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HomeMy WebLinkAboutReso 2016-2517 RESOLUTION NO. 2016- 251 '1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A PREMIUM LIGHTING AGREEMENT WITH FLORIDA POWER AND LIGHT (FPL) FOR THE INSTALLATION OR MODIFICATION OF PREMIUM LIGHTING FACILITIES IN GOLDEN SHORES RESIDENTIAL NEIGHBORHOOD, IN AN AMOUNT NOT TO EXCEED FIFTY-THREE THOUSAND NINE HUNDRED NINETY-ONE DOLLARS ($53,991.00), IN SUBSTIALLY THE SAME FORM ATTACHED HERETO AS EXHIBIT "A", PROVIDED THE AGREEMENT IS APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY THE CITY ATTORNEY; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has continuously experienced problems with lighting in the Golden Shores area, and is in need of lighting improvements in the Golden Shores area; and WHEREAS, as part of the Capital Project within the Golden Shores residential neighborhood, the City of Sunny Isles Beach wishes to have LED lighting facilities installed or modified; and WHEREAS, Florida Power and Light (FPL) has submitted a proposal for the installation or modification of Premium Lighting Facilities within the Golden Shores area, in an amount not to exceed Fifty-Three Thousand Nine Hundred Ninety-One Dollars ($53,991.00), which includes a deposit of Eight Hundred Forty-Two Dollars ($842.00), in substantially the same form attached hereto as Exhibit "A", providing the Agreement is approved as to form and legal sufficiency by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Premium Lighting Agreement. The Premium Lighting Agreement with Florida Power and Light (FPL), for the installation or modification of Premium Lighting Facilities at Golden Shores located in Sunny Isles Beach, Florida, in an amount not to exceed Fifty-Three Thousand Nine Hundred Ninety-One Dollars ($53,991.00), in substantially the same form attached hereto as Exhibit "A", providing that Agreement is approved as to form and legal sufficiency by the City Attorney, is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. R2016-FPL Premium Lighting Agmt Golden Shores AreaPage I of 2 Section 3. Authorization of City Manager and City Attorney. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effe • e son adoption. PASSED AND ADOPTED this 21'day of January 0 16. Geor•e H. choll, Mayor ATTEST: • ( !l A. • L14-, Jane A. Hines,'MMC, City Clerk y y APPROVED AS TO FORM AND LE •• I SU FICIENCY lArim /1 • ms's 04 not, ,i ity Attorney Moved by: L.--x-013 Seconded by: C0 -- rYlA J Vote: 5-p Mayor Scholl V(Yes) (No) Vice Mayor Gatto ("(Yes) (No) Commissioner Aelion ,/(Yes) (No) Commissioner Goldman Yes) (No) CommissionerLevin /(Yes) (No) • R2016-FPL Premium Lighting Agmt Golden Shores AreaPage 2 of 2 FPL FPL Account Number.0218941243 FPL Work Order Number.6609043 PREMIUM LIGHTING AGREEMENT In accordance with the fallowing terms and conditions,City of Sunny Isles Beach(hereinafter called the Customer),requests on!his 30th day of December,2015,from FLORIDA POWER R LIGHT COMPANY(hereinafter called FPL), a corporation organized and existing under the laws of the State of Florida, the following installation or modification of premium Ilghling facilities at(general boundaries)Golden Shores, located In Sunny fates Beach,Florida. (a) Installation and/or removal of FPL-owned facilities described as follows: Lights Installed Lights Removed Fixture Rating Fixture Type #Installed Fixture Rating Fixture Type it Removed (in Lumens) . (in Lumens) 13,290 . Cree/LED 168W 48 Poles Installed poles Removed Pete T e #Installed Pole Type #Removed • (b) Modificationle existing facilities other than described above(explain fully):JJ . Total work order cost is$45;215.00 That,for and in consideration of the covenants set forth heteln,the parties hereto covenant and agree as follows: FPL AGREES: • 1. To install or modify the premium lighting fadfitles described and Identified above (hereinafter called the Premium Lighting System),_furnish to the Customer the electric energy necessary for the operation of the Premium Lighting System,and furnish such other services as are specified h this Agreement,all in accordance with the terms of FPL'$_currently effective Premium Lighting rate schedule on file at the Florda Public Service Commission(FPSC)or any successive Premium Lighting rate schedule approved by the FPSC. THE CUSTOMER AGREES: 2. To purchase from FPL all of the electric energy usedfor the operation of the Premium Lighting System. 