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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Cler FROM: Victoria Mendez, City Att 1 2 DATE: May 1, 2020 RE: Resolution No. 20-0118 - Execute - MOU City Energy Project File No. 7305 At its April 23, 2020 meeting, the City Commission adopted the above referenced agenda item, CAA, authorizing the City Manager to negotiate and execute a Memorandum of Understanding, in a form acceptable to the City Attorney, between the City of Miami and Natural Resource Defense Council, Inc., a New York not for profit corporation, for the City Energy Project. The item inadvertently contained an incorrect footnote indicating the item was subject to potential mayoral veto, which has been removed pursuant to the Charter of the City of Miami, Florida, as amended. The Legislation has been corrected and incremented to Revision A. VMBLM/DSG/vj a RECEIVED1 Office of the City Clerk By ML at 4:23 pm, Sep 03, 2020 7305 Scrivener's Error Memo File Number: 7305 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND NATURAL RESOURCE DEFENSE COUNCIL, INC., A NEW YORK NOT FOR PROFIT CORPORATION ("NRDC"), FOR THE CITY ENERGY PROJECT ("CEP"), A JOINT PROJECT OF THE NRDC AND THE INSTITUTE FOR MARKET TRANSFORMATION THAT PROVIDES FOR RESEARCH, GUIDELINES, AND ASSISTANCE WITH COMMUNITY OUTREACH TO AID THE OFFICE OF RESILIENCE AND SUSTAINABILITY IN CREATING WATER AND ENERGY EFFICIENCY BENCHMARKING REGULATIONS FOR LARGE EXISTING BUILDINGS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE ANY AND ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES. WHEREAS, on November 21, 2019, the City Commission issued a directive to the City of Miami's ("City") Office of Resilience and Sustainability to submit a comprehensive carbon mitigation plan ("Project") prior to Earth Day, which falls on April 22, 2020, to the City Commission; and WHEREAS, the Project is part of committed actions in the Resilient305 unified strategy with Miami -Dade County, Miami Beach, and the City's Miami Forever Climate Ready strategy which was launched in January 2020; and WHEREAS, buildings account for the majority of a city's energy use and carbon pollution; and WHEREAS, a relatively small number of larger buildings represent the vast majority of a city's energy use; and WHEREAS, annual benchmarking of energy and water consumption helps building owners, property managers, and facilities' staff establish energy performance baselines, monitor performance over time, guide actions to cut waste, verify energy and water savings from investments, and mitigate carbon emissions; and WHEREAS, benchmarking data provides summary information about public and private buildings, documenting trends in energy and water performance; and WHEREAS, benchmarking allows for a data -based approach to analyzing future energy needs, where improvements can be made, and how to reduce costs; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: -,IV ov . City of Miami ` City Hall "";; ;a ATt0 Legislation g 3500 Pan American Drive r �� Miami, FL 33133 �—R N _- Resolution www.miamigov.com File Number: 7305 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND NATURAL RESOURCE DEFENSE COUNCIL, INC., A NEW YORK NOT FOR PROFIT CORPORATION ("NRDC"), FOR THE CITY ENERGY PROJECT ("CEP"), A JOINT PROJECT OF THE NRDC AND THE INSTITUTE FOR MARKET TRANSFORMATION THAT PROVIDES FOR RESEARCH, GUIDELINES, AND ASSISTANCE WITH COMMUNITY OUTREACH TO AID THE OFFICE OF RESILIENCE AND SUSTAINABILITY IN CREATING WATER AND ENERGY EFFICIENCY BENCHMARKING REGULATIONS FOR LARGE EXISTING BUILDINGS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE ANY AND ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES. WHEREAS, on November 21, 2019, the City Commission issued a directive to the City of Miami's ("City") Office of Resilience and Sustainability to submit a comprehensive carbon mitigation plan ("Project") prior to Earth Day, which falls on April 22, 2020, to the City Commission; and WHEREAS, the Project is part of committed actions in the Resilient305 unified strategy with Miami -Dade County, Miami Beach, and the City's Miami Forever Climate Ready strategy which was launched in January 2020; and WHEREAS, buildings account for the majority of a city's energy use and carbon pollution; and WHEREAS, a relatively small number of larger buildings represent the vast majority of a city's energy use; and WHEREAS, annual benchmarking of energy and water consumption helps building owners, property managers, and facilities' staff establish energy performance baselines, monitor