R25-118 1 RESOLUTION NO. R25-118
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AN LED LIGHTING AGREEMENT
5 BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA POWER &
� LIGHT COMPANY FOR THE INSTALLATION AND MODIFICATION OF
7 LIGHTING FACILITIES ON FEDERAL HIGHWAY; AND FOR ALL OTHER
8 PURPOSES.
9
10 WHEREAS, per Florida Department of Transportation ("FDOT") Project 437834-1, this LED
11 Lighting Agreement consists of installing 43 LED lights and the removal of 24 existing
12 fixtures/lights, on Federal Highway from Gulfstream Boulevard to MLK Jr. Boulevard/NE 10th
13 Avenue; and
14 WHEREAS, FPL agrees to install or modify the lighting facilities described and identified
15 above (hereinafter called the Lighting System), furnish to the City the electric energy necessary for
to the operations of the Lighting System, and furnish such other services as are specified in the
17 Agreement, all in accordance with the terms of FPL's currently effective lighting rate schedule on
18 file at the Florida Public Service Commission ("FPSC") or any successive lighting rate schedule
19 provided by FPSC; and
20 WHEREAS, the City agrees to pay a monthly fee for the fixtures and poles in accordance
21 with the lighting tariff and an additional lighting charge of $112.47, as may be adjusted; and
22 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
23 best interests of the city's citizens and residents to approve an LED Lighting Agreement between
24 the City of Boynton Beach and Florida Power & Light Company for the installation and
25 modification of lighting facilities on Federal Highway.
20
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
28 BEACH, FLORIDA, THAT:
29 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
30 being true and correct and are hereby made a specific part of this Resolution upon adoption.
31 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
32 approve a LED Lighting Agreement between FPL and the City for installing and modifying lighting
33 facilities on Federal Highway (the "Agreement"), in form and substance similar to that attached as
34 Exhibit A.
35 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
36 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
37 ancillary documents as may be necessary to accomplish the purpose of this Resolution.
38 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record
39 of the City. A copy of the fully executed Agreement shall be provided to Moisey Abdurakhmanov
40 for forwarding to FPL.
41 SECTION 5. This Resolution shall take effect in accordance with the law.
42
43
44
45
46 [SIGNATURES ON THE FOLLOWING PAGE]
47
48 PASSED AND ADOPTED this ' day of ►r.R. 2025.
49 CITY OF BOYNTON BEACH, FLORIDA
50 YES NO
51 Mayor- Rebecca Shelton ir
52
53 Vice Mayor- Woodrow L. Hay
54
55 Commissioner-Angela Cruz
56 t/57 Commissioner- Thomas Turkin
58
59 Commissioner- Aimee Kelley .f1.
60
61 VOTE LA-0
62 . AT'EST:
'11 - h
63
64 I II. A
65 Maylee D.- J: 's, MPA, MI C Rebecca Shelton
66 City Clerk Mayor
67 •• •���
68 ;:�oyNTO/�e�N‘ APPROVED AS TO FORM:
69 (Corporate Seal) /�0..%).0�eoRATFjj •:90y1,��
70 , i-1 ►7J` U ,
71 i c.): *� ORA,- ; �e��'/ J�G
,t % MCORP . !'J7
72 ,t41 1920 Shawna G. Lamb
I �''•••••''...t - City Attorney
73 '`‘ FLrc''
FPL Account Number:7746210231
FPLFPL Work Request Number:
LED LIGHTING AGREEMENT
In accordance with the following terms and conditions,City of Boynton Beach(hereinafter called the Customer),requests on this day
of May,2025,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) FDOT FPID 437834-1-52-01,
located in Boynton Beach,Florida.