3. To be responsible for paying,when due,all bills rendered by FPL pursuant to FPL's currently effective Premium Lighting rate schedule on file at the FPSC or any successive Premium Lighting rate schedule approved by the FPSC,for facilltes and service provided in accordance with this Agreement. 4. To provide access,final grading and,when requested,good and sufficient easements,suitable construction drawings showing the.locatton of existing and proposed structures,Identification of all non-FPL underground facilities within or near pole or trench locations,and appropriate Plats necessary for planning the design and completing the construction Of FPL facilities associated with the Preinlum Lighting System. 5. To perform any clearing,compacting,removal of stumps or other obstructions that conflict with construction,and drainage of rights-of-way or easements requtred by FPL to accommodate the premium lighting faolities. Exhibit"A" IT IS MUTUALLY AGREED THAT: 6. Modifications to the facilities provided by FPL under this agreement,other than for maintenance,may only be made through the execution of an additional Premium Lighting Agreement delineating the modifications to be accomplished. Modification of FPL premium lighting facilites is defined as the following: a. the addition of premium lighting faculties: b. the removal of premium lighting faciitles;and • c. the removal of premium lighting facilities and the replacement of such facilities with new(adlities and/or additional facilities. Modifications will be subject to the costs identified in FPL's currently effective Premium Lighting rate schedule on file at the FPSC,or any successive schedule approved by the FPSC. 7. FPL will,at the request of the Custoner,relocate the premium lighting facilities covered by this agreement,If provided sufficient right-of-ways or easements to do so. The Customer shall be responsible for the payment of all costs associated with any such Customer-requested relocation of FPL premium lighting facilities. 8. FPL may,at any time,substitute for any luminalreflamp installed hereunder another Iumfnatrelamp which shall be of at least equal illuminating capacity and efficiency. 9. FPL will ensure the facilities remain in working condition and it will repair any facilities as soon as practical following notification by the Customer that such work Is necessary.The Company agrees to make reasonable effort to obtain facilities for use in repairs or replacement to match the original facilities.The Company,however,does not guarantee that facilities will always be available as manufacturers of facilities May no longer Make such facilities available or other circumstances beyond the Company's control.In the event the original facilities are no longer available,FPL will provide and the Customer agrees to a similar kind and quantity. 10. This Agreement shall be for a term of twenty(20)years from the date of initiation of service. The date of initiation of service shall be defined as the date the first lights are energized and billing begins,not the date of this Agreement. At the end of the term of service,the Customer may • elect to ekecute a new Agreement based on the current estimated replacement cost 11. The Customer will pay for these facilities as described in this Agreement by paying a lump sum of$53.991.00 In advance of construction. . 12. The!tenthly Maintenance Charge Is$164.16.This charge maybe adjusted subject to review and approval by the Florida Public Service Geminissthn. 