HomeMy WebLinkAbout25245AGREEMENT INFORMATION
AGREEMENT NUMBER
25245
NAME/TYPE OF AGREEMENT
FLORIDA POWER & LIGHT COMPANY
DESCRIPTION
ELECTRIC VEHICLE CHARGING EQUIPMENT
AGREEMENT/INSTALL & OWN ELECTRIC VEHICLE
CHARGING & RELATED EQUIPMENT/FILE ID: 16766/R-24-
0420
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
11/19/2024
DATE RECEIVED FROM ISSUING
DEPT.
11/19/2024
NOTE
DOCUSIGN AGREEMENT BY EMAIL
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Office of Resilience and Sustainability
DEPT. CONTACT PERSON: Sonia Brubaker - Ext. 1214 / Reinaldo Rodriguez - Ext. 1296
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Florida Power & Light Company (FPL)
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO
TOTAL CONTRACT AMOUNT: FUNDING INVOLVED? ❑ YES ® NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY): Electric Vehicle Charging Equipment Agreement.
PURPOSE OF ITEM (BRIEF SUMMARY): Electric Vehicle Charging Equipment Agreement between City of Miami
and FPL to install electric vehicle chargers and related equipment on City property as part of the FPL EVolution
Program.
COMMISSION APPROVAL DATE: 10/24/2024 FILE ID: 16766 ENACTMENT NO.: R-24-0420
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
PRINT: Sonia Brubaker
SIGNATURE:
DocuSigned by:
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SUBMITTED TO RISK MANAGEMENT
PRINT: Ann -Marie Sharpe
SIGNATURE:
E—DocuSigned by:
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SUBMITTED TO CITY ATTORNEY
PRINT: George K. Wysong
SIGNATURE:
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DocuSigned by:
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APPROVAL BY ASSISTANT CITY MANAGER
PRINT: Asael "Ace"
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SIGNATURE:
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APPROVAL BY DEPUTY CITY MANAGER
PRINT: Natasha Co
SIGNATURE:
RECEIVED BY CITY MANAGER
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PRINT: Arthur Noriega,
SIGNATURE:
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1) ONE ORIGINAL TO CITY CLERK,
2) ONE COPY TO CITY ATTORNEY'S OFFICE,
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
PRINT: Todd Hannon
SIGNATURE:
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
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DocuSigned by:
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PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER ORS24-0004
AGENDA ITEM SUMMARY FORM
File ID: #16766
Date: 10/09/2024
Commission Meeting Date: 10/24/2024
Requesting Department: Office of Resilience
and Sustainability
Sponsored By:
District Impacted: All
Type: Resolution
Subject: Execute Agreement - FPL EVolution Program
Purpose of Item:
A resolution of the Miami City Commission, with attachment(s), authorizing the City
Manager to execute electric vehicle charging equipment agreements with Florida Power
& Light Company ("FPL") a Florida profit corporation, to install electric vehicle chargers
and related equipment on City property as part of the FPL EVolution program; and
further authorizing the City Manager to negotiate and execute any and all necessary
documents, including agreements, amendments, renewals, and extensions, all in forms
acceptable to the City Attorney, and providing for an effective date.
Background of Item:
Florida ranks second in the nation for EV adoption with more than 280,000 electric
vehicle registrations in 2023. By 2027, one in three vehicles in the U.S. will be electric
and in Florida, one in five vehicles will be electric. In response to the EV market's
continued growth, in 2019, FPL launched its EVolution Program, which offers customers
a holistic charging solution and includes public fast charging (DC Fast/Level 3) at more
than 100 locations across its service area, including major highways and less traveled
roads, as well as key evacuation routes. Through this program, FPL provides
equipment, installation, and maintenance at no cost. There are no impacts on the site
host's electricity costs and hosts are reinforcing their commitment to sustainability by
providing 100 percent renewable energy.
The Office of Resilience and Sustainability in coordination with the Department of Parks
and Recreation, Office of Capital Improvements, Department of Real Estate and Asset
Management, Department of Resilience and Public Works, General Services
Administration, and the Miami Parking Authority have worked together to propose
locations for the electric vehicle chargers, recommending at least one (1) DC Fast
Charger installation in each Commission District.
The successful deployment of electric vehicle charging infrastructure will enhance the
City's transportation network and support the City of Miami's greenhouse gas reduction
goals to reduce greenhouse gas emissions by 60% from its 2018 levels by 2035 and
achieve net zero emissions by 2050, by providing the necessary infrastructure to
support the transition to electric vehicles.
