Loading...
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.