13. The monthly Billing Charge Is$19/6.This charge may be adjusted subject to review-and approval by the Florida Public Service Commission. • 14. In the event of the sale of the real property upon which the facililles are installed,upon the written consent of FPL,this Agreement may be • • assigned by the Customer the Purchaser.Na assignment shall relieve the-Customer from its obligations hereunder until such obligations have been assumed by the assignee and agreed to by FPL. 15. Should the Customer fan to pay any bilis due and rendered pursuant to this Agreement or otherwise fall to perform the obligations contained In this Agreement,said obligations being material and going to the essence of this Agreement,FPL may cease to supply electric energy or service until the Customer has paid the bills due end rendered or has fully cured such other breach of this Agreement.Any failure of FPL to exercise its rights hereunder shall not be a waiver of Its rights.It Is understood,however,that such discontinuance of the supplying of electric energy or service shall not constitute a breach of this Agreement by FPL,nor shall II relieve the Customer of the obligation to perform any of the terms and conditions of this Agreement. 16: If the Customer no longer wishes to receive service under this schedule,the Customer rnay terminate the Prang=Lighting Agreement by giving the Company at least(901 ninety days advance written notice to the Company.Upon early termination of service,the Customer shall pay an amount computed by applying the.Termination Factors,.es stated in.rate schedule.PL=t,to thetotal work order cost of the facilities,based • on the-year In which the Agreement was terminated These Termination Factors will net apply to Customers'Who elected to pay for the facllines 'Tina a lump sum In lieu of a Monthly_payinent At FPL a discretion theCustomer will be responsible for the costto the Minty of removing the" facilities _ 17. The obligation to furnish or purchase service shall be excused at any time that either party lsprevented from complying with this Agreement by strikes,lockouts,fires,riots,acts of God,the public enemy,or by cause or causes not under the control of the Party thus prevented from compliance,and FR shah not have the obligation to furnish service if it Is prevented from complying with this Agreement by reason of any partial,temporary at entire shut-down of service which,in the sole opinion of FPL,is reasonably-necessary for the purpose of repairing or making more efficient all or any part of its generating or other electrical equipment. 18. This Agreement supersedes all ptevlous Agreements or representations,either written,oral or otherwise between the Customer and FPL,with respect to the"facilities referenced herein and constitutes the entire Agreement between the parties.Thls.Agreement does not create any rights or provide any remedies to third parties or create any additional duty,obligation or Undertakings by FPL to third•paities. 19. This Agreement shall Inure to the benefit of,and be binding upon the successors and assigns of the Customer and FPL; • 20. This Agreement is subject to FPL's Electric Tariff;Including,but not limited to,the General Rules and Regulations for Electric Service and the Rules of the FPSC,as they are now written,or as they maybe hereafter revised,attended or supplemented.In the event of any conflict" between-the terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules,the provisions of the Electric Tariff and FPSC Rules shall control,as they are now written,or as they may be hereafter revised,amended or supplemented. • • p-4.r to • 1 IN WITNESS WHEREOF,the parties hereby caused this Agreement to be executed In triplicate by their duty authorized representatives to be effective as of the day and year first written above. Charges and Terms A pted: , City of Sunny Isles Beach FLORIDA POWER&LIGHT COMPANY Cust er(Print o type name of Organization) By Signal a(Authorized Representative) re) Got vA ti Sc.NOti� `�'� s o (Print or type name) (Print or type name) Title: fl Y o R We: . ft1TEST'. . : . .. . .. 