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