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Ord No 17-22-2438ORDINANCE NO. 17-22-2438 An Ordinance granting a franchise agreement to Florida Power & Light Company for Electric Vehicle Charging Stations, located within the South Miami Parking Garage, 5829 SW 73 rd Street, South Miami, FL 33143 and authorizing the City Manager to execute the Electric Vehicle Charging Equipment Agreement. WHEREAS, in April of 2022, the City of South Miami began managing and operating the South Miami Parking Garage. As part of the many improvements, the City is looking to implement for the benefit of the parking garage, and ultimately the City's parking customers to install, Electric Vehicle (EV) charging stations within the first 4 parking spaces, located to the left of the parking garage ramp entrance; and WHEREAS, Florida Power and Light (FPL) is looking for partners in urban areas that can dedicate four (4) parking spaces for a 10-year commitment, as part of their FPL EVolution program, which is a high-tech charging initiative that benefits businesses and EV drivers. FPL is looking to give EV drivers more range confidence and to help promote more EVs; and WHEREAS, the FPL EVolution program falls in line with what the City is looking to implement within the parking garage. FPL is committed to installing Level 3 EV charging stations at no cost to the City. FPL will maintain the EV charging stations, free of charge, pay for the electricity that they consume, and charge the users. The City will continue to collect the hourly parking rate while owners of EVs use the charging stations; and WHEREAS, the FPL Evolution program is for level 3 fast chargers that can charge most vehicles today in 30 minutes. FPL is offering to install 4, level 3 fast chargers within the dedicated parking spaces in the garage. The City and FPL will monitor utilization over time to determine if more EV charging stations are necessary; and WHEREAS, the FPL Evolution app is for public charging. A user can have multiple electronic payment methods to pay for charging on the app. Below are some of the key benefits related to the FPL Evolution program: • Attract new customers • No cost for equipment or installation; FPL manages construction, operation, and maintenance • No impact on the City's electricity costs • Provides charging opportunities to city visitors • Reinforces commitment to sustainability ; and WHEREAS, the existing terms of the agreement call for a 10-year term such that the net asset value of the chargers would be zero at the end of the term. In summary, the chargers would be sold to the City for $0, or the City can request FPL to remove the chargers. Ifremoved, it would be at FPL' s expense; and Page 1 of 2 Ord. No . 17 -22 -2438 WHEREAS the C ity Commi ss io n desires to grant a n Electric Vehic le Chargi ng Station Franch ise to F lo rid a Powe r & Light Com pan y . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recita ls are hereby ratified and incorporated by reference as if fully set forth herein and as the intent of th is Ordinance. Section 2 . T he C ity Ma nage r is a uth orized to e nt er into a Franchi se agreement wi th Flo ri da Power & Light Company , a copy of whic h is attac hed. The franchi se agreement wil l be fo r a term of ten ( I 0) yea rs (Initial Term )and will automatica ll y renew on a yea r-to-yea r basis after the In itial Term until the th irteenth ( 13th) anniversa ry of the date o n which commissioning for the Equ ipment was comp leted provided, however, in the event FPL delivers add iti o nal c hargi ng statio ns th e Init ia l Te rm wi ll term in ate o n the tenth (10th) an ni versary of the date on wh ich co mmissioning for the addition al equ ipment installed was completed whi ch shall not exceed the thirteenth ( 13th ) ann iversary of the date on w hich commissioning for the orig inal in stallati o n o f the Equipment was completed. Section 3. Conforming langu age or tec hnical scriven e r-type correct ions may be made by the City Attorney for an y conforming amendment s to be in co rp orated into th is Ordinance. Section 4. Severability. If any section c lause, se ntence, or phrase of this Ordinance is for a ny reason he ld in va li d o r uncon s titut io na l by a court of competent jurisdiction. the holding wil l no t affect the validity of the remainin g porti ons of thi s Ordinance. Section 5 . Effective Date. Th is Ordinance wil l become effective immediatel y upon enactment. PASSED AND ENACTED th is 16th da y of August, 2022. ATTEST: c~~~i I ST Readi ng -8/2/22 2nd Reading -8/16/22 R EAD AND APPROVED AS TO FORM , LANGUAGE, LEGALITY , AND EXECUT ION THEREOF ~a COMM ISS ION VOTE: Mayor Ph il ip s: Co mmiss ioner Harris: Co mmi ss ioner G il : Co mmi ssioner Liebman: Co mmiss ion e r Corey: Page 2 of 2 5-0 Yea Yea Yea Yea Yea Draft February 14, 2022 ELECTRIC VEHICLE CHARGING EQUIP MENT AGREEMENT This ELECTRIC VEHICLE CHARGING EQUIPMENT AGREEMENT ("Agreement") is made lh isc2I~ay of ~-k_Mrl>.r2022 ("Effect ive Date "), by and between _Cily...otso.uth.Miami ("Host"), with a loca tion al 5829 SW 73rd Street. South Miami. FL 33143 (the "Property") and Florida Power & Light Co mpany, a Florida corporation (·com pa ny'), with an address at 700 Universe Blvd CENJB, Juno Beach , FL, 33408. Host and Company are sometimes individua lly re ferred to herein as a "Party· and collectively as the "Parties." WH EREAS, Company desires to inst all and own electric vehicle charging and related equipment, in clud ing electrical power inve rte rs , interconnection equipment , electrical wiring, underground conduit, wire and cable management systems, charg ing stations, electric meters, metering and switch cabinets, and power distribution boxes (the "Equipment') on the Property and Host desires to have the Equipment ins talled an d agrees to permi t Company lo utilize the Property upon the terms and conditions set forth be low. 