warrants that it
has the right to permit GPC to provide the Service and to perform the GPC Activity upon the Premises and, if applicable, has obtained express written authority and required permission from
all Premises owners, and any other person or entity with rights in the Premises, to enter into this Agreement and to authorize the GPC Activity and the Service.
6. Installation and Underground Work. Customer recognizes that the Service requires installation of GPC Assets. Customer warrants or covenants that: (i) the Premises’ final grade will vary no
more than six inches from the grade existing at the time of installation; and (ii) if applicable and required for proper installation, Premises property lines will be clearly marked before installation.
A. Customer Work. If GPC, upon Customer’s request, allows Customer, itself or through a third party, to perform any activity related to installation of GPC Assets (including trenching),
Customer warrants or covenants that the work will meet GPC’s installation specifications (which GPC will provide to Customer and which are incorporated by this reference).
Customer must provide GPC at least 10 days’ prior written notice of its schedule for the work, so that GPC can schedule GPC’s installation work promptly thereafter. Customer will be
responsible for any additional costs arising from non-compliance with GPC’s specifications, Customer’s failure to complete Customer’s work by the agreed completion date, or failure
to provide GPC timely notice of any schedule change.
B. Underground Facility/Obstruction Not Subject to Dig Law. Because GPC Activity may require excavation not subject to the Georgia Utility Facility Protection Act (O.C.G.A. §§25-
9-1 – 25-9-13) (“Dig Law”), Customer must mark any private utility or facility (e.g., gas/water/sewer line; irrigation facility; fiber/data/communication line) or other
underground obstruction at the Premises that is not subject to the Dig Law. If GPC causes or incurs damage due to Customer’s failure to mark a private facility or obstruction
before GPC commences GPC Activity, Customer is responsible for all damages and any loss or damage resulting from any such delay.
C. Unforeseen Condition. The estimated charges shown on Page 1 include no allowance for subsurface rock, wetland, underground stream, buried waste, unsuitable soil, underground
obstruction, archeological artifact, burial ground, threatened or endangered species, hazardous substance, or similar condition (“Unforeseen Condition”). If GPC encounters an
Unforeseen Condition in connection with any GPC Activity, GPC, in its sole discretion, may stop all GPC Activity until Customer either remedies the condition or agrees to reimburse
all GPC costs arising from the condition. Customer is responsible for all costs of modification or change to GPC Assets requested by Customer or dictated by an Unforeseen
Condition or circumstance outside GPC’s control.
7. GPC Asset Protection and Damage. Throughout the Term, in the event of any work or digging near GPC Assets, Customer (or any person or entity working on Customer’s behalf) must: (i) provide
notices and locate requests to the Georgia Utilities Protection Center (“UPC”) and other utility owners or operators as required by the then-current Dig Law; (ii) coordinate with the UPC and any utility
facility owner/operator as required by the Dig Law; and (iii) comply with the High-voltage Safety Act (O.C.G.A. §§46-3-30 -- 46-3-40). As between Customer and GPC, Customer is responsible for any
damage arising from failure to comply with applicable law or for damage to GPC Assets caused by anyone other than GPC or a GPC contractor, agent, or representative.
8. Pole Attachments. Nothing in this Agreement conveys to Customer any right to attach or affix anything to any GPC Asset. Customer agrees that it will not, and will not permit others to,
rearrange, disconnect, remove, relocate, repair, alter, tamper with, or otherwise interfere with any GPC Asset. If Customer desires to attach or affix anything to GPC Assets, Customer must
first obtain GPC’s written consent. Customer may call GPC Lighting and Smart Services business unit at 1-888-660-5890 to request consent.
9. Interruption of Service. Customer understands that Service is provided on an “as is” and “as available” basis and may be interrupted. If there is a Service interruption, Customer must notify
GPC. Following notice, GPC will restore Service, at no cost to Customer. Customer may notify GPC by either calling 1-888-660-5890 or by reporting online at:
https://www.georgiapower.com/community/outages-and-stormcenter/power-outage-overview/street-light-outage.html.
