Backup Documents 04/13/2021 Item #16D2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i O L
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.
2.
3. County Attorney Office County Attorney Office SRT 4/13/21
4. BCC Office Board of County PT by JH/s/ 4/13/21
Commissioners
5. Minutes and Records Clerk of Court's Office re 094/ f > 4
41,
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 Tessie Sillery and Harry Sells/CAT Contact Information 239-4988
Contact/Department
Agenda Date Item was April 13,2021 Agenda Item Number 16D2
Approved by the BCC
Type of Document FPL UFCA -Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A
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 N/A
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 MTS
signed by the Chairman,with the exception of most letters,must be reviewed and signed by
the Office of the County Attorney.
All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
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 MTS
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 MTS
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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 04/13/2021 and all changes made during MTS
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the BCC
all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
SPECIAL INSTRUCTIONS: (important to include the whole address below)and Please Email and/or
for Fed Ex sect.#. And a copy of the signed agreement to FED EX 2 originals to;Jerry Cook
DOE/JW
15430 Endeavor Drive s? '(��
Jupiter FL 33478 i
Crystal K. Kinzel
)c`1*c��T coURT�� Collier County
Clerk of the Circuit Court and Comptroller 1 L Q
x r E7
3315 Tamiami Trail East, Suite 102
r Naples, Florida 34112-5324
0 �P
C�FR Courrr.F`o4
April 16, 2021
Mr. Jerry Cook,
Enclosed find two original agreements approved by the Collier County Board
of Commissioners on Tuesday, April 13, 2021. Please have the document
signed and email a copy back to me at: Teresa.cannon@collierclerk.com.
Any questions please contact me at 239-252-8411.
Thank you,
Teresa Cannon, Sr. Deputy Clerk
Phone-(239)252-2646 Fax-(239) 252-2755
Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com
1bD2
Eighth Revised Sheet No.9.725
FLORIDA POWER&LIGHT COMPANY Cancels Seventh Revised Sheet No.9.725
UNDERGROUND FACILITIES CONVERSION AGREEMENT—
GOVERNMENTAL ADJUSTMENT FACTOR WAIVER
This Agreement is made and entered into this I.' day of clici L ,20 ,by and between Collier County("Local
Government Applicant"),a Florida municipal corporation or county with an address of_3299 Tamiami Trail Suite 103 and
FLORIDA POWER&LIGHT COMPANY("FPL"),a Florida corporation with an address of P.O.Box 14000,700 Universe
Boulevard,Juno Beach,FL 33408-0429.
WHEREAS, the Local Government Applicant has requested that FPL convert certain overhead electric distribution facilities
located within the following boundaries(the"Conversion"):
Vanderbilt Drive from Immokalee Rd to the south side of Frank Hales Bridge
(collectively, the "Existing Overhead Facilities") to underground facilities, including'transformers, switch cabinets and other
appurtenant facilities installed above ground as set forth in Attachment A hereof(collectively,the"Underground Facilities",WR
#5686943).
NOW THEREFORE, in consideration of the foregoing premises and the covenants and agreements set forth herein, and other
consideration the sufficiency of which is hereby acknowledged,the parties intending to be legally bound, hereby covenant and
agree as follows:
1. Governmental Adjustment Factor Waiver("GAF Waiver")Eligibility Criteria.The Local Government Applicant
represents and warrants that it meets the following eligibility criteria for the Conversion:
a. In order for the Conversion to incorporate a sufficient amount of overhead facilities to provide electrical
continuity,the Conversion must include a minimum of approximately 3 pole line miles or approximately 200
detached dwelling units within contiguous or closely proximate geographic areas(the "Conversion Area").
The Conversion may be completed in mutually agreed upon phases,with the project size minimums applying
to the aggregate project—provided that any necessary subsequent phase begins within a 1 year period from
completion of the prior phase and the minimums are met within,at most,3 phases;and
b. The Local Government Applicant must require all customers within the Conversion Area who currently have
overhead service directly from the Existing Overhead Facilities to convert their service entrances to
underground within 6 months of completion of the Underground Facilities installation or each phase thereat
and
c. The Local Government Applicant must be willing and able to execute a right of way("ROW")agreement with
FPL if the Local Government Applicant requests that facilities be placed in the ROW;and
d. For any affected laterals,the complete lateral must be converted,including all stages of any multi-stage lateral;
and
e. The Local Government Applicant must demonstrate to the reasonable satisfaction of FPL that the sum of the
GAF Waiver credit plus any federal or state funds that the Local Government Applicant is able to use to
support the Conversion does not exceed the otherwise applicable CIAC as calculated before application of the
GAF Waiver.
