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Concession Agreement between CMB & Blink Network, LLC
DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 CONCESSION AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA um BLINK NETWORK, LLC FOR THE INSTALLATION, OPERATION, MAINTENANCE AND MANAGEMENT OF ELECTRIC VEHICLE CHARGING STATIONS FOR THE CITY'S PARKING FACILITIES, PARKING GARAGES AND SURFACE LOTS, PURSUANT TO CITY OF MIAMI BEACH PURSUANT TO REQUEST FOR QUALIFICATIONS 2023-043-WG 1 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 INDEX SECTION TITLE PAGE SECTION1. TERM................................................................................................................................... 5 SECTION 2. CONCESSION SERVICE ZONE AND CONCESSION AREA(S).............................. 5 2.1 Concession Service Zone........................................................................................................ 6 2.2 Concession Area(s)................................................................................................................... 6 SECTION3. USE(S)................................................................................................................................. 6 3.1 Electric Vehicle Charging Services......................................................................................... 6 3.2 Design, Permitting, Delivery, Acceptance and Installation of EV Stations, .. .................... 6 3.4 Additional Electric Vehicle Charging Stations....................................................................... 7 3.5 Relocation and Removal of Electric Vehicle Charging Stations ......................................... 8 3.6 Construction Insurance......................................................................................................... 9 3.7 Price Schedules....................................................................................................................... 10 3.8 Ownership of Electric Vehicle Charging Stations. The EV Stations shall be the sole and exclusive property of Concessionaire during the Term of this Agreement ......................... 10 SECTION 4. CONCESSION FEES...................................................................................................... 10 4.1 Revenue Payment................................................................................................................... 10 4.2 Reports ..................................................... 4.3 Collection of Revenue............................................................................................................. 11 4.4 Electricity Charges................................................................................................................... it 4.5 Payment Remittance. All payments due to the City hereunder shall be sent to the followingaddress: ................................................................................................................................ 11 4.6 Interest for Late Payment .............................................. ..................... .................................... 11 4.7 Sales and Use Tax.................................................................................................................. 12 SECTION 6. MAINTENANCE AND EXAMINATION OF RECORDS ............................................. 12 6.1 Reports of Gross Receipts and Maintenance..................................................................... 12 SECTION 7. INSPECTION AND AUDIT............................................................................................. 12 SECTION 8. TAXES, ASSESSMENTS............................................................................................... 13 SECTION 9. EMPLOYEES AND INDEPENDENT CONTRACTORS ............................................ 13 SECTION 10. HOURS OF OPERATION............................................................................................. 14 SECTION 11. IMPROVEMENTS MAINTENANCE REPAIR and OPERATION .......................... 14 SECTION 12. INSURANCE................................................................................................................... 17 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 SECTION 13. INDEMNITY....................... ............................................................................................ 19 SECTION 14. FORCE MAJEURE....................................................................................................... 20 SECTION 15. DEFAULT AND TERMINATION................................................................................. 20 SECTION 16. PERFORMANCE BOND OR ALTERNATE SECURITY ......................................... 23 SECTION 17. ASSIGNMENT................................................................................................................ 23 SECTION 18. SPONSORSHIPS.......................................................................................................... 23 SECTION 19. NO ADVERTISING/PROMOTIONAL ASSISTANCE ............................................. 23 SECTION 20. NO IMPROPER USE.................................................................................................... 24 SECTION22. LAWS............................................................................................................................... 25 SECTION23. MISCELLANEOUS....................................................................................................... 25 SECTION 24. LIMITATION OF LIABILITY........................................................................................ 28 SECTION25. VENUE............................................................................................................................. 28 SECTION 26. CONFLICT OF INTEREST.......................................................................................... 28 SECTION 27. FLORIDA PUBLIC RECORDS LAW........................................................................ 28 ProposalDocuments............................................................................................................................ 30 Exhibit A Concession Service Zone................................................................................................ 31 'Currently in the permitting process at the time of contract execution ............................................ 31 ExhibitB................................................................................................................................................... 32 Electric Vehicle Charging Station..................................................................................................... 32 ExhibitD................................................................................................................................................... 37 PriceSchedule....................................................................................................................................... 37 ExhibitE................................................ ................................................................................................... 38 Signage.................................................................................................................................................... 38 3 DocuSign Envelope ID: 33813227-2FC94EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 CONCESSION AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND BLINK NETWORK, LLC FOR THE INSTALLATION, OPERATION, MAINTENANCE AND MANAGEMENT OF ELECTRIC VEHICLE CHARGING STATIONS FOR THE CITY'S PARKING FACILITIES, PARKING GARAGES AND SURFACE LOTS, PURSUANT TO CITY OF MIAMI BEACH REQUEST FOR QUALIFICATIONS NO. 2023-043-WG OCT - 4 2023 THIS CONCESSION AGREEMENT (the "Agreement") made on 2023 ("Effective Date"), between the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida, having its principal address at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (hereinafter called the "City"), and BLINK NETWORK, LLC, an Arizona limited liability corporation, authorized to do business in Florida, whose principal office is located at 605 Lincoln Road, 51h Floor, Miami Beach, Florida, 33139 (hereinafter the "Concessionaire"). WITNESSETH WHEREAS, Proposal Documents shall mean City of Miami Beach Request for Qualifications No. 2023-043-WG for Electric Vehicle Charging Stations for the City's Parking Facilities, Parking Garages and Surface Lots, together with all amendments thereto, issued by the City in contemplation of this Agreement (the "RFQ"), and the Concessionaire's proposal in response thereto (the "Proposal"), all of which are hereby adopted by reference and incorporated herein as if fully set forth in this Agreement. Accordingly, Concessionaire agrees to abide by and be bound by any and all of the Proposal Documents; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: (i) this Agreement; (ii) the RFQ; and (iii) the Proposal; and further provided that in any case, the precedence will be given to that term/provision which allows the City to enforce this Agreement in the strictest possible terms, and/or in accordance with the term(s) most favorable for the City; and WHEREAS, the RFQ was issued on February 22, 2023; and WHEREAS, On July 26, 2023, the Mayor and City Commission adopted Resolution No. 2023-32675 accepting the recommendation of the City Manager pertaining to the proposals received in response to the RFQ, authorizing the Administration to enter into negotiations with Concessionaire, and further authorizing the City Manager and City Clerk to execute a non- exclusive agreement upon conclusion of successful negotiations by the Administration; and WHEREAS, pursuant to the RFQ, Concessionaire desires to be engaged by the City, on a non-exclusive basis, for the Term of this Agreement to supply, install, operate, maintain and manage new self-service AC Level 2 and/or DC Fast Charge electric vehicle charging stations (the "EV Station(s)"), including any additional ancillary property and improvements necessary for 4 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 the installation and safe operation of the EV Stations (the EV Station and any ancillary property and improvements in each Concession Area shall be collectively referred to herein as the "Concession Area Improvements") for public use in certain municipal parking facilities, including but not limited to parking garages and surface lots; and WHEREAS, accordingly, the City and Concessionaire have negotiated the following non- exclusive Agreement for the installation, operation, maintenance and management of a concession for self-service EV Stations for public use in certain municipal parking facilities pursuant to the "Minimum Requirements & Specifications" section set forth in the RFQ (the "Program"). NOW THEREFORE, in consideration of the premises and the mutual covenants and conditions herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby conclusively acknowledged, it is agreed by the parties hereto as follows: The above recitals are true and correct and are incorporated herein by reference as part of this Agreement. SECTION 1. TERM. 1.1 The initial term of this Agreement shall be for a period of seven (7) Years. 1.2 At the City Manager's sole and absolute discretion and provided further that the Concessionaire is not in default under this Agreement, the City may extend the term of this Agreement, for one (1) additional two-year period at the City's sole discretion. Concessionaire shall maintain, for the entirety of any renewal period, the same revenue share, terms, and conditions included within the originally awarded contract. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative, and not a right of the Concessionaire. As a condition to such renewal, the City may require a Concessionaire to upgrade or replace the EV Stations, if the City Manager deems it necessary. Concessionaire shall deliver to the City, no later than ninety (90) days prior to the expiration of the initial term: (i) a schedule of any EV Station which was replaced during the initial term; and (ii) an itemized list of proposed replacement of EV Stations. The schedule and list shall be delivered to, reviewed, and approved by the City Manager prior to, and as a condition of, the City's consideration and approval of the renewal term. 1.3 For purposes of this Agreement, the first "Contract Year" shall be defined as commencing on the Effective Date and thereafter continuing for twelve (12) full calendar months, ending on the last day of the 121h full calendar month. Thereafter, each subsequent Contract Year shall be defined as that certain 365-day period commencing on the first day of the calendar month following the end of the prior Contract Year. SECTION 2. CONCESSION SERVICE ZONE AND CONCESSION ARENS). The City hereby grants to the Concessionaire the non-exclusive right, during the Term of this Agreement, to operate the Program, as described herein, generally, in the following Concession Service Zone and, specifically, upon the following Concession Areas (hereinafter such areas shall be referred to individually as a Concession Area, or collectively as the Concession Areas): DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 2.1 Concession Service Zone. The Concession Service Zone shall be defined as those certain municipal parking facilities, including, but not limited to, parking garages and surface lots (individually referred to as a "City Property" or collectively as "City Properties"), as more particularly delineated in Exhibit A incorporated herein by reference and attached hereto. Any modification to the list of Properties contained in the Concession Service Zone shall be subject to the prior written approval of the City Manager, in the City Manager's sole and absolute discretion. 2.2 Concession Area(s). The Concession Areas shall be defined as the actual parking spaces contained in the City Properties, as designated by the City Manager or Contract Manager, in his or her sole discretion, to be used exclusively for the Program. The City Manager or Contract Manager shall approve, in writing, a site plan containing a list of the initial Concession Areas. Any change in the location of the Concession Areas shall be subject to the prior written approval of the City Manager, in the City Manager's sole and absolute discretion. SECTION 3. USE(S). 3.1 Electric Vehicle Charging Services. The City herein approves the type of EV Station for the operation of the Program as set forth in Exhibit B hereto. Notwithstanding the above, the City and Concessionaire hereby acknowledge and agree that the City's approval in Section 2 above, as to the Concession Areas, and the type of charging station described in Exhibit B is given by the City solely in its proprietary capacity, and not in its regulatory capacity. Notwithstanding such proprietary City approval, Concessionaire acknowledges and agrees that proposed locations of a Concession Area or the location of an EV Station within an agreed upon Concession Area may also trigger and require review and approval by one (or more) of the City's regulatory bodies. Accordingly, in such circumstances, Concessionaire shall be required, at its sole cost and expense, to obtain any and all required final, non -appealable development approvals and/or orders for such stations, prior to implementation of said EV Station in the approved Concession Areas. 3.2 Design, Permitting, Delivery. Acceptance and Installation of EV Stations. 3.2.1 Concessionaire shall provide, at its sole cost and expense, any and all design services including, but not limited to, architectural and engineering services, as reasonably required in connection with the permitting, approval, and installation of the new EV Stations. 3.2.2 Concessionaire agrees to secure, at its sole cost and expense, all required approvals from all governmental authorities having jurisdiction over the Program, in connection with the permitting, installation and operation of the EV Stations. 3.2.3 The City shall be responsible for the installation of circuit breakers, wires and conduits in connection with bringing electricity to the Concession Area ("Electrical System Installation"), including application for permits relating to the Electrical System Installation. Upon completion of the Electrical System Installation by the City, Concessionaire shall install, at Concessionaire's sole cost and expense, the Concession Area Improvements (including any site work relating thereto) in the Concession Zone(s) set forth in Exhibit A hereto. Concessionaire shall reimburse the City for all permitting costs associated with the Electrical System Installation (although performed by the City) and pay for all permitting costs and any other work related to, and necessary for, the installation of the Concession Area 6 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 Improvements. Concessionaire shall perform all installations and work in such a way as to minimize interference with operation of the City Property. Upon completion of the installation of the Concession Area Improvements, the City will perform any required painting and striping of the parking spaces located within the Concession Area. 3.2.4 Prior to the installation of the initial new EV Stations (and thereafter during the introduction of any new EV Station), Concessionaire shall provide the Contract Manager with a demonstration of the EV Station. The purpose of this demonstration is to observe the EV Station in an operational environment and to verify its capability, suitability and adaptability in conjunction with performance requirements stipulated in the RFQ and as set forth herein. The initial EV Station used for the demonstration shall be the same manufacturer's model identified in the Proposal, subject to periodic upgrades, as more particularly described in Subsection 3.2.5. Accordingly, the initial EV Station (or any upgraded EV Station, as the case may be) used in the demonstration shall create an expressed warranty that the EV Station to be provided during the Term shall conform to the EV Station used in the demonstration. The acceptance of the EV Station shall be at the City Manager's sole and absolute discretion. 3.2.5 Electric Vehicle Charging Station Upgrade. During the initial term of this Agreement, Concessionaire, at its sole cost and expense, may upgrade any of the Concession Area Improvements, including the EV Station. Any Concessionaire requested upgrade shall be subject to the written approval of the City Manager, which approval shall not be unreasonably withheld. Additionally, the City Manager, in the City Manager's sole discretion may require Concessionaire, at its sole cost and expense, to upgrade the Concession Area Improvements, including each EV Station, with the most updated technology for electric vehicle charging services as of the time of the upgrade, similar in scope to the services being provided by Concessionaire under this Agreement. Upon receipt by Concessionaire of a City requested upgrade, the City and Concessionaire shall meet to discuss the requested upgrades; however, if the parties cannot reach an agreement, the decision of the City Manager shall be deemed final. Concessionaire shall not be required to upgrade the Concession Area Improvements, including each EV Station, more than once during the initial term. Notwithstanding the foregoing, if the EV Station is deemed non -compliant during the Term by the City Manager, in the City Manager's sole discretion, upon written notice of said determination by the City Manager, Concessionaire shall remove the non -compliant EV Station from the Concession Area at Concessionaire's sole cost and expense. 3.4 Additional Electric Vehicle Charging Stations. Notwithstanding any provisions to the contrary herein, and subject further to approval by the City, which approval shall be at the City Manager's sole and absolute discretion, the City shall be solely responsible for determining the need (if at all) for installation of additional EV Stations by Concessionaire on the City Property, based on usage and operational load. In the event that the City determines, and Concessionaire agrees, that DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 there is a need for installation of additional EV Stations on the City Property, the City, in its sole discretion, shall determine the additional Concession Area (or Areas) for such EV Station, (and Exhibit A hereto shall be amended accordingly to identify any such additional Concession Area(s)). Concessionaire and City shall mutually agree upon a detailed written schedule for the fabrication, construction, permitting, and installation of the Concession Area Improvements. At a minimum, the schedule shall specify (and include specific milestones and timelines for) the permitting phases; fabrication time; commencement and completion of construction of site work and improvements at Concession Area; commencement and completion of installation; and implementation and set-up date. The Project Schedule, or specific dates and/or milestones therein, may be extended by the City Manager or Contract Manager, in writing, in his or her sole discretion, upon written request from the Concessionaire, which notice shall state the reason for the request and the anticipated period of time requested. 3.5 Relocation and Removal of Electric Vehicle Charging Stations. 3.5.1 Underutilized EV Station. At any time during the Term of this Agreement and following a written request by Concessionaire, the City Manager, in his or her sole discretion, may determine that an EV Station is being under-utilized. In such event, the City and Concessionaire shall cooperate, in good faith, to identify a suitable new location for the Concession Area within the Concession Service Zone; however, should the parties not be able to reach an agreement, the decision of the City Manager shall be deemed final. Upon approval, in writing, by the City Manager of the relocation of the Concession Area, Exhibit A shall be amended accordingly. The removal and relocation of the Concession Area Improvements under this section shall be at the Concessionaire's sole cost, and shall be subject to the terms and conditions of Subsection 15.7. The installation of the Concession Area Improvements at the new approved Concession Area shall be performed pursuant to the terms of Section 3 and, in particular, Subsection 3.2.3. 3.5.2 City's Request to Relocate EV Station. At any time during the Term of this Agreement, to the extent that the City requires the relocation of an EV Station to a different location within the Concession Service Zone, based upon good cause, such as a result of a City construction project, or in connection with addressing a public health, welfare or safety issue, as determined by the City Manager, in the City Manager's sole discretion (collectively, "good cause"), the City shall notify Concessionaire in writing. In such event, the City and Concessionaire shall cooperate, in good faith, to identify a suitable new location for the Concession Area within the Concession Service Zone; however, should the parties not be able to reach an agreement, the decision of the City Manager shall be deemed final. Upon a determination by the City Manager of the new location of the Concession Area, Exhibit A shall be amended accordingly. The removal and relocation costs of the Concession Area Improvements shall be at the Concessionaire's sole cost and shall be subject to the terms and conditions of Subsection 15.7. The installation of the Concession Area Improvements at the new approved Concession Area shall be performed pursuant to the terms of Section 3 and, in particular, subsection 3.2.3. In the event that the City requires the relocation of an EV Charging Station, without a good cause, the removal and DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 re -installation costs under this subsection shall be at the City's sole cost and expense. 