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Resolution 2023-32696 RESOLUTION NO. 2023-32696 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT IN SECTION 2-367(E)OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AGREEMENTS WITH FLORIDA POWER & LIGHT (FPL), FOR THE INSTALLATION OF LEVEL 3 ELECTRIC VEHICLE (EV) FAST-CHARGING STATIONS, AT THE SOLE COST OF FPL (FPL PROGRAM),AT CITY PARKING LOTS,WITH THE AGREEMENT FOR EACH PARKING LOT HAVING AN INITIAL TERM OF TEN (10) YEARS, WITH THREE (3) ADDITIONAL ONE-YEAR AUTOMATIC RENEWAL TERMS, UNLESS EITHER PARTY OPTS NOT TO RENEW THE AGREEMENT; AND APPROVING THE INSTALLATION OF FOUR (4) LEVEL 3 FAST-CHARGING STATIONS AT EACH OF THE FOLLOWING PROPOSED CITY PARKING LOTS: 401 ALTON ROAD (P5); 2660 COLLINS AVENUE (P55); AND 1493 MICHIGAN AVENUE (P10), SUBJECT TO FPL COMPLETING ITS FEASIBILITY STUDIES; AND FURTHER AUTHORIZING THE CITY MANAGER TO MODIFY THE INITIAL PROPOSED LOCATIONS, APPROVE NEW PARKING LOT LOCATIONS, AND DETERMINE THE NUMBER OF EV FAST-CHARGING STATIONS FOR EACH PARKING LOT, AS NEEDED, WITH THE GOAL OF PROVIDING EV FAST-CHARGING SERVICES UNDER THE FPL PROGRAM AT CITY-OWNED PARKING LOTS IN THE NORTH BEACH, MIDDLE BEACH, AND SOUTH BEACH AREAS OF THE CITY. WHEREAS, electric vehicles eliminate ground level air pollution and reduce overall vehicular emissions, thus improving air quality and public health; and WHEREAS, Florida Power & Light, a Florida corporation ("FPL") has a program that has been approved by the Florida Public Service Commission, which includes the installation of Level 3 electric vehicle (EV) fast-charging stations and related equipment at FPL's sole expense, in order to provide more accessibility to EV fast-charging services and encourage use of electric vehicles (the "FPL Program"); and WHEREAS, the FPL Program will fund capital costs of the Level 3 fast-charging EV stations and charge the user for the EV charging services; and WHEREAS, the City and FPL have identified three initial parking lots: (1)401 Alton Road (P5); 2660 Collins Avenue (P55); and 1493 Michigan Avenue (P10), for the installation of four(4) EV fast-charging stations at each parking lot, subject to FPL completing its feasibility studies for these proposed locations; and WHEREAS, the goal of the Administration is to place EV fast-charging stations at City- owned parking lots located in the North Beach, Middle Beach and South Beach areas of the City; and WHEREAS, the Administration recommends approving the initial three proposed City parking lots, subject to FPL completing its feasibility studies; and WHEREAS, based upon the need for EV fast-charging stations and FPL's ability to install the infrastructure at no cost to the City, the City Manager recommends waiving, by 5/7th vote, the formal competitive bidding requirement in Section 2-367(e) of the City Code, as being in the best interest of the City, and granting the Administration authority to negotiate and execute agreements with FPL, substantially in the form attached to the City Commission Memorandum accompanying this Resolution, with an initial term of ten (10)years, with three (3) additional one-year automatic renewal terms, subject to each party having the opportunity to choose not to renew the agreement; and further authorizing the City Manager to modify the initial proposed locations, approve new parking lot locations, and determine the number of EV charging stations for each parking lot, as needed, in order to provide accessibility to additional EV fast-charging stations in the North Beach, Middle Beach, and South Beach areas of the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby waive, by 5/7th vote, the formal competitive bidding requirement in Section 2- 367(e)of the City Code, finding such waiver to be in the best interest of the City, and approve and authorize the City Manager to negotiate and execute agreements with Florida Power & Light (FPL), for the installation of level 3 electric vehicle (EV)fast-charging stations, at the sole cost of FPL (FPL Program), at City parking lots, with the agreement for each parking lot having an initial term of ten (10) years, with three (3) additional one-year automatic renewal terms, unless either party opts not to renew the agreement; and approving the installation of four (4) Level 3 fast- charging stations at each of the following proposed City parking lots: 401 Alton Road (P5); 2660 Collins Avenue (P55); and 1493 Michigan Avenue (P10), subject to FPL completing its feasibility studies; and further authorize the City Manager to modify the initial proposed locations, approve new parking lot locations, and determine the number of EV fast-charging stations for each parking . lot, as needed, with the goal of providing EV fast-charging services under the FPL Program at City parking lots in the North Beach, Middle Beach, and South Beach areas of the City. PASSED and ADOPTED this aG day of Ju 1w , 2023. ATTEST: JUL 2 8 2023 Dan Gelber, Mayor Rafael E. Granado, City Clerk If !c'S .IHCORP�OfaRATED^ V4-;• d RcH..26, APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION (3') Z — Zv -ti? City Attorney (lr1, Date ;I Resolutions -C7 S MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: July 26, 2023 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FLORIDA POWER & LIGHT (FPL), FOR THE INSTALLATION AND MAINTENANCE OF LEVEL 3 ELECTRIC VEHICLE (EV) CHARGING STATIONS,AT THE SOLE COST OF FPL, AT DESIGNATED CITY PARKING LOTS; WITH THE AGREEMENT FOR EACH CITY PARKING LOT HAVING AN INITIAL TERM OF TEN (10) YEARS, WITH THREE (3) ADDITIONAL ONE-YEAR AUTOMATIC RENEWAL TERMS, UNLESS EITHER PARTY OPTS NOT TO RENEW THE AGREEMENT; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SIMILAR AGREEMENTS WITH FPL FOR THE INSTALLATION OF LEVEL 3 EV CHARGING STATIONS AT ADDITIONAL CITY PARKING LOTS. RECOMMENDATION It is recommended that the Mayor and City Commission waive formal competitive bidding by 5/7ths vote and approve the Resolution authorizing the City Manager to execute an agreement with Florida Power& Light(FPL)for the installation and maintenance of Level 3 electric vehicle (EV)fast-charging stations at designated City parking lots at the sole cost of FPL. BACKGROUND/HISTORY On January 20, 