Budget Impact Analysis
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Item has NOT an Expenditure
Total Fiscal Impact:
N/A
Reviewed B
Office of Resilience and Sustainability
Review Completed 10/09/2024 1:46 PM
Office of Management and Budget Luis Hernandez -Torres
Office of Management and Budget Leon P Michel
Department of Risk Management
City Manager's Office
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the City Clerk
Ann -Marie Sharpe
Natasha Colebrook -Williams
Arthur Noriega V
Asael Marrero
Valentin J Alvarez
Jihan Soliman
George K. Wysong III
Maricarmen Lopez
City Clerk's Office
Sonia Brubaker
Budget Analyst Review
Budget Review
Risk Review
Deputy City Manager Review
City Manager Review
Assistant City Manager Review
Legislative Division Review
ACA Review
Approved Form and Correctness
Meeting
Rendered
Department Head
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
10/09/2024 2:34 PM
10/09/2024 4:47 PM
10/11/2024 10:22 AM
10/11/2024 11:54 AM
10/11/2024 12:22 PM
10/14/2024 2:33 PM
10/15/2024 9:58 AM
10/15/2024 12:11 PM
10/15/2024 5:50 PM
10/24/2024 9:00 AM
10/28/2024 4:14 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0420
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16766 Final Action Date:10/24/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE ELECTRIC VEHICLE
CHARGING EQUIPMENT AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED
FORMS, WITH FLORIDA POWER & LIGHT COMPANY ("FPL") A FLORIDA PROFIT
CORPORATION, TO INSTALL ELECTRIC VEHICLE CHARGERS AND RELATED
EQUIPMENT ON CITY PROPERTY AS PART OF THE FPL EVOLUTION PROGRAM;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AGREEMENTS,
AMENDMENTS, RENEWALS, EASEMENTS IN FAVOR OF FPL, AND EXTENSIONS,
ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, electric vehicles do not emit tailpipe emissions and improve air quality and
improve the public health; and
WHEREAS, pursuant to R-21-0472 the City of Miami ("City") has adopted goals to
reduce greenhouse gas emissions by 60% below 2018 levels by 2035 and to reach net zero
emissions by 2050; and
WHEREAS, a strategy to reach that goal is to support the transition from gas vehicles to
electric vehicles and achieve 40% adoption by 2035; and
WHEREAS, the existence of accessible public electric vehicle charging is integral in
consumers' decision to purchase an electric vehicle; and
WHEREAS, Florida Power & Light Company ("FPL"), a Florida profit corporation, has a
program to install electric vehicle charging and related equipment on public and private
properties at the sole cost of FPL called "FPL EVolution"; and
WHEREAS, the City intends to enter into Electric Vehicle Charging Equipment
Agreements ("Agreements") with FPL to fund all costs related to equipment, installation, and
maintenance of Level 2 and DC Fast/Level 3 electric vehicle chargers at selected locations
within the City, while the City will be indemnifying FPL in some circumstances, to encourage
adoption of electric vehicles; and
WHEREAS, the Office of Resilience and Sustainability in coordination with the
Department of Parks and Recreation, Office of Capital Improvements, Department of Real
Estate and Asset Management, Department of Resilience and Public Works, General Services
Administration, and the Miami Parking Authority have worked together to propose locations for
the electric vehicle chargers; and
WHEREAS, installation sites were chosen based on the following criteria: City -owned
properties and lots; addressing gaps in existing charging infrastructure; location in close
proximity to highly trafficked roads and highways; sufficient parking spaces wherein dedicating
parking spots to electric vehicle charging would not be disruptive; and, locations where chargers
can be accessed at all times; and
WHEREAS, the Agreements may require easements in favor of FPL at the selected
locations due to the current charging infrastructure gaps; and
WHEREAS, FPL will own and maintain all installed equipment for at least ten (10) years
for DC Fast chargers and at least seven (7) years for Level 2 chargers and shall be responsible
for all maintenance obligations of the chargers at no cost to the City and will dispatch a
technician to repair chargers in the event any chargers are in need of repair; and
WHEREAS, the City Manager is hereby authorized to execute Agreements, in
substantially the attached forms, with FPL to facilitate the installation of both Level 2 and DC
Fast/Level 3 electric vehicle chargers on City properties, and further authorized to negotiate and
execute any and all necessary documents, including agreements, amendments, renewals, and
extensions, all in forms acceptable to the City Attorney;
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 Manager is authorized1 to execute Agreements with FPL, in
substantially the attached forms, to install electric vehicle charging and related equipment on
City property.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
necessary documents, including agreements, amendments, renewals, easements in favor of
FPL, and extensions, all in forms acceptable to the city attorney.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ge Wyi ng III, C ty ttor10/15/2024
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
Execution Version
ELECTRIC VEHICLE CHARGING EQUIPMENT AGREEMENT
This ELECTRIC VEHICLE CHARGING EQUIPMENT AGREEMENT (Agreement") is made this day of , 2024
("Effective Date"), by and between CITY OF MIAMI ("Host"), with the locations identified in Exhibit A, attached hereto (individually and
collectively, as the context may require, the "Property") and Florida Power & Light Company, a Florida corporation ("Company"), with an
address at 700 Universe Blvd CEA/JB, Juno Beach, FL, 33408. Host and Company are sometimes individually referred to herein as a "Party"
and collectively as the "Parties."