3.5.3 City's Request to Remove EV Station. Notwithstanding the approval of the installation of any EV Station, within a designated Concession Area, the City Manager, at the City Manager's sole and absolute discretion, may request the removal of any EV Station, when the City Manager, in the City Manager's sole and absolute discretion, deems that the service of a particular EV Station is no longer required. Except in the case where exigent circumstances exist, which in the City Manager's reasonable discretion require a shorter response time, the City shall provide Concessionaire with sixty (60) days ("Removal Period") written notice of such request ("Request for Removal"). Concessionaire shall remove said EV Station within the Removal Period and in conformance of the terms set forth in Subsection 15.7. In the event that the Request for Removal has the effect of reducing the Operational Floor, the City and Concessionaire shall cooperate, in good faith, to identify a suitable new location for the Concession Area within the Concession Service Zone; however, should the parties not be able to reach an agreement, the decision of the City Manager shall be deemed final. Upon approval of the new Concession Area, in writing, by the City Manager, the list of Concession Areas shall be amended accordingly. The removal and relocation of the Concession Area Improvements under this section shall be at the Concessionaire's sole cost and shall be subject to the terms and conditions of Subsection 15.7. The installation of the Concession Area Improvements at the new approved Concession Area shall be performed pursuant to the terms of Section 3 and, in particular, subsection 3.2.3. This subsection shall not be construed to modify or affect the City's right to terminate the Agreement for convenience, as set forth in Subsection 15.9. 3.6 Construction Insurance. 3.6.1 The City shall not be liable for any claims, losses or damages suffered by third parties arising from Concessionaire's, or its officers', agents', employees' or contractors' fabrication, construction, and installation of the Concession Area Improvements. 3.6.2 Concessionaire shall maintain, or require that its contractor(s) maintain, the following insurance coverages in connection with the installation of the Concession Area Improvements: A. Worker's Compensation insurance in at least the minimum amounts required by Florida law; and B. Commercial General Liability on a comprehensive basis, including Contractual Liability, Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. The City of Miami Beach, Florida shall be included as an additional insured with respect to this coverage. 3.6.3 The policies of insurance referred to above shall not be subject to cancellation or changing coverage except upon at least thirty (30) days prior written notice to the City, and then only subject to the prior written approval of the City Manager or Contract Manager. Within ten (10) days from the Effective Date, Concessionaire shall provide the City with Contractor's Certificate of Insurance DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 for the insurance requirements contained in Subsection 3.6.2. All such policies shall be obtained from companies authorized to do business in the State of Florida with an A.M. Best's Insurance Guide (latest edition) rating acceptable to the City's Risk Manager, and any replacement or substitute company shall also be subject to the approval of the City's Risk Manager. 3.7 Price Schedules. Concessionaire agrees that fees charged to the public for use of the EV Stations shall be as set forth in Exhibit D hereto. Any changes to these fees must be approved, in writing, by the City Manager. The City shall have the final right of approval for any change in the fees, but said approval shall not be arbitrarily or unreasonably exercised. Notwithstanding the foregoing, the City Manager, in his/her sole discretion, shall have the right to modify the charger occupancy fee upon providing concessionaire with thirty (30) days written notice. 3.8 Ownership of Electric Vehicle Charging Stations. The EV Stations shall be the sole and exclusive property of Concessionaire during the Term of this Agreement. SECTION 4. CONCESSION FEES. 4.1 Revenue Payment. For the initial seven (7) year term of the Agreement, Concessionaire shall remit to the City ten percent (10%) of the annual gross revenue generated by the Program, which shall include, but may not be limited to, all revenue generated pursuant to the privileges of this Agreement, including, without limitation, electric car charging sales and charger occupancy fees minus (1) the amounts of any applicable Federal, State, or City tax collected by the Concessionaire from customers and required by law to be remitted to the taxing or other governmental authority; (2) eight percent (8%) of sales revenue for transaction fees and (3) $18.00 per month per EV Station as a monthly network fee plus applicable taxes (the "Revenue Payment"). By way of illustration, and assuming that there were ten (10) EV Stations in the Program, and in a given month each EV Station generated sales revenues of $3,000 ($30,000) plus sales tax of 7% ($2,100) _ $32,100 (Total proceeds); where gross revenues are $30,000.00 and passed through sales taxes payable to the State are $2,100.00. The monthly revenue payment to the City would be calculated as follows: $32,100 (gross proceeds) — $2,100.00 (collected sales tax) _ $30,000 (gross revenues) — $2,400.00 (8% of gross sales for transaction fees)' — $180.00 (monthly network fee per EV Station) _ $27,400 x 15% = Revenue Payment of $4,113 + 287.91 (7% sales & Use Tax) _ $4,400.91. The Revenue Payment made to the City under this Section 4 shall be calculated monthly and shall be paid by Concessionaire to the City on or before the fifteenth (151h) day of each subsequent month to the applicable monthly revenue period. Each payment will be accompanied by a written report which will detail the number of transactions and breakdown, by category, of the gross revenue received by Concessionaire for the prior month. ' Transaction fees of 8% are applicable to gross sale revenue from the sale of electricity from the EV stations and occupancy fees charged to customer credit cards. 10 DocuSign Envelope ID: 33813227-2FC94EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 4.2 Reports. Concessionaire shall provide access to the City's Contract Manager and designated Staff to the software platform dashboard in order to view in real time and generate historical data reports for all EV Stations, provided however, that Concessionaire shall not be required to provide any data that is confidential, personally identifiable, or as otherwise prohibited by law or Concessionaire's Privacy Policy. 4.3 Collection of Revenue. Concessionaire will arrange for and supervise all revenue collection generated by the Program. 4.4 Electricity Charges. Concessionaire shall be responsible for all electric charges applicable to the EV Stations (the "Electricity Charges") and shall reimburse the City for the Electricity Charges based upon Concessionaire's consumption of electricity determined by a report generated by the EV Stations indicating the exact amount of kilowatt hours used for its operation at the billable kilowatt rate to the City under its electric bill (the "Electricity Reimbursement").2 Concessionaire shall be charged the same cost as would be charged to the City by the utility company if such Electricity Charges were billed directly to Concessionaire. Concessionaire will make the Electricity Reimbursement payment to the City within thirty (30) days following receipt of the monthly electricity invoice, provided, however, that any credit received from a disputed utility company invoice shall appear as a credit to Concessionaire on the next invoice following receipt of such credit by the City. 4.4.1 Notwithstanding the foregoing, the City, at its sole option and discretion and at its sole cost and expense, may install equipment to calculate the Electricity Charges, which could include, without limitation, an internal "revenue grade" smart meter, and such charges will be billed and paid by Concessionaire, either (1) directly to the local electricity utility company, or (2) to the City, as an Electricity Reimbursement, as applicable. The City acknowledges that Concessionaire may establish its own account and have its own meter installed at the City Property through which the utility company shall bill Concessionaire directly for any electricity used in connection with the EV Stations. 4.5 Payment Remittance. All payments due to the City hereunder shall be sent to the following address: City of Miami Beach Parking Department C/o Administrative Service Manager/Parking Director 1755 Meridian Avenue, 2'1 Floor, Suite 200 Miami Beach, Florida 33139 4.6 Interest for Late Payment. Any payment which Concessionaire is required to make to City which' is not paid on or before the respective date provided for in this Agreement shall be subject to interest at the 2 The City shall tender to Concessionaire an electric bill inclusive of the Concession Areas and Concessionaire shall calculate and provide, in writing, to the City the dollar value of the billable kilowatt rate to the City under its electric bill. Concessionaire shall recalculate the billable rate each fiscal quarter upon receipt of a bill by the City. The City acknowledges that the rate calculation for this Section 4 may not be completed and delivered by Concessionaire until after the City has delivered its first electric bill to Concessionaire to determine calculation. 11 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 rate of eighteen percent (18%) per annum, or the maximum interest allowable pursuant to Florida law, whichever is less, from the due date of payment until such time as payment is actually received by the City. 4.7 Sales and Use Tax. At the Contract Manager's sole option and discretion, any required Florida State Sales and Use Tax due in connection with any payments due the City shall be paid by Concessionaire directly or added to the payments and forwarded to the City as part of said payments. It is the City's intent that it is to receive all payments due from Concessionaire as net of such Florida State Sales and Use Tax. SECTION 5. (INTENTIONALLY OMITTED) SECTION 6. MAINTENANCE AND EXAMINATION OF RECORDS. Concessionaire shall maintain current, accurate, and complete financial records (on an accrual basis) related to its operations herein. Systems and procedures used to maintain these records shall include a system of internal controls and all accounting records shall be maintained in accordance with generally accepted accounting principles. Records related to the operations herein shall be open to inspection and audit by the City Manager or the City's Contract Manager, upon reasonable prior notice, whether verbal or written, and during normal business hours. Such records and accounts shall include, at a minimum, a breakdown of gross receipts, expenses, and profit and loss statements in connection with the operations herein. In the event Concessionaire accepts cash as a form of payment, it shall maintain accurate receipt -printing cash registers or the like which will record and show the payment for every sale made or service provided in the Concession Areas; and such other records shall be maintained as would be required by an independent CPA in order to audit a statement of annual gross receipts and profit and loss statement pursuant to generally accepted accounting principles. 