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 3. Cooperation. In general, the Parties agree to cooperate lo use the Property for the purposes of, and has the so le right (al achieve the purposes and intent of this Agreement. Host shall Company's cost and in Company's sole discretion) of, constructi ng, cooperate as necessary with Company (at no cost to Host) in inst alling, operating, inspecting, maintaining, repairing, en larging, Company's efforts to obtain all permits, licenses and approva ls modifying, removing (al any lime), testing and replacing the necessary for the installation and operation of the Equipment. Equipment and any additional equipment requ ired to dispense Company will not permit any lien aga inst the Property arising from electricity lo charge electric vehicles, together with the following the installation or operat ion of the Equip ment. Company shall (i) pay rights: (a) the righ t of ingress and egress 24 hours-a-day, 7 days a any persona l property tax which is attributable to the Equ ipment, and week; (b) the rig ht, at Company's sole cos t and expense, to (ii) be th e sole recipient and beneficiary of any and all such federal paint/stripe and to install signage (in either case, in a manner and/or state tax credits , and other financial incentives arising from substantially similar to the form attached hereto as Exhibit B) on and the installation and/or operation of !he Equipment. The right to around the Equipmen t; and (c) Company's quiet enjoyment of the access and use of Host's electrical system(s) includes for purposes Property needed for purposes of this Agreemen t shall not be of powering Company's computer equipment used in mon itoring the disturb ed. The location of the Equipmen t is as described in Exhibit electricity dispensed from the Equipment and record system data lo 8_. In the event that Company, in its sole discretion, determines tha t evaluate charging behavior. Host understands and ac knowled ges an easement is necessary for the sole purpose of connecting the that Company and/or its contractors will gather data and info rmation Equipme nt to the electrical grid, then Host shall grant Company an from the Equipm ent with respect to vehicle charging activity, vehicle easement in a mutually agreeable location in , on, over, under, usage and technical performance of th e vehicle and Equipment. through and across a portion of the Property to be identified by the Company shall own all rights lo such data and information. Hos! Parties in the form attached hereto as Exhibit C. acknowledges that such data and information will be used and 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 com missioning for the Equipment was completed (the "Initial Term "), and unless terminated earlier as herein provided, shall automatically renew on a year-to-yea r basis after the Initial Term until the thi rteenth (131h) anniversary of the date on which comm issioning for the Equip men t was completed (each year, a "Renewal Term ," and each Renewal Term together with the Initial Term, the 'Term"); provided, however, and notwithstandin g the foregoing, in the event Company delivers the Expansion Option Notice lo Host pursuant to Section 16 hereunder, the Initial Term shall termi nate on the tenth (101h) anniversary of the date on which commissioning for the additional Equipment installed pursuant lo Section 16 was completed, which sha ll not exceed the thirteenth (13 th) ann iversary of the da le on which comm iss ioning for the original installation of the Equipment was completed. If eit her Party elects not to renew this Agreement for a Renewal Term, then such Party must give a written notice of termination lo the other Party at least 90 days prior lo the expiration of the then-curren t Initial Term or Renewal Term , as applicable. In the event such notice is delivered, no furthe r aulomalic extens ions shall occur and this Agreement shall te rmina te at the end of the then-existing Initial Term or Renewal Term, as applicable. The Company may te rminate this Agreement at any time and for any reason by giving 30 days ' prior wrillen notice to Host. -1- disclosed by Company and third parties for the purpose of understanding and evaluating the impact of elec tric veh icles 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 ve hicle info rmation, visitor and employee counts, and user surveys). Hos t shall use commercially reasonable efforts lo perm it Company's customers to use the Equipment on Host's Properly on a 24 hours-a-day, 7 days a week, 365-days a year basis . 4. Payment for Electri city. Company is respon sible for paying all consumption costs for electricity dispensed from the Equipment. 5. Charge for Use of Equipment. Host acknowledges and agrees that Company will directly charge users of the Equipment for use of the Equipment pursua nt to the then -applicable ta ri ff rate. 6. Interference. Du ring the Term, Host shall not Interfere, or cause or permi t lo be caused any Interference, v1ilh the Equipment. For pu rposes of this Agreement, "Interfere· and "Interference• shall mean in terference 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. 1. Insurance. Each Party will maintain at all times during the Tenn, 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 or 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. 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 -2- 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 restricUon) 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 or 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 offrcer, 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: To the address set forth in the Preamble above. 