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Home My Public Portal About2022-22 Approving an LED Lighting agreement with FPL Company for the installation of the East Enid Drive street lighting projectR E SO L U T IO N N O . 2022-22 A C A P IT A L PR O JE C T A U T H O RI Z IN G RE SO L U T IO N O F T H E V IL L A G E C O U N C IL O F T H E V IL L A G E O F K EY B ISC A Y N E , FL O RI D A , A P P R O V IN G A N L E D LIG H TIN G A G RE E M E N T W IT H T H E FL O RI D A PO W E R & LIG H T C O M P A N Y F O R T H E IN ST A L L A TIO N O F TH E EA ST E N ID D RI V E ST RE E T L IG H T IN G PR O JE CT IN AN A M O U N T N O T T O E X C E E D $20,000.00 AN D FO R M A IN T E N A N C E , E N E R G Y , A N D O T H ER RE L A T ED SE R V IC E S F O R T H E LIG H T IN G PO L E S IN AN AM O U N T N O T T O E X C E E D $685.00 PE R M O N T H ; W A IV IN G C O M P E T IT IV E B ID D IN G PR O C E D U RE S; PR O V ID IN G FO R A U T H O RI Z A T IO N ; A N D PR O V ID IN G FO R AN E F F E C T IV E D A T E . W H E R E A S, the V ill age of K ey B iscayne (the "V illage") desires to im plem ent the East Enid D rive Street Lighting Project, w hich incl udes the installation of 17 LE D Lights along the south side of East Enid D rive and 1 LE D light at the southeast corn er of Gra nd B ay Drive and C ra ndon B oulevard (the "Project"); and W H E RE A S, the Florida Pow er & Light C om pany ("FPL ") has agreed to install the Project fo r the V ill age in an am ount not to exceed $20,000.00 (the "Services") and to pro vide m aintenance, energy, and other related services fo r the lighting poles in an am ount not to exceed $685 per m onth (the "A dditional Services"); and W H E RE A S, the V illage has determ ined that it is in its best interest to contra ct with FPL to receive the Services fo r the Project and the A dditional Services fo r the lighting poles; and W H E RE A S, in accordance w ith Section 2-85 of the V illage C ode of Ordinances ("Code"), the V ill age C ouncil has determ ined that it is im pra ctical to apply com petitive bidding pro cedur es to contra ct fo r the Services and desires to w aive such pro cedur es; and W H E RE A S, the V illage C ouncil desires to enter into an LE D lighting agreem ent w ith FPL in substantially the fo rm attached hereto as E xhibit "A " (the "A greem ent") and authorize the Page I of3 V ill a g e M a n a g e r to ex e c u te a ll do cu m en ts n ecessary to receiv e th e Services fo r the P roject an d the A d d itio n a l S e rv ic e s; a n d W H ERE A S, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. N O W , TH ERE F O RE , BE IT RE SOLV ED BY TH E V ILLA GE CO U N C IL OF TH E V ILLA GE OF K EY B ISC A Y N E , FL O RI D A , A S FO LLO W S: Section 1. R ecitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. A pproval. That the Village Council approves the Agreement with FPL in substantially the form attached hereto as Exhibit "A." Section 3. A uthorization. That the Village Manager is hereby authorized to execute the Agreement attached hereto as Exhibit "A" with the FPL to receive the Services for the Project in an amount not to exceed $20,000 and the Additional Services for the lighting poles in an amount not to exceed $685 per month, subject to approval by the Village Attorney as to form, content, and legal sufficiency. Section 4. adoption. PASSED and ADOPTED this~ day of M_a..,_y , 2022. Effective D ate. That this Resolution shall be effective immediately upon ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY Page 3 of3 - FPL FPL Account Number: 263562480 FPL Work Request Number: _ LED LIGHTING AGREEMENT In accordance with the following terms and conditions, Village of Key Biscayne (hereinafter called the Customer), requests on this 12th day of April, 2022, from FLORIDA POWER & LIGHT COMPANY (hereinafter called FPL), a corporation organized and existing under the laws of the State of Florida, the following installation or modification of lighting facilities at (general boundaries) V/O Enid Drive, located in Village of Key Biscayne, Florida. (a) Installation and/or removal of FPL-owned facilities described as follows: Color # # Fixture Description (1) Watts Lumens Temperature Installed Removed Granville Black 58 7580 3000K 16 (1) Catalog of available fixtures and the assigned billing tier for each can be viewed at www.fpl.comAed - ~ - +-' ..c ..c >< w Pole Description # # Installed Removed Washington (Black) 16 (b) Installation and/or removal of FPL-owned additional lighting facilities where a cost estimate for these facilities will be determined based on the job scope, and the Additional Lighting Charges factor applied to determine the monthly rate. (c) Modification to existing facilities other than described above or additional notes (explain fully): Install 16 x 58w Granville 3000K Black fixtures on 16 x 18.5ft Black Washington Poles. Customer is responsible for any restoration required. - ~ - +-' ..c ..c >< w 2 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 lighting facilities described and identified above (hereinafter called the Lighting System), furnish to the Customer theelectric energy necessary for the operation of the Lighting System. and furnish such other services as are specified in this Agreement.all in accordance with the terms of FPL's currently effective lighting rate schedule on file at the Florida Public Service Commission (FPSC)or any successive lighting rate schedule approved by the FPSC. THE CUSTOMER AGREES: 2. To pay a monthly fee for fixtures and poles in accordance to the Lighting tariff, and additional lighting charge in the amount of $94.42 These charges may be adjusted subject to review and approval by the FPSC. 3. To pay Contribution in Aid of Construction (CIAC) in the amount of $16,300.93 prior to FPL"s initiating the requested installation or modification. 