6.1 Reports of Gross Receipts and Maintenance. Within thirty (30) days from the end of each Contract Year throughout the Term, Concessionaire shall provide the Contract Manager with a detailed annual report of the gross receipts for the preceding Contract Year. The report shall reflect the activity on a monthly basis and shall itemize the total monthly gross revenues and expenses from each EV Station in the Program. Additionally, upon the request of the City Manager or Contract Manager, Concessionaire shall submit a monthly (or at such greater intervals, i.e. quarterly or annually, as requested by the City) maintenance report reflecting routine maintenance performed on the Concession Area Improvements, including any repairs performed on any of the EV Stations. SECTION 7. INSPECTION AND AUDIT. Concessionaire shall maintain its financial records pertaining to its operations herein for a period of three (3) years after the expiration or other termination of this Agreement, and such records shall be open and available to the City Manager or Contract Manager, as deemed necessary by them. Concessionaire shall maintain all such records at its principal office, currently located at 605 Lincoln Road, 511 Floor, Miami, FL 33139, or, if moved to another location, all such records shall be relocated, at Concessionaire's expense, to a location in Miami Beach, within ten (10) days' notice (written or verbal) from the City. Upon prior written notice, the City Manager or Contract Manager shall be entitled to audit Concessionaire's records pertaining to the operations herein, as often as he deems reasonably 12 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 necessary throughout the Term of this Agreement, and three (3) times within the three (3) year period following termination of the Agreement (regardless of whether such termination results from the natural expiration of the Term or for any other reason). The City shall be responsible for paying all costs associated with such audits, unless the audit(s) reveals a deficiency of five (5%) percent or more in Concessionaire's statement of gross receipts for any year or years audited, in which case Concessionaire shall pay to the City, within thirty (30) days of the audit being deemed final by the City, the cost of the audit and a sum equal to the amount of the deficiency revealed by the audit, plus interest. Concessionaire shall submit at the end of each Contract Year (throughout the Term), an annual statement of gross receipts, in a form consistent with generally accepted accounting principles. Additionally, such statement shall be accompanied by a report from an independent CPA firm. It is Concessionaire's intent to stay informed of comments and suggestions by the City regarding Concessionaire's performance under the Agreement. Within thirty (30) days after the end of each Contract Year, upon written notice from the City Manager, Concessionaire shall meet with the City Manager or Contract Manager to review Concessionaire's performance under the Agreement for the previous Contract Year. At the meeting, Concessionaire and City may discuss quality, operational, maintenance and any other issues regarding Concessionaire's performance under the Agreement. SECTION 8. TAXES, ASSESSMENTS. 8.1 Concessionaire agrees and shall pay before delinquency all taxes and assessments of any kind levied or assessed upon a Concession Area or the Concession Areas, and/or on Concessionaire by reason of this Agreement, or by reason of Concessionaire's business and/or operations within a Concession Area or Areas. Concessionaire will have the right, at its own expense, to contest the amount or validity, in whole or in part, of any tax by appropriate proceedings diligently conducted in good faith. Concessionaire may refrain from paying a tax to the extent it is contesting the imposition of same in a manner that is in accordance with law. However, if, as a result of such contest, additional delinquency charges become due, Concessionaire shall be responsible for such delinquency charges, in addition to payment of the contested tax, if so ordered. Concessionaire shall also be solely responsible (at its sole cost and expense) for obtaining and maintaining current any applicable licenses or permits, as required for the operations contemplated in this Agreement including, without limitation, any occupational licenses required by law for the proposed uses contemplated in Section 3 and for each Concession Area (if required). 8.2 Procedure If Ad Valorem Taxes Assessed. If ad valorem taxes are assessed against a Concession Area or the Concession Areas (or any portion thereof) by reason of Concessionaire's business and/or operations thereon, Concessionaire shall be solely responsible for prompt and timely payment of same. SECTION 9. EMPLOYEES AND INDEPENDENT CONTRACTORS. 9.1 Concessionaire's Employees. 9.1.1 Concessionaire shall select, train and employ such number of employees or contractors as is necessary or appropriate for Concessionaire to satisfy its responsibilities hereunder. Concessionaire shall be the sole authority to hire, terminate and discipline any and all personnel employed by Concessionaire. 13 DocuSign Envelope ID: 33813227-2FC94EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 9.1.2 Concessionaire shall designate a competent employee to oversee the day-to-day operations, and who shall act as the Concessionaire's contract administrator for the Program and serve as Concessionaire's primary point -person with the City. This individual shall have the requisite amount of experience in operating, managing, and maintaining the Program and operations contemplated herein. The employee shall be accessible to the City Manager or Contract Manager during normal business hours (Monday to Friday from 8:00 A.M. to 5:00 P.M. and notwithstanding federal holidays) and during emergency situations (including but not limited to situations involving Critical damage, as defined in Section 11.2) to discuss the management, operation and maintenance of the Program. When possible, the City Manager or Contract Manager should provide the employee with reasonable notice of their request to discuss the Program. Consistent failure by the employee to be accessible shall be reported to Concessionaire's principal(s), and if not rectified, shall be grounds for replacement of the employee. 9.1.3 Change of Project Manager. Concessionaire shall notify the City in writing prior to changing or replacing the Concessionaire's contract administrator and shall include updated contact information for the new contract administrator. 9.2 Concessionaire's employees and/or contractors shall wear identification badges and uniforms approved by the City Manager or Contract Manager, during all hours of operation when such employee or contractor is acting within the scope of such employment or such contractor relationship. The Concessionaire shall hire people to work in its operation who conduct themselves in a professional and courteous manner. The Concessionaire and any persons hired or engaged to provide the services herein shall never have been convicted of a felony. 9.3 All employees of the Concessionaire must be able to pass a background check performed by the City of Miami Beach Police Department. 9.4 City's Contract Manager. Except for those responsibilities expressly set forth in this Agreement for, respectively, the City Commission and/or the City Manager, the City Contract Manager for purposes of this Agreement shall be the City of Miami Beach Parking Director. SECTION 10. HOURS OF OPERATION. Subject to Section 14 herein, all Concession Areas and operations thereon shall be open every day of the year, and shall be open to the public 24 hours per day, 365 days per year. SECTION 11. IMPROVEMENTS MAINTENANCE REPAIR and OPERATION The Concessionaire accepts the use of any and all Concession Areas provided in this Agreement "AS IS," "WHERE IS," and "WITH ALL FAULTS," existing as of the Effective Date. 11.1 Improvements. In addition to the specific procedures set forth in Subsection 3.2 for the design, fabrication, construction, and installation of the EV Stations, Concessionaire shall also be solely responsible (including cost) and shall pay for the design, fabrication, construction, and installation of any and all Concession Area improvements to a Concession Area or Areas, including all site preparation costs, with the exception of the Electrical System Installation and the painting and striping of the parking spaces, as described in Subsection 3.2.3. 14 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 11.2 Maintenance/Repair. During the Term, Concessionaire, its employees, agents, contractors and vendors may enter upon a City Property at any time, subject to providing the City's Contract Manager with twenty-four hours prior written or verbal notice, for purposes of installing, inspecting, servicing, and maintaining the Concession Area Improvements. The Concessionaire, at its sole cost and expense, shall install, inspect, service and maintain the Concession Area Improvements thereon (as required to operate the Program) including, without limitation, the EV Stations. Notwithstanding the foregoing, the City shall maintain the area surrounding the Concession Area Improvements, which will include painting and striping of the parking spaces where a Concession Area is located. Notwithstanding the City's responsibility to maintain the infrastructure required to support the Concession Area Improvements, Concessionaire shall be solely responsible for the day to day operation, maintenance and repair of all Concession Area Improvements. Concessionaire shall maintain the Concession Area Improvements thereon including, without limitation, the EV Stations, in good condition and proper working order. Concessionaire shall keep all Concession Area Improvements, including all signage installed by Concessionaire free of graffiti. Many small/light maintenance items may be done on -site by Concessionaire and/or its approved subcontractors to eliminate or minimize unit downtime, while moderate to heavy maintenance may require the Concession Area Improvements to be removed from circulation and serviced at Concessionaire's repair center. Notwithstanding, no maintenance performed by Concessionaire shall cause an EV Station to be non -operational for a period of more than five (5) calendar days from the date Concessionaire undertakes such maintenance. Notwithstanding the foregoing, there can be no more than one (1) EV Station out of service for more than twenty four (24) hours (Monday through Friday, notwithstanding federal holidays) at a given Concession Area. In the event the City knows of, or becomes aware of, any actual or potential claim against the Concessionaire by any person or entity, or any actual or potential malfunction with the Concession Area Improvements, the City shall notify Concessionaire promptly upon notification of such claim or malfunction; provided, however that the City's failure to notify Concessionaire pursuant to this Subsection 11.2 shall not relieve Concessionaire of any obligations herein including, without limitation, its sole obligation to service, maintain, repair, and replace the Concession Area Improvements, as necessary. All damage of any kind to a Concession Area and any Concession