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 ANYTH ING TO THE CONTRARY HEREIN, THE PARTIES ACKNOWLEDGE THAT COMPANY IS NOT PROVIDiNG ANY GUARANTEES (INCLUDING GUARANTEES OF PERFORMANCE) OR WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED (INCLUDING ALL WARRANTIES OF MERCHANTABILITY AN D FITNESS FOR A PARTI CULAR PURPOSE, AND AL L WARRANTIES AR ISING FROM COURSE OF DEALING OR USAGE OF TRA DE), UNDER TH IS AGREEMENT. 16. Additional Equipment. With in three (3) years after the Effective Date, Company may notify Host in writing or its intent to install and own additional Equipment at the Property up to the maximum spaces set forth in Exhibit A (the "Expansion Option Notice"). Upon delivery or such notice, Host shall permit such installation and ownership, which shall be subject to the terms and conditions of th is Agreem ent. In the event Host desires to have installed on the Property any electric veh icle charging and re lated equipment, the Host shall notify Company, in writing, of such des ire and Company shall, within 30 days after the re ceip t of such notice, notify the Host in writing of the terms and condi tions pursuant to wh ich Company is willing to so ins tall such additional equipment. If the Parties cannot agree on the terms and conditions for ins talling such additional equipment within 60 days after the Host's receipt of Company's terms and condi tions, then the Host may engage a third - party to so install such additional equipment; provided, however, the Host shall use commercia lly reasonable efforts to share (or cause such third party to share) data and information from such add itional equipment with respect lo vehicle cha rg ing activity, veh icle usage and technica l performance of the vehicle and such additional equipment. 17. Removal or Sale at End ofTerm . Within ninety (90) days after the expiration of the Term, Company shall, in it s sole discretion, either (a) remove all charging stations installed by Company al 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 sim il ar to prior to the installation of the Equipment, except for any underground infrastructure and co ncrete equipment pad(s) installed pursuant lo this Agreement (which may be left in place) and ordinary wear and tear. Company sha ll not be obliga ted to replant trees or shrubs in connection with the foregoing obligations. 18. Miscellane ous. (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, stale, regional, local and municipal governme ntal agencies. (b) Am en dment. No modification, waiver or amendment of th is Agreement or of any of its cond itions or provis ions shall be binding upon a Party unless in writing signed by that Party. · (c) Governing Law; Waiver of Jury Tri al. This Agreement shall be subject to and governed by the laws of the State of Fl orida, without re gard 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 brou ght solely in a court of competent juri sdiction in the State of Flori da . EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARI LY , AND INTEN TIONALLY WAIVES THE RIGH T EI THER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LIT IGAT ION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH TH IS AGREEMEN T. (d) Severability; Counterparts, Publicity. Shou ld any provision of this Agreement be held, in a final and un -appea lable de cisio n, to be either in valid, void or unenforceable, the re maining provisions or this Agreemen t shall rema in in full force and effect and the Parties shall negotiate in good faith to res tore insofar as practicable the benefits to each Party that were affected by such ruling. Th is Agreement may be execu ted in counterparts, which together shall constitu te 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 "pa rtnering " (or other term inology or si milar import) of eithe r Party wi th the other Party for the purposes of any of th e transactions contemplated her eby, but does not expressly reference th is Agreement or disclose an y of the terms hereof, shall not be subject to the provisions of th is subsec tio n. Fili ngs required by applicable law for any regulatory authority shall, by itself, not be deemed to violate the preceding se ntence. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly authorized officers as of th e date first above written. Host: Company (Fl orida Power & ~ Liq~ By 7 /,,,( f By'. ~-'----i""'¾=~- Name: Shari Kamali, ICMA-CM Name: Ti' {'(\OT\-l~ Ol.\Jt:: e:._ Title : City Manager Tille: VI t.€" ~\'he.-)1, rf-'L i>l?Jt:LDPME:i-:n-- ATTESTED REA RM, By u LAN UTION THE . By: Th omas Pepe C11y Allomey EXHIBIT C IS NOT APPROVED IN ITS CURRENT FORM -3- Prop erty Address: [5829 SW 73 rd Street]. Number of Spaces : Up to L!J spaces . Exhibit A-Location of Equipment Nu mber of Exp ansion Option Spa ce s: Up to L§..J spaces . I \_...•--:--- ~ . ""~ -'.!:.·./ ~-~2! 6 -FPL Evolu tion Level 3 'Chargers ... ! ~'J . -..:._ ''=--~=~· : -e-J..• fo I i'·l"=-,'.ur...,n. ' • • (A.~ I".. . -·•-•·- :.:.-==:·=---:::.:: ··-------·--·- -4 - Draft February 14 , 2022 WTJ 1 W.STER :>.t..RKN: .. Exhibit 8-Form of Signage @ FPL EVOLUTIDi'~. Parking Stall Signage (-12" x -18") E~ectdc Vet~ic ~e C lh a ~"g urnig Parking Stall Striping -5- Draft Februa ry 14, 2022 Agenda Item No:13. City Commission Agenda Item Report Meeting Date: August 16, 2022 Submitted by: Nkenga Payne Submitting Department: Finance Department Item Type: Ordinance Agenda Section: Subject: An Ordinance granting a franchise agreement to Florida Power & Light Company for Electric Vehicle Charging Stations, located within the South Miami Parking Garage, 5829 SW 73rd Street, South Miami, FL 33143 and authorizing the City Manager to execute the Electric Vehicle Charging Equipment Agreement. 