Agenda 07/28/2009 Item #16G 21� -S2
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EXECUTIVE SUMMARY
Recommendation for the Board of Collier County Commissioners acting as the governing
body of the Bayshore Beautification Municipal Services Taxing Unit (MSTU) to approve
an Agreement with Florida Power and Light (FPBL) for the installation and service of
lights on sixty eight (68) existing power poles located on side roads lying east and west of
the Bayshore Drive corridor; authorize the BCC chairman to execute the Agreement on
behalf of the Board; approve and authorize the CRA Executive Director (Administrator of
activities of the MSTU) to make payment from MSTU Fund 163 for the costs of associated
monthly fees. (Fiscal Impact 589,760.00 over 10 years).
OBJECTIVE: Recommendation for the Board of Collier County Commissioners acting as the
governing body of the Bayshore Beautification Municipal SeR ices Taxing Unit (MSTU) to
approve an Agreement with Florida Power and Light (FP&,L) for the installation and service of
lights on sixty eight (68) existing power poles located on side roads lying east and west of the
Bayshore Drive corridor; authorize the BCC chairman to execute the Agreement on behalf of the
Board; approve and authorize the CRA Executive Director (Administrator of activities of the
MSTU) to make payment from MSTU Fund 163 for the costs of associated monthly fees.
BACKGROUND: Pursuant to Section 122 -2013 of the Collier County Code of Laws and
Ordinances (County Ordinance #97 -82, as amended) providing street lighting within public
rights -of -way are within the scope of the MSTU's charter. The lighting will be utilized to
enhance the security and safety of the residents within the MSTU boundaries.
CONSIDERATIONS: The majority of side streets along the Bayshore Drive corridor lack
adequate lighting and a sense of security and safety that lighting creates. The MSTU Advisory
Board members identified existing power poles that could possibly accommodate street light
attachments and provide a safer environment for the neighborhood's residents. FP&;L evaluated
the locations and concurred that lights could be installed on the existing poles upon the
execution of a ten (10) year agreement providing the MSTU would be responsible for payment
of all associated monthly power fees for the electric energy used for the operation of the street
lighting system.
The monthly estimated cost to provide service to the sixty eight (68) poles equates to $748.00
per month. The estimated annual cost to provide service equates to $8,976.00 per year and the
estimated cost to provide service for the ten (10) year term of the agreement equates to
$89,760.00.
FISCAL IMPACT: Funds in the total amount of $89,760.00 for the costs of associated monthly
fees will be budgeted over ten years. The estimated cost to the FY09 budget is $8,976.00 and is
available in MSTU Fund (163). Source of all funds are in Fund (163) the Bayshore
Beautification Municipal Service Taxing Unit.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office
and is legally sufficient for Board action. Additionally, this item is not quasi-judicial so no ex
parte disclosure is required. A simple majority vote is necessary to approve this item. --HFAC
GROWTH MANAGEMENT IMPACT: There are no GroAth Management Plan impacts.
RECOMMENDATION: That the BCC:
I . Approve the attached Agreement;
2. Authorize the BCC Chairman to execute same on behalf of the Board;
3. Authorize the CRA --Executive Director (Administrator of activities of the MSTU) to
make payment of all costs and expenses necessary for the project from MSTU Fund
(163).
Prepared by-.
Jean Jourdan, July 7, 2009
Project Manager, Bayshore/Gateway Triangle Community Redevelopment Agency
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COLLIER COUNTY
-7, S A FRD CAF CO 1 K, TY C C W 116 I'S S 10 N E F S
Item Number:
-1 iS 2
Item Summary:
Recommendation for 'he Board of Collier County Commissioners acting as the governing
body of the Bayshore Beautification Municipal Services Taxing Unit (MSTU) to approve an
AareemEnt with Ficm a P,-)vver and Light (FP&L) for the irstallation and service of lights on
sixty eight t,,38) existing power pules located on s!le roads lying east and was, of the
P-ayshore Drive corridor, authorize the BCC chairman to execute the Agreement on behalf of
the FqF-d ci,prove and ..uthorize the CRA E:x2cutive Diec,,,or (,;_iministra`.or of activities of
the MST U) to make Payment from I.ISTU Fund 15" for the costs of associated monthly fees.
Fiscal impact 9,7 G.00 OVE,
Meeting Date:
-00 AIN
Prepared By
Jean Jourdan
Proj,�ct IManager Date
Community Recieveinp.-nent
Baycho.e-Gatewzy Pedeveiopment 7!'2!2009 1:16.22 PM
Ar�ency
Approved By
Jean jourdan
Project Manager Date
Community Redevelop-nent
Bays hore-kGateway Recieve!oprnent 7f[3/24L9 1 : 0 9 P Pli
A �- a n s y
Approved By
D2%,id Jackson
Executlwc Z�; ,�Cior Date
om'mun;ly Rc vl.-F-1—
E;aV,;horc--32tewsv Fe-;eve! .sment I,, �2 1 :4S* P { 1.
gel I.
