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2019-08-06 Ex 12CITY OF OKEECHOBEE, PUBLIC WORKS Memo The Public Works Department is recommending that the City accept a proposal from Florid Power and Light to upgrade the existing High Pressure Sodium (HPS) street lights within the City to new LED fixtures. The upgrade will be performed at no cost to the city for the new fixtures. The upgrade will also allow the City to upgrade our level of service to our customers without increasing our annual utility costs. Per the attached FPL presentation, the new LED fixtures offers the City several advantages: • Enhanced visibility due to increased illumines and more natural light temperature. o Increased visibility due to brighter lights o Better color rendering due to more natural light o Decreased Light Pollution. • Increased Reliability and Reportability To: Marcos Montes De Oca, City Administrator From: David Allen Date: 7/24/2019 Re: FPL Streetlight LED Upgrade Changing the Way Florida Looks at Night FPL LT-1 LED Lighting Tariff Kerry Lavette FPL LED Lighting Solutions OUR HISTORY RUNS DEEP FPL | LED Lighting Solutions 2 The Founding Company –Florida Power & Light Company (FPL) •Began in the final days of 1925 •Joined the New York Stock Exchange in 1950 •Largest electric utility in Florida •A leading Florida employer (approximately 8,900 employees) FOUNDED IN FLORIDA The Next Era Begins •In 2010, FPL’s parent company (FPL Group) was renamed NextEra Energy, a forward-looking enterprise that sees the future and gets there first •Headquartered in Juno Beach, Florida •Ranked the top “green utility” in the United States in 2015 and 2016 OUR HISTORY RUNS DEEP FPL | LED Lighting Solutions 3 FPL •Serves nearly 5 million accounts or more than 10 million people across nearly half of the state of Florida •Residential and business rates among the lowest in the state and the nation •One of the cleanest power plant fleets among all utilities nationwide NextEra •Operations in 30 states and Canada •Largest generator of renewable energy in the world •Capacity 45.9 GW PIONEERS OF POWER TARIFF OVERVIEW FPL | LED Lighting Solutions 4 * In cases where directional boring or other uncommon construction concerns exist, an upfront fee may be required A pproved by the PSC on April 28, 2017, this tariff provides for the installation of FPL owned LED lights at no upfront cost to customers*. •The Tariff allows us to offer a variety of LED street and area light solutions in a variety of different scenarios: -Convert HPS lights currently under SL -1 -Convert customer owned and maintained lights to LED -Install new LED street and area lights •Monthly fixture, maintenance, and energy charges are determined based on the fixture chosen by the customer •Customers may pay additional monthly charges for dedicated light poles, underground construction and conversions NEW LT-1 TARIFF LED STREET LIGHT CONVERSIONS ARE HAPPENING ACROSS THE US FPL | LED Lighting Solutions 5 JUST SOME OF THE US CITIES CONVERTING •Los Angeles, CA •Las Vegas, NV •Boston, MA •New York City, NY •West Palm Beach •Detroit, MI •San Francisco, CA •Cleveland, OH •St. Louis, MO •Portland, OR •Orlando, FL •Asheville, NC •Raleigh, NC •Oahu, HI •Pittsburg, PA •Pueblo, CO •Austin, TX •San Antonio, TX •Seattle, WA •Salt Lake City, UT •Phoenix, AZ •Anchorage, AK •Topeka, KS •Des Moines, IA •Chattanooga, TN •Canton, OH •Mobile, AL •Tampa, FL •Chicago, IL •Providence, RI DEMAND IS HIGH FOR LED STREET LIGHTS UNDER LT-1 FPL | Street Lighting Solutions 6 More than 40 municipalities have already signed up to do citywide conversions LED ADVANTAGES FPL | LED Lighting Solutions 7 LEDs offer: •Superior color rendition and differentiation -High color rendering index (CRI) -More natural colors than HPS •High efficiency -Energy savings up to 50 %+ •Greater variety of choices BENEFITS OF LED Comparison of LED fixtures (left) versus High Pressure Sodium (HPS) fixtures (right) Image from http://www.myLEDlighting guide.com LED ADVANTAGES FPL | LED Lighting Solutions 8 WHY CHOOSE LED OVER HPS? Compare light pollution contribution from HPS lights vs. LED Compare color rendering from HPS lights vs. LED on the building LED ADVANTAGES FPL | LED Lighting Solutions 9 WHY CHOOSE LED OVER HPS? Compare uplight component from HPS lights vs. LED Compare color rendering from HPS lights vs. LED on the stripe colors LED ADVANTAGES FPL | LED Lighting Solutions 10 LED ADVANTAGES FPL | LED Lighting Solutions 11 CITY OF LOS ANGELES LIGHTING CHOICES FPL | LED Lighting Solutions 12 Thanks to the flexibility of the new LT-1 tariff, we are able to offer dozens of street and area lighting options from leading LED manufacturers such as CREE, Cooper, Holophane, and AEL WE WORK WITH TOP BRANDS LIGHTING CHOICES FPL | LED Lighting Solutions 13 Color Temperature Thank you for your time FPL | Street Lighting Solutions 15 Questions? Page 1 of 4 FPL Account Number: 3624124784 FPL Work Request Number: LED LIGHTING AGREEMENT In accordance with the following terms and conditions, CITY OF OKEECHOBEE (hereinafter called the Customer), requests on this 22 day of June, 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) STREETLIGHTS, located in OKEECHOBEE , Florida. (a) Installation and/or removal of FPL-owned facilities described as follows: Poles Pole Type Existing Pole Count (A) # Installed (B) # Removed (C) New Pole Count (A+B-C) Wood Standard Concrete Standard Fiberglass Decorative Concrete Decorative Fiberglass Underground Conductor Type Existing Footage (A) Feet Installed (B) Feet Removed (C) New Footage (A+B-C) Under Pavement N/A(1) Not Under Pavement (1) All new conductor installed is in conduit and billed as Not Under Pavement Page 2 of 4 Fixtures (2) Type (HPSV,MV,LED) Manufacturer Watts Lumens Color Temperature (LED Only) Style Existing Fixture Count (A) # Installed (B) # Removed (C) New Fixture Count (A+B-C) HPSV 70 ROADWAY 157 157 LED CREE 41 5000 4000K RSW 157 157 HPSV 100 ROADWAY 82 82 LED AEL 45 8,653 4000K ATBS 82 82 HPSV 150 ROADWAY 4 4 LED CREE 102 10,882 4000K XSP2 4 4 HPSV 200 ROADWAY 103 103 LED AEL 133 16,593 4000K ATB2 103 103 HPSV 400 ROADWAY 1 1 LED AEL 268 32,329 4000k ATB2 1 1 (2) Catalog of available fixtures and the assigned billing tier for each can be viewed at www.fpl.com/partner/builders/lighting.html Page 3 of 4 (b) Modification to existing facilities other than described above (explain fully): 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 Page 4 of 4 either party shall have given written notice to the other of its desire to terminate this Agreement. The written notice shall be by 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: Customer (Print or type name of Organization) By:________________________________________________ Signature (Authorized Representative) ___________________________________________ (Print or type name) Title: _______________________________________________ FLORIDA POWER & LIGHT COMPANY By:_______________________________________________ (Signature) KERRY LAVETTE (Print or type name) Title: LED LIGHTING SOLUTIONS