3/5 (City Manager-Finance Dept.) Suggested Action: Attachments: Memo-EVolution_Franchise_Ordinance-July_2022-Updated_6-28 (3).doc Ordinance_granting_an_EV_Charging_Station_Franchise_to_FPL_CArev CCamended.docx EVolution Brochure.pdf EVolution Pitch Deck May 2022.pdf Form of EV Equipment Agreement Fast Charging - Commercial 021422.pdf MDBR Ad.pdf Miami Herald Ad.pdf MDBR Ad.pdf MH Ad.pdf 1 OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To:The Honorable Mayor & Members of the City Commission From:Shari Kamali, City Manager Date:August 16, 2022 Agenda Item No.: _______ Request:An Ordinance granting a franchise agreement to Florida Power & Light Company for Electric Vehicle Charging Stations, located within the South Miami Parking Garage, 5829 SW 73rd Street, South Miami, FL 33143 and authorizing the City Manager to execute the Electric Vehicle Charging Equipment Agreement. Background:In April of 2022, the City of South Miami began managing and operating the South Miami Parking Garage. As part of the many improvements for the benefit of parking garage, and ultimately the City’s parking customers, the City is looking to install to install Electronic Vehicle (EV) charging stations within the first 4 parking spaces, located to the left of the parking garage ramp entrance. Florida Power and Light (FPL) is looking for partners in urban areas that can dedicate four (4) parking spaces for a 10-year commitment, as part of their FPL EVolution program, which is a high-tech charging initiative that benefits businesses and EV drivers. FPL is looking to give EV drivers more range confidence and trying to help promote more EV adoption. The FPL EVolution program falls in line with what the City is looking to implement within the parking garage. FPL is committed to install Level 3 EV charging stations at no cost to the City. FPL will maintain the EV charging stations, free of charge, pay for the electricity that they consume, and charge the users. The City will continue to collect the hourly parking rate while owners of EVs use the charging stations. The FPL Evolution program is for level 3 fast chargers that can charge most vehicles today in 30 minutes. FPL is offering to install 4, level 3 fast chargers within the dedicated parking spaces in the garage. The City and FPL will monitor utilization over time to determine if more EV charging stations are necessary. The FPL Evolution app is for public charging. A user can have multiple electronic payment methods to pay for charging on the app. Below are some of the key benefits related to the FPL Evolution program:2 Page 2 of 2 WHEREAS the City Commission desires to grant an Electric Vehicle Charging Station 1 Franchise to Florida Power & Light Company.2 3 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 4 COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:5 6 Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if 7 fully set forth herein and as the intent of this Ordinance.8 9 Section 2. The City Manager is authorized to enter into a Franchise agreement with Florida 10 Power & Light Company, a copy of which is attached. The franchise agreement will be for a term 11 of ten (10) years (Initial Term)and will automatically renew on a year-to-year basis after the Initial 12 Term until the thirteenth (13th) anniversary of the date on which commissioningfor the Equipment 13 was completedprovided, however, in the eventFPLdelivers additional charging stations the Initial 14 Term will terminate on the tenth (10th) anniversary of the date on which commissioning for the15 additional equipment installed was completed which shall not exceed the thirteenth (13th) 16 anniversary of the date on which commissioning for the original installation of the Equipment was 17 completed. 18 19 Section 3.Conforming language or technical scrivener-type corrections may be made by 20 the City Attorney for any conforming amendments to be incorporated into this Ordinance.21 Section 4. Severability.If any section clause, sentence, or phrase of this Ordinance is for 22 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will 23 not affect the validity of the remaining portions of this Ordinance.24 25 Section 5. Effective Date.This Ordinance will become effective immediately upon 26 enactment.27 28 PASSED AND ENACTED this ____ day of _____________, 2022.29 30 ATTEST:APPROVED:31 32 ___________________________________________33 CITY CLERK MAYOR34 1ST Reading35 2nd Reading36 37 READ AND APPROVED AS TO FORM, COMMISSION VOTE:38 LANGUAGE, LEGALITY, AND Mayor Philips:39 EXECUTION THEREOF Commissioner Harris:40 Commissioner Gil:41 Commissioner Liebman:42 _______________________Commissioner Corey:43 CITY ATTORNEY44 5 Are you ready to be part of the FPL EVolution fast charging expansion? Contact us at FPLEvolution@FPL.com 107988 Become an FPL EVolution fast charging host Our fast charging network is designed to make it easier for Floridians to drive electric. With more than 80 stations already installed throughout the state, FPL is giving electric vehicle drivers more range confidence, while helping promote EV adoption. FPL has a plan to expand its fast charging network into urban areas by partnering with leading organizations like yours to increase access to fast chargers in metropolitan areas. Benefits »Attract new customers »FPL manages the construction, operation and maintenance of fast charging equipment at your location »Efficient and professional installation by a dedicated team of installers »Provides charging opportunities to city dwellers »Reinforce commitment to sustainability FPL provides installation and maintenance »FPL will provide the charging equipment and manage the construction and maintenance. »No impact on electricity costs. FPL is looking for partners in urban areas that can dedicate four parking spaces for a 10 year commitment. Looking for partners Fast Chargers are gaining speed 6 Drive More Business with EV Charging 7 2 Rapid EV expansion Global EV market will increase 4x by 2026, to $1 trillion(3) Florida #2 in nation for EVs(1) - 200 400 600 800 1,000 1,200 Thousands25%of vehicles sold will be electric by 2030(4) EVs in Florida 1) National Renewable Energy Laboratory 2) Reuters 3) Statista Consumer Insights 4) Edison Electric Institute Over $515 billion in global investments(2) 8 3 Becoming an FPL EVolution partner benefits you and your community 89% of EV drivers typically make a purchase when charging at a retail location(1)43% of EV drivers become regular visitors(2) 77%of consumers think it is important that a brand is sustainable and environmentally responsible (3) 3) EvGo Driver Survey 2) BigCommerce Survey 3) IBM: 2020 Consumers Driving Change 9 4 ►Attract new customers: 89% of EV drivers make a purchase at retail charging sites ►Promote your location with dedicated FPL EVolution app ►Reinforce your commitment to sustainability by providing 100% renewable energy ►No fees for equipment or installation; FPL manages construction, operation and maintenance ►No impact on your electricity costs Increase traffic without a capital investment 10 5 FPL will: ►Design, permit, construct, install, operate, and maintain charging stations with ZERO cost to site hosts ►Establish a separate utility at each location, not rely on existing site infrastructure and add a dedicated transformer (requires easement) ►Deploy future-proof charging technology and $100 MM in EV infrastructure over the next 4 years FPL is uniquely positioned to be your premier EV charging partner ►More than three years of experience building 200+ charging locations throughout Florida ►FPL provides power equipment, signage and striping ►10-year commitment ►Option for 2 space expansion only4 spaces to start making a difference 11 6 ►FPL EVolution app promotes your location ►Mapping tools with charging locations, availability, amenities, and pricing ►Initiate and pay for charging ►Real-time charging status ►Email and text notifications ►Charge session history ►Self-help FAQs Seamless driver experience 12 7 Optimal site criteria Segment Description Siting Strategy Criteria Highway Targeting travel and evacuation routes throughout FPL’s service territory approximately every 25 miles Major highways and connecting corridors Perimeter routes serving rural regions and towns Metro Targeting drivers without easy access to home charging Dense metros and highly trafficked neighborhood plazas Additional focus for low-income and underserved areas Highway exits Safe 24/7 Access Amenities Evacuation Safe 24/7 Access AmenitiesMetros Low income & underserved 13 8 Next steps Site Host Agreement Site Planning and Diligence Design, Permitting, & Construction Utility Interconnection Installation and Commissioning Operation, Maintenance, & Customer Service Today 8-10 months 14 Draft February 14, 2022 -1- ELECTRIC VEHICLE CHARGING EQUIPMENT AGREEMENT This ELECTRIC VEHICLE CHARGING EQUIPMENT AGREEMENT (“Agreement”) is made this ___ day of __________, 2022 (“Effective Date”), by and between _________________________________________________ (“Host”), with a location at ___________________________________________________________ (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, 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; 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. 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 (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”); provided, however, and notwithstanding the foregoing, in the event Company delivers the Expansion Option Notice to Host pursuant to Section 16 hereunder, the Initial Term shall terminate on the tenth (10th) anniversary of the date on which commissioning for the additional Equipment installed pursuant to Section 16 was completed, which shall not exceed the thirteenth (13th) anniversary of the date on which commissioning for the original installation of the Equipment was completed. 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 cooperate as necessary with Company (at no cost to Host) in 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). Host shall use commercially reasonable efforts to permit Company’s customers to use the Equipment on Host’s Property on a 24 hours-a-day, 7 days a week, 365-days a year basis. 4.Payment for Electricity. Company is responsible for paying all consumption costs for electricity dispensed from the Equipment. 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 City of South Miami5829 SW 73rd Street, South Miami, FL 33143 15 -2- 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. 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. 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: To the address set forth in the Preamble above. 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. 16 -3- 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, WHETHER STATUTORY, 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. Within three (3) years after the Effective Date, Company may notify Host in writing of its intent to install and own additional Equipment at the Property up to the maximum spaces set forth in Exhibit A (the “Expansion Option Notice”). Upon delivery of such notice, Host shall permit such installation and ownership, which shall be subject to the terms and conditions of this Agreement. In the event Host desires to have installed on the Property any 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.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, 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. 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: By: _____________________ Name: Title: Company (Florida Power & Light Company): By: _____________________ Name: Title: Shari Kamali, ICMA-CM City Manager 17 Draft February 14, 2022 -4- Exhibit A—Location of Equipment Property Address: [____________________________________]. Number of Spaces: Up to [___] spaces. Number of Expansion Option Spaces: Up to [___] spaces. 