10. Disclaimer; Damages. GPC makes no covenant, warranty, or representation of any kind (including warranty of fitness for a particular purpose, merchantability, or non-
infringement) regarding Service, GPC Assets, or any GPC Activity. Customer acknowledges that, due to the unique characteristics of the Premises, Customer’s needs, or selection of
GPC Assets, the Service may not follow IESNA guidelines. Customer waives any right to consequential, special, indirect, treble, exemplary, incidental, punitive, loss of business
reputation, interruption of Service or loss of use (including loss of revenue, profits, or capital costs) damages in connection with the loss or interruption of Service, GPC Assets,
or this Agreement, or arising from damage, hindrance, or delay involving the Service, GPC Assets, or this Agreement, whether or not reasonable, foreseeable, contemplated, or
avoidable. To the extent GPC is liable under this Agreement, and to the extent allowed by applicable law, GPC’s liability is expressly limited to: (i) with respect to the Service purchased by
Customer, the annual amount paid by Customer for the Service; or (ii) with respect to any other liability, to proven direct damages in an amount not to exceed $100.00. Customer is solely
responsible for safety of the Premises; Customer agrees that GPC has no obligation to ensure safety of the Premises and that GPC has no liability for any personal injury, real or personal
property damage or loss, or negative impact to Customer or any third party that occurs at the Premises.
11. Risk Allocation. Each party will be responsible for its own acts and the results of its acts, except as otherwise described in this Agreement.
12. Georgia Security, Immigration, and Compliance Act. Customer is a “public employer” as defined by O.C.G.A. § 13-10-91 and this is a contract for physical performance of
services in Georgia. Compliance with O.C.G.A. § 13-10-91 is a condition of this Agreement and is mandatory. GPC will provide to Customer a contractor’s affidavit for installation
services as required by O.C.G.A. § 13-10-91. If GPC employs any subcontractor in connection with installation under this Agreement, GPC also will secure from each
subcontractor an affidavit attesting to compliance with O.C.G.A. § 13-10-91.
13. Default. Customer is in default if Customer: (i) does not pay the entire amount owed to GPC within 45 days after the due date; (ii) terminates this Agreement without proper notice and prior to
the end of the then-current Term; or (iii) breaches any material term, warranty, covenant, or representation of this Agreement. GPC’s waiver of a past or concurrent default will not waive any
other default. If a default occurs, GPC may: (a) immediately terminate this Agreement; (b) remove any GPC Asset from the Premises; or (c) seek any available remedy provided by law,
including the right to collect any past due amount, or any amount due for the Service during the remaining Term.
14. Miscellaneous. This Agreement contains the parties’ entire agreement relating to the Service, GPC Assets, and GPC Activity and replaces any prior agreement, written or oral. Subject to
applicable law, GPC may modify the terms of this Agreement by providing 30 days’ prior written notice of such modification to Customer. If Customer uses the Service or makes any payment
for the Service on or after the modification effective date, Customer accepts the modification. GPC’s address for notice is 1790 Montreal Circle, Tucker, GA 30084-6801; Customer’s address
for notice is stated on Page 1. Either party may update administrative or contact information (e.g., address, phone, website) at any time by written notice to the other. Customer will not assign,
in whole or in part, this Agreement or any right or obligation it has under this Agreement; any such assignment without GPC’s prior written consent will be void and of no effect. In this
Agreement: (i) “include(ing)” means “include, but are not limited to” or “including, without limitation”; (ii) “or” means “either or both” (“A or B” means “A or B or both A and B”); (iii) “e.g.”
means “for example, including, without limitation”; and (iv) “written” or “in writing” includes email communication. Georgia law governs this Agreement. If a court rules an Agreement
provision unenforceable to any extent, the rest of that provision and all other provisions remain effective.
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