4. To pay the monthly maintenance and energy charges in accordance to the Lighting tariff. These charges may be adjusted subject to reviewand approval by the FPSC. 5. To purchase from FPL all the electric energy used for the operation of the Lighting System. 6. To be responsible for paying, when due. all bills rendered by FPL pursuant to FPL's currently effective lighting rate schedule on file at the FPSC or any successive lighting rate schedule approved by the FPSC, for facilities and service provided in accordance with this agreement. 9. 7. To provide access. suitable construction drawings showing the location of existing and proposed structures, and appropriate plats necessaryfor planning the design and completing the construction of FPL facilities associated with the Lighting System. 8. To have sole responsibility to ensure lighting, poles, luminaires and fixtures are in compliance with any applicable municipal or county ordinances governing the size, wattage, lumens or general aesthetics. For new FPL-owned lighting systems. to provide final grading to specifications, perform any clearing if needed, compacting, removal ofstumps or other obstructions that conflict with construction, identification of all non-FPL underground facilities within or near pole or trenchlocations, drainage of rights-of-way or good and sufficient easements required by FPL to accommodate the lighting facilities. 10. For FPL-owned fixtures on customer-owned systems: a. To perform repairs or correct code violations on their existing lighting infrastructure. Notification to FPL is required once site is ready. b. To repair or replace their electrical infrastructure in order to provide service to the Lighting System for daily operations or in a catastrophic event. c. In the event the light is not operating correctly, Customer agrees to check voltage at the service point feeding the lighting circuit prior to submitting the request for FPL to repair the fixture. - - ~ - .0 ..c >< w IT IS MUTU ALLY AGREED THAT: 11. Modifications to the facilities provided by FPL under this agreement. other than for maintenance, may only be made through the execution of an additional lighting agreement delineating the modifications to be accomplished. Modification of FPL lighting facilities isdefined as the following: a. the addition of lighting facilities: b. the removal of lighting facilities; and c. the removal of 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 lighting rate schedule on file at the FPSC, or any successive schedule approved by the FPSC. 12. FPL will, at the request of the Customer, relocate the lighting facilities covered by this agreement, if provided sufficient rights-of-way or easements to do so and locations requested are consistent with clear zone right-of-way setback requirements. The Customer shall be responsible for the payment of all costs associated with any such Customer- requested relocation of FPL lighting facilities. Paymentshall be made by the Customer in advance of any relocation. Lighting facilities will only be installed in locations that meet all applicable clear zone right-of-way setback requirements. 13. FPL may, at any time, substitute for any fixture installed hereunder another equivalent fixture which shall be of similar illuminating capacity and efficiency. 3 14. 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 ten (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. 15. In the event lighting facilities covered by this agreement are removed, either at the request of the Customer or through termination orbreach of this Agreement, the Customer shall be responsible for paying to FPL an amount equal to the original installed cost of thefacilities provided by FPL under this agreement less any salvage value and any depreciation (based on current depreciation ratesapproved by the FPSC) plus removal cost. 16. Should the Customer fail to pay any bills due and rendered pursuant to this agreement or 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 supplyelectric 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 ofthe obligation to perform any of the terms and conditions of this Agreement. 17. The obligation to furnish 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 furnish service if it is prevented from complying with this Agreementby 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. 18. 19. 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. In the event of the sale of the real property upon which the facilities are installed, upon the written consent of FPL, this Agreement may be assigned by the Customer to the Purchaser. No assignment shall relieve the Customer from its obligations hereunder until such obligations _Q have been assumed by the assignee and agreed to by FPL. 20. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Customer and FPL. - - ~ - ....., 21. The lighting facilities shall remain the property of FPL in perpetuity. ..c >< w 22. This Agreement is subject to FPL's Electric Tariff, including, but not limited to, the General Rules and Regulations for Electric Service andthe Rules of the FPSC, as they are now 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: Village of Key Biscayne Customer (Print or type name of Organization) By: _ Signature (Authorized Representative) (Print or type name) Title: _ FLORIDA POWER & LIGHT COMPANY By:------------------ (Signature) Ariel 0. Lazo (Print or type name) Title: FPL LED Lighting Consultant 4