Ord No 19-22-2440ORDINANCE NO. 19-22-2440
An Ordinance establishing an electric franchise with Florida Power & Light Company
for the construction, installation, and power ing of new LED streetlights within the
City of South Miami, including at Paseo Park.
WHEREAS, t hrough Fl orida Power & Li gh t Company ("FPL"), the City desires to construct and activate
two (2) new streetlight pole structures at Paseo Park, folio number 09-4024-000-0780, located at proposed
add re ss 5000 SW 63 Avenue; and
WHEREAS, on Jul y 5, 2022, the Mayor and City Commission passed and adopted Ordi nance n u mber
076-22-15829 regarding new park development at Paseo Park; and
WHEREAS, the final development plan entails a swi ng structure with pou r ed -in-place protective
surface, a mini library station, concrete sidewalk improvements, park identification signage and standard
f urnitur e (i.e. trash receptacles, benches), a combination of new tree and plant species installation and
remova l, and p roposed LED lighting to be provided and constructed by Florida Power & Light Company
("FP L"); and
WHEREAS, the ex isting executed agreeme nt between the City of So ut h Miami and FP L, O rdin ance
number 09-19-2322, permits the conversion of exis ti ng streetlig hts fixtures t o LED on ly; and
WHEREAS, FP L is a public utility which has demo nstrated the ability to construct, install, supply street
lighting service s; and
WHEREAS, FPL req uires a 10-year com mitment from the date of in itiation of service and shall extend
t hereafter for further successive pe riod s of five (5) years from the expiration of the initi al ten (10) year term
or from the ex p iration of any extension th ereof. The date of in itiation of se r v ice sha ll be defined as t he date
t he first lig hts a r e energized and billing begins. The Agreement sha ll be extended automatica ll y beyond the
initial ten (10) year term or any exte nsion the r eof, unless eithe r party shall have give n w ritten notice to the
other of it s desire to term i na t e this Agreement; and
WHEREAS, the City Charter prohi bits contracts t h at exceed 5-years for the purchase of goods and /or
servic.e5, but allows fran chise agreements lasting up to 50 years; and
WHEREAS, the one-time co ntri b ution in aid of co nstru ction of streetligh ts (2) is $250 .85. The monthly
fee for fixtu r es and poles in accordance to the Li ght i ng tariff, and add it i ona l lighting charge is $16.22. As per
the agreement, the City also agrees to pay t he monthly maintenance an d energy r ates, currently esti mated
at $32.34, and may be adjusted to review and approval by the Fl orida Pub li c Serv i ce Commission ("FPSC");
and
WHEREAS, the City Commission of the City of South Miami deems it to be in t he public interest to
e nte r into these i nstallation agreem ents defining the rights and responsib il ities of the parti es as they relate
to the construction, installation, and maintena nce of new electrical facilities and the exchange of other good
a nd val ua ble consideration bet ween th e parties.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF
SOUTH MIAMI, FLORIDA:
Page 1 of 2
Ord. No. 19-22 -2440
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are
hereby made a specific part of this o rdinan ce upon adoption hereof.
Section 2. The City Manager is hereby authorized to execute a contract and to procure construction
services from Florida Power & Ligh t Company for construc tion , installation, and power of streetlight pole
structures within the City of South Miami, including Paseo Park. The init ial term of the street lighting franchise
agreement shall be 10-years and can 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
Agreement shall be extended automatically beyond the initial ten (10) year term or any extension the reof,
unless either party shal l have given written notice to the other of its desi r e to terminate this Agreement,
provided the initial term and all extensions do not exceed 50 years. Additional construction for streetlights
may be ordered by the City Manager during this contract under terms that are substantially similar to the
terms in the attached Agreement if approved by resolution of the City Commission.
Section 3. Corrections. Conforming language or technical scrivener-type corrections may be made
by the City Attorney for any conforming amendments to be incorporated into the final ordinance for
signature.