(a) Installation and/or removal of FPL-owned facilities described as follows:
Color # #
Fixture Description(1) Watts Lumens Temperature Installed Removed
Cree XSP2 102 10,882 4000K 0 21
RSW 45 5,000 3000K 0 3
ATB2 Gray 121 16,427 3000K 42 0
ATB2 Gray 186 24,937 3000K 1 0
(1) Catalog of available fixtures and the assigned billing tier for each can be viewed at www.fpl.com/led
1
Pole Description #
Installed Removed
40'(30' MH)Concrete Arm Mount 9 0
Ib) Installation and/or removal of FPL-owned additional lighting facilities where a cost estimate for these facilities will be determined
based on the job scope,and the Additional Lighting Charges factor applied to determine the monthly rate.
(c) Modification to existing facilities other than described above or additional notes (explain fully): FPL to remove existing LEDs and
replace with different LEDs on existing poles. FPL to install LEDs on new concrete poles. FPL to remove arm and bracket from
one location.Additional details in preliminary design.FDOT responsible for CIAC of$17,183.55.
2
That,for and in consideration of the covenants set forth herein,the parties hereto covenant and agree as follows:
FPL AGREES:
1. To install or modify the lighting facilities described and identified above(hereinafter called the Lighting System),furnish to the Customer theelectric
energy necessary for the operation of the Lighting System, and furnish such other services as are specified in this Agreement,all in
accordance with the terms of FPL's currently effective lighting rate schedule on file at the Florida Public Service Commission(FPSC)or any
successive lighting rate schedule approved by the FPSC.
THE CUSTOMER AGREES:
2. To pay a monthly fee for fixtures and poles in accordance to the Lighting tariff,and additional lighting charge in the amount of$112.47
These charges may be adjusted subject to review and approval by the FPSC.
3. To pay Contribution in Aid of Construction(CIAC)in the amount of$0.00 prior to FPL's initiating the requested installation or
modification.
4. To pay the monthly maintenance and energy charges in accordance to the Lighting tariff.These charges may be adjusted subject to reviewand
approval by the FPSC.
5. To purchase from FPL all the electric energy used for the operation of the Lighting System.
6. To be responsible for paying, when due, all bills rendered by FPL pursuant to FPL's currently effective lighting rate schedule on file at the
FPSC or any successive lighting rate schedule approved by the FPSC, for facilities and service provided in accordance with this
agreement.
7. To provide access,suitable construction drawings showing the location of existing and proposed structures,and appropriate plats necessaryfor
planning the design and completing the construction of FPL facilities associated with the Lighting System
8. To have sole responsibility to ensure lighting, poles, luminaires and fixtures are in compliance with any applicable municipal or county
ordinances governing the size,wattage,lumens or general aesthetics.
9. For new FPL-owned lighting systems, to provide final grading to specifications, perform any clearing if needed, compacting, removal ofstumps
or other obstructions that conflict with construction, identification of all non-FPL underground facilities within or near pole or trench locations,
drainage of rights-of-way or good and sufficient easements required by FPL to accommodate the lighting facilities.
10. For FPL-owned fixtures on customer-owned systems:
a To perform repairs or correct code violations on their existing lighting infrastructure.Notification to FPL is required once site is ready.
b. To repair or replace their electrical infrastructure in order to provide service to the Lighting System for daily operations or in a catastrophic
event.
c. In the event the light is not operating correctly,Customer agrees to check voltage at the service point feeding the lighting circuit prior to
submitting the request for FPL to repair the fixture.
IT IS MUTUALLY AGREED THAT:
11. Modifications to the facilities provided by FPL under this agreement,other than for maintenance, may only be made through the execution of
an additional lighting agreement delineating the modifications to be accomplished. Modification of FPL lighting facilities isdefined as the
following:
a. the addition of lighting facilities:
b. the removal of lighting facilities;and
c. the removal of lighting facilities and the replacement of such facilities with new facilities and/or additional facilities.
Modifications will be subject to the costs identified in FPL's currently effective lighting rate schedule on file at the FPSC, or any
successive schedule approved by the FPSC
12. FPL will, at the request of the Customer, relocate the lighting facilities covered by this agreement, if provided sufficient rights-of-way or
easements to do so and locations requested are consistent with clear zone right-of-way setback requirements. The Customer shall be
responsible for the payment of all costs associated with any such Customer-requested relocation of FPL lighting facilities. Paymentshall be
made by the Customer in advance of any relocation.
