2016-29577 Reso RESOLUTION NO. 2016-29577
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 CITY MANAGER TO EXECUTE TWO
AGREEMENTS WITH FLORIDA POWER AND LIGHT (FPL). AT A
TOTAL COST OF $52,579.27, TO UPGRADE AND ENHANCE THE
STREET LIGHTING ON OCEAN COURT, BETWEEN 5TH AND
15TH STREETS, FOR THE PURPOSES OF ASSISTING THE
POLICE DEPARTMENT WITH ITS CRIME DETERRENCE
EFFORTS.
WHEREAS, FPL owns and maintains the street lighting system currently installed on
Ocean Court, between 5th and 15th Streets; 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 has approached the Public Works Department to
upgrade the lighting along the adjacent streets, and the City replaced the existing cobra style street
lights on the streets perpendicular to Ocean Drive with new 400 watt LED fixtures; 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, to expand these crime deterrence efforts, the Police Department has
recommended that similar action be taken for Ocean Court, from 5th Street to 15th Street; and
WHEREAS, the existing lights are owned by FPL and mounted on FPL poles; and
WHEREAS, FPL has identified that two steps need to be taken in order to implement the
new lighting program: (1) 25 existing fixtures need to be removed from Ocean Court; and (2) 35
new 168 watt LED cobra light fixtures need to be installed; and
WHEREAS, as 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 two (2) separate agreements to accomplish these tasks with
corresponding cost estimates: with the removal will cost $14,521.27, and the installation of the new
lighting will cost $38,058; 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 Agreements
authorizing FPL to complete the work of upgrading the street light along Ocean Court in an effort to
enhance 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 two agreements with Florida Power and Light (FPL). at a
total cost of $52,579.27, to upgrade and enhance the street lighting on Ocean Court, between 5th
and 15th Streets, for the purposes of assisting the Police Department with its crime deterrence
efforts.
PASSED AND ADOPTED this 1-1 day of September, 2016.
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ATTEST: Philip L-; �- '''ayor
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fael E. Granado, Cit CI .. .tv"‘II"''I
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-; �'• APPROVED AS TO
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T:WGENDA\2016\September\Public Works\September 29\FPL Sole Source Lighting 5 to 15 and Ocean Court Resolution..docx
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FPL Account Number:04562-78399
• ' FPL Work Order Number:7223933 '- - . -- -•
PREMIUM LIGHTING AGREEMENT
In accordance with the following terms and conditions,City of Miami Beach(hereinafter called the Customer),requests -
on this 21St day of September,2016,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 premium lighting,facilities at(general boundaries)V/O Ocean Ct, .
located in Miami Beach/Dade,Florida. ` ' - -. • - _ •
(city/county) - _ - ,,
(a) Installation and/or removal of FPL-owned facilities described as follows. _ .
Lights Installed Lights Removed
Fixture Rating Fixture Type :;,., .., •.#Installed Fixture Rating i,, • ,• Fixture Type. #Removed
(in Lumens) . • (in Lumens)
• 13,290 •free 168W LED 35 - •
•
.. • ; . ., r,,1
_ -
Poles Installed Poles Removed
Pole Type #Installed Pole Type - #Removed • , . - , . . •,Fr ._, • .: ._ -
(b) Modification to existing facilities other than described above(explain fully):N/A ,
• Total work order cost'is$31,872:00 ;1'7 -, - -∎ ' . . ._ ..
That,for and in cohsiderationof the:covenants setforih herein,the parties hereto covenant and agree as follows:
FPL AGREES:. -. :•., ':I . r :• ;rL f: : _. ,
1. To install or modify the premium lighting facilities described and identified above--(hereinafter calledf the Premium Lighting System),furnish to the
Customer the electric energy,necessary for,the:operation'of the_Premiiim Lighting System,and furnish such other services as are specified in this
Agreement, all in accordance_with the terms of FPL's currently;effective Premium Lighting rate schedule on 7file,at the Florida 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 used'for the operation of the Premium Lighting-System:_- C ,-
. .. ... ......... ..... ............. . . . . .. ... ...... ... .. ::T..' ?S�i i.;L
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 facilities and service(provided in accordance with
'this-Agreement:.. :,1 • - H,,,':-,:••-, -
4. 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 hear pole or Trench locations, and appropriate
;Plats necessary for planning the design and'corripleting-the"construction'of.FPL facilities associated,with the Premium Lighting System.