WHEREAS, Company desires to install and own electric vehicle charging and related equipment, including electrical power inverters,
interconnection equipment, electrical wiring, underground conduit, wire and cable management systems, charging stations, electric meters,
metering and switch cabinets, and power distribution boxes (the "Equipment") on the Property and Host desires to have the Equipment installed
and agrees to permit Company to utilize the Property upon the terms and conditions set forth below.
NOW THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
1. Use. During the Term, Host agrees that Company may
use the Property for the purposes of, and has the sole right (at
Company's cost and in Company's sole discretion) of, constructing,
installing, operating, inspecting, maintaining, repairing, enlarging,
modifying, removing (at any time), testing and replacing the
Equipment and any additional equipment required to dispense
electricity to charge electric vehicles for the Equipment, together with
the following rights: (a) the right of ingress and egress 24 hours -a -
day, 7 days a week; (b) the right, at Company's sole cost and
expense, to paint/stripe and to install signage (in either case, in a
manner substantially similar to the form attached hereto as Exhibit B)
on and around the Equipment —any additional or substantial change
from the depicted paint/stripe and signage in Exhibit B shall be
approved in writing by the Host; and (c) Company's quiet enjoyment
of the Property needed for purposes of this Agreement shall not be
disturbed. The location of the Equipment is as described in Exhibit
A. In the event that Company, in its sole discretion, determines that
an easement is necessary for the sole purpose of connecting the
Equipment to the electrical grid, then Host shall grant Company an
easement in a mutually agreeable location in, on, over, under,
through and across a portion of the Property to be identified by the
Parties in the form attached hereto as Exhibit C. In the event that
Company, in its sole discretion, determines that a site is no longer
viable to install the Equipment, then the Parties can mutually agree,
in writing, to a new site location and provide an amendment to Exhibit
A. This will not impact other sites agreed upon in the Agreement. If
the Parties mutually agree in writing, additional site locations can be
added to this agreement and an updated Exhibit A will be provided.
This will not impact other sites agreed upon in the Agreement.
2. Term. Subject to this Section 2, the initial term of this
Agreement shall terminate on the tenth (10th) anniversary of the date
on which commissioning for the Equipment was completed, which
date shall be evidenced by receipt of acknowledgement the
Equipment is operational in the form attached hereto as Exhibit D
(the "Initial Term"), and unless terminated earlier as herein provided,
shall automatically renew on a year-to-year basis after the Initial
Term until the thirteenth (13th) anniversary of the date on which
commissioning for the Equipment was completed (each year, a
"Renewal Term," and each Renewal Term together with the Initial
Term, the "Term"). If either Party elects not to renew this Agreement
for a Renewal Term, then such Party must give a written notice of
termination to the other Party at least 90 days prior to the expiration
of the then -current Initial Term or Renewal Term, as applicable. In
the event such notice is delivered, no further automatic extensions
shall occur and this Agreement shall terminate at the end of the then -
existing Initial Term or Renewal Term, as applicable. The Company
may terminate this Agreement at any time and for any reason by
giving 30 days' prior written notice to Host.
3. Cooperation. In general, the Parties agree to cooperate to
achieve the purposes and intent of this Agreement. Host shall make
any and all documents necessary available to the Company for the
Company's efforts to obtain all permits, licenses and approvals
necessary for the installation and operation of the Equipment.