Area Improvement thereon including, without limitation, the EV Station, shall be the sole obligation of Concessionaire, and shall be repaired, restored or replaced promptly by Concessionaire, at its sole cost and expense, to the reasonable satisfaction of the City Manager or Contract Manager. In the event that an Electric Vehicle Charging Station is damaged for any reason, Concessionaire shall, at a minimum, commence repairs within twenty-four (24) hours, and, in any event, complete repairs or (if irreparable), or if stolen, replace the damaged or stolen EV Station so that same is fully operational, no later than five (5) days from the time Concessionaire first becomes aware (or should be aware) of the damage or theft. Notwithstanding the foregoing, between Monday and Friday, (notwithstanding federal holidays) there can be no more than one (1) EV Station out of service for more than twenty-four (24) hours at a given City Property location, unless otherwise approved by the City Manager or his/her designee in writing. All of the aforesaid repairs, restorations 15 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 and replacements shall be in quality and class equal to or better than the original work (or equipment) and shall be done in good and workmanlike manner. Concessionaire agrees that its technician(s) shall commence repairs on any Critical damage to a Concession Area on the same day that it receives written notice from the City of Critical damage to a Concession Area. "Critical" shall be defined as an instance where a Concession Area Improvement is broken, malfunctioning or faulty, and such break, malfunction or fault creating a risk to inflict harm and/or damage on any person and/or has a potential to inflict damage to property and/or disrupt access to or use of the Concession Area or Concession Area Improvement(s). If Concessionaire fails to make such repairs, restorations and/or replacements to a Concession Area and/or to any particular Concession Area Improvement thereon including, without limitation, the EV Station, the same may be made by the City, at the City's sole option and discretion, but without obligation. Concessionaire shall be responsible for any costs associated therewith, and shall reimburse the City within ten (10) days after rendition of a bill or statement. It shall be Concessionaire's sole obligation to ensure that any renovations, repairs and/or improvements made by Concessionaire to the Concession Areas comply with all applicable building codes and life safety codes of governmental authorities having jurisdiction. Concessionaire also agrees, at its sole cost and expense, to pay for all garbage disposal generated by its operations. 11.3 Orderly Operation. The Concessionaire shall have a neat and orderly operation at all times and shall be solely responsible for the necessary housekeeping services to properly maintain the Concession Areas and any Concession Area Improvement thereon. 11.4 No Dangerous Materials. The Concessionaire agrees not to use or permit the storage and/or use of gasoline, fuel oils, diesel, illuminating oils, oil lamps, combustible powered electricity producing generators, turpentine, benzene, naphtha, propane, natural gas, or other similar substances, combustible materials, or explosives of any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida, on or within any of the Concession Areas, or on any City property and/or right of way. Concessionaire shall indemnify and hold City harmless from any loss, damage, cost, or expense of the City, including, without limitation, reasonable attorney's fees, incurred as a result of, arising from, or connected with the placement by Concessionaire of any "hazardous substance" or "petroleum products" on, under, in or upon the Concession Areas as those terms are defined by applicable Federal and State Statute, or any environmental rules and environmental regulations promulgated thereunder; provided, however, Concessionaire shall have no liability in the event of the willful misconduct or gross negligence of the City, its agents, servants or employees. The provisions of this Subsection 11.4 shall survive the termination or earlier expiration of this Agreement. 11.5 Security. The Concessionaire shall be responsible, at its sole option, to employ or provide reasonable security measures, as it may deem necessary to protect the Concession Area 16 DocuSign Envelope ID: 33813227-2FC94EDB-BB64-108EF78FAFFO Contract No. 23-043-01 and any Concession Area Improvement thereon. Concessionaire shall not employ any recorded video surveillance without the prior written approval of the City Manager. Under no circumstances shall the City be responsible for any stolen or damaged Concession Area Improvement, nor shall the City be responsible for any stolen or damaged personal property of Concessionaire's employees, contractors, agents, patrons, guests, invitees, and/or other third parties. 11.6 Inspection. The Concessionaire agrees that any Concession Area (including, without limitation, any Concession Area Improvement thereon) may be inspected at any time by the City Manager or Contract Manager, or by any other municipal, County, State officer, or officers of any other agency(ies) having responsibility and/or jurisdiction for inspections of such operations. The Concessionaire hereby waives all claims against the City for compensation for loss or damage sustained by reason of any interference with the concession operation as a result of inspection by any public agency(ies) or officials, (including, without limitation, by reason of any such public agency or official in enforcing any laws, ordinances, or regulations as a result thereof). Any such interference shall not relieve the Concessionaire from any obligation hereunder. 11.7 Signacle. Concessionaire shall provide, at its sole cost and expense, any signs utilized for its Program. Upon installation of the EV Station, Concessionaire shall have the right to install signage in the Concession Area or Areas and on the City Property identifying the Concession Area Improvement as an "EV Charging Station;" with such signage to be substantially in the form attached hereto as Exhibit E. Notwithstanding Exhibit E, all signage and postings by Concessionaire shall be subject to the written approval, of the City Manager, in the City Manager's sole and absolute discretion, as to size, shape and placement of same, and shall be in accordance with all applicable Municipal, County, State and Federal laws and regulations. Concessionaire shall pay all costs and expenses associated with the approvals, creation, installation, maintenance and removal of all signage. Concessionaire shall ensure the EV Station is clearly marked with the following information for users: (i) Concessionaire's or a designated contact party's information for complaints, notification and service issues; (ii) a statement that Concessionaire is fully responsible for all service issues, including damage or loss to vehicles or improper charging; and (iii) a disclaimer stating the City is not responsible for any service issues or loss connected with use of the EV Station. City shall be responsible to provide, at its sole cost and expense, and as (or if) it deems necessary, in its sole and reasonable judgment and discretion, any traffic, regulatory or public safety signs, whether related directly or indirectly to the Program. SECTION 12. INSURANCE. 12.1 Concessionaire shall not commence any work and/or services under this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. Concessionaire shall carry and maintain the following insurance coverages during the Term of this Agreement: (1) 17 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should the Vendor be exempt from this Statute, the Vendor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt Vendor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non -owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage. D. Additional Insured — City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. E. Notice of Cancellation — Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. F. Waiver of Subrogation — Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. G. Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. H. Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: City of Miami Beach c/o Exigis Insurance Compliant Services 18 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach@riskworks.com I. Special Risks or Circumstances — The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. Compliance with the insurance requirements in this Section, shall not relieve the Concessionaire of the liabilities and obligations under this Section or under any other portion of this Agreement, and the City shall have the right to obtain from the Concessionaire specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Concessionaire represents and warrants that any insurance protection required by this Agreement or otherwise provided by its contractors and subcontractors shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, contractors, consultants, agents, and instrumentalities as herein provided. SECTION 13. INDEMNITY. 13.1 In consideration of a separate and specific consideration of Ten ($10.00) Dollars and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Concessionaire shall indemnify and defend the City, its officials, directors, employees, contractors, or agents (collectively, the "Indemnified Party") against any and all actions (whether at law or inequity), claims, liabilities, losses, and expenses, including, but not limited to, reasonable attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property (collectively, the "Losses"), which may arise or be alleged to have arisen: (1) wholly or in part from the negligent acts, errors, omissions or other misconduct of Concessionaire, its officers, director, members, employees, agents, contractors, subcontractors, or any other person or entity acting under Concessionaire's control or supervision; (2) from Concessionaire's breach of the terms of this Agreement or its representations and warranties herein; (3) from the operation of the Program; or (4) from the use of the Concession Area Improvements or the EV Stations by the City, its employees, guests, (licensees or invitees) or the general public. To that extent, Concessionaire shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. Notwithstanding anything to the contrary in this Agreement, Concessionaire is not obligated to indemnify or defend Indemnified Party against any claim (whether direct or indirect) if such claim or corresponding Losses arise out of or result from Indemnified Party's (1) gross negligence or willful misconduct; (2) bad faith failure to comply with any of its obligations as set forth in this Agreement; or (3) the use of the EV Stations, Concession Areas, or Concession Area Improvements in any manner that does not materially conform with the usage guidelines provided by Concessionaire. Indemnified Party shall give Concessionaire prompt written notice of any Losses or 19 DocuSign Envelope ID: 33813227-2FC94EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 discovery of facts on which Indemnified Party intends to base a request for indemnification. SECTION 14. FORCE MAJEURE. 14.1 Neither party shall be obligated to perform hereunder and neither party shall be deemed to be in default if performance is prevented by: a. Any act or chain of related acts resulting in destruction, vandalism or theft of Electric Vehicle Charging Stations which render at least fifty (50%) percent of the Concession Areas unusable at any one point in time and which is not caused by negligence of Concessionaire; b. Earthquake; hurricane; flood; act of God; direct act of terrorism; or civil commotion occurring which renders at least fifty (50%) percent of the Concession Areas unusable; or c. Any law, ordinance, rule, regulation or order of any public or military authority stemming from the existence of economic or energy controls, hostilities, or war which renders at least fifty (50%) percent of the Concession Areas unusable. 