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Resolution 2018-30313RESOLUTION NO. 2018 - 30313 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE CITY MANAGER'S RECOMMENDATION AND WAIVING, BY 517TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER TO,' EXtCUTE AN AGREEMENT WITH FLORIDA POWER AND LIGHT COMPANY, (FPL) FOR THE CONVERSION OF EXISTING FPL STREET LIGHTS TO LOW EMITTING DIODE (LED) LIGHTING AND TO INSTALL ADDITIONAL LED LIGHTS AS MAY BE NEEDED,. AT A RATE INCREASE OF $27,088.68, ANNUALLY, OVER THE EXISTING FPL RATES, WITH NO CAPITAL OUTLAY REQUIRED FROM THE CITY TO PAY FOR THE CONVERSION, FOR THE PURPOSES OF IMPROVING THE LIGHTING OF THE CITY'S RIGHT -OF -WAY'S (ROW'S), REDUCING ENERGY CONSUMPTION AND ENHANCING PUBLIC SAFETY. WHEREAS, the City executed resolution 2012 -3754 providing Florida Power and Light Company, (FPL) a franchise agreement providing for the payment of fees to the City in exchange for the non- exclusive right and privilege of supplying electricity and other electricity- related services within the City of Miami Beach free of competition from the City of Miami Beach, pursuant to certain terms and conditions; and WHEREAS, FPL is the exclusively authorized agent to replace (remove existing and replace with new) lighting fixtures installed on FPL light poles; and WHEREAS, the Police Department approached the Public Works Department to upgrade the lighting within the Entertainment District of the City as crime prevention measures; and WHEREAS, in 2017 the previously existing FPL along Ocean Drive and Collins Court from 5th Street to Espanola Way were converted to Low Emitting Diode (LED) lights; and WHEREAS, the Police Department believes the use of the new lights has proven successful in deterring criminal activity on those streets where the LED lighting has been installed; and WHEREAS, there are approximately 7,200 City owned and operated street lights and approximately 1,600 street lights which are owned by FPL and mounted on FPL poles; and WHEREAS, the Public Works Department has approached FPL to convert all of the remaining existing High Pressure Sodium (HPS) lights citywide to LED lights; and WHEREAS, FPL owns the existing poles upon which no other party may install lights, it is not feasible to competitively bid the upgrade of the street lights; and WHEREAS, FPL has provided an agreement to accomplish this conversion with a cost estimate of an annual increase of $27,088.68 over the existing FPL rates and no capital outlay required by the City; and WHEREAS, after considering the Administration's review and analysis, the City Manager recommends that the Mayor and City Commission waive the competitive bidding requirement by a 5 /7ths vote, and approve this Resolution authorizing the City Manager to execute the Agreement authorizing FPL to complete the work of converting the existing citywide FPL lighting to LED lights in an effort to improve the street lighting on the City's ROW's, reducing energy consumption and enhancing public safety. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of Miami Beach, Florida, hereby accept the City Manager's recommendation and waive, by 5 /7th vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City, and authorize City Manager to execute the agreement with Florida Power and Light (FPL), at a rate increase of $27,088.68, annually, and no out front capital outlay required by the City to pay for the conversion, for the purposes of improving the lighting on the City's ROW's, reducing energy consumption and enhancing public safety, PASSED AND ADOPTED this / (v day of /27 , 2018. ATTEST: Raf el an do, ity Ierk APPROVED AS TO FORM & LANGUAGE & FOR EXE TION Z--)/ City Attor Date M Atv BEACH Resolutions - R7 P COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: May 16, 2018 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE CITY MANAGER'S RECOMMENDATION AND WAIVING, BY 5 /7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FLORIDA POWER AND LIGHT COMPANY, (FPL) FOR