Special Circumstances. Conversions which do not meet the project size minimums described in section 1.a are
eligible for the GAF Waiver in the following special circumstances:
i. 100% of the Existing Overhead Facilities within the Local Government Applicant's corporate
limits are to be converted,but are less than the pole line mileage or dwelling unit minimums;or
ii. A single lateral that serves at least one Critical Infrastructure Facility as determined by the
appropriate local agency with the mutual agreement of FPL;or
iii. An island or peninsula where 100%of the Existing Overhead Facilities are to be converted;or
(Continued on Sheet No.9.726)
Issued by: S.E.Romig,Director,Rates and Tariffs
Effective: April 6,2010
1 `)
1 � D2
Fifth Revised Sheet No.9.726
FLORIDA POWER&LIGHT COMPANY Cancels Fourth Revised Sheet No.9.726
(Continued from Sheet No.9.725)
iv. When the aggregate size of the first 3 phases of a project would satisfy the minimum size criteria but,
for mutually-agreed engineering or logistical reasons,those phases are non-contiguous;provided that
(a)the next(4t)phase must be adjacent to one or more of the first 3 phases such that the combined
contiguous area meets the minimum size criteria, and (b) this 4`" phase begins within 1 year from
completion of the 3i phase.
2. Contribution-in-Aid-of-Construction (CIAC). The Local Government Applicant shall pay FPL a CIAC as
required by FPL's Electric Tariff and Section 25-6.115 of the Florida Administrative Code with the Otherwise
Applicable CIAC amount reduced by the GAF Waiver.
i. Otherwise Applicable CRC $_ 484,221_
ii. GAF Waiver $ -314081_
iii. CIAC Due $� 170,141 (Cost.performs ALL UG work)
In the event the actual cost of the Conversion exceeds the estimate, the Otherwise Applicable CIAC shall be
adjusted by the lesser of(a)the difference between the actual cost of the Conversion and the estimate,or(b) 10%
of the Otherwise Applicable CIAC identified above. The GAF Waiver shall also be adjusted accordingly and the
Local Government Applicant shall pay FPL the resulting difference in the amount of the CIAC Due.
3. Applicant-Installed Facilities. The Local Government Applicant may, upon entering into an applicant-
installed facilities agreement satisfactory to FPL, construct and install all or a portion of the Underground
Facilities. Such work must meet FPL's construction standards and FPL will own and maintain the completed
facilities. The Local Government Applicant agrees to rectify any deficiencies, found by FPL, prior to the
connection of any customers to the Underground Facilities and the removal of the Existing Overhead Facilities.
4, Compliance with Tariff. The Local Government Applicant agrees to comply with and abide by the
requirements,terms,and conditions of FPL's Electric Tariff.
5. Timing of Conversion. Upon compliance by the Local Government Applicant with the requirements,terms,and
conditions of FPL's Electric Tariff, this Agreement and any other applicable agreements,FPL will proceed in a
timely manner with the Conversion in accordance with the construction drawings and specifications set forth in
Attachment A hereof.
6. Relocation. In the event that the Underground Facilities are part of,or are for the purposes of, relocation, then
this Agreement shall be an addendum to the relocation agreement between FPL and the Local Government
Applicant. In the event of any conflict between the relocation agreement and this Agreement or the Electric
Tariff,this Agreement and the Electric Tariff shall control.
7. Term. This Agreement shall remain in effect for as long as FPL or any successor or assign owns or operates the
Underground Facilities.