Company will not permit any lien against the Property arising from
the installation or operation of the Equipment. Company shall (i) pay
any personal property tax which is attributable to the Equipment, and
(ii) be the sole recipient and beneficiary of any and all such federal
and/or state tax credits, and other financial incentives arising from
the installation and/or operation of the Equipment. The right to
access and use of Host's electrical system(s) includes for purposes
of powering Company's computer equipment used in monitoring the
electricity dispensed from the Equipment and record system data to
evaluate charging behavior. Host understands and acknowledges
that Company and/or its contractors will gather data and information
from the Equipment with respect to vehicle charging activity, vehicle
usage and technical performance of the vehicle and Equipment.
Company shall own all rights to such data and information. Host
acknowledges that such data and information will be used and
disclosed by Company and third parties for the purpose of
understanding and evaluating the impact of electric vehicles on
transit systems and the electric power grid, for use in regulatory
reporting, industry forums, case studies or other similar activities, in
accordance with applicable laws and regulations. To the extent Host
has access to the applicable information, the Host will share
information reasonably requested by the Company (including, but not
limited to, baseline data requests, electric vehicle information, visitor
and employee counts, and user surveys), which all information shall
be in accordance of Florida Statutes Chapter 119, as amended from
time to time. The Company acknowledges the Host is to retain all of
its sovereign prerogatives and rights as a city under Florida law and
shall in no way be estopped from withholding or refusing to issue any
approvals of applications for building, zoning, planning or
development under present or future laws and regulations, and
provider further that the City shall not intentionally withhold, scrutinize
or delay approvals for compliant applications.
4. Payment of Electricity. Company is responsible for
paying all consumption costs for electricity dispensed from the
Equipment.
-1-
5. Charge for Use of Equipment. Host acknowledges and
agrees that Company will directly charge users of the Equipment for
use of the Equipment pursuant to the then -applicable tariff rate.
6. Interference. During the Term, Host shall not Interfere, or
cause or permit to be caused any Interference, with the Equipment.
For purposes of this Agreement, "Interfere" and "Interference" shall
mean interference with Company's use, operation, access,
maintenance or repair of the Equipment including: (a) subject any
portion of the Equipment to any lien or encumbrance unless the
holder thereof delivers a non -disturbance agreement; and (b) sale,
transfer, assignment, lease or sublease any portion of the Property
other than subject to Host's rights hereunder. As Company shall be
responsible for the maintenance of the Equipment, the Host will not
maintain nor interfere with the Equipment in any way.
7. Insurance. Each Party will maintain at all times during the
Term, the following insurance: (a) commercial general liability
insurance with limits of One Million Dollars ($1,000,000) per
occurrence combined single limit for bodily injury and property
damage; (b) business automobile liability insurance with limits of One
Million Dollars ($1,000,000) for bodily injury and property damage;
and (c) workers' compensation insurance in compliance with Florida
statutes. Such policy or policies shall be issued by companies
authorized to do business in the State of Florida with a minimum A.M.
Best financial rating of "A— VII". Company has the right to meet the
insurance designated in this section through any combination of self-
insurance, primary or excess coverage. Each Party, for itself and its
respective insurers, waives any right to assert any claim against the
other Party to the extent such claim is covered by the waiving Party's
insurance. Each Party shall waive all rights of subrogation of its
respective insurers.
8. Indemnification. Each Party (the "Indemnifying Party")
shall indemnify the other Party (the "Indemnified Party") from and
against all losses, claims, damages or expenses, including attorneys'
fees, incurred by the Indemnified Party in connection with any claims
for personal injury or death to persons and damage to property
(including environmental damage) arising under this Agreement
during the Term, to the extent arising from the negligence or willful
misconduct of the Indemnifying Party, its agents, employees,
representatives, contractors, affiliates or sub -contractors. Subject to
the next sentence, neither Company nor Host shall be liable to the
other for consequential, special, exemplary, punitive, indirect or
incidental losses or damages or for any loss of use, cost of capital,
loss of goodwill, lost revenues or loss of profit, nor shall any parent,
subsidiary, affiliate or employee of either Party have any liability
under this Agreement, and Company and Host each hereby releases
the other and each of such persons and entities from any such
liability. The foregoing exclusion shall not be construed to limit
recovery under any indemnity or defense obligation of Host under
this Agreement related to third party claims. In no event shall the
aggregate damages payable by a Party hereunder for any reason
whatsoever exceed Three Hundred Thousand U.S. Dollars
($300,000.00). Notwithstanding the foregoing, this Section 8 shall
not be construed or interpreted as a waiver of Host's sovereign
immunity and the limits established in Section 768.28, Florida
Statutes. This section shall survive the expiration or earlier
termination of this Agreement.
