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2017-29786 Reso RESOLUTION NO. 2017-29786 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE CITY MANAGER'S RECOMMENDATION (AS FURTHER SET FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION) 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 A PREMIUM LIGHTING AGREEMENT AND A STREET LIGHTING AGREEMENT WITH FLORIDA POWER AND LIGHT COMPANY ("FPL"), FOR A TOTAL COST OF $75,711.15, TO UPGRADE AND ENHANCE THE STREET LIGHTING ON COLLINS COURT, BETWEEN 5TH STREET AND 15TH STREET, FOR THE PURPOSE OF ASSISTING THE MIAMI BEACH POLICE DEPARTMENT WITH ITS CRIME DETERRENCE EFFORTS. WHEREAS, FPL owns and maintains the street lighting system currently installed on Collins Court, between 5th Street and 15th Street; and WHEREAS, FPL is the sole authorized agent to replace (remove existing and replace with new) lighting fixtures installed on FPL light poles; and WHEREAS, the City of Miami Beach Police Department previously approached the Public Works Department to upgrade the lighting along the adjacent streets, and the City replaced the existing cobra style street lights with new 400 watt LED fixtures on the streets perpendicular to Collins Court; and WHEREAS, the Miami Beach 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 Miami Beach Police Department has recommended that similar action be taken for Collins 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) 30 existing fixtures need to be removed from Collins Court; and (2) 46 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 the City with a Premium Lighting Agreement and a Street Lighting Agreement to accomplish these tasks, with corresponding cost estimates: the removal will cost $16,196.15, and the installation of the new lighting will cost $59,515; 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 as being in the best interests of the City and in an effort to enhance public safety, and approve this Resolution authorizing the City Manager to execute the Agreements authorizing FPL to complete the work of upgrading the street lighting along Collins Court. 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 (as further set forth in the City Commission Memorandum accompanying this Resolution) 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 a Premium Lighting Agreement and a Street Lighting Agreement with Florida Power and Light Company (FPL), for a total cost of$75,711.15, to upgrade and enhance the street lighting on Collins Court, between 5th Street and 15th Street, for the purpose of assisting the Miami Beach Police Department with its crime deterrence efforts. PASSED AND ADOPTED this / day of m'rck , 2017. ATTEST: Af • Rafael ran rani7e, City Clef Philip Levine, Mayor • APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION 3•-i-Ois,I— -0/),-17 City Attorney r,(14 r Date Resolutions - R7 T MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: March 1, 2017 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE CITY MANAGER'S RECOMMENDATION (AS FURTHER SET FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTI ON)AND WAIVING, BY 5/7TH 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 COMPANY ("FPL"), FOR A TOTAL COST OF $75,711.15, TO UPGRADE AND ENHANCE THE STREET LIGHTING ON COLLINS COURT, BETWEEN 5TH STREET AND 15TH STREET, FOR THE PURPOSE OF ASSISTING THE MIAMI BEACH POLICE DEPARTMENT WITH ITS CRIME DETERRENCE EFFORTS. RECOMMENDATION Approve the resolution. 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 had 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 Collins Court with new 400 watt LED fixture. On September 28, 2016 the City Commission approved resolution No. 2016-29577 for the FPL lighting improvements along Ocean Ct from 5th Street to 15th Street. The project was Page 820 of 1025 completed and the use of the new lights has been a tremendous success, according to the Police Department, 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 tan for Collins Court from 5th Street to 15th Street. The existing lights are owned by FPL and mounted on FPL poles. Public Works has 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) 30 existing fixtures need to be removed from Collins Court; and (2) 46 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 $16,197 and the installation of the new lighting will cost$59,515. CONCLUSION The Administration recommends the approval of the resolution to authorize FPL to commence the street light replacement along Collins Court in an effort to enhance public safety. FINANCIAL INFORMATION $75,712.00 307-0830-069357-00-410-000-00-00-00-27800 Project No. 27800 Legislative Tracking Public Works ATTACHMENTS: Description © Quotes o Resolution Page 821 of 1025 • ePL 2/17/2017 Rudy De La Torre City Of Miami Beach Re: Collins Ct Streetlights, Good Afternoon Rudy, Please find included the quotes and streetlight agreements for the removal of the high- pressure sodium lights in place and the installation of LED lights. Here is what is included: • Quote CD74521391 — The cost for the labor to remove the old light plus the net book value after depreciation and the Streetlight Agreement for Removal • Quote CD74521461 —The cost for labor and materials for the install of new LED lights and the Premium Streetlight Agreement for Install Please submit payment for each quote and return a signed copy of each Agreement. Sincerely, Scott F. Davis, E.l. Associate Engineer—Service Planning