Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 21-R56, A Resolution of the City Council of the City of Port St. Lucie, Florida, Authorizing the City Manager to Execute Light Emitting Diode (LED) Lighting Agreements with Florida Power & Light Company for the Installation or Modification of LED Streetlights throughout the City, Located in the City Right-Of-Way; Providing for Conflict; Providing for Severability; and Providing an Effective Date
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Submitted By: Heath Stocton, P.E., Assistant Director, Public Works
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Florida Power & Light Company (FPL)
2. Parties: City of Port St. Lucie (City) & FPL
3. Purpose: FPL requires the City to execute LED Lighting Agreements for the proposed purpose of installing (adding, removing and modifying) the roadway lighting facilities within City rights-of-way.
4. New/Renewal/Modified: New
5. Duration: Each agreement will be 10 years with 5-year renewals.
6. Benefits to Port St. Lucie: Roadway lighting along City roadways will be owned and maintained by FPL.
7. Cost to Port St. Lucie (Annual and Potential): City is responsible for a fixed rate cost per lighting assembly. This cost will vary per agreement depending upon the total number of lighting assemblies installed.
Presentation Information: N/A
Staff Recommendation: Move that the Council approve the Resolution.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Resolution.
2. Move that the Council not approve the Resolution and provide Staff direction.
Background: Developers within the City are requesting FPL owned and maintained street lighting be installed on their projects. Since the roadways will be turned over to the City and the City will pay the fixture fee, FPL requires an agreement between themselves and the City. The agreement is assignable if the (right-of-way) real property is sold but does not relieve the City of its obligations. FPL will own the lighting facilities in perpetuity.
Issues/Analysis: This resolution authorizes the City Manager to exercise his administrative authority and to enter into the LED Lighting Agreement between FPL and the City. Following approval of the resolution, the Agreements will no longer be presented to City Council for approval.
Financial Information: The agreement provides that the City will pay the bills when due. The City is providing access, grading, easements, and drawings showing the locations of the structures and responsible to identify non-FPL utilities. The City is responsible to clear, compact and remove stumps in conflict with construction, drainage or easements. FPL agrees to relocate lighting facilities if FPL is provided with right-of-way or easements, but the City is responsible for the payment of costs. The actual cost to be paid by the City will vary per agreement dependent upon the number of lighting assemblies included in that agreement. All payments will made from Public Works’ Road and Bridge fund.
Special Consideration: Execution of the LED Lighting Agreements is critical to the Projects. However, the agreement does not provide the sovereign immunity language or monetary caps normally found in City contracts.
Location of Project: Citywide, but typically in the Tradition and Southern Grove areas.
Attachments: Resolution
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 6437
Legal Sufficiency Review:
Reviewed by Stefanie Beskovoyne, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.