VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT

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1 VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Steven J. Hallock, Director of Public Works DATE: October 12, 2017 SUBJECT: RESOLUTION Approval of a LED Lighting Agreement with Florida Power & Light Company ( FPL) FPL has a new LED street light tariff which allows the Village to convert its existing FPL full maintenance lights to LED at no upfront cost, and reduce the Village' s monthly street light expenses by approximately $ 750/ per month. Staff has selected LED lights from FPL' s catalog that will provide comparable levels of lighting throughout the Village. The traditional post top fixtures throughout the Village will be replaced with LED fixtures that look virtually identical to the existing ones, except for the light. Traditional Post Top In addition to reducing the Village' s monthly street light bill, the conversion to LED lights offers many advantages. LED lights are more energy efficient providing a reduction in energy usage of approximately 50% ( energy cost savings are included in the $ 750 reduction per month). LED lights have a higher color rendering index which makes it easier to differentiate colors at night and are more directional, which reduces light pollution. The terms and conditions of the LED Street Light Agreement are essentially the same as our existing agreement with FPL. The entire conversion is going to take 4 6 months and needs to be phased in. As a result, the plan is to work through the Village in the following phases: Everything east of US -1. Alternate AIA (811) and the area south of the river between 811 and Prosperity Farms. Northlake and everything south of the river between Prosperity and US -1. Between the Earman River and Burns Road, west of the North Palm Beach Waterway. Between the River and the inlet between US -1 and the NPB Waterway. Everything north of Burns Road and the Inlet.

2 Representatives from FPL will be attending the meeting to assist Staff with addressing any Village Council questions or concerns. The attached resolution and agreement have been reviewed by your Village Attorney for legal sufficiency. Recommendation: Village Administration requests Council consideration and approval of the attached Resolution approving an LED Lighting Agreement with Florida Power & Light Company FPL) and authorizing the Village Manager to execute the Agreement in accordance with Village policies and procedures.

FPL.. QED street and Area LIghtlng A practical and inexpensive way to bring all of the advantages of LED lighting to your community FPL offers a variety of premium street lighting options using LED

3 FPL.. QED street and Area LIghtlng A practical and inexpensive way to bring all of the advantages of LED lighting to your community FPL offers a variety of premium street lighting options using LED technology, providing whiter, brighter and more consistent light. Two tariff options provide financial flexibility: LT -1 Tariff Typically no upfront capital is required. Material, installation, maintenance are paid in monthly service fees. and energy costs PL - 1 Tariff Material and installation costs are paid upfront and monthly payment covers energy and maintenance. The image on the right is a comparison of LED fixtures versus High Pressure Sodium ( HPS). Superior light distribution Less light wasted equals less light needed Better color rendition Colors, lines and objects are easier to distinguish; improves visibility and safety Reduced energy consumption Reduced carbon footprint and lower energy bills More dependable fixtures Fewer outages and lower maintenance costs Greater variety More choices to address diverse needs FPL -- Leaders in Light Providing street light services for over 60 years Own and maintain over 500, 000 lights throughout our territory Broad selection of lighting solutions specifically chosen to withstand coastal environment All lights equipped with Smart Nodes that auto generate light outage notifications WWW. FPL. COM/ LED

4 North Palm Beach Understand your needs New LT -1 Tariff Approved 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 different scenarios: Convert HPS lights currently under SL -1 Convert City owned and maintained lights Install new LED street and area lights and area light solutions in a variety of 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 Benefits of Smart Lights Dramatically reduce the time it takes to discover and repair an outage or other light related issue Tell us not only that there is a problem, but also exactly what the problem is Before this technology, we relied on customer calls to detect outages Inventory Summary City Owned/ Energy Only HPS HPS HPS HPSO total 173 FPL Full Maintenance HPS HPS0150- CO 50 HPS0150- PT 49 HPS total 455

a FPL LED Lighting Plan North Palm Beach Installation Details Option 1.. 1 select fixture: HPS0100 RSW 41 Watt 4000K Vs Fixture Highlighted Option select pole: Fixture" $ 1, 168. 20 $ 1, 613.

6 a FPL LED Lighting Plan North Palm Beach Installation Details Option select fixture: HPS0100 RSW 41 Watt 4000K Vs Fixture Highlighted Option select pole: Fixture" $ 1, $ 1, $ Quantity: 295 Pole # VALUE! Conversion: Yes Maintenance $ $ $ ( ) Full/ Hybrid: Full Energy"" $ 1, $ $ ( ) Total $ 2, $ 2, $ ( ) 7965 Installation. 2 select fixture: HPS0150 ATBS 76 Watt Fixture vs Highlighted Option select pole: Fixture" $ $ $ Quantity: 49 Pole # VALUE! Conversion: Yes Maintenance $ $ $ ( 8. 33) Full/ Hybrid: Full Energy"" $ $ $ ( ) Total $ $ $ ( ) InstallationOption. 3 select fixture: HPS0150 RSW 41 Watt 4000K vs Fixture Highlighted Option select pole: Fixture" $ $ 5.47 $ Quantity: 1 Pole # VALUE! Conversion: Yes Maintenance $ $ $ ( 0. 17) Full/ Hybrid: Full Energy"" $ $ $ ( 3. 84) Total $ $ 8.36 $ ( 2. 62) 46 3 stallation1 Q Coma select fixture: HPS0150 American Rev 73 Watt 4000K vs Fixture Highlighted Option select pole: Fixture" Quantity: 49 Pole VALUE! Conversion: Yes Maintenance ) Full/ Hybrid: Full Energy"" )