Central Dade Office: 305-377-6064 Fax: 305-377-6010 Scott.DavisAfpl.com • An FPL Group Company Page 822 of 1025 I� Work Request Charges Quotation FPL-Power Systems To: RUDY DE LATORROW Quote Number: CD74521391 0 MIAMI BEACH Description: QUOTE FOR REMOVAL OF 30 HP SODIUM SL ST LTS PLUS NET BOOK VALUE MIAMI BEACH, FL 33139 TLN= 8-7755-9999-0-4 Quote Date: 2/16/2017 Preferred Option: Yes No. Payments: Project: Quotation Detailsi Due Unit Before Description Refundable? Cost Quantity Total Work Paid Lump Sum No 16,196.15 1 16,196.15 Y Charges Due Before Work Starts: 16,196.15 Tax: 0.00 Subtotal: 16,196.15 Charges Due On Completion: 0.00 Tax: 0.00 Subtotal: 0.00 Total Charges: 16,196.15 Total Tax: 0.00 Total Including Tax: 16,196.15 Total Refundable: 0.00 Total Non-Refundable: 16,196.15 ii 11J ij I,F Page 823 of 1025 it IPL FPL Account Number:04562-78399 FPL Work Order Number:7452139 STREET LIGHTING AGREEMENT In accordance with the following terms and conditions,City of Miami Beach(hereinafter called the Customer),requests on this 16th day of February, 2017,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)Collins Ct from Err'St to Espanola Way,located in Miami 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 #Removed (in Lumens) (in Lumens) 63000 Open Bottom 30 • ( 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): 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. y 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 824 of 1025 Paget 0/2 1 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 I an additional street lighting agreement delineating th,7-odifications to be accompf hed. 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. i 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. I 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 i 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 II 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 g 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. t 16. This Agreement shall inure to the benefit of,and be binding upon the successors and assigns of the Customer and FPL. I 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 a 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. 11 I 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) If ! By: By: Signature(Authorized Representative) . (Signature) Ii (Print or type name) (Print or type name) ll Title: Title: 1 Page 825 of 1025 Page 2of2 1 Work Request Charges Quotation FPL-Power Systems To: RUDY DE LATORRE Quote Number: CD74521461 0 MIAMI BEACH Description: QUOTE FOR INSTALL OF 46- 168 W LED SL ST LTS TIME ADDER PER TARIFF MIAMI BEACH, FL 33139 TLN = 8-7755-9999-0-4 Quote Date: 2/16/2017 Preferred Option: Yes No. Payments: Project: Quotation Details Due Unit Before Description Refundable? Cost Quantity Total Work Paid Lump Sum No 59,515.00 1 59,515.00 Y Charges Due Before Work Starts: 59,515,00 Tax: 0.00 Subtotal: 59,515.00 Charges Due On Completion: 0.00 Tax: 0.00 { Subtotal: 0.00 Total Charges: 59,515.00 Total Tax: 0.00 Total Including Tax: 59,515.00 Total Refundable: 0.00 Total Non-Refundable: 59,515.00 • kJk' Page 826 of 1025 I � FPL FPL Account Number:41663-27663 FPL Work Order Number:7462196 PREMIUM LIGHTING AGREEMENT In accordance with the following terms and conditions,City of Miami Beach(hereinafter called the Customer),requests on this 14th day of February,2017,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)City of Miami Beach,located in Miami Beach/Dade,Florida. (city/county) (a) installation and/or removal of FPL-owned facilities described as follows: J.ights Installed Lights Removed Fixture Rating Fixture Type #Installed Fixture Rating Fixture Type #Removed (in Lumens) (in Lumens) 13,290 Cree/168w LED 46 Poles Installed Poles Removed • Pole T e #Installed Pole T e #Removed (b) Modification to existing facilitiesother than described above(explain fuly):N/A Total work order cost is$49.837.00 Thal,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 premium lighting facilities 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 In this Agreement, all In accordance with the terms of FPL's currently effective Premium Lighting rate schedule on file at the Florida Public Service Commission(FPSC)or any successive Premium Lighting rate schedule approved by the FPSC. THE CUSTOMER AGREES: 411 2, To purchase from FPL all of the electric energy used for 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 facilities 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 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 Premium 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 premium lighting facilities. Page 8271eff 1025 i • ITIS 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. i Modifications will be subject to the costs identified in FPL's currently effective Premium Lighting rate schedule on file at the FPSC,or any 1 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 luminalrellamp 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 i Customer that such work is necessary.The Company agrees to make reasonable effort to obtain facilities for use in repairs or replacement to k 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. F 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 1 the date the first lights am 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. il 11. The Customer will pay for these facilities as described in this Agreement by paying a lump sum of$59.515.00 in advance of construction. 