THE CONVERSION OF EXISTING FPL STREET LIGHTS TO LOW EMITTING DIODE (LED) LIGHTING AND TO INSTALL ADDITIONAL LED LIGHTS AS MAY BE NEEDED, AT A RATE INCREASE OF $27,088.68, ANNUALLY, OVER THE EXISTING FPL RATES, WITH NO CAPITAL OUTLAY REQUIRED FROM THE CITY TO PAY FOR THE CONVERSION, FOR THE PURPOSES OF IMPROVING THE LIGHTING OF THE CITY'S RIGHT -OF -WAY'S (ROW'S), REDUCING ENERGY CONSUMPTION AND ENHANCING PUBLIC SAFETY. ANALYSIS The City executed Resolution 2012 -3754 providing Florida Power and Light Company (FPL) a franchise agreement providing for the payment of fees to the City in exchange for the non - exclusive right and privilege of supplying electricity and other electricity - related services within the City of Miami Beach free of competition from the City of Miami Beach, pursuant to certain terms and conditions. Currently FPL provides street lighting throughout the City primarily in alleys. Pursuant to the franchise agreement, the City may request FPL to remove and replace lights with newer technology to meet the needs of the residents, including installing lights that would assist the Police Department in crime prevention measures. The existing FPL lights along Ocean Court and Collins Court from 5th Street to Espanola Way were converted to Low Emitting Diode (LED) lights recently. The use of the new lights has been a tremendous success in deterring criminal activity on those streets where the new LED lighting has been installed, and residents from other areas are also requesting for improved lighting to be installed in their neighborhoods. There are approximately 7,200 City owned and operated street lights and approximately 1,600 street lights which are owned by FPL and mounted on FPL poles. The Public Works Department has approached FPL to convert all of the remaining FPL owned existing High Pressure Sodium (HPS) lights with an equivalent LED. The Public Works Department recommends this conversion that will provide improved lighting citywide, an estimated reduction of power consumption by 538,824 kWh / year, and the elimination of Page 1659 of 1842 approximately 379 metric tons of carbon dioxide per year, which is equivalent to removing 81 cars from the road. As per FPL's estimates for the completion of the LED Lighting Plan, the monthly rates would increase by $2,257.39 over the existing rates for a total of $27,088.68 annually. No capital outlay is required from the City to pay for the conversion. FPL estimates construction is scheduled to start approximately six months after the execution of the agreement and the installation will take between six months to a year. CONCLUSION The Administration recommends the approval of the resolution to waiving competitive bidding and authorize the City Manager to execute an agreement with FPL for the conversion of existing FPL street lights to LED lights and to install additional lights as needed in an effort to improve street lighting on the City's ROW's, reduce energy consumption and enhance public safety. Legislative Tracking Public Works ATTACHMENTS: Description a Form Approved Resolution a Form Approved LED Lighting Agreement a Post Top - City of Miami Beach LT -1 Price Comparison 4 -16 -18 a Roadway - City of Miami Beach LT -1 Price Comparison 4 -16.18 Page 1660 of 1842 LED LIGHTING AGREEMENT FPL Account Number: 456278399 FPL Work Request Number: In accordance with the following terms and conditions, City of Miami Beach (hereinafter called the Customer), requests on this 16 day of April, 2018 , 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) city wide, located in Miami Beaob, Florida, (a) Installation and/or removal of FPL -owned facilities described as follows: Pole's Pole Type Existing Pole Count (A) f# installed (8) # Removed (C) New Pole Count (A+B C) Wood N/A(1) Standard Concrete Standard Fiberglass Decorative Concrete Decorative Fiberglass Under' round Conductor Type Existing Footage (A) Feet installed (8) Feet Removed (C) New Footage (A+B -C) Under Pavement N/A(1) Not Under Pavement (1) AJI new conductor installed is In conduit and billed as Not Under Pavement Pagel'°it6 of 1842 (2) Catalog of available fixtures and the assigned billing tier for each can be viewed at www.fpl.com /partner /buildersAlght]ng.html PagepT664 of 1842 Fixtures (2) Type (HPSV,MV,LED) Manufacturer Watts Lumens Color Temperature (LED Only) Style Existing Fixture Count (A) # Installed (8) # Removed (C) New Fixture Count (A +B -C) HPSV 70 Roadway 552 0 552 0 LED Cree 41 5000 4000K RSW 0 552 0 552 HPSV 100 Roadway 187 0 187 0 LED AEL 76 8653 4000K ATBS 0 187 0 187 HPSV 150 Roadway 216 0 216 0 LED Cree 102 10882 4000K XSP2 0 216 0 216 HPSV 200 Roadway 377 0 377 0 LED Cree 139 13434 4000K XSP2 0 377 0 377 HPSV 400 Roadway 85 0 85 0 LED AEL 274 29567 4000K ATB2 0 85 0 85 MV 140 Roadway 1 0 1 0 LED Cree 102 10882 4000K XSP2 0 1 0 1 MV 175 Roadway 4 0 4 0 LED AEL 138 15015 4000K ATB2 0 4 0 4 MV 400 Roadway 7 0 7 0 LED AEL 274 29567 4000K ATB2 0 7 0 7 HPSV 100 Post Top Traditional 35 0 35 0 LED AEL 73 5962 4000K American Revolution 0 35 0 35 HPSV 250 Post Top Traditional 00 0 90 0 LED Holophane 60 7076 3000K Granville 0 90 0 90 HPSV 250 Post Top Traditional 0 0 0 0 LED Holophane 60 7076 3000K Granville 0 90 0 90 (2) Catalog of available fixtures and the assigned billing tier for each can be viewed at www.fpl.com /partner /buildersAlght]ng.html PagepT664 of 1842 (b) Modification to existing facilities other than described above (explain fully): The existing 250 Watt Post Top Traditional lights are each being replaced with two 60 watt Granvilles on a double bracket. 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 the electric 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 contribution in the amount of $0.00 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 Lighting System. 4. 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. 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 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 lighting facilities. IT IS MUTUALLY AGREED THAT: 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 is defined 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. 8, Lighting facilities will only be installed in locations that meet all applicable clear zone right -of -way setback requirements, 9. FPL will, at the request of the Customer, relocate the lighting facilities covered by this agreement, if provided sufficient right -of -ways 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. Payment shall be made by the Customer in advance of any relocation. 10, FPL may, at any time, substitute for any luminaire installed hereunder another luminaire which shall be of at least equal illuminating capacity and efficiency. 11. 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, Page "M5 of 1842 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 mall and shall be given not less than ninety (90) days before the expiration of the initial ten (10) year term, or any extension thereof. 12. In the event 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 fixture, pole, and conductor charges for the period remaining on the currently active term of service plus the cost to remove the facilities. 13, 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 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. 14. 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 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. 15. 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. 16. 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 have been assumed by the assignee and agreed to by FPL. 17, This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL. 18, The lighting facilities shall remain the property of FPL in perpetuity. 