2022, the City Commission adopted Resolution 2022-32000,. directing the Administration to evaluate opportunities and develop a plan to expand electric vehicle charging stations throughout the City. The Administration was directed to identify potential locations for the expansion of charging stations, estimate cost of installation and maintenance, as well as funding sources for the initiative, including grant funding. FPL approached the City with information about their EVolution program, which would facilitate installation of Level 3 charging stations at designated municipal parking facilities at no cost to the City. The Parking and Facilities and Fleet Management departments participated in multiple information gathering meetings with FPL. Following review of the FPL program and based on the benefits to the City, the City Attorney's Office reviewed FPL's proposed contract. The purpose was to enter into an agreement with FPL at no charge to the City,for the installation and maintenance of transformers, needed infrastructure and Level 3 charging stations at mutually Page 604 of 1588 identified City parking lots. Tangentially, the City is in the process of awarding a contract for the installation, maintenance and operation of Level 2 chargers at multiple municipal parking facilities. The City has also entered into an agreement with Tesla for the installation, maintenance and operation of fast chargers for Tesla vehicles. Although the City has a network of Level 2 chargers, given the heightened level of adoption of electric vehicles and the projected accelerated growth of the industry, the City is pursuing the installation of Level 3 chargers for faster EV charging with the purpose of promoting the continued expansion of EV's in the City. ANALYSIS There are three (3) levels of EV charging stations: Level 1, Level 2 and Level 3. Levels are based on electric current, voltage and charging speed. Level 1 and Level 2 charging stations • operate on alternating current (AC) and provide slower charging speeds. Level 1 chargers are primarily used in residential settings and operate at the slowest charging speeds. Level 2 chargers vary on charging speed depending on voltage. Level 3 chargers operate on direct current (DC), requiring more voltage but also providing the fastest charging speed. Depending on voltage and vehicle, a Level 3 charger could fully charge a vehicle in as little as 15 minutes as compared to hours required by Level 2 chargers. Level 3 chargers require the installation of transformers and related infrastructure to support the power necessary to operate the chargers. The City and FPL have reviewed parking facilities, aiming to install Level 3 chargers to serve the entire City (South, Middle and North Beach). Three (3) lots have been identified for the installation of FPL Level 3 charging . stations: P5 located at 401 Alton Road, P10 located at 1493 Michigan Avenue, and P55 located at 2660 Collins Avenue. Additional locations may be identified following evaluation of the sites. Summary of Terms Terms for the agreement are summarized as follows, as further described in Attachment A. Term: Initial ten (10)-year term Renewal(s): Three (3) one (1)-year automatic renewal terms, unless either party opts not to renew. Locations/Expansion: Proposed installation at three (3) parking lots; P5 located at 401 Alton Road, P10 located at 1493 Michigan Avenue,and P55 located at 2660 Collins Avenue. The City Manager would be authorized to modify the initial proposed locations, approve new parking facility locations, and determine the number of EV fast-charging stations for each location. FPL's primary obligations: installation, operation, maintenance, and replacement of EV Level 3 fast-charging stations and related equipment at FPL's sole expense at mutually agreed parking facilities. Collection of electricity consumption fees and payment of consumption costs for electricity dispensed from equipment. City's primary obligations: Providing parking facilities for installation and operation of EV fast- charging stations by FPL at City Manager's sole discretion, assisting with obtaining necessary Page 605 of 1588 permits, licenses and approvals for the installation and operation of the fast-chargers, providing FPL right of first refusal for installation of additional Level 3 fast-charging stations at parking facilities where FPL stations have been installed. User.Fees (for charging): Rates are currently established at .30 per kilowatt hour plus applicable taxes, as may be increased from time to time, in accordance with the Florida Public Service Commission. Maintenance: FPL will maintain units in working condition. Termination Rights: Both parties have a right to terminate the agreement. City agrees to pay for unamortized costs, should it terminate the agreement during the initial term. SUPPORTING SURVEY DATA According to the 2022 Community Satisfaction Survey,.59.4 percent of residents responding to the survey are informed about local climate change issues. Promotion of EV chargers in Miami Beach will assist in addressing environmental concerns related to climate change. FINANCIAL INFORMATION N/A CONCLUSION The installation of Level 3 fast-charging stations citywide will help to promote EV expansion by providing fast-charging alternatives. Furthermore, EV's improve air quality by reducing vehicular emissions. The program, however, requires significant infrastructure investment, which FPL will assume at no cost to the City. Entering into an agreement with FPL would be in the City's best interest; it would require the City Commission to waive by 5/7ths vote, the formal competitive bidding requirement.Agreements with FPL would have an initial term of ten (10)years with three (3)additional one-year automatic renewals, although either party may choose not to renew. Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item,..pursuant to .Bond Funds? City Code Section 2-14? Yes No Strategic Connection Environment & ,Infrastructure - Make existing and new government buildings, assets and fleet efficient, sustainable and resilient. Legislative Tracking Parking Sponsor Commissioner Alex Fernandez Page 606 of 1588 ATTACHMENTS: Description ❑ Resolution Page 607 of 1588