12. The monthly Maintenance Charge is$176.64,This charge may be adjusted subject to review and approval by the Florida Public Service il Commission. 4 13. The monthly Billing Charge is$N/A.This charge may be adjusted subject to review and approval by the Florida Public Service Commission. i, Jr 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 t 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 fall to pay any bills due and rendered pursuant to this Agreement or otherwise fail to perform the obligations contained in Ir 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 r • j 16. If the Customer no longer wishes to receive service under this schedule,the Customer may terminate the Premium Lighting Agreement by H giving the Company at least(90)ninety days advance written notice to the Company.Upon early termination of service,the Customer shall pay I 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 t 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 1 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 'i 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. f 18. This Agreement supersedes all previous Agreements or representations,either written,oral or otherwise between the Customer and FPL,with I respect to the facilities referenced herein and constitutes the entire Agreement between the parties.This Agreement does not create any rights ri or provide any remedies to third parties or create any additional duty,obligation or undertakings by FPL to third parties, 4 • 19. This Agreement shall inure to the benefit of,and be binding upon the successors and assigns of the Customer and FPL. 1 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 1 FPSC Rules shall control,as they are now written,or as they may be hereafter revised,amended or supplemented. t 1 f fi Page 8251 1025 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: Signature(Authorized Representative) By: z (Signature) (Print or type name) (Print or type name) Title: Title: • kk� 7 I 59 V Gygy� li d �t ti Page 83'01 1025 PPL 2/17/2017 if Rudy De La Torre City Of Miami Beach Re: Collins Ct Streetlights. Good Afternoon Rudy, Please find included the quotes and streetlight agreements for the removal of the high- pressure sodium lights in place and the installation of LED lights. Here is what is included: • Quote CD74521391 —The cost for the labor to remove the old light plus the net 11 book value after depreciation and the Streetlight Agreement for Removal • Quote CD74521461 —The cost for labor and materials for the install of new LED lights and the Premium Streetlight Agreement for Install 1 Please submit payment for each quote and return a signed copy of each Agreement, Sincerely, Scott F. Davis, E.I. Associate Engineer—Service Planning Central Dade Office: 305-377-6064 Fax: 305-377-6010 Scott.DavisMpl.com 49 t 3F3 y An FPL Group Company Page 832 of 1025 Work Request Charges Quotation FPL-Power Systems To. RUDY G LATORROW Quote Number: CD74521391 0 MIAMI BEACH Description: QUOTE FOR REMOVAL OF 30 HP SODIUM SL ST LTS PLUS NET BOOK VALUE MIAMI BEACH, FL 33139 TLN=8--7755-9999-0-4 Quote Date: 2116/2017 Preferred Option: Yes No. Payments: Project: Quotation Details Due Unit Before Description Refundable? Cost Quantity Total Work Paid Lump Sum No 16,196.15 1 16,196.15 Y Charges Due Before Work Starts: 16,196.15 Tax: 0.00 Subtotal: 16,196.15 Charges Due On Completion: 0.00 Tax: 0.00 Subtotal: 0.00 Total Charges: 16,196.15 Total Tax: 0,00 Total Including Tax: 16,196.15 Total Refundable: 0.00 Total Non-Refundable: 16,196.15 Page 833 of 1025 PPL FPL Account Number.04562-78399 FPL Work Order Number:7452139 STREET LIGHTING AGREEMENT in accordance with the following terms and conditions,City of Miami Beach(hereinafter called the Customer),requests on this 16th day of February, 2017,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)Collins Ct from&s'St to Espanola Way,located in I Miami 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 #Removed i in Lumens in Lumens _ 63000 Open Bottom 30 ! 1 11 Poles Installed Poles Removed Conductors Installed Conductors Removed Pole Toe #Installed Pole T .e #Removed I I_ Feet not Under Paving Feet not Under Paving i Feet Under Paving Feet Under Paving 1 ' (b) Modification to existing factities 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: Pi i 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. l' a 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 3 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 5 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. 5 1 ) i 1 3 3 Page 834rof 1025 s 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. I Modifications will be subject to the costs identified in FPL's currently effective street lighting rate schedule on fife 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 t easements to do so. The Customer shall be responsible for the payment of all costs associated with any such Customer-requested relocation I 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 I capacity and efficiency. I 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. a 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. i 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 fess 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 g FPSC)plus removal cost. 12. Should the Customer fail to pay any bills due and rendered pursuant to this agreement or otherwise fat to perform the obligations contained in 1 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 g g of electric i' 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 II 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 i 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 i making more efficient all or any part of its generating or other electrical equipment. 