Section 4. Severability . If any section claus e, sentence, or phrase of this ordina nce is for any reason
held invalid or unconstitutional by a court of competent jurisd iction, t he holding will not affect the validity of
the remaining portions of this ordinance.
Section 5. Ordinance in Conflict. All ordinances or parts of ordina nce s and al l sections and parts of
sect ions of ordinances in direct conflict herewith are repealed.
Section 6. Effective Date. This ordinance w ill become effective immedi ate ly upon adoption.
PASSED AND ENACTED this 20th day of Se ptember, 2022.
ATTEST:
CITY CL\l:RK 0
p t Reading: 9/6/22
2nd Reading: 9/20/22
READ AND APPROVED AS TO FORM ,
LANGUAGE, LEGALITY, AND EXE~UTIO;:;~
CT2SNEY
APPROVED:
COMMISSION VOTE:
Mayor Philips:
Commissioner Harris:
Commissioner Gil:
Commissioner Liebman:
Commissione r Corey:
Page 2 of 2
4-1
Yea
Yea
Yea
Nay
Yea
@ FPL Account Numb er: 3085760399
FPL FPL Wori< Req uest Number: ____ _
LED LIGHTING AGREEMENT
In accordance with the following terms and conditions , City of South Miami (hereinafter called the Customer), requests on this 10th day of
June, 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) Paseo Pari<, located in South
Miami, Florida.
(a) Installation and/or removal of FPL-owned faci lities described as fo ll ows:
C o lor # #
F i xture Description (1 ) Watts Lumens Temoe rature Insta lled Removed
T radition al Carriag e with S i de Panel 39 3500 3000K 2
(1) Catalog of available fix1ures and the assigned billing tier for each can be viewed at VNIW.fpl.com/led
Pole Description # #
Installed Removed
Stand Fiberglass 20ft 2
(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): __
2
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 desaibed 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 $16.22
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 $250.85 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 dearing 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 the fixture.
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 FPSC.
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 dear 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
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 tem1inate this Agreement. The written notice shall be by certified mail and
sh all be given not less than ninety (90) days before the expiration of the initial ten (10) year t erm, or any extension thereof.
15. In the even t lighting facilities covered by this agreement are removed , either at the request of the Customer or t hrough temiination 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 bill s due and rendered pursuant to this agreement or otherwise fail to perfom, 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 o f its rights. It is understood , however, that such discontinuance of t he 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 perfomi
any of the temis 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 o r entire shu t-down of service which , in the sole opi nion 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 s uper sedes all previous Agreements or representations. either written , oral. or otherwise between the Customer andFPL,
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, inducting . 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 temis 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 yea r first written ab ove.
Charges and Temis Accepted :
FLORIDA POWER & LIGHT CO MPANY
By: _________________ _
(Sig nature)
~ Ariel 0. L azo
(Print or type name) (Print or type name)
Title: FPL LED Lighting Cons ultant
Attested :
4
By:
LED Lighting Plan
TOTAL
. • I .
1
Quantity:
FPL Non-LED Conversion
Full/Hybnd
FPL NWP..ea·
SUB TOTAL
Installation Details
2
No
Full
Yes
2
Additional Lighting Charge (ALC)
TOTAL 2
"lndudn ft'rture lee and monthly con\'er&ion fee v.tlere applicabte
Paseo Park
2
select fi Xlure
fiXlure pole
select pole
Fixture•
s
Pol e S
Maintenance
Ener ••
Month! Total
s
ALC FEE
Total $
s
··1ndude1 No~Fuel Enffgy charge Fuel C0flservat1on. Capacity . Emr:,onmental and Stotm Charges
Based upon FPL b-' rale& u of 01 .01.22
$ 48.56 S
Existing Option 1 Option 2
Existing
Tradi tional Ca rriage 39 Watt 3000K
(Post Top)
Standa rd Fib erglass
s 8.99
s 17.78
s 2.60
s 2.97
s 32.34
s 32.34 S
16.22
s 1 6.22
s 48.56
16.22