19, 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 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 Miami Beach FLORIDA POWER & LIGHT COMPANY Customer (Print or type name of Organization) By: By: Signature (Authorized Representative) (Print or type name) (Signature) Francisco J. Arbide (Print or type name) Title: Title: Business Development Manager Page X666 of 1842 APPROVED AS TO FORM & LANGUAGE & FOR EXE9 TION 1' Date Miami Beach (V. Lt Post Top Traditional Quantity: 35 Conversion: Yes Full/Hybrid: Full Post Top Traditional Quantity: 90 Conversion: Yes Full/Hybrid: Full ..r.44N4MC, mak‘ •,g3''IXX,YA;r°_,r.:VPt;::?gslei,k4efkr,„eAi,UiV.f,Ct`,; eIecflon select fxture: SL1 - HPS0100 American Rev 73 Watt 4000K select2ole: Fixt rek $ 141.40 Polo 192.15 Maintenance $ 66.50 $ 61.60 Enemy** S 94.03 59.73 Total $ 301.93 $ 313.48 Iect fixture: select pole: Fixture* $ 572.40 SL1 - HPS0250 Pole Maintenance $ 221.40 158.40 Energy** 822.25 122.53 Granville 60 Watt 3000K Black / Black 1,304.10 Total $ 1,616.05 $ 1,585.03 * Includes fixture fee and $.98 monthly conversion fee ** Includes Non-fuel Energy Charge, Fuel, Conservation, Capacity, Environmental, and Storm charges Sales tax and franchise fees not included Page 1667 of 1842 3 Post Top Traditional 700-4-70 seect fixturo: select pole: Fixture* $ _ Quantity: 90 Pole Conversion: No Maintenance S Full/Hybrid: Full Enerq ** $ Total $ None Granville 60 Watt 3000K Black / Black 1,215.00 158.40 122.53 1,495.93 I ,_______ ___ _ — -- TOTAL 215 $ 1,917.99 1$ 3,394.441 * Includes fixture fee and $.98 monthly conversion fee ** Includes Non-fuel Energy Charge, Fuel, Conservation, Capacity, Environmental, and Storm charges Sales tax and franchise fees not included Page 1668 of 1842 g n WHa Bush Roadway e(:.t fixture: s.lect pole: .._.._�..�_..w.F i xt Quantity: 552,. .moo.tale Conversion: Yes Nlaintenanc Full /Hybrid: Full Energy * "" Tatal $ ixture: Roadway elect de: Fixture* Quantity 187 Conversion: Yes I a ntenance Full /Hybrid: Full Energy *" Total $ SL1 - HPS0070 2,191.44 1,043.28 1,049.65 4,284.37 $ SL1 - HPS0100 755.48 RSW 41 Watt 4000K 3,030.48 971.52 501.02 4,503.02 ATBS 76 Watt 1,026.63 355.30 ,..,,.,w- ...,...,w 329712 502.41 1,613.19 j $ * Includes fixture fee and $.98 monthly conversion fee ** Includes Non -fuel Energy Charge, Fuel, Conservation, Capacity, Environmental, and Storm charges Sales tax and franchise fees not included Page 1669 of 1842 325.90 1,681.65 Roadway Quantity: 216 Conversion: Yes Full /Hybrid: Full Roadway Quantity: 377 Conversion Yes Full /Hybrid Full 5 Roadway .,.Quantity: 85 Conversion: Yes_ �� Full /Hybrid: Full ct fixture: SL1 - HPS0150 loot: pole; Fixture* $ 898.56 Pole XSP2 102 Watt 1,833.84 rintenant e $ 416.88 $ 380.16 kror��v n�*�" ��_.�_��.,..��. 850.09m M.,.......,_., �. ,�.,.�w�...�.,�...�......�,..�. Tot al ( $ 2,165.53 f $ elect fixture: SL1 - HPS0200 lest fixture s eot role: Fixture* Fo intenance Energy": 2,375.10 923.65 2,175.62 5,474.37 $ SL1 - HPSO400 569.50 $ 226.95 806.79 1,603.24 $ 497.96 2,711.96 XSP2 139 Watt 3,200.73 663.52 1,197.63 5,061.88 ATB2 274 Watt, Gray * Includes fixture fee and $.98 monthly conversion fee ** Includes Non -fuel Energy Charge, Fuel, Conservation, Capacity, Environmental, and Storm charges Sales tax and franchise fees not included Page 1670 of 1842 1,231.65- 149.60 533.88 1,915.13 Roadway Quantity: 1 Conversion: Yes Full/Hybrid: Full 'atifbeidaf 7 Roadway Quantity: 4 Conversion: Yes Full/Hybrid: Full Roadway Quantity: 7 Conversion: Yes Full/Hybrid: Full "MUL 14 4.• z'Aar4.44,V,0r-ie," 41140`,4req ---o0 • -.t.OWS-EaVV;irq, select fixture: SL1 - MV0140 -elect polc, Fixture* $ 3.13 Pole Maintenance $ 1.70 Energy** $ 4.07 XSP2 102 Watt 8.49 1.76 2.31 Total $ 8.90 $ 12.56 select fixture: select pole: Hxture* $ 12.72 $ SL1 - MV0175 Pole. ATB2 138 Watt, Black 33.96 Maintenance $ 6.80 $ 7.04 Enemy** $ 2021 $ 12.56 Total $ 39.73 $ elect fixture: select pole: SL1 - IVIV0400 Fixture* $ 36.96 Pole Maintenance $ 16.80 Energ $ 73.44 53.56 ATB2 274 Watt, Gray 101.43 12.32 43.97 Total $ 127.20 $ 157.72 1$ 15,316.53] $ 16,097.4i7 * Includes fixture fee and $.98 monthly conversion fee ** Includes Non-fuel Energy Charge, Fuel, Conservation, Capacity, Environmental, and Storm charges Sales tax and franchise fees not included Page 1671 of 1842