Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 26-R02, 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 (FPL) for the Installation or Modification of LED Streetlights throughout the City Located in the City Right-of-Way and Enter Into Related City Lighting Agreements.
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Submitted By: Antonio Balestrieri, P.Eng. MBA - Manager - Traffic Operations Division
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: City Agreement prepared by CAO, FPL Agreement prepared by FPL
2. Parties: City of Port St. Lucie and FPL
3. Purpose: To enter into FPL Lighting Agreements and City Lighting Agreements from time to time
4. New/Renewal/Modified: New
5. Duration: The City Lighting Agreement is a one-time payment and the duration of construction of the required improvements. The FPL Lighting Agreement is a term of ten years with extensions if not terminated pursuant to the agreement’s terms.
6. Benefits to Port St. Lucie: The City's Goal of high-quality infrastructure and facilities.
7. Cost to Port St. Lucie (Annual and Potential): each FPL Lighting Agreement contains different terms.
Presentation Information: Questions will be answered upon request.
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: Section 156.117 of the City’s Code requires that streetlighting be installed in all subdivisions and section 156.147 of the City Code identifies streetlighting as a component of improvements a developer is required to install within a subdivision. In some instances, it is deemed advantageous by the City to permit either a Developer or the City to utilize Florida Power and Light (“FPL”) owned streetlighting to satisfy these requirements. In some instances, it is also deemed advantageous by the City to utilize FPL owned streetlighting for City projects.
However, utilization of FPL owned streetlighting requires the City to enter into a LED Lighting Agreement with Florida Power & Light Company (“FPL Lighting Agreement”). The FPL Lighting Agreements provide for FPL to install or modify certain lighting facilities described and identified in each lighting agreement, to furnish to the City the electric energy necessary for the operation of the lighting facilities, and to furnish such other services as are specified in each 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 FPL Lighting Agreement also includes a monthly rental fee to cover installation and maintenance costs over and above electricity costs that the City is required to pay.
If use of FPL owned lighting is associated with a developer driven project, the developer is not required to pay any fees or costs with respect to the FPL Lighting Agreement because the City is the party who is required to enter into the FPL Lighting Agreement. Considering the long-term fees and costs to the City associated with entry in FPL Lighting Agreements, the City requires developers who utilize FPL streetlighting to enter into a separate Agreement with Respect to FPL Lighting Agreements for Roadways (“City Lighting Agreement”) with the City to ensure the Developer pays for its fair share of costs associated with required streetlighting. Some of the requirements contained within the City Lighting Agreement to ensure this include: (i) requirement that developer provide the City a lump sum payment of the estimated cost of what developer installation of the street lighting would have been; (ii) require developer to perform all preliminary streetlighting work; and (iii) require developer to perform any restoration or repair work necessitated by installation of FPL lighting whether the initial installation occurs pre or post turnover of the associated roadway.
Issues/Analysis: Staff desires that City Council authorize the City Manager or his designee to execute form FPL Lighting Agreements and form City Lighting Agreements to expedite the installation and construction process. Both agreements are attached to this agenda item.
Financial Information: n/a
Special Consideration: n/a
Location of Project: Throughout the City of Port St. Lucie
Attachments:
1. Resolution
2. FPL Lighting Agreement
3. City Lighting Agreement
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: 25357-03
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.