1. The subject of the contract is the supply of electricity to buildings belonging to the Poviat Starosty in Limanowa and organizational units of the Limanowa Poviat, with a total estimated volume of 1 321 635 kWh, in the period from 01.03.2023 to 31.12.2023. The estimated time of delivery of electricity may change depending on the course of the public procurement procedure and/or the change of supplier procedure.
1. All organizational units referred to in point 1 of the SWZ are eligible customers referred to in Article 2 point 2 letters d) and e) of the Act of 27 October 2022 on measures aimed at limiting electricity prices and support for certain customers in 2023 (Journal of Laws of 2022, item 2243), which means that the maximum price of electricity for which the Contracting Authority will settle with the Contractor in the period from the date of signing the contract until 31.12.2023 is PLN 0.785 / kWh (net). The Contracting Authority shall submit/submit to the entitled entity, i.e. the Contractor, an appropriate statement referred to in Article 5(1) of the aforementioned Act.
2. A detailed description of the subject of the contract, including, among others, planned electricity consumption at individual energy consumption points, hereinafter referred to as: "PPE", existing contractual capacities, tariff groups, is attached as Annex 6 to the SWZ entitled List of units and consumption points for the task entitled: "Supply of electricity for the Limanowa District and its organizational units" and Annex No. 5 to the SWZ, i.e. the draft provisions of the contract.
3. The forecasted electricity consumption in individual PPE is indicative for the preparation of the offer and may change during the term of the contract, it does not constitute the Ordering Party's obligation to purchase electricity in the given quantity. Any change in consumption will not result in additional costs for the Ordering Party, except for the settlement for the actual amount of energy consumed according to the prices given in the offer. The measurement of electricity consumed by the Ordering Party will be carried out by means of metering and settlement systems owned by the Distribution System Operator, hereinafter referred to as "DSOs".
4. The execution of the contract shall take place under the conditions specified in the Act of 10 April 1997. Energy law, executive regulations to this Act and generally applicable legal regulations.
5. The Contractor is obliged to ensure the quality parameters of electricity in accordance with the applicable provisions of law.
6. The Contractor's obligations will also include completing all formalities and arrangements with the current electricity supplier in order to maintain liquidity in the supply of energy and not to cause interruptions in the power supply, including those related to the change of supplier. By the date of signing the contracts, the Ordering Party shall provide an appropriate power of attorney to submit notifications of the sales contract on behalf of the Ordering Party and to perform the activities necessary to carry out the process of changing the seller.
7. All actions shall be taken by the Contractor without undue delay, enabling the commencement of electricity delivery at the first possible date after the effective procedure of changing the seller, taking into account the complaint submission process in the event of negative verifications of the notification.
8. Currently, the Ordering Party has agreements (general and detailed agreements) for the supply of electricity concluded with ENERGA OBRÓT S.A. for a definite period from 1 January 2022 to 31 December 2022 (for a period of 12 months), and distribution service agreements concluded with TAURON DYSTRYBUCJA S.A. for an indefinite period. From 1 January 2023, the supply of electricity will be provided by a reserve seller.
9. The Contractor shall be responsible for the whole, including the course and timely performance of the contract, for quality, compliance with technical and quality conditions specified for the subject of the contract. Due diligence is required in the performance of the contract, understood as the diligence of a professional in the activity covered by the subject of this contract.