9. Equipment to Remain Personal Property of Company.
The Equipment is and will remain the property of Company, its
successors or assigns, regardless of its use or manner of attachment
to the Property. Host agrees to execute such further documentation
as is reasonably necessary to ensure that the Equipment does not
constitute, and is not deemed to be, a fixture attached to the
Property.
10. Representations. Each Party represents and warrants to
and covenants with the other Party that: (a) such Party has full right,
power and authority to execute this Agreement and that this
Agreement shall bind and benefit the Parties and their respective
successors and assigns; and (b) such Party's execution and
performance of this Agreement will not violate any laws, ordinances,
covenants or other agreement binding on such Party. Additionally,
Host represents and warrants to Company that it has good and
unencumbered title to the Property either free and clear of any liens,
mortgages or other encumbrances, or if any lien, mortgage or other
encumbrance exists, then such lien, mortgage or other encumbrance
(or any environmental restriction) will not prevent the performance of
this Agreement or burden or encumber the Equipment.
11. Default. An "Event of Default" means that a Party fails to
fully perform any of its covenants under this Agreement within sixty
(60) calendar days after such defaulting Party receives written notice
of such default from the non -defaulting Party; provided, however, if
such default cannot reasonably be cured within such sixty (60) day
time period, defaulting Party shall not be deemed in default
hereunder if defaulting Party has commenced to cure such default
within said sixty (60) day time period and thereafter continues with
diligence to complete the cure of such default.
12. Remedies. Upon an Event of Default as set forth in
Section 11, non -defaulting Party may (i) perform, or cause to be
performed, on behalf and at the expense of defaulting Party, any or
all of the undertakings or obligations as to which defaulting Party
remains in default, in which event defaulting Party will reimburse non -
defaulting Party for such actual reasonable costs and expenses,
within forty-five (45) days following receipt of invoice and supporting
documentation; (ii) exercise any remedy that such non -defaulting
Party may have at law or in equity and (iii) terminate this Agreement
upon 30 days' prior written notice if the defaulting Party has not cured
such default by the expiration of such 30-day period.
Notwithstanding the preceding sentence, Host may not perform any
right or obligation of Company under Section 1 or take any other
action that relocates or physically alters any of the Equipment.
13. Assignment. Neither Party shall assign this Agreement or
any interest herein without the prior written consent of the other
Party; provided, that the Parties acknowledge that the Equipment
may be covered by Company's utility financing structure.
14. Notices. All notices, demands, requests, consents,
approvals and other instruments required or permitted to be given
pursuant to this Agreement shall be in writing, signed by the notifying
Party, or officer, agent or attorney of the notifying Party, and shall be
deemed to have been effective upon delivery if served personally,
including but not limited to delivery by messenger, overnight courier
service or by overnight express mail, or on the third (3rd) business
day after posting if sent by registered or certified mail, postage
prepaid, return receipt requested, and addressed as follows:
To Host: Office of Resilience and Sustainability, 444 SW 2nd Ave,,
2nd Floor, Miami, FI 33130
-2-
To Company: To the VP of Development at the address set forth in
the Preamble above with an e-mail copy to FPLEVolution@fpl.com.
15. No Guarantees or Warranties. NOTWITHSTANDING
ANYTHING TO THE CONTRARY HEREIN, THE PARTIES
ACKNOWLEDGE THAT COMPANY IS NOT PROVIDING ANY
GUARANTEES (INCLUDING GUARANTEES OF PERFORMANCE)
OR WARRANTIES OF ANY KIND, EXPRESS, OR IMPLIED
(INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, AND ALL
WARRANTIES ARISING FROM COURSE OF DEALING OR
USAGE OF TRADE), UNDER THIS AGREEMENT.
16. Additional Equipment. In the event Host desires to have
installed on the Property any additional electric vehicle charging and
related equipment, the Host shall notify Company, in writing, of such
desire and Company shall, within 30 days after the receipt of such
notice, notify the Host in writing of the terms and conditions pursuant
to which Company is willing to so install such additional equipment.
If the Parties cannot agree on the terms and conditions for installing
such additional equipment within 60 days after the Host's receipt of
Company's terms and conditions, then the Host may engage a third -
party to so install such additional equipment; provided, however, the
Host shall use commercially reasonable efforts to share (or cause
such third party to share) data and information from such additional
equipment with respect to vehicle charging activity, vehicle usage
and technical performance of the vehicle and such additional
equipment.