Approved By
01M�B Coz)rdinat: r
OFAB Coordin--tor Date
County lv'.,ananer's Off z;e
Dff�ce of & Budget 7;'312 3: 3 F 'A
Approved By
W,ark
Eluldget.Analyst De 4L e
Cf erity PV.arFaer's
Of, ice of lfan.,@errent & S ujvi�t 7,11 4!250'i M
Approved By
E,o 11 Jr
:;CPUty CijiNty
f �,OL-ity
7 1!. 5!2:),0, r 3: Plan
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PPL
FPL Account Number.
FPL Work Order Number: 3§05691
STREET LIGHTING AGREEMENT
In accordance with the following terms and conditions, The Board of Collier County Commissioners acting as the oovamina body of ttre
13mmhore Bea Mcation Municipal Services Taxing Unit (MSTU1 (hereinafter called the Customer), requests
on this 25 day of July, 2009, from FLORIDA POWER & LIGHT COMPANY (hereinafter called FPL), a corporation organized and existing under the
[Erws of the State of Florida, the following installation or modification of street fighting facilities at (general boundaries) side streeft of Bayshore Dr,
located in Napies/Collier, Florida.
(crty /county)
(a) Installation and/or removal of FPL -owned faciltties described as follows:
Liohts Installed Lights Removed
Fixture Rating Fixture Type # Installed Fixture Rating Fixture Type # Removed
m Lumens) (in Lumens
16,000 COBRA CUT OFF 68
PoL-s Installed Pole.. Removed Conductors installed Conductors Removed
Pole Tyne # Installed Pole Type # Removed
Feet not Under Paving Feet not Under Paving
? Feet Under Paving Feet Under Paving
(b) Modification to exis ±ing facifies other than descritet above (expiain fully)
hat, for and in consideration of vie covenants set forth herein, the parties hereto covenant and agree as follows:
FPL AGREES:
To install or modify the street lighting facilities described and identified above (hereinafter called the Street Lighting System), furnish to the
Customer the electric energy necessary for the operation of the Street Lighting System, and furnish such other senrioes as are specified in this
Agreement, all in accordance with the terms of FPL's currently effective street lighting rate schedule on file at the Florida Public Service
Commission (FPSC) or any successive street lighting rate sc- hedule approved by the FPSC.
THE CUSTOMER AGREES:
2. To pay a contribution in the amount of $0,ao.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 Street Lighting System.
4. To be responsible for paying, when due. all bills rendered by FPL pursuant to FPL's currently effective street lighting rate schedule on file at the
FPSC or any successive street 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 Street Lighting System.
6. To perform any Gearing, compacting, removal of stumps or other obstructions that conflict with construction, and drainage of ogritS- ol-way or
easements required by FPL to accommodate the street lighting facilities.
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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 street lighting agreement delineating the modifications to be accomplished. Modification of FPL street lighting facilities is defined
as the foliowing:
a. the addition of street sighting facilities:
b, the removal of street lighting facilities; and
c. the removal of street 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 street lighting rate schedule on file at the FPSC, or any
successive schedule approved by the FPSC.
8. FPL will, at the request of the Customer, relocate the street lighting facilities covered by this agreement, if provided sufficient right-of-ways or
easements to do so. The Customer shall be responsible for the payment of all costs associated with any such Customer- requested relocation
of FPL street fighting facilities. Payment shall be made by the Customer in advance of any relocation.
9. FPL may, at any time, substitute for any luminaire/lamp installed hereunder another luminaireliamp which shall be of at least equal illuminating
capacity and efficiency.
10. 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 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.
11. In the event street 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 original installed cost of the facilities
provided by FPL under this agreement less any salvage value and any depreciation (based on current depreciation rates as approved by the
FPSC) plus removal cost.
12. Should the Customer fail to pay any tills due and rendered pursuant to this agreement of 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
13. 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, ads 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 -doom 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.
14. 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.
15. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL.
16. 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 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;
FLORIDA POWER & LIGHT COMPANY
Customer (Print or type name of Organwation)
By: By.
Signature (Authorized Representative) (Signature)
Jeff Bryant
(Pnnt or type name) (Print or type name)
Idle: Construction Services Representative
P. g. 2 Df 2
FP &L Work Order Number: 3505691
ATTEST:
DWIGHT E. BROCK
BY:
FR &L
STREET LIGHTING AGREEMENT
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUN TY, FLORIDA
BY:
, DEPUTY CLERK DONNA FILA, CHAIRMAN
Approved as to form
and legal sufficiency
Heidi Cicko- Aston, Assistant County Attorney
Assistant County Attorney