5.' To:perform any;clearing;:compacting removal.of stumps:or other obstructions•that conflidt with construction;and drainage of rights-of-way or,
•easements required by FPL to accommodate the lighting:facilities." " ." • - ,.r' ` -,-, --
•
•
.
pap iof3
C
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 facilities is
defined as the following:
a. the addition of premium lighting facilities:
•
b. the removal of premium lighting facilities;and
c. the removal of premium 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 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 Customer, 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 luminaire/lamp installed hereunder another luminaire/lamp 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 execute 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$38.058.00 in advance of construction.
12. The monthly Maintenance Charge is$112.70.This charge may be adjusted subject to review and approval by the Florida Public Service
Commission.
13. The monthly Billing Charge is$N/A.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 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.
15. 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.
16. If the Customer no.longer wishes to receive service under this schedule,the Customer may terminate the Premium Lighting Agreement by
giving the Company at least(90)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,as stated in rate schedule PL-1,to the total work order cost of the facilities,based
on the year in which the Agreement was terminated.These Termination Factors will not apply to Customers who elected to pay for the facilities
in a lump sum in lieu of a monthly payment.At FPL's discretion,the Customer will be responsible for the cost to the utility of removing the
facilities.
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 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.
18. 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.
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 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.
Pagc 7 or 7
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)
(Signature)
(Print or type name) (Print or type name)
Title: Title:
•
•
Pag.3 of 3
PAYMENT COUPON
FPL /4115006400556800004087180011893630003805800
4,1,1500,640055,6800004087,1800118936,3,0003805800
Cost.No.:6800004087 Inv.No.:1800118936
Please mail this portion with your check Payment Due Upon Amount Due
1800118936 1 of 1 Receipt This Invoice
$38,058.00
CITY OF MIAMI BEACH
1700 CONVENTION CTR DR Make check payable to FPL in USD and mail payments to address below
MIAMI BEACH FL 33139
FPL
General Mail Facility
Miami FL 33188-0001
Florida Power 8 Light Company Federal Tax Id.#:59-0247775
Invoice
Customer Name and Address Customer Number:• 6800004087
Invoice Number: 1800118936
CITY OF MIAMI BEACH
1700 CONVENTION CTR DR Invoice Date: . 09/20/2016
MIAMI BEACH FL 33139
4,1,1500,640055,6800004087,1800118936,3,0003805800
Please retain this portion for your records
CURRENT CHARGES AND CREDITS
Customer No:6800004087 Invoice No: 1800118936
Description Amount
0 MIAMI BEACH ST LTS 38,058.00
For Inquiries Contact: Total Amount Due $38,058.00
CARLOS HENAO 305-377-6004 Payment Due Upon Receipt
•
1800118936 1 of 1
r
4°,
FPL
FPL Account Number.80778-19533
FPL Work Order Number:6116188
STREET LIGHTING AGREEMENT
In accordance with the following terms and conditions,City of Miami Beach(hereinafter called the Customer),requests on this 1"day of September,
2016,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 street lighting facilities at(general boundaries)Ocean Ct from 5th Street to Espanola Way,located
in Miami Beach,Florida.
(a) Installation and/or removal of FPL-owned facilities described as follows:
L ights Installed Lights Removed
Fixture Rating Fixture Type #Installed Fixture Rating Fixture Type #Removed
(in Lumens) __ (in Lumens)
63,000 Open Bottom 25
Poles Installed Poles Removed Conductors Installed Conductors Removed
Pole Type #Installed Pole Type #Removed
Feet not Under Paving Feet not Under Paving
. Feet Under Paving Feet Under Paving
(b) Modification to existing facilities other than described above(explain fully):No
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), furnish to the
Customer the electric energy necessary for the operation of the Street Lighting System,and furnish 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$0 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.
