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R2018-08 FPL LED Lighting AgreementRESOLUTION 2018-08 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AN LED LIGHTING AGREEMENT WITH FLORIDA POWER AND LIGHT AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Power & Light ("FPL") has a new approved tariff that will allow the Village to convert its existing full maintenance lights to LED lighting at no upfront cost to the Village and will reduce the Village's monthly street lighting expenses; and WHEREAS, in order to convert its street lights to LED lighting, the Village is required to enter into an LED Lighting Agreement with FPL; and WHEREAS, the Village Council determines that the execution of the LED Lighting Agreement is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council of the Village of North Palm Beach, Florida, hereby approves an LED Lighting Agreement with Florida Power & Light, a copy of which is attached hereto and incorporated herein by reference, and authorizes the Village Manager to execute the Agreement on behalf of the Village. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 8TH DAY OF FEBRUARY, 2018. (Viilage Seal) ATTEST: VILLAGE CLERK Page 1 of 1 I k,. � �2 G4 MAYOR FPL Account Number. 255962 1343 FPL Work Request Numbe r: ----- LED LIGHTING AGREEMENT In accordance with the following terms and conditions, Village of North Palm Beach (hereinafter called the Customer). requests on this __ day of August, 2018 , from FLORIDA POWER & LIGHT COMPANY (hereinafter called FPL). a corporation organized an d existing under the laws of the State of Florida , the following installation or modification of lighting facilities at (general boundaries) west neighborhood . located in North Palm Beach, Flori da. (a) Install ation and/or removal of FPL-owned fa cilities described as follows: Poles Ex i sting Pole Count #Installed #Removed New Pole Count Pole Type (A) (B) (C) (A+B-C) Wood Standard Concre te Standard Fiberglass Decorative Concrete Decorative Fiberglass Underg round Conductor Existing Footage Feet Installed Feet Removed New Footage Type (A) (B) (C) (A+B-C) Under Pavem ent Nt A <1> Not Under Pavement (1) All new conductor installed is in conduit and billed as Not Under Pavement Page I of4 15th Fixtures <2> Existing New Color Fixture # # Fixture Type Temperature Count Installed Removed Count (HPSV,MV,LED) Manufacturer Watts Lu mens (LED Only) Style (A) (B) (C) (A+B-C) HPSV 100 Roadway NA 0 35 NA LED CREE 45 5000 3000K RSW NA 35 0 NA HPSV 150 Roadway NA 0 2 NA LED CREE 45 5000 3000K RSW NA 2 0 NA (2) Catalog of available fixtures and the assigned billing tier for each can be viewed at www.fpl.com/partner/buildersllighting.html P11plof4 (b) Modification to existing facilities other than described above (explain fully):, _______ N.:.:o~ni,;:;e ___________ _ 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 $2:QQ 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: 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 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 currenUy 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 (1 O) year term or from the expiration of any extension thereof. The date of initiation of service shall be defined as the date the first lights are energized and billing begins, not the date of this Agreement. This Agreement shall be extended automatically beyond the initial the (10) year term or any extension thereof, unless either party shall have given written notice to the other of its desire to terminate this Agreement. The written notice shall be by l'og.c3of4 certified mail and sha ll be given not less than ninety (90) days before the expi ration of the initial ten (10) year term , or any extension thereof. 12. In the event lightin g facilities covered by this agreement are removed, eith er at the request of the Customer or th rough termination or breach of this Agreement, the Custom er shall be respons ible for paying to FPL an amount equal to the fixture , pole , and condu cto r charges for the period remaining on the curren tl y active term of service plu s the cost to remove th e facilities. 13 . Should the Customer fai l 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 th is 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 oth er breach of th is Agreement. An y fai lure of FPL to exercise its rights hereunder shall not be a waiver of its rights. It is understood, however. that such discontinuance o f the supply ing o f electric energy or service sha ll not constitute a breach of this Agreement by FPL, nor shall it relieve the Custom er of the obligation to perform any of the terms and conditions of th is 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 furni sh service if it is prevented from complying wi th this Agreement by reason of any partial, te mporary or entire sh ut-down of service which , in th e sole opinion of FPL, is reasonably necessary for the purpose of repa iring or making more efficient all or any part of its generating or oth er electrical equipment. 