17. Removal or Sale at End of Term. Within ninety (90) days
after the expiration of the Term, Company shall, in its sole discretion,
either (a) remove all charging stations installed by Company at the
Property under this Agreement or (b) agree to sell such charging
stations to Host on terms and conditions mutually agreed upon by
the Parties. In the event of removal, Company shall, at Company's
expense, return the area where the Equipment was located to a
condition substantially similar to prior to the installation of the
Equipment, except for any underground infrastructure and concrete
equipment pad(s) installed pursuant to this Agreement (which may
be left in place) and ordinary wear and tear. Company shall not be
obligated to replant trees or shrubs in connection with the foregoing
obligations.
18. No Agency or Partnership. Nothing in this Agreement
shall constitute the naming of Host as an agent or legal
representative of Company. This Agreement shall not be deemed to
create any relationship of agency, partnership, or joint venture
between the parties hereto, and neither party shall make such
representation to anyone.
19. Public Records. Company understands that the public
shall have access, at all reasonable times, to this Agreement, subject
to the provisions of Chapter 119, Florida Statutes, and agrees to
allow access by the Host and the public to the Agreement subject to
disclosure under applicable laws. Company's failure or refusal to
comply with the provisions of this section may result in the Host's
immediate cancellation of this Agreement. Company shall produce
a copy of this Agreement subject to the provisions of Chapter 119,
Florida Statutes within five (5) business days of the City's written
request for such records.
20. Miscellaneous.
(a) Compliance with Laws. Each Party shall perform its
obligations under this Agreement in accordance with all applicable
codes, laws, rules, regulations, orders and ordinances of federal,
state, regional, local and municipal governmental agencies.
(b) Amendment. No modification, waiver or amendment of
this Agreement or of any of its conditions or provisions shall be
binding upon a Party unless in writing signed by that Party.
(c) Governing Law; Waiver of Jury Trial. This Agreement
shall be subject to and governed by the laws of the State of Florida,
without regard to its conflict of laws principles. The Parties agree that
any action or proceeding arising out of or related in any way to this
Agreement shall be brought solely in a court of competent jurisdiction
in the State of Florida. EACH OF THE PARTIES HERETO HEREBY
KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES
THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY
IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING
OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
(d) Severability; Counterparts, Publicity. Should any
provision of this Agreement be held, in a final and un-appealable
decision, to be either invalid, void or unenforceable, the remaining
provisions of this Agreement shall remain in full force and effect, and
the Parties shall negotiate in good faith to restore insofar as
practicable the benefits to each Party that were affected by such
ruling. This Agreement may be executed in counterparts, in
electronic or physical form, which together shall constitute a single
instrument. Neither Party shall issue any press release or otherwise
publicize the existence or the terms of this Agreement without the
prior written approval of the other Party, which approval will not be
unreasonably withheld or delayed; provided that general advertising
that refers to a "partnering" (or other terminology of similar import) of
either Party with the other Party for the purposes of any of the
transactions contemplated hereby, but does not expressly reference
this Agreement or disclose any of the terms hereof, shall not be
subject to the provisions of this subsection. Filings required by
applicable law for any regulatory authority shall, by itself, not be
deemed to violate the preceding sentence.
-3-
IN WITNESS WHEREOF, the Parties have caused this
Agreement to be executed by their respective duly authorized officers
as of the date first above written.
Host:
DocuSigned by:
griLLAY Novitia
By: fS56eFee3-7FD642k.-
Name: Arthur Noriega
Title: City of Miami
City Manager
ATTEST:
BY:
Company (Florida Power &
Light Company):
By:
Name: Tim Oliver
Title: Vice President
FPL Development
Signed by:
Todd Hann
48r6ODCF1459...
City Clerk
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
DocuSigned by:
Gt,6r,7, 00bisal4 Ill
BY:
George`% W 0n t B
City Attorney
THE CITY OF AIIAMI, A _MUNICIPAL
CORPORATION OF THE STATE OF
FLORIDA
DocuSigned by:
ate Novi
BY: o
.85aGF6C372PD42A...
Arthur Noriega
City Manager
APPROVED AS TO INSURNCE
REQUIREMENTS:
BY:
DocuSigned by:
`-2/395C6318214E7...
Ann -Marie Sharpe
Director of Risk Management
Exhibit A —Location of Equipment (cont.)
Property Address: Regatta Park — 3500 Pan American Dr, Miami, FL 33133 (District 2)
Number of Spaces: Up to 4
Map:
NORTH
Execution Version
Transformer bated In swale
area, east of the proposed
chargers and sidewalk The
IItransformer wOl face south to
allow for 8' clearance to the
front of transformer
FP I. Evolution charger to be
® placed facing west, In line with
parking stall. Propose 4
chargers, but will need
additional stall for AOA
complaint stall and striping.