14.2 Labor Dispute. In the event of a labor dispute which results in a strike, picket or boycott affecting at least fifty (50%) percent of the Concession Areas, Concessionaire shall not thereby be deemed to be in default or to have breached any part of this Agreement, unless such dispute shall have been caused by illegal labor practices or violations by Concessionaire of applicable collective bargaining Agreements (and there has been a final determination of such fact which is not cured by Concessionaire within thirty (30) days). 14.3 Waiver of Loss from Hazards. Each party hereby expressly waives all claims against the other party for loss or damage sustained by such party resulting from any Force Majeure contemplated in Subsection 14.1 and Labor Dispute in Subsection 14.2 above, and each party hereby expressly waives all rights, claims, and demands against the other party and forever releases and discharges the other party, from all demands, claims, actions and causes of action arising from any of the aforesaid causes. SECTION 15. DEFAULT AND TERMINATION. Subsections 15.1 through 15.4 shall constitute events of default under this Agreement. An event of default by Concessionaire shall entitle the City to exercise any and all remedies described as City's remedies under this Agreement, including but not limited to those set forth in Subsection 15.5. 15.1 Bankruptcy. If either the City or Concessionaire shall be adjudged bankrupt or insolvent, or if any receiver or trustee of all or any part of the business property of either party shall be appointed, or if any receiver of all or any part of the business property shall be appointed and shall not be discharged within sixty (60) days after appointment, or if either party shall make an assignment of its property for the benefit of creditors, or shall file a voluntary petition in bankruptcy, or insolvency, or shall apply for reorganization or arrangement with its creditors under the bankruptcy or insolvency laws now in force or hereinafter enacted, Federal, State, or otherwise, or if such petitions shall be filed against either party and shall not be dismissed within sixty (60) days after such filing, then the other party may immediately, or at any time thereafter, and without further demand or notice, terminate this 20 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 Agreement without being prejudiced as to any remedies which may be available to it for breach of contract. 15.2 Default in Payment. If any payment and accumulated penalties are not received within ten (10) business days after the payment due date, and such failure continues five (5) business days after written notice thereof, then the City may, without further demand or notice, terminate this Concession Agreement without being prejudiced as to any remedies which may be available to it for breach of contract. 15.3 Non -Monetary Default. In the event that Concessionaire or the City fails to perform or observe the non -monetary covenants, terms or provisions under this Agreement, and such failure continues thirty (30) days after written notice thereof from the other party hereto, such non -defaulting party may immediately or at any time thereafter, and without further demand or notice, terminate this Agreement without being prejudiced as to any remedies which may be available to it for breach of contract. In the event that a default is not reasonably susceptible to being cured within such period, the defaulting party shall not be considered in default if it shall, within such period, commence with due diligence and dispatch to cure such default and thereafter completes with dispatch and due diligence the curing of such default, but in no event shall such extended cure period exceed ninety (90) days from the date of written notice thereof. In the event Concessionaire cures any default pursuant to this subsection, it shall promptly provide the City Manager with written notice of same. 15.4 The failure of any Electric Vehicle Charging Station to be operational for a period of time exceeding fifteen (15) continuous calendar days may, in the City Manager's sole discretion, constitute a default under this Agreement. 15.5 City's Remedies for Concessionaire's Default. If any of the events of default, as set forth in this Section, shall occur, the City may, after expiration of the cure periods, as provided above, at its sole option and discretion, institute such proceedings as in its opinion are necessary to cure such defaults and to compensate City for damages resulting from such defaults, including but not limited to the right to give to Concessionaire a notice of termination of this Agreement. If such notice is given, the term of this Agreement shall terminate upon the date specified in such notice from City to Concessionaire. On the date so specified, Concessionaire shall then quit and surrender the concession Area(s) to City pursuant to the provisions of Subsection 15.7. Upon the termination of this Agreement, all rights and interest of Concessionaire in and to the Concession Area(s) and to this Agreement, and every part thereof, shall cease and terminate and City may, in addition to any other rights and remedies it may have, retain all sums paid to it by Concessionaire under this Agreement. In addition to the rights set forth above, the City shall have the rights to pursue any and all of the following: a. the right to injunction or other similar relief available to it under Florida law against Concessionaire; and/or b. the right to maintain any and all actions at law or suits in equity or other proper proceedings to obtain damages resulting from Concessionaire's default. 21 DocuSign Envelope ID: 33813227-2FC94EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 15.6 If an event of default by the City shall occur, the Concessionaire may, after expiration of the cure periods, as provided above, terminate this Agreement upon written notice to the City. Said termination shall become effective upon receipt of a written notice of termination by the City, but in no event shall Concessionaire specify a termination date that is less than sixty (60) days from the date of the written termination notice. On the date specified in the notice, Concessionaire shall quit and surrender the Concession Area(s) to City pursuant to the provisions of Subsection 15.7. 15.7 Surrender of Concession Areas / Removal by Concessionaire of Concession Area Improvements. Upon expiration, or earlier termination of this Agreement, Concessionaire shall surrender the Concession Areas in the same condition as the Concession Areas were prior to the Effective Date. The City shall grant Concessionaire the right, upon the expiration or earlier termination of this Agreement, to enter upon the City Property locations, pursuant to an agreed upon schedule, executed by the parties, for the removal of the Concession Area Improvements contained therein ("Removal Schedule"). Concessionaire shall, at its sole expense and at no charge to the City, remove all Concession Area Improvements from the Concession Areas, (as well as any other permanent or fixed improvements installed by Concessionaire): (1) no later than sixty (60) days after the conclusion of the Term, (or from the date of other termination of this Agreement), or (2) the scheduled removal date as set forth in the Removal Schedule for each City Property location, whichever is later, unless a longer time period is agreed to, in writing, by the City Manager. Concessionaire shall coordinate the removal of the Concession Area Improvements with the City and shall also, in conjunction with such removal, at its sole cost and expense, restore the City Property to its original (or better) condition prior to the Effective Date of this Agreement, including repairing any damage caused from such removal (the removal of the Concession Area Improvements and restoration of the Concession Areas shall be collectively referred to herein as the "removal process"). Concessionaire shall perform the removal process in such a way as to minimize interference with the operation of the City Property. In particular, Concessionaire shall ensure that, during the removal process, no parking space shall be obstructed for more than twenty-four (24) hours. Any parking space obstructed for more than twenty-four (24) hours shall be subject to the maximum daily parking rate at the time. Concessionaire shall be responsible for payment of said accrued parking fees. Concessionaire's obligation to observe or perform this covenant shall survive the expiration or other termination of this Agreement. Continued occupancy of any Concession Areas after termination of the Agreement (unless otherwise agreed to pursuant to the signed Removal Schedule) shall constitute trespass by the Concessionaire, and may be prosecuted as such. At the sole discretion of the City Manager, the City may impose on Concessionaire a One Thousand ($1,000.00) Dollars per day per Concession Area amount as liquidated damages for such trespass and holding over. 15.8 Substitute Performance. In the event that the Concessionaire fails to remove any of the Concession Area Improvements and restore the Concession Areas to their original condition in accordance with the terms of the Agreement, the City shall have the right to undertake and/or purchase, as the City Manager deems appropriate, any such supplies, materials, services, etc., deemed necessary, in the City Manager's sole discretion, to restore the Concession Areas to their original condition, subject to reasonable wear and tear, and to charge PJOJ DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 Concessionaire for all actual costs thereby incurred by the City. Concessionaire shall be responsible for paying all of the actual costs. 15.9 Sixty (60) Day Termination for Convenience. Notwithstanding anything herein to the contrary, the City may terminate this Agreement for convenience, without cause and without liability to the City, at any time during the Term, upon sixty (60) days written notice to Concessionaire. Upon receipt of the City's notice, Concessionaire shall promptly commence removal of any and all Concession Area Improvements in accordance with Subsection 15.7 hereof. SECTION 16. PERFORMANCE BOND OR ALTERNATE SECURITY. (INTENTIONALLY OMITTED) SECTION 17. ASSIGNMENT. Concessionaire shall not assign all or any portion of its costs or obligations under this Agreement without the prior written consent of the City Commission, in its sole discretion. Concessionaire shall notify the City Manager of any proposed assignment, in writing, at least sixty (60) days prior to the proposed effective date of such assignment. In the event that any such assignment is approved by the City Commission, the assignee shall agree to be bound by all the covenants of this Agreement required of Concessionaire. Notwithstanding the foregoing, the City expressly agrees that Concessionaire may subcontract the management and operation of the services to be performed under this Agreement to Concessionaire's parent company, Car Charging Group, Inc. SECTION 18. SPONSORSHIPS. 