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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #4510 Resolution Sponsored by: Commissioner Joe Carollo A RESOLUTION OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") OR TO BAYFRONT PARK MANAGEMENT TRUST, TO ESTABLISH A SOLAR CIRCLE/RING AND RENEWABLE ENERGY PROGRAM ("PROGRAM"), FOR THE INSTALLATION OF SOLAR CIRCLE/RING AND RENEWABLE ENERGY GENERATING EQUIPMENT TO BE PLACED IN BAYFRONT PARK LOCATED AT APPROXIMATELY 301 BISCAYNE BOULEVARD, MIAMI, FLORIDA AND POSSIBLY OTHER PARKS OF THE CITY, AS APPROVED BY THE CITY; AND TO PROVIDE A MECHANISM TO REVIEW ANY FURTHER SUITABLE LOCATIONS FOR INCLUSION IN THE PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE SOLAR LICENSE AGREEMENT BETWEEN THE CITY AND FLORIDA POWER & LIGHT COMPANY, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY AMENDMENTS AND EXTENSIONS THERETO, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND FURTHER IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS, IN ORDER TO IMPLEMENT SAID PROGRAM. City of Miami Legislation Resolution Enactment Number: R-18-0332 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4510 Final Action Date:7/26/2018 A RESOLUTION OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") OR TO BAYFRONT PARK MANAGEMENT TRUST, TO ESTABLISH A SOLAR CIRCLE/RING AND RENEWABLE ENERGY PROGRAM ("PROGRAM"), FOR THE INSTALLATION OF SOLAR CIRCLE/RING AND RENEWABLE ENERGY GENERATING EQUIPMENT TO BE PLACED IN BAYFRONT PARK LOCATED AT APPROXIMATELY 301 BISCAYNE BOULEVARD, MIAMI, FLORIDA AND POSSIBLY OTHER PARKS OF THE CITY, AS APPROVED BY THE CITY; AND TO PROVIDE A MECHANISM TO REVIEW ANY FURTHER SUITABLE LOCATIONS FOR INCLUSION IN THE PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE SOLAR LICENSE AGREEMENT BETWEEN THE CITY AND FLORIDA POWER & LIGHT COMPANY, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY AMENDMENTS AND EXTENSIONS THERETO, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND FURTHER IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS, IN ORDER TO IMPLEMENT SAID PROGRAM. WHEREAS, solar technology is proven reliable and is imperative to make the transition to clean, renewable energy needed for the future of our planet; and WHEREAS, the District 3 Commissioner wishes to partner with Florida Power & Light Company ("FPL") to bring the most aesthetic and functional solar circle/ring in a prominent and suitable location at Bayfront Park, located at approximately 301 Biscayne Boulevard, Miami, Florida, to the City of Miami ("City") by establishing an approval mechanism for the solar circle/ring to be installed by FPL to serve as a showpiece of and to enhance the Renewable Energy Program ("Program"); and WHEREAS, FPL will construct, remodel, repair, or improve its public electric utility, utilizing its own personnel and at its sole cost and expense, through the installation of the solar circle/ ring as depicted in the Solar License Agreement ("Agreement"), attached and incorporated as Exhibit "A"; and WHEREAS, the Program will place a solar power circle/ring within Bayfront Park with the City's sole option to review additional suitable locations for inclusion in the Program; and WHEREAS, the solar power circle/ring provided through the Program will pique the curiosity of the City's residents and visitors of all ages, encouraging discussion about sustainability and inspiring them to learn more about the benefits of solar energy; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted and incorporated as if fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's recommendation and written findings, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended, are ratified, confirmed and approved and the requirements for competitive sealed bidding methods that are not practicable or advantageous to the City or to Bayfront Park Management Trust, a limited agency and instrumentality of the City, are waived to establish a solar circle/ring and Program, with FPL, for the installation of solar circle/ring and renewable energy generating equipment to be placed in Bayfront Park and possibly other parks of the City, as approved by the City, further providing a mechanism to review any further suitable locations for inclusion in the Program. Section 3. The City Manager is authorized to negotiate and execute the Agreement, in substantially the attached form, with FPL, and any amendments and extensions thereto, in a form acceptable to the City Attorney, and further in compliance with all applicable laws and regulations, in order to implement said Program. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 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. 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.