R19-0371
RESOLUTION NO. R19- 037
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO SIGN AN AGREEMENT WITH FLORIDA
POWER & LIGHT COMPANY FOR THE PURCHASE AND
INSTALLATION OF ELECTRIC VEHICLE CHARGING
EQUIPMENT ON CITY PROPERTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Florida Power & Light Company (FPL) is launching a new "Evolution'
pilot program to help promote the growth of electric vehicles (EV) infrastructure and has invited
the City of Boynton Beach to participate by hosting EV -charging equipment on City property;
1 and
1
1
1
1
2
2
WHEREAS, FPL will provide installation and maintenance of charging equipment,
dedicated EV parking stall striping and signage, and EV driver support at no cost to the City;
and
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve
and authorize the City Manager to sign an Electric Vehicle Charging Equipment Agreement
with Florida Power & Light Company to install electric vehicle charging stations and related
equipment on City property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution upon
211 adoption.
CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\6B0586C8-OC4B-465E-B6DF-09923BEB33D9\Boynton
Beach. 15487.1.Agreement_for_Electric_Vehicle_Charging_(FPL)_ _Reso.docx
- 1 -
311
4
41
4
471
49
511
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves and authorizes the City Manager to sign an Electric Vehicle Charging Equipment
Agreement with Florida Power & Light Company to install electric vehicle charging stations
and related equipment on City property, a copy of the Agreement is attached hereto as Exhibit
«A„
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this _fir _day of , 2019.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
— lj&_� 5�4
Jud' h A. Pyle, CM
Cit Clerk
(Corporate Seal)
CAProgram Files
Beach. 15487.1.A
Mayor — Steven B. Grant
Vice Mayor — Justin Katz
Commissioner — Mack McCray
Commissioner —Christina L. Romelus
Commissioner — Ty Penserga
VOTE
` pY NCl
Tp
1920`04.
.)_-_Reso.docx
-2-
YES NO
waiving Party's insurance. Each Party shall waive all rights of
subrogation of its respective insurers.
8. Indemnification. Each Party (the "Indemnifying Party")
shall indemnity 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 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
and Relocation of Equipment. 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. During the Term, Host may request,
in writing, that Company move the Equipment to another location on
the Property. If Company approves such relocation, in its
commercially reasonable discretion, Company shall, at the Host's
cost and expense, relocate such Equipment on terms mutually
agreed upon by the Parties.
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;rop vided, 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.
-2-
13. Assignment. Neither Party shall assign this Agreement or
any interest herein without the prior written consent of the other
Party;rop vided, 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 (31d) 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 Corporate Real Estate at the address set
forth in the Preamble above.
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. Miscellaneous.
(a) 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.
(b) 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
>w.uc 1
y
I
LSA -36
FRq. c-Iy
I
C[IN4 17[ -
ELEC 170
EY_ ELEC
13S
SM.ITY ::j�TY HALL
HEADEIwC ANL LINRMY
7ii4�I]�
I'M
Fx8
4�5L �
1TYPE t I
fz7
-Y41j%
3 >l
--4
Exhibit A—Map
South Garage
II
n
l
� I
I I
J 1 i
F 2
For 1 ILSA-32.34�P_-28+
F4T�
I j3 ,-•-. .LSA -26,28,31
LLSA-1. 5 I l 3�
1` \ t T-. If 4>
1
i
y
I
t 4
I
o
1
I I
I +
�
T�' ... ..•
`
p1 ; ___-_ ._zIC
�rFi
PSE 1S7 AVE
^ECE TRI4N TEE 4/HH
rES I
[_
�RO_INI TEE AJE-SDI
+
_
SOUTH
PARKING
GARAGE
City Center
FAV - - -
7x5 T71�
P'S'
NE :ST
Fxb� -
�F�
1
EY TYPE 11
.FWkG[NG STATION SLHML
\ ="E:LPA"CPL IEUVU.
t
7 4-1.
1` LIFT STATION s ` I++rJ % >� - - -- - - - F�• I
LMAL DIS.ONNE-_T \ -XL --
.a-i [ 1¢4
F4u
"3
I
'Th t =1st
HIGH' • - s' I
P aa, , - LFOLItEA FATS
�4 hEL' FYL FAD �'Q.INT H`1JE, 1-
v IS I
�: . ! I Tk4VSFOWNE7i I
1 _4
[ � 1
' I-UExI�TI� FPL TNAasF13 111& �[
TO NE wMvEl
MR` P -JILL; - F4
0 -"EY Y E ]I F4 Y 1� - - ' • \i_ �T9. I�
.:{SRG]NG STAMN ¢^;`.At;-�9 11 -IC
FIF",
" �- -- - -- -- -- -- - -- -- -- •_ � .�
!I,Esr-: s —'
1 ;ir• 1 ir2' Lr
{{ R13 SEN:. a Lcerll CROSS NI� 'OSS[INNGI��— a+ -
F4 r 37 >L.d Y7y 4 HHE]ry�iLSe 33 �� EHH-:L �Y EHH-17--
E. OEEA% AVE
' FIDL TiuCK
-4-
II
n
v
�—
I
C
FAV - - -
7x5 T71�
P'S'
NE :ST
Fxb� -
�F�
1
EY TYPE 11
.FWkG[NG STATION SLHML
\ ="E:LPA"CPL IEUVU.
t
7 4-1.
1` LIFT STATION s ` I++rJ % >� - - -- - - - F�• I
LMAL DIS.ONNE-_T \ -XL --
.a-i [ 1¢4
F4u
"3
I
'Th t =1st
HIGH' • - s' I
P aa, , - LFOLItEA FATS
�4 hEL' FYL FAD �'Q.INT H`1JE, 1-
v IS I
�: . ! I Tk4VSFOWNE7i I
1 _4
[ � 1
' I-UExI�TI� FPL TNAasF13 111& �[
TO NE wMvEl
MR` P -JILL; - F4
0 -"EY Y E ]I F4 Y 1� - - ' • \i_ �T9. I�
.:{SRG]NG STAMN ¢^;`.At;-�9 11 -IC
FIF",
" �- -- - -- -- -- -- - -- -- -- •_ � .�
!I,Esr-: s —'
1 ;ir• 1 ir2' Lr
{{ R13 SEN:. a Lcerll CROSS NI� 'OSS[INNGI��— a+ -
F4 r 37 >L.d Y7y 4 HHE]ry�iLSe 33 �� EHH-:L �Y EHH-17--
E. OEEA% AVE
' FIDL TiuCK
-4-
Exhibit i3—Fonn of Signage
Parking Stall Signage (12" x 18")
Electric
Vehicle,
Parking Stall Striping
-5-