6.).' ,..uvat.4..., . '' E�'RrJE A-. kk�t•les fi ! > , I I APPROVE I AS TO FORM i ANI/4111a1 N di •iff j S _, •. -• • iN •T, CI ATTORNEY I , • • F4.1d7 Sixteenth Revised Sheet No 8.720 FLORIDA POWER&LIGHT COMPANY Cancels Fifteenth Revised Sheet No.8.720 FREMIUM LIGHTING RATE SCHEDULE: PL-1 AVAILABLE: In all territory served. APPLICATION; FPL-owned lighting facilities not available under rate schedule SL-1 and OL-1. To any Customer for the sole purpose of lighting streets,roadways and common areas,other than individual residential locations. This includes but is not limited to parking lots, homeowners association common areas,or parks. SERVICE; Service will be unmctcrcd and will include lighting installation,lamp replacement and facilities maintenance for FPL-owned lighting systems. It will also include energy from dusk each day until dawn the following day. The Company,while exercising reasonable diligence at all times to furnish service.hereunder,does not guarantee continuous lighting and will not-be liable for damages for any interruption,deficiency or failure of service,Mid reserves the right to interrupt service at any time for necessary repairs to lines or equipment. LIMITATION OF SERVICE: Installation shall be made only when,in the judgement of the Company,the location and the type of the facilities are,and will • continue to be,easily and economically accessible to the Company equipment and personnel for both constriction and maintenance. Stand-by,non-finn,or resale service is not permitted hereunder. • TERM OF SERVICE: The term of service is(20)twenty years. At the end of the term of service,the Customer May elect to execute a new agreement based ' on the current estimated replacement costs, The Company will retain ownership of these facilities. FACILITIES PAYMENT OPTION: The Customer will pay for the facilities in a lump sum in advance of construction.The amount will be the Company's total work order cost for these facilities limes the Present Value Revenue Requirement(PVRR)multiplier of 1.1941. Monthly Maintenance and Energy charges will apply for the term of service, ,FACILITWS SEI,P,CT1ON; Facilities selection shall be mado by the Customer in writing by executing the Company's Premium Lighting Agreement. • (Continued on Sheet No.8:721) Issued by: S.E.Romig,Director,Rates and Tariffs Effective; Janua ry 2,2013 { 1 • FLORIDA POWER 8:LIGHT COMPANY Twenty-Fourth Revised Sheet No.8.921 • Cancels 1\venty-Third Revised Sheet No,8.721 • (Continued from Sheet No.8.720) 11YRATE: • f acilitles: Paid in full; Monthly rate is zero, for Customer's who have executed a Premium Lighting Agreement before Match 1,2010: 10 years payment option; 1.362%of total work order cost. 20 years payment option: 0.925%oftolat work order cost. Maintenance: FPL's estimated costs of maintaining lighting facilities. Billing: FPL reserves the right to assess a charge for the recovery of any dedicated billing system developed solely for this rate. Energy: KWH Consumption for fixtures shall he estimated using the following formula: • KWH=U i Wo se s ex 353 3 h tirs er n onth 1000 Non Fuel Energy 2.652WkWh Conservation Charge See Sheet No.8,030.1 Capacity Payment Charge See Sheet No.8.030.1 Environmental Charge Sec Sheet No.8.030.1 Fuel Charge See Shee(No,8.030.1 Storm Charge Sec Sheet No.8.040 • Franchise Fee Sea Sheet No 8.0.31 Tax Clause See Sheet No.8.031 During the initial installation period: Facilities in service for 15 days or less will not be billed; Facilities in service for 16 days or more will be billed for a full month. �LNIi• MONTFiT.Y 81[.I_ i The minimum monthly bill shall be the applicable Facilities Maintenance and Billing charges. (Continued on Sheet No.8.722) • Issued by: S.E.Romig,Director,Rates and Tariffs Effective: Apr'11 I,2014 • Seventh Revised Sheet No.8.722 FLORIDA POWER&LIGHT COMPANY Cancels Sixth Revised Sheet No.8.722 , (Continued from Sheet No.8.721) EARLY TERMINATION: Ifthc Customer no longer wishes.to receive service under this schedule,the Customer may terminate the Premium Lighting Agreement by giving nt least(90)ninety days advance written notice.to the Company. Upon early termination