-5-
Exhibit A —Location of Equipment (cont.)
Property Address: Lot 19-2 - Miami, FL 33130 (District 2)
Number of Spaces: Up to 4 (future expansion)
Map:
Notes:
'CONTINGENT ON SURVEY RESULTS'
Transformer to be installed on northerncenter island where
potted tree Is a Tently located.
EV Chargers to be Installed on the northern end of the lot near
the transformer and on the asphalt to not knpact the pavers.
Current parting stall length Is - 21 ft. Instating the charger In
front of the gall will reduce the stall length by' 4 ft., Ieavarg
the length of the stall to be ` 17 ft. May need to Install bollards.
May tint the site of vehkle that can perk here. 'COMPACT'
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V
FN. F i
.. ry^
FPt Evolution Fast Chargers
Lot 19-2
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-6-
Exhibit A —Location of Equipment (cont.)
Property Address: Lot 19-4 - Miami, FL 33130 (District 2)
Number of Spaces: Up to 6
Map:
Notes:
'CONTINGENT ON SURVEY RESULTS'
Transformer to be Installed near the southern property line of the parking lot In between the existing potted trees. No
Impact to pavers In this area. The center Island on the north side has pavers and did not have spare for the transformer.
EV Chargers to be Installed on the southern end of the lot near the transformer and on the asphalt to not Impact the
pavers. Current parking stall length Is ^ 21 ft Installeg the charger In front of the stall MI reduce the stall kngth by - 4 h.,
leaving the length of the stall to be -17 h. May need to Install bollards.
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FPL-_._..,
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FP Evolution fast Chargers
Lot 19-a
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-7-
Exhibit A —Location of Equipment
Property Address: Gibson Park — 350 NW 13th St, Miami, FL 33136 (District 5)
Number of Spaces: Up to 2
Map:
a
Transformer located In swale
area, 12 ft from the southern
sidewalk and 40 ft from
western sidewalk. The
transformer wfl face west so
that landscaping can be
Installed on south and east
perimeter.
® FPl Evolution charger to be
placed facing west,
20 ft away from each other for
the length of the Parking stall
-8-
Exhibit A —Location of Equipment (cont.)
Property Address: General Morazan Park — 799 SW 41h St, Miami, FL 33130 (District 3)
Number of Spaces: Up to 2
Map:
Transformer bated •n prk
pennseter fence, outside of
the baseba 1 fse'd fence.
FPL Evolution charger to be
Ograced facing non hvrest,fadng
the stunted drive In parking
spxe. Charger to be placed in
front of parking slat.
-9-
Exhibit A —Location of Equipment (cont.)
Property Address: Shenandoah Park - 1800 SW 21st Ave Miami, FL 33145 (District 3)
Number of Spaces: Up to 2
Map:
NORTH
3 Transformer located in swale area In the alley faring SW 17°1 Ln
FPL Evolution charger to be placed fading south,
® 20 ft away starting from fire hydrant for first parking stall,
Additional 20 ft away for second parking stall
-10-
Exhibit A —Location of Equipment (cont.)
Property Address: Charlie DeLucca Park — 455 NW 47th Ave, Miami, FL 33126 (District 1)
Number of Spaces: Up to 4
Map:
NOR7Ff
Transformer bated near Ift
station transformer 275 ft.
south of proposed dispenser
location. Alternate
transformer location Inside of
park along the perimeter near
dispensers.
FPl Evolution charger to be
placed facing west, In the Swale
area along NW 47' Ave, and
south of the driveway entrance
to the park.
-11-
Exhibit A —Location of Equipment
Property Address: West End Park — 6030 SW 2nd St, Miami, FL 33144 (District 4)
Number of Spaces: Up to 2
Map:
I J1�I
i It t �'.._, ._ ii'!' -tI_
ilJrefi 11.21121.01141 Tsoma. - ] wardai r
Tl
® Transformer located along the nothern property line, within the
park property line, facing north towards the sidewalk.
LA Dual
Evolution charger to be placed facing north,
Dual Port charger to allow for one unit to feed both stalls
1
Execution Version
.114.1.09
❑
on wow. t
FPL
CartrM (rr..r-
d Cat
pu a
u
00.11,11.0
wownw woo ow Cr mown.
M
HAW .Md IIwww
PW D..
West End Park
Pubbc Fast Chargers
D.,.
