HomeMy WebLinkAboutR-2018-032 DB Revitalization Phase II FPL Agreement RESOLUTION NO. 2018-032
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT WITH FLORIDA POWER & LIGHT
COMPANY FOR THE UNDERGROUND ELECTRICAL FACILITIES
CONVERSION ASSOCIATED WITH THE DANIA BEACH
REVITALIZATION PHASE II PROJECT WITHOUT COMPETITIVE
BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS IN THE
AMOUNT OF ONE HUNDRED EIGHTY NINE THOUSAND FOUR
HUNDRED EIGHTY THREE DOLLARS ($189,483.00), PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach City Commission desires to have the existing overhead
power lines located at the beach to be buried underground; and
WHEREAS, the Public Services Department is seeking City Commission approval to
enter into an Underground Facilities Conversion Agreement with Florida Power & Light
Company (FPL), a copy of which agreement is attached as "Exhibit A"; and
WHEREAS, FPL will provide the design and construction services to convert the
electrical mainline to an underground infrastructure; and
WHEREAS, the funding for the conversion of underground facilities is available in the
Capital Projects Beach Redevelopment Project Phase 11 Account No.301-72-60-572-63-10, in the
amount of One Hundred Eighty Nine Thousand Four Hundred Eighty Three Dollars
($189,483.00); and
WHEREAS, upon review by the Director of the City Public Services Department, he
recommends City Commission approval of the Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "WHEREAS" clauses are ratified and confirmed, and
they are made a part of and incorporated into this Resolution by this reference.
Section 2. That FPL submitted the Agreement to provide the design and
construction services of electrical main lines to include converting the lighting at the beach from
above ground to underground infrastructure in an amount not to exceed One Hundred Eighty
Nine Four Hundred and Eighty Three Dollars ($189,483.00).
Section 3. That funding is appropriated and available in the Capital Projects Beach
Redevelopment Project Phase II Account No.301-72-60-572-63-10, in the amount of One
Hundred Eighty Nine Thousand Four Hundred Eighty Three Dollars ($189,483.00).
Section 4. That the proper City officials are further authorized to enter into an
agreement with FPL.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on March 13, 2018.
ATTEST: mQn�p�Is Fr�r
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LOUISE STILSON, CMC TAMARA JA ES
CITY CLERK MAYOR
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APPROVED AS TO F ND CORRECTNESS:
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THOMAS 1. ANS O
CITY ATTORNE
2 RESOLUTION#2018-032
Third Revised Sheet No.9.720
FLORIDA POWER&LIGHT COMPANY Cancels Second Revised Sheet No.9.720
UNDERGROUND FACILITIEES CONVERSION AGREEMENT(NON-GAF)
This Agreement, is made and entered into this 21 day of Febru. 20181 by and between
City of Dania Beach CApplicant"), with an address of
100 W Dania Beach Blvd..Dania Beach,Florida 33004 and FLORIDA POWER & LIGHT
COMPANY ("ITPL"), a Florida corporation with an address of P.O. Box 14000, 700 Universe Boulevard, Juno Beach, FL
33408-0429.
WHEREAS, the Applicant has requested that FPL convert certain overhead electric distribution facilities located within the
following boundaries(the"Conversion7):
91 N BEACH RD,DANI
(collectively, the "E)dsting Overhead Facilities") to underground facilities, including transformers, switch cabinets and other
appurtenant facilities installed above ground as set forth in Attachment A hereof(collectively,the"Underground Facilities").
NOW THEREFORE, in consideration of the foregoing premises and the covenants and agreements set forth herein, and other
consideration the sufficiency of which is hereby acknowledged,the parties intending to be legally bound,hereby covenant and
agree as follows:
1. Avoided Storm Restoration Cost (11ASRC11) Eligibility Criteria. The Applicant represents and warrants that it
meets, and is capable and willing to enforce, the applicable eligibility criteria for the Conversion (select one of the
following ASRC Tiers):
ASRC
Tier 1:
a. In order fbr the Conversion to incorporate a sufficient amount of overhead facilities to provide electrical
continuity,the Conversion must include a minimum of approximately 3 pole line miles or approximately 200
detached dwelling units within contiguous or closely proximate geographic areas,(the "Conversion Ar&').
The Conversion may be completed in mutually agreed upon phases, with the project size minimums applying
to the aggregate project—provided that any necessary subsequent phase begins within a 1 year period from
completion of the prior phase and the minitnums are met within,at most 3 phases;and
b. The Applicant must require all customers within the Conversion Area who currently have overhead service
directly from the Existing Overhead Facilities to convert their service entrances to underground within 6
months of completion of the Underground Facilities installation or each phase thereof,and
c. If the Applicant requests that facilities be placed in the ROW, the Applicant must be willing and able to
execute a right of way("ROW") agreement with FPL or secure a ROW agreement through the appropriate
local government(s)with FPL;and
d. For any affected laterals,the complete lateral must be converted,including all stages of any multi-stage lateral;
and
e. There are no state or federal funds available to the Applicant to cover any portion of the cost of the
Conversion.
Special Circumstances. Conversions which do not meet the Tier 1 project size minimums described in section La
are eligible foT the ASRC in the following special circumstances:
i. An island or peninsula where 100%of the Existing Overhead Facilities are to be converted;or
I When the aggregate size of the first 3 phases of a project would satisfy the minimum size criteria but
for mutually-agreed engineering or logistical reasons, those phases are non-contiguous; provided that
(a)the next(4th)phase must be adjacent to one or more of the first 3 phases such that the combined
contiguous area meets the minimum size criteria, and (b) this 4th phase begins within 1 year from
completion of the 3rd phase.