5829 SW 73rd Street, South Miami, FL 33143 4 6 18 Draft February 14, 2022 -5- Exhibit B—Form of Signage Parking Stall Signage (~12” x ~18”) Parking Stall Striping 19 Draft February 14, 2022 -6- Exhibit C—Form of Easement Agreement 20 WOllk Ra,qua.st No . __ Sec._, 'Twp _ S , R9e _ E Pa ,cal I_[), __ _ (M!,inlM!i!d b'f Coirlly /lpJ>'ai!i<!I") EASEMENT (BUSI NIESS ) Tim ln sbunml Prl!Jl ·l!d ii), Naml!t Co.N-. 1,6;1;.,~ -- e undersigned, In ,CMsid'eratlon o lhe paymenl ot $1.00 and oth good and valuab le consid ration , ~he ada,q,uacy and recer. of Wnlch na·reby ackl'iOW,)edgad , grar1t and give to Florida Power Lght Company, Its a !ales, 1Jc1ms -, agar1ts, st1CC8SS0:rs , .and ass igns · ("FP L"). a nor,.. ,excJLIS!tve ,easemen t fruever for 1h cons1rudlon. op alion and nna lntenance ,of ov ,haacl and und91iQliau cl I ctrtc utili ty facl l ' s (lnclh ng I.W8S. poles , ,guys , cab l s, conduits and a;ppu r1.an t qu ip , r1tl to o.e lnsta lfecl from time to tlme ; th Iha, rig ht to reconstruct. lmpmve, .ada to. nlarge , mange the vol ~g as II .at lf'I ~ ol. and mOYe st1ch faci lities ,or .a ny ot th m In an ,c:asemenl desorlbed .ar; fo lows : & Exh lbil "A rE.asemer1t Area") · ogalher with 1h right to perm tl .any oth p !l'soni. ~rm , or ,corpor.allon to .allaoh wires to ariy facl ties heJ1etJnd r and ta.y callle and cof'ldull wt n die Eas :m · r1t Area .a cl to operal.9 11'19 sam tor oommunlcallons ptl!'Poses.: Iha, right ,of gress and ,ii,g ss to l.ih Easemenl Me.a, .al all lim ; the righl to dri:ar ~'h land and Ice p ti cl a ,!Id of al l es, n rgrowth and otl'llil ,obstructions wi thin lhe Eas m nt Arna : Iha right to tri m .ancl ,cut and k'l!! p llinnmed and cul dtiacl, ·wea leaning o d.angaroos lri s or mbs ootsld& o lhe Easem nl Mea, M'!lch might lrl t re th or fall upon lhe lrwis or sysl! ms ,of commrunlcatlons or ~r transmlssfon or di:suibutlon ,; and rurlhar ,wants,_ to ~he 'f !!St flldanl Iha, uncle gn has lhe pi)W9 to ,grant. at all, Iha, rig ts hare abov grar1tecl on the Eas m f'ltA!li9.a , n retofolie described. ow . .akl~, unde r .and across the roads . streets or hlghw.a,ys a joiillng o· throogh said Ei3S1!1mMII Ar8a. · IN W ITNESS WHEREOi:, Iha und!ll!Slg~d has signed and sti:a cl ds l'IS'lrumenl on -------~20_. Sign ed, se.a cl .ancl d I oo r1 !he, pr;a,s,enoe Cl€: 'IMlite-3 SijilSILa\eJ Print Name:----~~~~------~ Print Name:-------~------ (Wilne'!<s) S :ATE O _____ AND OOUNT"I" 0 befOl\a me, lhls day o En uty name Bf ________________ _ Print Name:: PrmA.ddresa: ____________ _ 20_, by he toregoa11g l l'IS'trumenl was acmmwidgecl lhe ____________ of ___________ a-------------~ o Is purson.a[ly known to 1'1118 or has produced as Id nllflca1iion , and who did (di'!:! not) ta'ke .a n oath . {T'lfli' of ldmlificali on) RliilNlli'iil!l _________ _ 21 MIAMI-DADE STATE OF FLORIDA COUNTY OF MI AMI -DADE: Befo re the und ersig ned autho rity pe rso nally appear ed MARIA MESA , who on oath says that he or she is the LEGAL CLERK , Legal Notices of the Miam i Dail y Bus iness Review f/k/ a Miami Rev iew, a dai ly (exce pt Saturd ay , Sunday and Lega l Hol idays) newspaper , publi shed at Miami in Miami -Da de County , Florida ; that the att ached copy of advert isement , be ing a l egal Advertisement of Notice in the matter of CITY OF SOU TH MIAMI • PUBLIC HEARINGS • AUG . 2, 2022 Jn lhe XXXX Court , was publish ed in sa id newspaper by pnnt in the issu es ol and/o r by publication on the newspaper's website , 11 authorized , on 07/22/2022 says I/Jal the newspaper co mpl ies with all !:Jll,e~;::::::!2l.._,£.PUb li cati on in chap ter 50 , Flo ri da S e ore me this 22 day of JULY , A.O . 2022 cslALJ MAR IA MESA personally known to me ··•"•~--BARBARA THOMAS /{~-:~\ Commlsslon#HH187442 • i~-~:t Expires November 2, 20 25 ·<t.l:(fJ~~~··· Bonded ThN T1oy Fail lnlurance 800-385-7019 CITY OF SOUTH MIAMI, FLORID.A CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to fu nction and conduct vital business during the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of its citizens, officers, officials an d administrative staff, and pursuant City of South Miami Code, Chapter 286.011 , Fla Stat, the City's Home Rule Powers , and City Manager's declaratlon of a state of emergency due to the Coron avlrus , the City will be holding its City • Commission Meeting live In chambers and VIRTUALLY through communication s media tech nology (CMT) until the state of eme rgency has ended or social distancing Is no longer required by any relevant Exe cu tive Orders. Al l Commission members will participate in Chambers or by video conferenci ng through the Zoom platform and member.! of the public may join the meeting via Zoom at (https ://zoom.usfi,'3056636338) and participate . At a minimum, at least three members of the City Comm ission will be physically present in the City Commission Chambers 1 and they will be broadcast on the Zoom platform along with all other members of the Commission, City Staff and the public who may attend remotely from the Commission Chambers and from othe r locations . The meeting Is scheduled to begin on Tues<!av. August 2. 2022.,at 7:00 p.m. to consider the following public hearing ltem {s): An Ordinance granting a franch ise agreement to Florida Power & Light Company for Electric Vehicle Charging Stations, located vvithin the South Miami Perki ng Garage, 5829 SW 73rd Street, South Miami, Fl 33 143 an d authorizing the City Manager to execute \he Electrtc Vehicle Charging Equipment Agreem ent. If you desire to present evidence or you are unable to use Zoom , the re are procedures to follow and other options available including a dedicated phone line to listen and participate In the meeting and limited publi c attendance , all of which is set forth in the meeting notice posted at City Hall and at htt :l ww .south · mlfi 9 /580 Public-eetin s-Notices. Anyone who wishes to review pending app lication, supporting documen tation or who desire to have documents made available for viewing by every one during the meeting must contact 1he City Clerk by cal li ng 305-663-6340 . 