18.1 The City reserves unto itself all present and future rights to negotiate all forms of endorsement and/or sponsorship agreements based on the marketing value of any City trademark, property, brand, logo and/or reputation. Any and all benefits derived from an endorsement and/or sponsorship agreement based on the marketing value of a City trademark property, brand, logo and/or reputation, shall belong exclusively to the City. Concessionaire shall be specifically prohibited from entering into, or otherwise creating any, sponsorships and/or endorsements with third parties which are based solely or in any part on the marketing value of a City trademark, property, brand, logo and/or reputation. It is further acknowledged that the name, likeness, equipment, concepts, logos, designs and other intellectual property rights of Concessionaire shall remain in the exclusive possession and control of Concessionaire at all times; provided, however, that Concessionaire hereby grants City a revocable, non-exclusive, non-transferrable, non- sublicensable, royalty -free, license to use any Concessionaire trademarks and/or logo, provided by Concessionaire to City for purposes of the City's promotion of the Program. SECTION 19. NO ADVERTISING/PROMOTIONAL ASSISTANCE. 19.1 No Advertising. Concessionaire understands that City of Miami Beach regulations strictly prohibit Concessionaire from advertising on any part of the Concession Area Improvements or the Concession Area, and expressly agrees not to conduct any advertising hereunder unless expressly approved in writing by the City, in the City's sole and absolute discretion. 19.2 Promotional Assistance. At the sole option and discretion of the City Manager, the City may place a link to any website maintained by Concessionaire, including www.blinkcharging.com for users to reach Concessionaire and/or learn more information about the Program. Concessionaire 23 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 agrees to place a link for the City of Miami Beach on its website to inform users of the City Property locations under the Program. At the City's request, Concessionaire shall remove the link or any reference to the Miami Beach Program or City Property locations. Both the City and Concessionaire agree to make good faith efforts to promote the use of EV Stations within the City of Miami Beach under the terms of this Agreement. Any placement of advertisement or other form of promotion of the Program, including City Property locations which are the subject of the Program, shall be subject to the prior written approval of the City Manager. SECTION 20. NO IMPROPER USE. The Concessionaire will not intentionally use, nor suffer or permit any person to use in any manner whatsoever, any Concession Areas or Concession Area Improvements thereon, for any illegal, improper, or for any other purpose in violation of any Federal, State, County, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. The Concessionaire will protect, indemnify, and forever save and keep harmless the City, its officials, employees, contractors, and agents from and against damage, penalty, fine, judgment, expense or charge suffered, imposed, assessed or incurred for any violation, or breach of any law, ordinance, rule, order or regulation occasioned by any act, neglect or omission of the Concessionaire, or any official, director, agent, or contractor regarding the Concession Area or Concession Area Improvements. In the event of any violation by the Concessionaire, the City shall have the right to suspend concession operation at the effected Concession Area if the Concessionaire should fail to correct any such violation, to the satisfaction of the City Manager or Contract Manager within twenty-four (24) hours following written notice of the nature and extent of such violation. Such suspension may continue until the violation is cured to the satisfaction from the City Manager or Contract Manager. SECTION 21. NOTICES. Any notice required to be given or otherwise given pursuant to this Contract shall be in writing and shall be hand delivered, mailed by certified mail, return receipt requested or sent recognized overnight courier service as follows: If to CONCESSIONAIRE: Blink Network, LLC 605 Lincoln Road, 51h Floor, Miami Beach, FL 33139 Attn: Nihusa Dias If to the CITY: City of Miami Beach Parking Department c/o Parking Director 1755 Meridian Avenue, Suite 200 Miami Beach, Florida 33139 With copy to City of Miami Beach 1700 Convention Center Drive Miami Beach, FL. 33139 Attention: City Manager 21.1 Notwithstanding the foregoing, the City expressly authorizes Concessionaire to notice its designated Contract Manager, City of Miami Beach Parking Director, with a mailing address of 1755 Meridian Avenue, Suite 200, Miami Beach, Florida 33139, (hereinafter "Manager") with regard to all matters pertinent to this Agreement, except with respect to any alleged defaults, which will require notice to the parties set forth in section 15. 24 DocuSign Envelope ID: 33813227-2FC94EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 SECTION 22. LAWS. 22.1 Compliance. Concessionaire shall comply with all applicable City, County, State, and Federal ordinances, statutes, rules and regulations, including but not limited to all applicable environmental City, County, State, and Federal ordinances, statutes, rules and regulations. 22.2 Governing Law. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any civil action arising in any way from this Agreement or the activities of the parties under this Agreement shall be brought only in a court of competent jurisdiction located in Miami -Dade County, Florida. 22.3 Equal Employment Opportunity. Neither Concessionaire nor any affiliate of Concessionaire performing services hereunder, or pursuant hereto, will discriminate against any employee or applicant for employment because of race, creed, sex, color, national origin, sexual orientation, and disability (as defined in Title I of ADA). Concessionaire will take affirmative steps to utilize minorities and females in the work force and in correlative business enterprises. 22.4 No Discrimination. Concessionaire agrees that there shall be no discrimination as to as to race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity, marital and familial status, or age, or handicap, in the operations referred to in this Agreement; and, further, there shall be no discrimination regarding any use, service, maintenance, or operation within the Concession Areas. All operations and services offered in the Concession Areas shall be made available to the public, subject to the right of the Concessionaire and the City to establish and enforce reasonable rules and regulations to provide for the safety, orderly operation, and security of the Concession Areas and improvements and equipment thereon. Pursuant to Sections 62-90 and 62-91, of Chapter 62, of the Miami Beach City Code entitled "Human Relations", Concessionaire, by executing this Agreement, certifies that it does not discriminate in its membership or policies based on race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity, marital and familial status, or age, or handicap. SECTION 23. MISCELLANEOUS. 23.1 No Partnership. Nothing contained in this Agreement shall constitute or be construed to be or create a partnership or joint venture between the City and Concessionaire. 23.2 Modifications. This Agreement cannot be changed or modified except by Agreement in writing executed by all parties hereto. Concessionaire acknowledges that no modification to this Agreement may be agreed to by the City unless approved by the Mayor and City Commission except where such authority has been expressly provided herein to the City Manager or Contract Manager. 25 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 23.3 Complete Agreement. This Agreement, together with all exhibits incorporated hereto, constitutes all the understandings and Agreements of whatsoever nature or kind existing between the parties with respect to Concessionaire's operations, as contemplated herein. 23.4 Headings. The section, subsection and paragraph headings contained herein are for convenience of reference only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement. 23.5 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 23.6 Clauses. The illegality or invalidity of any term or any clause of this Agreement shall not affect the validity of the remainder of the Agreement, and the Agreement shall remain in full force and effect as if such illegal or invalid term or clause were not contained herein unless the elimination of such provision detrimentally reduces the consideration that either party is to receive under this Agreement or materially affects the continuing operation of this Agreement. 23.7 Severability. If any provision of this Agreement or any portion of such provision or the application thereof to any person or circumstance shall be held to be invalid or unenforceable, or shall become a violation of any local, State, or Federal laws, then the same as so applied shall no longer be a part of this Agreement but the remainder of the Agreement, such provisions and the application thereof to other persons or circumstances, shall not be affected thereby and this Agreement as so modified shall. 23.8 Right of Entry. The City, at the direction of the City Manager, shall at all times during hours of operation, have the right to enter into and upon any and all parts of the Concession Area(s) for the purposes of examining the same for any reason relating to the obligations of parties to this Agreement. 23.9 Not a Lease. It is expressly understood and agreed that no part, parcel, building, facility, equipment or space is leased to the Concessionaire, that it is a concessionaire and not a lessee; that the Concessionaire's right to operate the concession shall continue only so long as this Agreement remains in effect. 23.10 Procedure for Approvals and/or Consents. In each instance in which the approval or consent of the City Manager or Contract Manager is allowed or required in this Agreement, it is acknowledged that such authority has been expressly provided herein to the City Manager or Contract Manager by the Mayor and City Commission of the City. In each instance in which the approval or consent of the City Manager or Contract Manager is allowed or required in this Agreement, Concessionaire shall send to the City Manager a written request for approval or consent (the "Approval Request"). 26 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 The City Manager or Contract Manager shall use reasonable efforts to provide written notice to Concessionaire approving of consent to, or disapproving of the request, within thirty (30) days from the date of Approval Request (or within such other time period as may be expressly set forth for a particular approval or consent under this Agreement). However, the City Manager or Contract Manager's failures to consider such request within this time provided shall not be deemed a waiver, nor shall Concessionaire assume that the request is automatically approved and consented to. The City Manager or Contract Manager shall not unreasonably withhold such approval or consent. This subsection shall not apply to approvals required herein by the Mayor and City Commission. 