15. This Agreement supersedes all previous Agreements or representations , either written , oral , or otherwise between the Customer and FPL, with respect to th e facilities referenced herein and constitutes the entire Agreement between the parties. This Agreemen t does not create any rights or provide any rem edies to third parties or create any additiona l 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 sha ll inure to th e benefit of, and be binding upon the successors and assigns of the Customer and FPL. 18. The lighting fa ci lities 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 th e FPSC, as they are now written , or as they may be hereafter revised, amended or s upplemented. In the event of any conflict between the terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Ru l es, the provisions o f 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. Ch arges and Terms Accepted : FLORIDA POWER & LIGHT COMPANY By: By: (Signature) A-J-..l:D~ 1), Lukrt6 1 k Francisco J . Arbide (Print or type name) (Print or type name) Titl e : V1 [L1t ~1 t.. Yl IT J..J ft /1 e.f--= T itle: Business Deve1011men1 Manager Francisco J Arbide North Palm Beach Phase 1 Selection Sheet Initials og-- Address Type Fixture Type Replace With 944 DOGWOOD HPSOlOO FXTOB RSW 45 Watt 3000K 708 HUCKLEBERRY 708 HUCKLEBERRY DR HPSOlOO FXTOB RSW 45 Watt 3000K LIGHTHOUSE 936 LIGHTHOUSE DR HPSOlOO FXTOB RSW 45 Watt 3000K 717 CINNAMON 717 CINNAMON RD HPSOlOO FXTOB RSW 45 Watt 3000K LAUREL RD LIGHTHOUSE DR SEC LAUREL RD HPSOlOO FXTOB RSW 45 Watt 3000K 825 BU TTONWOOD 825 BU TTONWOOD RD HPSOlOO FXTOB RSW 45 Watt 3000K 809 BUTTONWOOD 809 BU TTONWOOD RD HPSOlOO FXTOB RSW 45 Watt 3000K OSBORNE OSBORNE CTR DIR NE CONCESSION STAND HPSOlOO FXTOB RSW 45 Watt 3000K OSBORNE 605 PRO SPERITY FARMS RD -OSBOURNE NORT HPSOlOO FXTOB RSW 45 Watt 3000K 921 EUCALYPTUS RD 92 1 EUCALYPTUS RD HPSOlOO FXTOB RSW 45 Watt 3000K 932 FIRE TREE RD 932 FIR E TREE RD HPSOlOO FXTOB RSW 45 Watt 3000K 932 DOGWOOD RD 932 DOGWOOD RD HPSOlOO FXTOB RSW 45 Watt 3000K 905 EUCALYPTUS RD 905 EUCALYPTUS RD HPSOlOO FXTOB RSW 45 Watt 3000 K 905 FIRE TREE RD 905 FIR E TREE RD HPSOlOO FXTOB RSW 45 Watt 3000K 920 EVERGRE EN DR 920 EVERGREEN DR HPSOlOO FXTOB RSW 45 Watt 3000K 749 CINNAMON RD HPSOlOO FXTOB RSW 45 Watt 3000K 824 ALAMANDA RD 824 ALAMANDA RD HPSOlOO FXTOB RSW 45 Watt 3000K 944 ALAMA ND A RD 944 ALAMANDA RD HPSOlOO FXTOB RSW 45 Watt 3000K 2745 OMEGA PL NEC ALAMANDA HPSOlOO FXTOB RSW 45 Wa tt 3000K 840 DOGWOOD HPSOlOO FXTOB RSW 45 Watt 3000K 837 CINNAMON RD HPSOlOO FXTOB RSW 45 Watt 3000K 2610 WABASH DR HPSOlOO FXTOB RSW 45 Watt 3000K 817 CINNAMON RD HPSOlOO FXTOB RSW 45 Watt 3000K 816 DOGWOOD RD HPSOlOO FXTOB RSW 45 Watt 3000 K 2555 WABASH DR HPSOlOO FXTOB RSW 45 Watt 3000K 2523 WABASH DR HPSOlOO FXTOB RSW 45 W att 3000K 2515 SUNCOVE LN 251 5 SUNCOVE LN HPSOlOO FXTOB RSW 45 Watt 3000 K PROSP FRM & SUNCOVE LN HPSOlOO FXTOB RSW 45 Watt 3000K 2606 PARK RD PARK RD 4P E/O LST A!A SS HPSOlOO OB RSW 45 Watt 3000K 2685 OMEGA PL HPSOlOO RW RSW 45 Watt 3000K 2630 SUN COVE LN COVE LN HPSOlOO RW RSW 45 Watt 3000K 2589 PEPPERWOOD CIR HPSOlOO RW RSW 45 Watt 3000K 2574 PEPPERWOOD CIR HPSOlOO RW RSW 45 Watt 3000K 2649 PEPPERWOOD CIR HPSOlOO RW RSW 45 Watt 3000K 2537 PE PPEREWOOD CIR HPSOlOO RW RSW 45 Watt 3000K 2510 PEPPERWOOD CIR HPS0150 OB RSW 45 Watt 3000K 2508 PEPPERWOOD CIR HPS0150 OB RSW 45 Watt 3000K • F=PL LED Lighting Plan North Palm Beach Phas e 1 Going Green This plan reduces power consumption by: 12,000 kWh I year . . ' I . . 1 Quantity: FPL Conversion: Full/Hybrid: • • t I . . 2 Quantity: FPL Conversion: Full/Hybrid: • Includes foxture fee and S.99 monthly conversion fee 37 35 Yes Fu ll 2 Yes Full and that eliminates: 8 metric tons of CO 2 every year ' or removing: 2 cars from the road 2 II $ 320.2 0 $ 3 02.54 $ Existing Proposed select fixture: SL 1 -HPS0100 RSW 45 Watt 3000K fixture I pole: select pole: Fixture* s 141.40 s 192.15 Pole Mainte n ance s 66.50 s 61.60 Energy•• s 92.38 $ 32.43 Tot al $ 300.28 $ 286.18 Existing Proposed select fixture: SL 1 -HPS 01 50 RSW 45 W att 3000K fixtu re I pole : select pole : Fi x tur e* $ 8.32 $ 10 .98 Pole Maintenance $ 3.86 $ 3.52 Ener gy•• $ 7.73 $ 1.85 Total $ 19.91 $ 16.35 "' lndudes N on -fuel Energy Charge. Fu el. Conservation . Capadtr. Enlllron mentat, and Storm charges •••This maintenance amoootis an estimate based on typical lamp talTure rates and replacement costs averaged per month O'lf!r the l ife of the flx1u re .... FPL charges a one-Ume flx1ure removalfee of $50 per nxture The cuslomerhas the option of removing lhe eds Ung l!xlure themselves, but mus I nobly FPL beforehand for proper Dilling Sales tax and franchise fees n ol induded $ $ $ $ $ $ $ $ (1 7 .66)1 Variance 50.75 (4 .90) (59.95) (14.10) Variance 2.66 (0.34) (5.88) (3.56)