HomeMy WebLinkAboutReso 2011-1702
RESOLUTION NO. 2011- I10"Z.,
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING A
STREET LIGHTING AGREEMENT WITH FLORIDA POWER
AND LIGHT (FPL) FOR THE REMOVAL OF TWENTY-SIX
(26) CONCRETE STREETLIGHT POLES AND TWENTY-
SEVEN (27) LIGHT FIXTURES WITHIN THE CENTRAL
ISLAND AREA, IN AN AMOUNT NOT TO EXCEED
TWENTY-NINE THOUSAND FOUR HUNDRED EIGHTY-
SEVEN DOLLARS AND FIFTEEN CENTS ($29,487.15),
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City had continuously experienced problems with flooding in the
Central Island area, and was in need of engineering services for drainage improvements in the
Central Island area; and
WHEREAS, as part of the roadway improvement project within the Central Island
neighborhood, the City of Sunny Isles Beach has installed decorative pole lighting with the
expectation that the older FPL concrete pole and light fixtures would be removed; and
WHEREAS, Florida Power and Light has submitted a proposal for the removal of
twenty-six (26) concrete streetlight poles and twenty-seven (27) light fixtures within the Central
Island area, in the amount of Twenty-Nine Thousand Four Hundred Eighty-Seven Dollars and
Fifteen Cents ($29,487.15), attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Street Lighting Agreement. The Street Lighting Agreement with
Florida Power and Light (FPL), for the removal of twenty-six (26) concrete streetlight poles and
twenty-seven (27) light fixtures within the Central Island area, in the amount of Twenty-Nine
Thousand Four Hundred Eighty-Seven Dollars and Fifteen Cents ($29,487.15), attached hereto as
Exhibit "A," be, and the same, is hereby approved.
Section 2. Authorization of Mayor. The Mayor IS hereby authorized to execute said
Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 21st day of April 2011.
R2011- FPL Streetlighting Agmt Central Island Area Page I of2
ATTEST:
~A~
Jane A. Hines, CMC, City Clerk
AS TO FORM AND
E IENCY
V ofe: S-C)
Mayor Ede1cup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
v (Yes)
-/..L- (Yes)
\./"" (Yes)
/(Yes)
./ (Yes)
R2011- FPL Streetlighting Agmt Central Island Area Page 2 of2
Moved by: v:. Gt m~;T;AL1R.
Seconded by: (\~;~ ~\1oLL
_(No)
_(No)
_(No)
_(No)
_(No)
c
, .
F=PL
FPL Account Number: 94098-53414
FPL Work Order Number. 3688474
STREET LIGHTING AGREEMENT
In accordance with the following terms and conditions, CITY OF SUNNY ISLES BEACH hereinafter called the Customer), requests
on this 6111 day of Januarv. 2011 , from FLORIDA POWER & LIGHT COMPANY (hereinafter called FPL), a corporation organized and existin~nder
the laws of the State of Florida, the following installation or modification of street lighting facilities at (general boundaries) Collins Ave & & 183 ST,
located in Sunnv Isles/Miami-Dade, Florida.
(city/county)
(a) Installation and/or removal of FPL-owned facilities described as follows:
Fixture Rating
(in Lumens)
Liqhts Installed
Fixture Type
# Installed
Fixture Rating
lin Lumens)
9,500
Liqhts Removed
Fixture Type
# Removed
SCH
27
Poles Installed Poles Removed Conductors Installed Conductors Removed
Pole T ype # Installed Pole Type # Removed
~ II Concrete ~~ Feet not Under Paving 3046 Feet not Under Paving
Feet Under Paving Feet Under Paving
(b) Modification to existing facilities other than described above (explain fully):_
That, for and in consideration of the covenants set forth herein, the parties hereto covenant and agree as follows:
FPL AGREES:
1. To install or modify the street lighting facilities described and identified above (hereinafter called the Street Lighting System), fumish to the
Customer the electric energy necessary for the operation of the Street Lighting System, and fumish such other services as are specified in this
Agreement, all in accordance with the terms of FPL's currently effective street lighting rate schedule on file at the Florida Public Service
Commission (FPSC) or any successive street lighting rate schedule approved by the FPSC.
THE CUSTOMER AGREES:
2. To pay a contribution in the amount of $29.487.15 prior to FPL's initiating the requested installation or modification.