22 • ~+y of Soitrh M iam; Note that pursuant to Florida Statutes 286 .0105, a person who decides to appeal any decision made by a Board , Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appea l and such person will be required to have a vematim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based. ADA; To request a modification to a policy, practice or procedure or to request an auxil ia,y aide or service in order to participate in a City program , aollvlty or event, you must on or before 4;00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Cler11 by telephone: 305-663-6340, by mall at 6130 Sunset Drive, South Miami, Florida or emall at npayne@southmiamlfl.gov. Nkenga A Payne, CMC, FCAM City Cieri< 1 The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166 .041(4) ... A majority of the members of the governing body shall constitute a quorum. AA affirmallve vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution. ·- 7/22 22-127/0000610062M 4SE ...................................................................................................NEIGHBORS SUNDAY JULY 24 2022 Any piece of scuba div­ ing equipment that doesn’t do its job threatens the life of the diver. That’s why Aqualung recalled about 16,400 of its i330R Scuba Diving Computers. The problem, according to the U.S. Consumer Product Safety Commis­ sion recall notice: “The recalled diving computers can fail to adjust to the user’s altitude and display incorrect calculations for sea level dive times at altitudes exceeding 3,000 feet, posing injury (decompression sickness) and drowning hazards.” The alert says Aqualung knows of one time the time dive computer showed an incorrect calcu­ lation because it failed, but no one was injured. This covers mostly mo­ del No. Black/NS159000 from serial No. GD­001004 to GD01532, which account for 14,000 units. Another 2,200 units are model No. 2­Gauge, PSI/NS159001, serial No. GM­001000 to GM­003005. Only 129 units are model No. 2­ Gauge, Bar/NS159002 from serial No. GM­001011 to GM­001269. Aqualung wants users to reach out to the company for a free repair, either via the DiverLog+ app, con­ tacting Aqualung online or bringing the computer to a dealer or dive center.  For questions, contact Aqualung at 877­379­ 7694, Monday through Friday, noon to 8 p.m., Eastern time, or by email­ ing support@aqualung.com. David J. Neal: 305­376­3559, @DavidJNeal PRODUCT RECALL Recall: Scuba diving computers for a malfunction that can make them a drowning hazard BY DAVID J. NEAL dneal@miamiherald.com U.S. Consumer Product Safety Commission The recalled Aqualung i330 Scuba Diving Computer 23 24 .. MIAMI -DADE STATE OF FLOR IDA COU NTY OF MIA MI -DADE: Before the undersigned authority personally appeared MARIA MESA , who on oath says that he or she Is the LEGAL CLERK , Legal Notices of the Miami Da ily Business Review f/k/ a Miami Review , a daily (excep t Saturday , Sunday and Lega l Holidays) newspaper , published at Miami in Miami -Dade Co unty. Florida ; tha t the attached copy of advertisement , be ing a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI -PUBLIC HEAR INGS -AUG . 16 , 2022 Jn lhe XXXX Court, was published fn said newspaper by print in the Issues of and/or by publication on the newspaper's website , If authorized , on 08 /05 /2022 Affiant further says that the newspaper comp li es with all legal 101 publication in chapter 50 , Florida e this 5 . A.O. 2022 ~~ {SEAL) MARIA MESA personally known to me ,, ....... ,, "'--·"ARA i' 'Ol "$ ~>/'\"•~• <:-JI.., 1l ,r,n //'A'\ \ Commission # HH 187442 l~J.~-i! Expires November 2, 2025 ·•!,~kr,f.;?.°!:·· 8ood1d Thill Troy Fm Insurance B00-385-7019 CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CM1) until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/'i/3056636338 and participate. At a min imum, at least three members of the City Commission will be physically present in the City Commi ssion Chambers 1 and they will be broadcast on the Zoom platform along with all other members of the Commission, City staff and the public who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled to begin on T11c~ Au,,,_,,,ust..._,1"'6,...,.,=,,._,,_,...,_,_,"'--'= io cons ider the fo_llowing public hearing item{s}: A Resolution authorizing the City Manager to execute a multi-year Intergovernmental Agreement with Miami-Dade County for canal maintenance for the Ludlam Glades and Broad Canals. A Resolution authorizing the City Manager to execute an agreement and to procure professional catering services with Sushi Maki Catering Corp d/b/a Medley Gourmet Foods for the City's senior meals program. A Resolution authorizing the City Manager to enter into a multi-year agreement with Management Partners, Inc., for performance-based audit services for each City division/department pursuant to the City Charter. A Resolution ~lating to the appeal filed by Stunnas Al LLC from a decision of the City Manager regarding an order to show cause why the Business Tax Receipt of the company should not be revoked. 25 An Ordinance granting a franchise agreement to Florida Power & Light Company for Electric Vehicle Charging Stations, located within the South Miami Parking Garage, 5829 SW 73rd Street, South Miami, FL 33143 and authorizing the City Manager to execute the Electric Vehicle Charging Equipment Agreement. If you desire to present e,iidellcear ynu are 11~1&.te use ~ are procedures to follow and oth er options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at h : www.s.Q.uthrnjamifl . ov/580/Public-Meelin s-Notices. Anyone who wishes to rev iew pending application, supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. 