Conn lor LAM WWI,
Dog De
14r
W
ALocfl n1.c Twf, AA. A-
nrt..®a - f too...,, ®.. ❑ .....
gl
"tram tt att.
New Transformer
within Gtv Fart
=PL Evolutor
t3s• r•a-ge.•
vain D'=r'
MIW
MMMpiaw.- — —_
rb>Fgrre Td DMA
SCAIE: IITa 1 .DAWN, I MMp N.. MAP.
WA
-12-
Exhibit B—Form of Signage
Electric
Vehicle
Charging
Only
Parking Stall Signage (-12" x —18")
Electric
Vehicle
Charging
Parking Stall Striping
-13-
Execution Version
Work Request No.
Sec_, Twp_ S, Rge _ E
Parcel ID._
(Mainlined b/ County Appraises)
Exhibit C—Form of Easement Agreement
EASEMENT
(BUSINESS)
Trues Itnstrummitt Repelled By
Name.
Co. Name:
Address,
The undersigned, in consideration of the payment of $1.00 arid other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Pourer & Light Company, Its
affiliates, licensees, agents, successors. and assigns ("FPL"), a non-
exclusive easement forever for the constructions, operation and maintenance
of overhead and underground electrlc utility facilities (Including wines, poles.
guys, cables, conduits and appurtenant equipment) to be installed from time
to time: vMh the right to reconstruct, improve, add to, enlarge. change the
voltage as well as the size of, and remove such facilities or any of them within
an easement described as follows:
See Exhlbil "A ("Easement Areal
Toper with the right to permit any other person, (Inn, or corporation to attach wires to any facilities hereunder and lay cable
and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress
to the Easement Area al all times; the right to clear the land and keep 11 cleared of all trees, undergrowth and other
obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or
dangerous trees or limbs outside of the Easement Area, which might interfere vwiith or fall upon the lines or systems of
communications or power transmission or dihtrribution; and further grants to the fullest extent the undersigned has the pourer
to grant, if at all, the rights hereinabove granted on the Easement Area heretofore described, over, along, under and across
the roads, streets or highways adjoining or through said Easement Area_
IN WITNESS WHEREOF. the undersigned has signed and seated this instrument on , 20 .
Signed, sealed and delivered in the presence of:
Pnnt Name
(1/11011es5' Sgllalunt
(Wilms*
Print Name:
(V1115ness `Sgnalu'et
(Viltr/ess
Entity name
By:
Print Name:
Print Address:
STATE OF AND COUNTY OF . The foregoing instrument was acknowledged
before me this day of . 20_, by , the
of a who
Is personally known to me or has produced as identi0cation, and who did (did not) lake an oath.
(Type ur lidemr0ealrna)
IAy Csrnrvituann Expires:
Natanye Palle, 9iyrnlule
Rill Nave
-14-
Exhibit D — Commencement Letter
FPL.
Date
Host Company Name
Street Address
City, State, Zip
Attn: Host Title
RE: Initial Term under the Electric Vehicle Charging Equipment Agreement (the "Agreement") dated April
30th, 2024 by and between Host Business Name (the "Host") and Florida Power & Light Company (the
"Company") regarding the property commonly known as Property address (the "Property"), as more
accurately described in the Agreement.
Host Title:
We are writing to notify you that the commissioning of the Equipment at the Property was completed on
April 30th, 2024. Therefore, the initial Term, as defined in Section 2 of the Agreement, shall commence on
April 301h, 2024, and terminate on April 29th, 2034
We look forward to our partnership. Please don't hesitate to reach out with any questions or continents.
Thank you,
Tim Oliver
Vice President of Development
Florida Power & Light Company
700 Universe Boulevard, Juno Beach, FL 33400
-15-
Olivera, Rosemary
From: Rodriguez, Reinaldo
Sent: Tuesday, November 19, 2024 5:18 PM
To: Olivera, Rosemary; Hannon, Todd; Ewan, Nicole
Cc: Brubaker, Sonia; Farina, Alissa
Subject: FPL EVolution Agreement
Attachments: Complete_with_Docusgn_FPL_EVolution_-_Full_.pdf
Good afternoon all,
Please find attached a fully executed copy of an agreement from DocuSign that is to be considered an original
agreement for your records.
Thanks!
Reinaldo Rodriguez
Resilience Programs Manager
City of Miami, Office of Resilience & Sustainability
444 SW 2nd Ave., 2nd Floor, Miami, FL 33130
Phone: (305) 416-1296
Email: rerodriguez@miamigov.com
What is City of Miami doing about climate change?
i