Backup Documents 02/12/2019 Item #16B 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney Office 3 I 1c1
2. BCC Office Board of County i�FL
Commissioners S/ -47,`(�
3. Minutes and Records Clerk of Court's Office
?-10//1 p'-
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Debrah Forester Phone Number 643-1115
Contact/Department
Agenda Date Item was 2/12/19 U Agenda Item Number 16.B.2
Approved by the BCC
Type of Document Bayshore CRA/FPL Agreement for LED light Number of Original 2 ,
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable co . . ,whiche'- is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signatu - Stamp okay .—c€ rz,
2. Does the document need to be sent to another agency for ads i a • .-.res? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SMG
signed by the Chairman,with the exception of most letters,must be reviewed and signed by
the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board �, _1�
5. The Chairman's signature line date has been entered as the date of BCC approval of the �''"
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SMG
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip SMG
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on date above and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. f this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option'for
Chairman's signature.
10. Mail one fully executed original to Laura Bayona, FPL-LED Lighting Solutions, 1220 MG
Ave N,Naples,FL 34102.And email one fully executed copy to: Shirley Garcia
Shirlev.Garcia(iiCollier Countyfl.gov and Debrah Forester via email—
Debrah.ForesterACollierCountvfl.gov p/
[04-COA-01081/1344830/1]I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;
Revised 11/30/12
1682 2
MEMORANDUM
Date: February 14, 2019
To: Debrah Forester, CRA Director
CRA — Bayshore Gateway/Immokalee
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: DEC Lighting Agreement
Bayshore CRA/FPL
Attached for your records is one (1) copy of the original document referenced above,
(Agenda Item #16B2) approved by the Board of County Commissioners on Tuesday,
February 12, 2019.
The Minutes and Records Department has kept an original agreement as part of
the Board's Official Records.
If you have any questions, please call me at 252-7240.
Thank you.
Attachment
16B2
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHO SE
3315 TAMIAMI TRL E STE 102 Dwight E.Brock- Clerk'of Circit Court P.O.BOX 413044
NAPLES,FL 34112-5324 NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Auditor • Custodian of County Funds
February 14, 2019
FPL
Attn: LED Lighting Solutions
1220 5th Ave. North
Naples, FL 34102
Re: LED Lighting Agreement
Transmitted herewith is one (1) original agreement and above, as adopted by the
Collier County Board of County Commissioners of Collier County, Florida on
Tuesday, February 12, 2019, during Regular Session.
Very truly yours,
CRYSTAL K. KINZEL, CLERK
t
Martha Vergara, Deput Cle k i
Enclosure
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com
1682
FPL Account Number:46418-35535
PPL FPL Work Request Number:
LED LIGHTING AGREEMENT
In accordance with the following terms and conditions,COLLIER COUNTY BOCC-BGTCRA(hereinafter called the Customer),requests on
this 12 day of February,2019,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)LINWOOD AVE
BTW COMML DR&LINWOOD WAY-LED SL,located in Naples,Florida.
(a) Installation and/or removal of FPL-owned facilities described as follows:
Poles
Existing Pole Count #Installed #Removed I New Pole Count
Pole Type
(A) (B) (C) (A+B-C)
Wood N/A
Standard Concrete N/A
Standard Fiberglass N/A
Decorative Concrete N/A
Decorative Fiberglass N/A
Underground Conductor
Existing Footage ,Feet Installed Feet Removed New Footage
Type
(A) (B) (C) (A+B-C)
Under Pavement N/A(1) N/A
Not Under Pavement N/A
(1) All new conductor installed Is in conduit and billed as Not Under Pavement
em'
Paseloro (CNC')
£ 662
Fixtures(2)
{
Existing New
Color Fixture # # Fixture
Type Temperature Count Installed Removed Count
(HPSV,MV,LED) Manufacturer Watts Lumens (LED Only) Style (A) (B) (C) (A+B-C)
LED AEL 115 13,416 4000K ATBM 6 6
I _
(2) Catalog of available fixtures and the assigned billing tier for each can be viewed at www.fpl.comfpartneribuilders/lighting.html
Past xoea 6:`a0;
1
16B2
(b) Modification to existing facilities other than described above(explain fully):Installation of six ATBM-115 Watts on existing poles
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:
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 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,
unless either party shall have given written notice to the other of Its desire to terminate this Agreement. The written notice shall be by
Fagg 34r4 {r Wt.
1662
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.
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:
COLLIER COU TY BOCC-BGTCRA FLO A POWER&LIGHT COMPANY
stonier(Print(Por e rfame of Organization) / /J
By: By: LA v '—i )
Signature(Authorized Representative) (Signature)
Donna Fiala,Chairman
Laura Bavona
(Print or type name) (Print or type name)
Title: .. Title:LED lighting Specialist-LED Lighting Solutions
� ' -€71tiii-
;f�R .. e s o $,
ATTEST V`,, Approved as to form and legality
CRYSTAL K,KINZEL,CLERK , ,
s
BY:
, ., , niferA. Belpe.t,• C`. CAO°
Attest as-tO Ogrou Page
4of4 Assistant County Attorney \ �
signature only.