Page I of 2
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 luminaire/lamp 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 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.
13. 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.
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. 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.
16. This Agreement shall inure to the benefit of,and be binding upon the successors and assigns of the Customer and FPL.
17. 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) (Signature)
Carlos Henao
(Print or type name) (Print or type name)
Title: Title:Engineer II
Pups 2012
PAYMENT COUPON
FPL /4115006400556800004087180011894000001452127
4,1,1500,640055,6800004087,1800118940,0,0001452127 Cust.N0.:6800004087 Inv.No.:1800118940
• Please mail this portion with your check Payment Due Upon Amount Due
1800118940 1 of 1 Receipt This Invoice
$ 14,521.27
Reference#D00007223924
CITY OF MIAMI BEACH
1700 CONVENTION CTR DR Make check payable to FPL in USD and mail payments to address below
MIAMI BEACH FL 33139
FPL
General Mail Facility
. Miami FL 33188-0001
Florida Power&Light Company Federal Tax Id.#:59-0247775
Invoice
Customer Name and Address Customer Number: 6800004087
Invoice Number: 1800118940
CITY OF MIAMI BEACH
1700 CONVENTION CTR DR Invoice Date: 09/20/2016
MIAMI BEACH FL 33139
4,1,1500,6400556800004087,1800118940,00001452127
Please retain this portion for your records
CURRENT CHARGES AND CREDITS
Customer No:6800004087 Invoice No: 1800118940
Description Amount
0 MIAMI BEACH ST LTS 14,521.27
Reference#D00007223924
For Inquiries Contact: Total Amount Due $14,521.27
CARLOS HENAO 305-377-6004, Payment Due Upon Receipt
•
1800118940 1 of 1
Resolutions -C7 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 27, 2016
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AUTHORIZING THE MANAGER AND CITY CLERK TO
ENTER INTO TWO AGREEMENTS WITH FLORIDA POWER AND LIGHT (FPL)
FOR ENHANCED LIGHTING ON OCEAN COURT BETWEEN 5TH AND 15TH
STREETS, FOR THE PURPOSES OF ASSISTING THE POLICE DEPARTMENT
WITH ITS CRIME DETERRENCE EFFORTS;AT A TOTAL COST OF $52,579.27.
RECOMMENDATION
The Administration recommends the approval of the resolution to authorize FPL to commence the
street light replacement along Ocean Court in an effort to enhance public safety.
ANALYSIS
The City executed Resolution 2012-3754 providing Florida Power and Light (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 the City with street lighting throughout the City. Pursuant to the franchise
agreement the City may remove and replace FPL lights with newer technology to meet the
needs of the residents, including installing lights that would assist the Police Department in
crime prevention measures. Recently it has been brought to the City Commission's attention
that additional measures must be taken to combat crime along Ocean Drive and the surrounding
area. As a result, the Police Department has approached the Public Works Department to
upgrade the lighting along the adjacent streets and the City replaced the existing cobra style
street lights on the streets perpendicular to Ocean Drive with new 400 watt LED fixture.
The use of the new lights has been a tremendous success in deterring criminal activity on those
streets where the lighting has been installed. To expand these crime deterrence efforts, the
Police Department has requested that similar action be taken for Ocean Court from 5th Street to
15th Street.
The existing lights are owned by FPL and mounted on FPL poles. Public Works has
Page 35 of 818
approached FPL to upgrade all of these lights in a similar fashion. FPL has identified that two
steps need to be taken in order to implement the new lighting program: (1) 25 existing fixtures
need to be removed from Ocean Court; and (2) 35 new 168 watt LED cobra light fixtures need
to be installed. FPL has provided two (2) separate agreements to accomplish these tasks with
corresponding cost estimates, with the removal will cost $14,521.27 and the installation of the
new lighting will cost$38,058.
CONCLUSION
The Administration recommends the approval of the resolution to authorize FPL to commence
the street light replacement along Ocean Court in an effort to enhance public safety.
Amount 1 $52,579.27 Account 1 0119407-000342
Legislative Tracking
Public Works
ATTACHMENTS:
Description
❑ FPL Draft Reso
Page 36 of 818