3. To purchase from FPL all of the electric energy used for the operation of the Street Lighting System.
4. To be responsible for paying, when due, all bills rendered by FPL pursuant to FPL's currently effective street lighting rate schedule on file at the
FPSC or any successive street lighting rate schedule approved by the FPSC, for facilities and service provided in accordance with this
agreement.
5. To provide access, final grading and, when requested, good and sufficient easements, suitable construction drawings showing the location 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 Street Lighting System.
6. To perform any clearing, compacting, removal of stumps or other obstructions that conflict with construction, and drainage of rights-of-way or
easements required by FPL to accommodate the street lighting facilities.
Exhibit "A"
Page 1 of2
IT IS MUTUALLY AGREED THAT:
7. Modifications to the facilities provided by FPL under this agreement, other than for maintenance, may only be made through the execution of
an additional street lighting agreement delineating the modifications to be accomplished. Modification of FPL street lighting facilities is defined
as the following:
a. the addition of street lighting facilities:
b. the removal of street lighting facilities; and
c. the removal of street lighting facilities and the replacement of such facilities with new facilities and/or additional facilities.
Modifications will be subject to the costs identified in FPL's currently effective street lighting rate schedule on file at the FPSC, or any
successive schedule approved by the FPSC.
8. FPL will, at the request of the Customer, relocate the street 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 street lighting facilities. Payment shall be made by the Customer in advance of any relocation.
9. FPL may, at any time, substitute for any luminairellamp installed hereunder another luminaire/lamp which shall be of at least equal illuminating
capacity and efficiency.
10. This Agreement shall be for a term of ten (10) years from the date of initiation of service, and, except as provided below, shall extend thereafter
for further successive periods of five (5) years from the expiration of the initial ten (10) year term or from the expiration of any extension thereof.
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.
This Agreement shall be extended automatically beyond the initial the (10) year term or any extension thereof, unless either party shall have
given written notice to the other of its desire to terminate this Agreement. The written notice shall be by certified mail and shall be given not
less than ninety (90) days before the expiration of the initial ten (10) year term, or any extension thereof.
11. In the event street lighting facilities covered by this agreement are removed, either at the request of the Customer or through termination or
breach of this Agreement, the Customer shall be responsible for paying to FPL an amount equal to the original installed cost of the facilities
provided by FPL under this agreement less any salvage value and any depreciation (based on current depreciation rates as approved by the
FPSC) plus removal cost. .
12. Should the Customer fail to pay any bills due and rendered pursuant to this agreement of otherwise fail 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 and 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 it relieve the Customer of the obligation to perform any of
the terms and conditions of this Agreement.
13. The obligation to fumish or purchase service shall be excused at any time that either party is prevented 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 FPL shall not have the obligation to fumish service if it is prevented from complying with this Agreement by reason of any
partial, temporary or 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.
14. This Agreement supersedes all previous 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. This 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 parties.
15. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL.
16. 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 written, or as they may be hereafter revised, amended 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.
IN WITNESS WHEREOF, the parties hereby caused this Agreement to be executed in triplicate by their duly authorized representatives to
be effective as of the day and year first written above.
Charges and Terms Accepted:
CITY OF SUNNY ISLES BEACH
Customer (Print or type name of Organization)
B~1)1MJj4dda./
/ Signature (Authorized Representative)
(Print or type name)
FLORIDA POWER & LIGHT COMPANY
By:
(Signature)
Ana C Abaunza
(Print or type name)
_Title:
__ Title: Construction Services Representative
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Page 1 of 1
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Giovanni Batista, Director of Public Works
DATE:
4/21/2011
RE:
Approval of an FPL Streetlighting Agreement for the removal of FPL
concrete streetlight poles and fixtures within the Central Island area.
RECOMMENDATION:
Commission approve an Agreement with Florida Power and Light (FPL) for the removal
of twenty-six (26) concrete streetlight poles and twenty-seven (27) light fixutures within
the Central Island area in an amount Not To Exceed $29,487.15.
REASONS:
As part of the roadway improvement project within the Central Island neighborhood, the
City has installed decorative pole lighting with the expectation that the older FPL
concrete pole and light fixtures would be removed. In order for FPL to remove the
concrete poles and fixtures, the City is required to enter into a Street Lighting Agreement
with FPL.
ATTACHMENTS:
. Resolution
. FPL Agreement Form
. FPL Removal Print
Agenda Item
l ()1)
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Date
http://sibagenda. sibfl.net/agenda/Preview.aspx?I temID=480&MeetingID=1