performance over time, guide actions to cut waste, verify energy and water savings from investments, and mitigate carbon emissions; and WHEREAS, benchmarking data provides summary information about public and private buildings, documenting trends in energy and water performance; and WHEREAS, benchmarking allows for a data -based approach to analyzing future energy needs, where improvements can be made, and how to reduce costs; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby authorizes the City Manager to negotiate and execute a memorandum of understanding, in a form acceptable to the City Attorney, between the City and Natural Resource Defense Council, Inc., a New York not for profit corporation ("NRDC"), for the City Energy Project ("CEP"), a joint project of the NRDC and the Institute for Market Transformation that provides for research, guidelines, and assistance with community outreach to aid the Office of Resilience and Sustainability in creating water and energy efficiency benchmarking regulations for large existing buildings. Section 3. The City Manager is authorized to negotiate and execute any and all other necessary amendments, extensions, and modifications, in a form acceptable to the City Attorney, for said purposes. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 1 �iAt6rieiynd6-z, C ity Attor iey 4/14/2020 ' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami 4 Legislation Resolution: R-20-0118 File Number: 7305 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/23/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND NATURAL RESOURCE DEFENSE COUNCIL, INC., A NEW YORK NOT FOR PROFIT CORPORATION ("NRDC"), FOR THE CITY ENERGY PROJECT ("CEP"), A JOINT PROJECT OF THE NRDC AND THE INSTITUTE FOR MARKET TRANSFORMATION THAT PROVIDES FOR RESEARCH, GUIDELINES, AND ASSISTANCE WITH COMMUNITY OUTREACH TO AID THE OFFICE OF RESILIENCE AND SUSTAINABILITY IN CREATING WATER AND ENERGY EFFICIENCY BENCHMARKING REGULATIONS FOR LARGE EXISTING BUILDINGS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES. SPONSOR(S): Mayor Francis X. Suarez, Commissioner Ken Russell WHEREAS, on November 21, 2019, the City Commission issued a directive to the City of Miami's ("City") Office of Resilience and Sustainability to submit a comprehensive carbon mitigation plan ("Project") prior to Earth Day, which falls on April 22, 2020, to the City Commission; and WHEREAS, the Project is part of committed actions in the Resilient305 unified strategy with Miami -Dade County, Miami Beach, and the City's Miami Forever Climate Ready strategy which was launched in January 2020; and WHEREAS, buildings account for the majority of a city's energy use and carbon pollution; and WHEREAS, a relatively small number of larger buildings represent the vast majority of a city's energy use; and WHEREAS, annual benchmarking of energy and water consumption helps building owners, property managers, and facilities' staff establish energy performance baselines, monitor performance over time, guide actions to cut waste, verify energy and water savings from investments, and mitigate carbon emissions; and WHEREAS, benchmarking data provides summary information about public and private buildings, documenting trends in energy and water performance; and WHEREAS, benchmarking allows for a data -based approach to analyzing future energy needs, where improvements can be made, and how to reduce costs; City of Miami Page 1 of 2 File ID: 7305 (Revision: A) Printed On: 9/2/2020 File ID: 7305 Enactment Number: R-20-0118 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby authorizes' the City Manager to negotiate and execute a memorandum of understanding, in a form acceptable to the City Attorney, between the City and Natural Resource Defense Council, Inc., a New York not for profit corporation ("N RDC'), for the City Energy Project ("CEP"), a joint project of the NRDC and the Institute for Market Transformation that provides for research, guidelines, and assistance with community outreach to aid the Office of Resilience and Sustainability in creating water and energy efficiency benchmarking regulations for large existing buildings. Section 3. The City Manager is authorized' to negotiate and execute any and all other necessary amendments, extensions, and modifications, all in forms acceptable to the City Attorney, for said purposes. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: iria W unde`zCity ttar ey 411 412 0 2 0 iria i nd- e�z� Att©r i0y 9/2/2020 ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 2 File ID: 7305 (Revision: A) Printed on: 9/2/2020