8. GAF Waiver Repayment. If the Local Government Applicant does not satisfy the relevant eligibility criteria,the
Local Government Applicant shall repay the GAF Waiver within 30 days of written notice from FPL of such
failure. Additionally,if at any point within 30 years of completion of the Underground Facilities installation,the
Local Government Applicant elects to have electric service within the Conversion Area supplied by a provider
other than FPL,the Local Government Applicant shall repay FPL a pro-rata share of the GAF Waiver. The pro-
rata share(which shall reflect partial years)shall be determined as follows:
GAF Waiver*[(30—years since the Underground Facilities completion date)/301
(Continued on Sheet No.9.727)
Issued by: S.E.Romig,Director,Rates and Tariffs
Effective: April 4,2006
1602
FLORIDA POWER&LIGHT COMPANY Original Sheet No.9.727
(Continued from Sheet No.9.726)
9. Termination Prior to the Conversion Completion. Failure by the Local Government Applicant to comply with
any of the requirements,terms,or conditions of this Agreement or FPL's Electric Tariff shall result in termination of
this Agreement. The Local Government Applicant may terminate this Agreement at any time prior to the start of
the Conversion and the CIAC paid by the Local Government Applicant will be refunded to the Local Government
Applicant; provided however, that the refund of the CIAC shall be offset by any costs incurred by FPL in
performing under the Agreement up to the date of termination.
10. Assignment. The Local Government Applicant shall not assign this Agreement without the written consent of FPL.
11. Adoption and Recording. This Agreement shall be adopted by the Local Government Applicant and maintained
in the official records of the Local Government Applicant for the duration of the term of this Agreement. This
Agreement also shall be recorded in the Official Records of the County in which the Underground Facilities are
located,in the place and in the manner in which deeds are typically recorded.
12. Conflict between Terms of Franchise Agreement. In the event of a conflict between the terms of this Agreement
and any permit or franchise agreement entered into by Local Government Applicant and FPL, the terms of this
Agreement shall control.
IN WITNESS WHEREOF,FPL and the Local Government Applicant have executed this Agreement on the date first set
forth above.
COLLIE 1NTY FPI.
L),//M—
Si nedGii-V Signed
Name— .Slc\ �4��Q1 Name J e.rr' C -
Title _ Title �. Di f LG41— p(0) k bevol u
Signed
Name
ATTE3T:
Title CRY 'TAL K. KIN.. 'I CLERK
(sic
Approved as to Terms and Conditions ---
Attest as to G Irian sl r
Signed _
SiCi;141VQ nnh(
Name
Title
Approved as to Form and Legal-Sufficiency )¢r)' ,
Signed ,c„ / _
Name U n/ 7
Title gyp" °� 0..4>z 1,1 j 00 VV7
Issued by: S.E.Romig,Director,Rates and Tariffs ;x
Effective: April 4,2006
1602
Overhead to Underground Conversion - Customer Cost Sheet
Project:Collier County-Vanderbilt Beach Ph 4 Date Estimate Provided to Customer: Feburary 16,2021
Customer Performs ALL UG Work
Underground Cost
New UG Installation(+) $944,431 Cost for FPL to install new underground facilities
Equivalent OH Installation(-) ($237,607) Cost to install an overhead system at current hardening standards
Existing Overhead Cost
OH Removal Cost&Make ready(+ $0 Cost for FPL to remove existing overhead facilities
Existing OH Value(+) $0 Net Book Value of existing OH facilities to be removed
Operational Costs Differential(+) ($222,603) 30-year Net present value of the est.operational OH/UG Diff.cost
Salvage Value(-) $0 Credit for re-usable items
Subtotal* $484,221 Total customer contribution as specified in Tariff 12.2.3
($314,081) GAF-25%
CIAC $170,141
Engineering Deposit(-) ($7,782) Engineering deposit previously collected
Subtotal* $162,359
Net Due FPL 5162,359 Total customer contribution owed
Cost Breakdowns for Customer Contributions
Total LaborNehicle Material Direct Engineering,
Supervision,and Support
New UG Facilities(+) $944,431 ($15,769) $712,102 $248,098
Credit for equivalent OH(-) ($237,607) ($117,844) ($81,325) ($38.438)
OH Removal Cost&Make ready(+, $0 $0 $0 $0
Total $706,824 ($133,613) $630,777 $209,660
Net Book Value(+) $0
Operational Costs Differential(+) ($222,603) 1.2 miles
Salvage Value(-) $0
Subtotal* $484,221
GAF ($314,081)
CIAC $170,141
Engineering Deposit(-) ($7,782) Engineering deposit previously collected
Subtotal' $162,359
Net Due FPL $162,359
Major Material Breakdown
Quantity Item
30,407 Primary UG Cable(feet)
6 UG Switch Cabinet (5 Vista Sw's)
6 UG Transformer(each)
8 Splice box for UG feeder(each)
18,960 OH Primary Conductor(feet)
30 Poles(each)
4 OH Transformer(each)
1,611 Primary UG Cable(feet)