R24-063 1 RESOLUTION NO. R24-063
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4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING THE LED LIGHTING AGREEMENT WITH FLORIDA POWER
6 AND LIGHT COMPANY FOR THE INSTALLATION OR MODIFICATION OF
7 LIGHTING FACILITIES ON SOUTH FEDERAL HIGHWAY, PROVIDING AN
8 EFFECTIVE DATE, AND FOR OTHER PURPOSES.
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11 WHEREAS, the LED Lighting Agreement consists of retrofitting 6 luminaire lights,
12 installing 13 LED lights on existing poles with bracket arms, and installing 17 LED lights on new
13 stand-alone poles with bracket arms on US1 from Gulfstream Boulevard to Bamboo Lane within
14 the City of Boynton Beach. The design assumes overhead wiring to be provided by Florida Power
15 & Light ("FPL"); and
16 WHEREAS, FPL agrees to install or modify the lighting facilities Lighting System, furnish
17 the electric energy necessary for the operation of the Lighting System, and furnish such other
18 services as are specified in the Agreement, all in accordance with the terms of FPL's current
19 effective lighting rate schedule on file at the Florida Public Service Commission ("FPSC") or any
20 successive lighting rate schedule approved by the FPSC; and
21 WHEREAS,the City agrees to pay a monthly fee for fixtures and poles in accordance with
22 the Lighting tariff and additional lighting charge in the amount of$58.96,which may be adjusted
23 based on the review and approval by the FPSC; and
24 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in
25 the best interests of the citizens and residents of the City of Boynton to approve the LED Lighting
26 Agreement with FPL.
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 hereof.
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33 SECTION 2. The City Commission hereby approves the LED Lighting Agreement with
34 FPL, in form and substance similar to that attached as "Exhibit A," and authorizes the City
35 Manager to execute the Agreement.
36 SECTION 3. Once the City has executed the Agreement, it shall be forwarded to Keith
37 Webber, Engineering Assistant Director, to obtain execution by FPL. Keith Webber, Engineering
38 Assistant Director, shall be responsible for ensuring that one fully executed Agreement is
39 returned to the City Clerk's office for retention as a public record.
40 SECTION 4. This Resolution shall take effect as provided by law.
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42 PASSED AND ADOPTED this 2nd day of April 2024.
43 CITY OF BOYNTON BEACH, FLORIDA
44 YES NO
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46 Mayor—Ty Penserga
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48 Vice Mayor—Aimee Kelley
49 ✓
50 Commissioner—Angela Cruz
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52 Commissioner—Woodrow L. Hay
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54 Commissioner—Thomas Turkin
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56 VOTE
57 ATTEST:
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61 Maylr le Jesu , PA, MMC Ty P
62 City I _ ••�� May.
63 r sk TON p.,
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64 O c° y �, APPROVED AS TO FORM:
65 (Corporate Seal) RPORP�EO: �
66 \NGS 0 � '
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67
' . p.;• Shawna G. Lamb
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68 FLO�\� City Attorney
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FPL Account Number:7746210231
FPL FPL 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 January,2024,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 450604-1-56-
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
RSW 45 5,000 3000K 2
ATBM 118 15,453 4000K 4
ATB2 Gray 121 16,427 3000K 36
(1) Catalog of available fixtures and the assigned billing tier for each can be viewed at www.fpl.com/led
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Pole Description # #
Installed Removed
35' (27'6" MH)Standard Concrete Arm Mount 17
(b) 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 convert 6 LED to LED,install
13 LEDs on existing poles and install 17 LEDs on new poles.Additional details in preliminary design.FDOT responsible for
CIAC of$9,403.18.Customer is responsible for any restoration required.
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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
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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$58.96
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 trenchlocations,
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.
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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
Customer(P .me of Or.anrzatidn)
By: / By: .�E .�CB4Z
Signature(A0tho4e. - •presenii. (Signature)
N --ADLI _— ��..% • Alex Acosta
ortype name 0`(N .9/�/ `•�
(Print ) � � � % (Print or type name)
Cr i/O��O�PORAATF••f`9,11
Title: Q, i�- s'
•,- j itle: FPL LED Lighting Solutions Manager
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CITY ATTORNEY'S OFFICE i t 1NCORPORATEO;
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Approve#3 t ,rrmm a d legality III
".0..19 24 i
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Sureey R.Weinger, 1•••� FLOR\�P' 4
Deputy City Attorney —