1 The min imum standards for adopting a resolution or enacting an ordinance are set forth In 166.041 (4) ··• A majority of the members of the governing body shall constitute a quorum . An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution : ·- Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any dec ision made by a Board , Agency or Commission with respect , to any matter considered at Its meeting or hearing , a record of the proceedings will be requ ired for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal Is to be based . ADA: To request a modification to a policy , practice or procedure or to request an auxiliary aide or service in order to participate in a City program , activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663 -6340, by mail at 6130 Sunset Drive , South Miami, Florida or email at npayne@southmiamifl.gov. 8/5 Nkenga A. Payne, CMC, FCRM City Clerk 22-115/0000612701M SUNDAY AUGUST 7 2022 NEIGHBORS...................................................................................................19SE 26 1.00~- 19-Month CD Spec ial $500 Minimum 29-Month CD Special $500 Minimum 39-Month CD Special $500 Minimum 3.00~- 59 -M ont h CD Special $500 Minimum The best CD rates aren't just on line . They are at your neighborhood Third Federa l, too. With conven ient locat ions to serve you, ca ll or visit us today. Same great rates ava il ab le in-branch and at www .thirdfederal.com . ThirdFederal® SAVINGS & LOAN thirdfederal.com Call or visit one of our convenient locations. Boca Raton I 561-347-7433 • Delray Beac h I 561-637-6469 Greenacres I 561-964-6660 • North Palm Be ach I 56 1-630 -6488 Co ralSprin gs I 95 4-340-40 32 Member FDIC Hall an dale I 954 -45 7-2488 Pl ant at ion I 954 -4 72 -6039 HNI. Ol~0/111 1 5Tlf.N5KI f OU NOfU 'Annua l Percentage Yie ld (A PY) is accurate as of 7 /29/22. Mi ni mum depos it of $500 to open and earn stated APY. Depos its over $1,000,000 subject to review. CDs subject to pena lty for ear ly w ithdrawa l. An ear ly w ithdrawa l may reduce earn i ngs. Offers and rates sub ject to change at any t ime. Funds in sured accord i ng to FD I C i nsurance requ irements. ©2022 Third Fede ral ~ VILLAGE OF PINECREST Public Notice On Tuesday, September 13, 2022, at 7:00 p.m., the Village Council will conduct the following Public Hearing to be held at the Pinecrest Municipal Center, Council Chamber, 12645 Pinecrest Parkway, Pinecrest, Florida: Hearing #2022-0913-1. Crimson Ibis, LLC (Owner), and Lou Campanile, Jr. (Applicant) are requesting approval of a preliminary subdivision plat ("Crimson Ibis") for the division of property and creation of two (2) single-family residential lots on property located at 9300 SW 60 Court, Pinecrest, Florida, within the EU-1, Residential Estate zoning district. Lot 1 is proposed to be 1.625 acres in net area; and lot 2 is proposed to be 2.619 acres in net area. Interested parties are invited to appear in person or virtually and be heard -Visit www.pinecrest-fi.gov/live for details. For additional information, you may contact the Building and Planning Department by calling 305.234.2121, via e- mail at planning@pinecrest-fi.gov or writing to the department at 12645 Pinecrest Parkway, Pinecrest, Florida 33156, where a copy of the application is on file. Refer to the Hearing Number when making an inquiry. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Village Clerk at 305.234.2121 not later than seven business days prior to such proceeding. Should any person decide to appeal any decision of the Village Council with respect to any matter considered at such meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). www.pinecrest-fl.gov Priscilla Torres, CMC Village Clerk CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CMT) until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/j/3056636338) and participate. At a minimum, at least three members of the City Commission will be physically present in the City Commission Chambers1 and they will be broadcast on the Zoom platform along with all other members of the Commission, City Staff and the public who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled to begin on Tuesday, August 16, 2022, at 7:00 p.m. to consider the following public hearing item(s): A Resolution authorizing the City Manager to execute a multi-year Intergovernmental Agreement with Miami-Dade County for canal maintenance for the Ludlam Glades and Broad Canals. A Resolution authorizing the City Manager to execute an agreement and to procure professional catering services with Sushi Maki Catering Corp d/b/a Medley Gourmet Foods for the City's senior meals program. A Resolution authorizing the City Manager to enter into a multi-year agreement with Management Partners, Inc., for performance-based audit services for each City division/department pursuant to the City Charter. A Resolution relating to the appeal filed by Stunnas Fit LLC from a decision of the City Manager regarding an order to show cause why the Business Tax Receipt of the company should not be revoked. An Ordinance granting a franchise agreement to Florida Power & Light Company for Electric Vehicle Charging Stations, located within the South Miami Parking Garage, 5829 SW 73rd Street, South Miami, FL 33143 and authorizing the City Manager to execute the Electric Vehicle Charging Equipment Agreement. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http://www.southmiamifl.gov/580/ Public-Meetings-Notices. Anyone who wishes to review pending application, supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. Nkenga A. Payne, CMC, FCRM City Clerk 'The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041 (4) ••• A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution. •••