11 14. This Agreement supersedes all previous Agreements or representations,either written,oral or otherwise between the Customer and FPL,with M respect to the facilities referenced herein and constitutes the entire Agreement between the parties.This Agreement does not create any rights l 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. i 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 j 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 1 FPSC Rules shall control,as they are now written,or as they may be hereafter revised,amended or supplemented. I 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) M (Print or type name) PROVED AS TO Ik The: (Print or type n.-K*RM& LANGUAGE li Title: li &FOR EXECUTION I ii (3a'', Qe.C." 02'TOL;."'.( Page 835W1025City Attorney i Cats Work Request Charges Quotation FPL-Power Systems To: RUDYDE LATORRE Quc .amber; CD7452461 0 MIAMI BEACH Description: QUOTE FOR INSTALL OF 46- 168 W LED SL ST LTS TIME ADDER PER TARIFF MIAMI BEACH, FL 33139 TLN=8-7755-9999-0-4 Quote Date: 2116/2017 Preferred Option: Yes No. Payments: Project: • Quotation Details Due Unit Before Description Refundable? Cost Quantity Total Work Paid Lump Sum No 59,515.00 1 59,515.00 Y Charges Due Before Work Starts: 59,515,00 Tax: 0.00 Subtotal: 59,515.00 Charges Due On Completion: 0.00 Tax: 0.00 Subtotal: 0.00 !i Total Charges: . 59,515.00 Total Tax: 0.00 Total Including Tax: 59,515.00 Total Refundable: 0.00 Total Non-Refundable: 59,515.00 Page 836 of 1025 .,e,", L FPL Account Number:41663-27563 i FPL Work Order Number:7462146 i r PREMIUM LIGHTING AGREEMENT in accordance with the following terms and conditions,City of Miami Beach(hereinafter called the Customer),requests on this ith day of February,2417,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)City of Miami Beachtocafed in Miami Beach/Dade,Florida. , (city/county) (a) installation and/or removal of FPL-owned facilities described as follows: I Lights installed Lights Removed Fixture Rating Fixture Type it Installed Fixture Rating Fixture Type #Removed in Lumens in Lumens 13,290 Cree/168w LED 46 t Il IIIIIIIIIIIIIIIIIII II poles Installed Poles Remoy li Pole T e #Installed Pole T .e ,,#Removed ti I 11 111_ (b) Modification to existing facilities.other than described above(explain futly):WA li Total work order cost is$49.837.001. I That,for and In consideration of the covenants set forth herein,the parties hereto covenant and agree as follows: 6 FPL AGREES: ti 1. To Install or modify the premium lighting facilities 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 in this Agreement,all In accordance with the terms of FPL's currently effective Premium Lighting rate schedule on file at the Florida Public Service il Commission(FPSC)or any successive Premium Lighting rate schedule approved by the FPSC. 11 THE CUSTOMER AGREES: 4 2. To purchase from FPL all of the electric energy used for the operation of the Premium Lighting System. II 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 FPSG or any successive Premium Lighting rate schedule approved by the FPSC,for facilities and service provided in accordance with I • this Agreement. (f f 4, To provide access,final grading and,when requested,good and sufficient easements,suitable construction drawings showing the location of i existing and proposed structures,identification of aft 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 Premium Lighting System. 5. To perform any clearing,compacting,removal of sharps or other obstructions that conflict with construction,and drainage of rights-away or easements requited by FPL to accommodate the premium lighting facilities. 1 i i 4 6 t 4 Page 837 of 1025 1 P IT IS MUTUALLY AGREcu 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 or 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 andior 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 luminairefiamp 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 toe 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 fust lights are energized and billing begins,not the date of this Agreement. Al 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$59,515.00 in advance of construction. 12. The monthly Maintenance Charge is$176.64.This charge may be adjusted subject to review and approval by the Florida Public Service Commission. 13. The monthly Billing Charge is$if 1 .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 fell 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 it 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 l 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 factitles. 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 theis 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 II 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..¢t 2 or) 1 . Page 838 of 1025 { 1 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: • Signature(Authorized Representative) By: (Signature) (Print or type name) j (Print or type name) Title: Title: APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION City Attorney 12,Ar Date 9 { I Nigfop Page 839 of 1025