ofscrvice,the Customer shall pay an amount computed by applying the following Termination Factors to the installed cost of the facilities,based on the year in which the Agreement was,(emanated 7ltese,TerminationFactors will not apply to Customers who elected to pay for the faciiities'ur e tamp sum in " 1 rlie i bfamouthly.payment ' FPL may also charge the Customer for the cost to the utility for removing the facilities. Ten(101 Years Termination Twenty(201 Years Termination Payment Option Factor Payment Option Factor 1 1.1941 I 1.1941 2 1.0306 2 1.0831 3 0.9473 3 1.0563 4 0.8575 4 1.0275 5 0.7608 5 0.9965 6 0.6565 • 6 0.9630 7 0.5441 7 0.9269 8 0.4230 8 0.8880 9 0.2924 9 0.8461 10 0.1517 10 0.8009 >10 0.0000 11 0.7523 12 0.6998 • 13 0.6432 14. 0.5823 15 0.5166 16 0.4458 17 0.3695 18 0.2872 19 0.1985 20 0.1030 >20 0.0000 • WILLFUL DAMAGE: • L►the event of wlllfbl damage to these facilities,FPL tviit provide the initial repair of each installed item at its expense, Upon the second occurrence of willful damage,and subsequent occurrence to these FPL-owned facilities,the customer will be responsible for the cost for repair or replacement. RULES AND REGULATIONS: Service under this schedule is subject to orders of governmental bodies having jurisdiction and to the currently effective"General Rules and Regulations for Electrio Service"on file with the Florldn Public Service Commission. In ease of conflict between any provision of this schedule and said"General Rules and Regulations for Electric Service",the provision of this schedule shell apply. 1 Issued by: S.E.Romlg,Director,Rates and Tariffs Effective: January 2,2013 I - • I . t FPL.. PAYMENT COUPON /LI 115006401066800009572180010074460005314900 4,1,1500,640106,6800009572,1800100744,6,0005314900 Cyst.No.:6800009572 Inv.No.:1800100744 Please mall this portion with your check Payment Due Upon Amount Due 1800100744 1 of 1 Receipt This Invoice $53,149.00 • • Reference#D00006609063 CITY OF SUNNY ISLES BEACH 18070 COLLINS AVE Make check payable to FPL in USD and mail payments to address below SUNNY ISLES BEACH FL 33160 FPL General Mall Facility Miami FL 33188.0001 Florida Power 8 Light Company Federal Tax Id.#:59-0247775 Invoice - Customer Name and Address Customer Number: 6800009572 • Invoice Number: 1800100744 ' CITY OF SUNNY ISLES BEACH 18070 COLLINS AVE Invoice Date: 12/30/2015 SUNNY ISLES BEACH FL 33160 • • 4,1,1500,840106,6800009572,1800100744,8,0005314900 Please retain this portion for your records CURRENT CHARGES AND CREDITS • Customer No:6800009572 Invoice No:1800100744 • Description Amount WR#6609063 Job Cost-Lump Sum minus deposit$842. ' 53,149.00 • Reference#D00006609003 • For Inquiries Contact: Total Amount Due $53,149.00 MARCOS TOUR 305-770-7929 Payment Due Upon Receipt • RECEIVED PAYABLE APPROVAL • DATE: J INV AMT: O °5 AN 112016 ACCT#:; city of Sunny 1.:12S iS;'ccii APPROVED: 2'0003 Works Dvf fti.13E PO/CONT# ' I •• 1800100744 1 of 1 • Fse4"15FS City of Sunny Isles Beach ti -; 18070 Collins Avenue x :r_ ; Sunny Isles Beach, Florida 33160 � t 's•,°9,,, ,'V°PS,,.` (305)947-0606 City Hall e FLO cq'v QF 5P' "°'* (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Christopher J. Russo, City Manager DATE: 1/21/2016 Approving an Premium Lighting Agreement with Florida RE' Power and Light for the Golden Shores Area RECOMMENDATION: This Resolution is presented for your consideration. REASONS: The City has continuously experienced problems with lighting in the Golden Shores area, and is in need of lighting improvements.As part of the Capital Project within the Golden Shores residential neighborhood, the City wishes to have LED lighting facilities installed or modified. Florida Power and Light has submitted a proposal for the installation or modification of Premium Lighting Facilities within the Golden Shores neighborhood, in an amount not to exceed $53,991.00. FUNDING SOURCE: This project will be funded through Account No. 300-5-5390-465000- 80004 (FPL Undergrounding Project). ATTACHMENTS: Description Resolution Agreement Item Number: 10.K. 435