Loading...
Backup Documents 04/12/2022 Item #16B2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 8 Z 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. 2. County Attorney Office County Attorney Office )O5 5akir► LibZ 3. BCC Office Board of County Commissioners t,✓1 /10 / / '1 12/2 t 4. Minutes and Records Clerk of Court's Office 5. Tami Scott Bayshore CRA TS 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 Tami Scott Phone Number (239)252-8845 Contact/ Department Agenda Date Item was April 12,2022 ./ Agenda Item Number 16.B.2 - Approved by the BCC Type of Document FPL Lighting Agreement ✓ Number of Original 1 / 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 column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 51-- ' ' ok' TS 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 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 TS Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the TS 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 TS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip TS 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 04/12/2022 and all changes made during TS 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. 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 lAk I ej an option for Chairman's signature. this line. 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 I602 FPL Account Number:0417488541 FPL FPL Work Request Number: LED LIGHTING AGREEMENT In accordance with the following terms and conditions,COLLIER COUNTY BOCC.(hereinafter called the Customer),requests on this 18 day of February,2022,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)Sabel Shores,located in Naples,Florida. (a) Installation and/or removal of FPL-owned facilities described as follows: Color # # Fixture Description(1) Watts Lumens Temperature Installed Removed LED Roadway 59 7,500 4000K 8 0 (1) Catalog of available fixtures and the assigned billing tier for each can be viewed at vx w fpl.com,1ed 1 9 1682 . Pole Description # # Installed Removed (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):Install LED lights on existing wood poles with 6'bracket. 2 1 6B2 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$0.00 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 S0.00 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 thefixture. 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 F PSC. 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 n 16 2 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 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 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 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. 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 representativesto be effective as of the day and year first written above. Charges and Terms Accepted: 1� LIER COON :OCC. FLORIDA POWER&LIGHT COMPANY Gusto r(Pri o• y• ••c. .f Organization urc 1 c• neLAN . r_ Eric S. Culling �°4" ` FK=`- Mt U] •050> By: By: Signature(` thorized Representative) (Signature) :•1 ,IVIADaniel, Jr., Chairman Eric S.Culling (Print or type rrame) (Print or type name) /� Title: ��1 ) Title:Sr.Re resentative-LED Li htin Solutions A I IFS I Approve -and-legality CRY,S C. . K. KINZEI_..i r.t?r. 4 i l — 0,4 • tt aty Attorney 3 �] Chatham's t� ream nnt"