(Continued on Sheet No.9.72 1)
Effective: November13,2008
FLORIDA POWER&LIGHT COMWANY Original Sheet-No.9.721
(Continued from Sheet No.9,720)
ASRC Tier 2. All eligibility criteria remain the same as Tier 1 with the exception that the Conversion Area must
only include between approximately I to 3 pole line miles or a minimum of approximately 85 detached dwelling units
within contiguous or closely proximate geographic areas.
(g,0087) ASRC Tier 3. A Conversion Area that is less than I pole line mile within contiguous or closely proximate
geographic areas. Additionally,Tier 1 requirements for project completion timing in paragraph I.a.,as well as,
paragraphs I.b.and
Ld.do not apply.
2. Contribution-in-Aid-of-Construction (MC). The Applicant shall pay FPL a CIAC as required by FPL's Electric Tariff and
Section 25-6.115 of the Florida Administrative Code.
i. CIAC(excluding ASRQ $201,746
ii. ASRC $10,087
iii. CIAC Due $189,483
In the event the actual cost of the Conversion(excluding ASRQ exceeds the estimate, the CIAC (excluding ASRC) shall be
adjusted by the lesser of(a)the difference between the actual cost of the Conversion and the estimate,or(b) 10%of the CIAC
(excluding ASRC) identified above. The ASRC shall also be adjusted accordingly and the Applicant shall pay FPL the
resulting difference in the amount of the CIAC Due.
3. Applicant-Instatled Facilities. The Applicant may,upon entering into an applicant-installed facilities agreement satisfactory
to FPL,construct and install all or a portion of the Underground Facilities. Such work must meet FPVs construction standards
and FPL will own and maintain the completed facilities. The Applicant agrees to rectify any deficiencies,found by FPL,prior
to the connection of any customers to the Underground Facilities and the removal of the Existing Overhead Facilities.
4. Compliance with Tariff. The Applicant agrees to comply with and abide by the requirements,terms,and conditions of FPL's
Electric Tariff.
5. Timing of Conversion. Upon compliance by the Applicant with the requirements,terms,and conditions of FPL's Electric Tariff,
this Agreement and any other applicable agreements,FPL will proceed in a timely manner with the Conversion in accordance
with the construction drawings and specifications set forth in Attachment A hereof.
6. Relocation. In the event that the Underground Facilities are part of,or are for the purposes of,relocation,then this Agreement
shall be an addendum to the relocation agreement between FPL and the Applicant In the event of any conflict between the
relocation agreement and this Agreement or the Electric Tariff,this Agreement and the Electric Tariff shall control.
7. Term. This Agreement shall remain in effect for as long as FPL or any successor or assign owns or operates the Underground
Facilities.
8. ASRC Repayment. If the Applicant does not satisfy the relevant eligibility criteria,the Applicant shall repay the ASRC within
30 days of written notice from FPL of such failure. Additionally, if at any point within 30 years of completion of the
Underground Facilities installation, the Applicant elects to have electric service within the Conversion Area supplied by a
provider other than FPL,the Applicant shall repay FPL a pro-rata share of the ASRC. The pro-rata share(which shall reflect
partial years)shall be determined as follows:
ASRC*-[(30—years since the Underground Facilities completion date)/30]
Non-governmental Applicants,whose CIAC includes a Tier I or Tier 2 ASRC, shall provide, at the time of execution of this
Agreement, either a surety bDnd or irrevocable bank letter of credit(the "Security Instrument") in a-form acceptable to FPL
evidencing ability to repay the ASRC. This Security Instrument shall remain in effect until such time as all customers within the
Conversion Area are converted. The Applicant may provide either an amended or replacement Security Instrument in a form
acceptable to FPL at any time to reflect the pro-rata adjustments to the ASRC amount. If,upon notice of cancellation or prior to
expiration of the Security Instrument', a replacement Security Instrument in a form acceptable to FPL is not provided by the
Applicant to FPL,FPL will require the third party issuing the Security Instrument to pay the full balance due in accordance with
this Agreement in cash,
(Continued on Sheet No.9.722)
lQqizpd hv! .1q-F..Rnmia-Dirpotnr-Rntoc-qnd TnriffQ
Effective: November13,2008
FLORIDA POWER&LIGHT CONRANY Original Sheet No.9.722
(Continued from Sheet No.9.72 1)
9. Termination Prior to the Conversion Completion. Failure by the Applicant to comply with any of the requirements,
terms, or conditions of this Agreement or FPL's Electric Tariff shall result in termination of this Agreement. The
Applicant may terminate this Agreement at any time prior to the start of the Conversion and the CIAC paid by the
Applicant will be refunded to the Applicant,provided however,that the refund of the CIAC shall be off-set by any costs
incurred by FPL in performing under the Agreement up to the date of termination.
10. Assignment. The Applicant shall not assign this Agreement without the written consent of FPL.
11. Adoption and Recording. This Agreement shall be adopted by the Applicant and maintained in the official records of
the Applicant for the duration of the term of this Agreement This Agreement also shall be recorded in the Official
Records of the County in which the Underground Facilities are located, in the place and in the manner in which deeds
are typically recorded.
12. Conflict between Terms of Franchise Agreement. In the event of a conflict between the terms of this Agreement and
any permit or franchise agreement entered into by Applicant and FPL,the terns of this Agreement shall control.
IN WITNESS WHEREOF,FPL and the Applicant have executed this Agreement on the date first set forth above.
APPLICANT FPL
Signed Signed
Name Name
Title Title
Signed
Name.
Title
Approved as to Terms and Conditions(if required by Applicant)
Signed
Name
Title
Approved as to Form.and Legal Sufficiency(if required by Applicant)
Signed
Name—
Title
Issued by: S.E.Romig,Director,Rates and Tariffs
Effective: November 13,2008