Total $ 537. 81 $ 458. 80 $ ( 79. 01) 1715 Details O 5 select fixture: HPS0200 Roadway ATBM 115 Watt G2 Fixture vs Highlighted Option select pole: Quantity: 58 Pole Fixture" 358. 44 317. 26 41.

7 Total $ $ $ ( ) 1715 Details O 5 select fixture: HPS0200 Roadway ATBM 115 Watt G2 Fixture vs Highlighted Option select pole: Quantity: 58 Pole Fixture" ) VALUE! Conversion: Yes Maintenance Full/ Hybrid: Full Energy"" ) ) Total ) 2784 Details O 66 select fixture: HPS0200 HPS0200 RSW RSW Watt Watt 4000K 4000K Roadway C2 Fixture Vs Highlighted Option select select pole: pole: Fixture" Fixture" ) Quantity: Quantity: 3 Pole Conversion: Yes Maintenance Maintenance VALUE! Full/ Hybrid: Full Energy"" Energy"" Total ) ) SUB TOTAL 455 4, , Compare ) Includes fixture fee and $. 97 per month conversion charge Includes Non -fuel Energy Charge, Fuel, Conservation, Capacity, Environmental, and Storm charges which are tied to kwh Numbers above do not include sales tax and franchise fees

8 RESOLUTION A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AN LED LIGHTING AGREEMENT WITH FLORIDA POWER AND LIGHT AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Power & Light (" FPL") has a new approved tariff that will allow the Village to convert its existing full maintenance lights to LED lighting at no upfront cost to the Village and will reduce the Village' s monthly street lighting expenses; and WHEREAS, in order to convert its street lights to LED lighting, the Village is required to enter into an LED Lighting Agreement with FPL; and WHEREAS, the Village Council determines that the execution of the LED Lighting Agreement is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council of the Village of North Palm Beach, Florida, hereby approves an LED Lighting Agreement with Florida Power & Light, a copy of which is attached hereto and incorporated herein by reference, and authorizes the Village Manager to execute the Agreement on behalf of the Village. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS DAY OF Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 1

9 FPL Account Number: FPL Work Request Number: LED LIGHTING AGREEMENT In accordance with the following terms and conditions, Village of North Palm Beach ( hereinafter called the Customer), requests on this day of August, 2017, 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) village wide, located in North Palm Beach, Florida. a) Installation and/or removal of FPL -owned facilities described as follows: Poles Pole Type 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 A) Footage Feet Installed B) Feet Removed C) New Footage A+ B- C) Under Pavement N/ N/ A( A( t) t) Not Under Pavement 1) All new conductor installed is in conduit and billed as Not Under Pavement Page 1 of 4

10 Fixtures ( 2' New Color Fixture Fixture Type Temperature Count Installed Removed Count HPSV, MV, LED) Manufacturer Watts Lumens LED Only) Style A) B) C) A+ B- C) HPSV 100 Cobrahead LED HPSV LED LED HPSV LED HPSV LED LED CREE K RSW Cobrahead AEL K ATBS CREE K RSW Post Top Traditional AEL K American Rev Cobrahead AEL K ATBM CREE K RSW ) Catalog of available fixtures and the assigned billing tier for each can be viewed at www. fpl. com/ partner/ builders/ lighting. html Page 2 of 4

11 b) Modification to existing facilities other than described above ( explain fully): None That, for and in consideration of the covenants set forth herein, the parties hereto covenant and agree as follows: FPL AGREES: 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 $ 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 either party shall have given written notice to the other of its desire to terminate this Agreement. The written notice shall be by Page 3 of 4

12 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: Village of North Palm Beach FLORIDA POWER & LIGHT COMPANY Customer (Print or type name of Organization) By: Signature ( Authorized Representative) By: Signature) Francisco J. Arbide Print or type name) Print or type name) Title: Title: Business Development Manager Page 4 of 4

SERVICE CLASSIFICATION NO. 6

P.S.C. NO. 3 ELECTRICITY LEAF: 293 ORANGE AND ROCKLAND UTILITIES, INC. REVISION: 2 INITIAL EFFECTIVE DATE: July 19, 2012 SUPERSEDING REVISION: 1 SERVICE CLASSIFICATION NO. 6 APPLICABLE TO USE OF SERVICE