Lighting facilities will only be installed in locations that meet all applicable clear zone right-of-way setback requirements.
13. FPL may, at any time, substitute for any fixture installed hereunder another equivalent fixture which shall be of similar
illuminating capacity and efficiency.
3
14. This Agreement shall be for a term of ten (10) years from the date of initiation of service, and, except as provided below, shall extend
thereafter for further successive periods of five (5) years from the expiration of the initial ten (10) year term or from the expiration of any
extension thereof.The date of initiation of service shall be defined as the date the first lights are energized and billing begins,not the date of
this Agreement.This Agreement shall be extended automatically beyond the initial ten (10)year term or any extension thereof, unless either
party shall have given written notice to the other of its desire to terminate this Agreement. The written notice shall be by certified mail and
shall be given not less than ninety (90)days before the expiration of the initial ten (10)year term, or any extension thereof.
15. In the event lighting facilities covered by this agreement are removed, either at the request of the Customer or through termination orbreach
of this Agreement, the Customer shall be responsible for paying to FPL an amount equal to the original installed cost of thefacilities
provided by FPL under this agreement less any salvage value and any depreciation (based on current depreciation ratesapproved by
the FPSC)plus removal cost
16. Should the Customer fail to pay any bills due and rendered pursuant to this agreement or otherwise fail to perform the obligations
contained in this Agreement, said obligations being material and going to the essence of this Agreement, FPL may cease to supplyelectric
energy or service until the Customer has paid the bills due and rendered or has fully cured such other breach of this Agreement.Any failure
of FPL to exercise its rights hereunder shall not be a waiver of its rights. It is understood, however, that such discontinuance of the supplying
of electric energy or service shall not constitute a breach of this Agreement by FPL, nor shall it relieve the Customer ofthe obligation to perform
any of the terms and conditions of this Agreement.
17. The obligation to fumish or purchase service shall be excused at any time that either party is prevented from complying with this
Agreement by strikes, lockouts, fires, riots, acts of God, the public enemy, or by cause or causes not under the control of the party thus
prevented from compliance,and FPL shall not have the obligation to furnish service if it is prevented from complying with this Agreementby
reason of any partial, temporary or entire shut-down of service which, in the sole opinion of FPL, is reasonably necessary for the purpose
of repairing or making more efficient all or any part of its generating or other electrical equipment.
18. This Agreement supersedes all previous Agreements or representations,either written,oral, or otherwise between the Customer andFPL,
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. 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.
20. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Customer and FPL
21. The lighting facilities shall remain the property of FPL in perpetuity.
22. This Agreement is subject to FPL's Electric Tariff, including,but not limited to, the General Rules and Regulations for Electric Service andthe
Rules of the FPSC, as they are now written, or as they may be hereafter revised, amended or supplemented. In the event of any conflict
between the terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules,the provisions of the Electric Tariff and
FPSC Rules shall control,as they are now written,or as they may be hereafter revised,amended or supplemented.
IN WITNESS WHEREOF,the parties hereby caused this Agreement to be executed in triplicate by their duly authorized representatives to be
effective as of the day and year first written above.
Charges and Terms Accepted:
City of Boynton Beach FLORIDA POWER&LIGHT COMPANY
Custom: '•rint or type name of Organization)
By: 1 "A% By: .tQ A/G,94- ,
Sign. re(Aut onzedRepresentative) % QA,�1 (Signature)
•
1210> he has\ T g$ Alex Acosta
(Print or type name) I : INCORPORATE()
L :_ (Print or type name)
1 ORAT.0 •
Title: .. _ .. �20 . i Title:FPL LED Lighting Solutions Manager
CITY ATTORNEY'S O FICE ��RIDA
Approve s to form and ty
By: 4k//J4 Ct./!i6