23.11 No Waiver. It is mutually covenanted and agreed by and between the parties hereto that the failure of the City to insist upon the strict performance of any of the conditions, covenants, terms or provisions of this Agreement, or to exercise any option herein conferred, will not be considered or construed as a waiver or relinquishment for the future of any such conditions, covenants, terms, provisions or options but the same shall continue and remain in full force and effect. A waiver of any term expressed herein shall not be implied by any neglect of the City to declare a forfeiture on account of the violation of such term if such violation by continued or repeated subsequently and any express waiver shall not affect any term other than the one specified in such waiver and that one only for the time and in the manner specifically stated. The receipt of any sum paid by Concessionaire to the City after breach of any condition, covenant, term or provision herein contained shall not be deemed a waiver of such breach, but shall be taken, considered and construed as payment for use and occupation, and not as rent, unless such breach be expressly waived in writing by the City. 23.12 No Third Party Beneficiary. Nothing in this Agreement shall confer upon any person or entity, including, but not limited to sub concessionaires, other than the parties hereto and their respective successors and permitted assigns, any rights or remedies by reason of this Agreement. 23.13 No Lien. In the event any notice or claim of lien shall be asserted against the interest of the City on account of or arising from any work done by or for Concessionaire, or any person claiming by, through or under Concessionaire, or for improvements or work, the cost of which is the responsibility of Concessionaire, Concessionaire agrees to have such notice or claim of lien cancelled and discharged within fifteen (15) days after notice to Concessionaire by City. In the event Concessionaire fails to do so, City may terminate this Agreement for cause without liability to City. 27 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 SECTION 24. LIMITATION OF LIABILITY. The City desires to enter into this Agreement placing the operation and management of the Concession Area(s) in the hands of a private management entity only if so doing the City can place a limit on its liability for any cause of action for breach of this Agreement, so that its liability for any such breach never exceeds the sum of Ten Thousand ($10,000.00) Dollars. Concessionaire hereby expresses its willingness to enter into this Agreement Ten Thousand ($10,000.00) Dollars limitation on recovery for any action for breach of contract. Accordingly, and in consideration of the separate consideration of Ten Thousand ($10,000.00) Dollars, the receipt of which is hereby acknowledged, the City shall not be liable to Concessionaire for damages to Concessionaire in an amount in excess of Ten Thousand ($10,000.00) Dollars, for any action for breach of contract arising out of the performance or on -performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of limitation placed upon the City's liability as set forth in Florida Statutes, Section 768.28. SECTION 25. VENUE. This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami - Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any and all the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. CITY AND CONCESSIONAIRE HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT CITY AND CONCESSIONAIRE MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE CONCESSION AREA(S). SECTION 26. CONFLICT OF INTEREST. Concessionaire agrees to adhere to and be governed by the Miami -Dade County Ethics and Conflict of Interest laws, as same may be amended from time to time, and by the City of Miami Beach Charter and Code, as same may be amended from time to time, in connection with the performance of the Services. Concessionaire covenants that it presently has no interest and shall not acquire any interest, direct or indirectly, which would conflict in any manner or degree with the performance of the work and services contemplated in this Agreement. The Concessionaire further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Concessionaire. SECTION 27. FLORIDA PUBLIC RECORDS LAW. Pursuant to Section 119.0701 of the Florida Statutes, if the Concessionaire meets the definition of "Contractor" as defined in Section 119.0701(1)(a), the Concessionaire shall. - a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and 28 DocuSign Envelope ID: 33813227-2FC94EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 d) Meet all requirements for retaining public records and transfer to the City, at no City cost, all public records created, received, maintained and/or directly related to the performance of this Agreement that are in possession of the Concessionaire upon termination of this Agreement. Upon termination of this Agreement, the Concessionaire shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. For purposes of this Article, the term "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. Concessionaire's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes shall be a breach of this Agreement. In the event the Concessionaire does not comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail itself of the remedies set forth under this Agreement and available at law. SECTION 28. INSPECTOR GENERAL AUDIT RIGHTS 1. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections, and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present, and proposed City programs, accounts, records, contracts, and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect, and review operations, activities, performance, and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Concessionaire, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the Contract Documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. 3. Upon ten (10) days written notice to the Concessionaire, the Concessionaire shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Concessionaire, its officers, agents and employees, lobbyists, City staff and elected IRR DocuSign Envelope ID: 33813227-2FC94EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 officials to ensure compliance with the contract documents and to detect fraud and corruption. 4. The Inspector General shall have the right to inspect and copy all documents and records in the Concessionaire's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back -change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. 5. The Concessionaire shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until three (3) years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: i. If this contract is completely or partially terminated, the Concessionaire shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Concessionaire shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. 6. The provisions in this section shall apply to the Concessionaire, its officers, agents, employees, subcontractors, and suppliers. The Concessionaire shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Concessionaire in connection with the performance of this contract. 7. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Concessionaire or third parties. SECTION 29. E-VERIFY (A) Concessionaire shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E- Verify Statute, commencing on January 1, 2021, Concessionaire shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Concessionaire shall expressly require any subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the contract Term. If Concessionaire enters into a contract with an approved subconsultant, the subconsultant must provide the Concessionaire with an affidavit stating that the subconsultant Concessionaire does not employ, contract with, or subcontract with an unauthorized alien. Concessionaire shall maintain a copy of such affidavit for the duration 30 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 of the Agreement, or such other extended period as may be required under this Agreement. (B) TERMINATION RIGHTS. (1) If the City has a good faith belief that Concessionaire has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Concessionaire for cause, and the City shall thereafter have or owe no further obligation or liability to Concessionaire. (2) If the City has a good faith belief that a subconsultant has knowingly violated the foregoing Subsection 29(A), but the Concessionaire otherwise complied with such subsection, the City will promptly notify the Concessionaire and order the Concessionaire to immediately terminate the Agreement with the subconsultant. Concessionaire's failure to terminate a subconsultant shall be an event of default under this Agreement, entitling City to terminate the Concessionaire's contract for cause. (3) A contract terminated under the foregoing Subsection (121)(1) or (121)(2) is not in breach of contract and may not be considered as such. (4) The City or Concessionaire or a subconsultant may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)(1) or (13)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the Agreement with Concessionaire under the foregoing Subsection (B)(1), Concessionaire may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Concessionaire is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 29. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 31 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Contract No. 23-043-01 IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their seals to be affixed, all as of the day and year first above written, indicating their Agreement. FOR CITY: By. _ 7z�l� Ra el E. Granado, City Clerk Date: OCT - 4 2023 FOR CONCESSIONNAIRE: BLINK NETWORK, LLC Mike Battaglia, Chief Revenue Officer Print Name and Title Date:09/15/2023 CITY OF MIAMI BEACH, FLORIDA ;?Ina T. Hudak, City Manager C',• 0�'_a.. •' �y iINCORP�,DRATED 32 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION . City Attorney* Attorney fyy► Da e DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Exhibit A Concession Service Zone Location 1900 Bay Road 1301 Collins - 13thStreet Garage 4166 Royal Palm Ave - 42ndStreet Garage 512 12thStreet - 12thStreet & Drexel Avenue Garage 1755 Meridian Avenue - City Hall garage 640 17thStreet - 17thStreet Garage 1701 Convention Center Drive - Convention Center Loading Dock 1701 Convention Center Drive - Convention Center Parking Deck 4thFl. 1701 Convention Center Drive - Convention Center Parking Deck 5thFl. 340 23rd Street - Collins Park Garage Municipal Parking Lot No. P-100, 8100 Hawthorne Avenue* Any other municipal parking facilities, including, parking garages or surface parking lots that may be identified by the City and approved pursuant to this Agreement. *Currently in the permitting process at the time of contract execution 31 DocuSign Envelope ID: 33813227-2FC94EDB-BB64-108EF7BFAFFO Exhibit B Electric Vehicle Charging Station 32 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Charging Status I j Indicator High visibility, multicolor LED visual status indication i Display LCD Scisw - 4 line, 20 characters per Nw Authentication RFID: ISO I4443 Type A & B, MiFore, Felico, ISO I 5693 NFC: Apple VAS, NEMA - Enclosure Aluminum, NEMA 31? outdoor rated Operating Humidity Up to 9S% non -condensing Operating Temperature 30 degree C to +50 degree C ambient Operating Altitude w6560 ft =1 I Dimensions 20.5' H x 7.4` W x 7.4' D _ _Device: 15.5 lbs. Pedestal mount: Device: 21 lbs. Pedestal mount. 12.5 lbs. Approximate Weights 12-5 lbs. Wall mount bracket: 1 1 5 lbs. Wall mount brocht. 11.51bs Mounting Option Woll or Pedestal mount Cable LwVh 18 h slondard, 25ft optional Cable Organizer • Optional Ul 2594 / CSA C22.2 No. 280.16 Safety UL 223 1 -1 / CSA C22.2 No. 281.1-12, UL 2231.2 / CSA C22.2 No 281.2-12 certified SEMI FCC Part 15 Class A compliant Energy Efficiency Energy Star certified ymots and Cafifomia Type Evaluation Program (CTEPI certified Measurements Accessibility ADA compliant 33 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Number of Ports Current Power Energy Metering Accuracy Charging Connector z 30A Max per port 7 2 kW 1@240VAC) or 6 24W (@208VAC) Max per port Two 48A Max per port 80A Max per port 19 AW (@240VAC) or 16.64kW (@208VAC) Max per port SAE J 1772 Input Connector Hardwired Voltage 208 or 240 VAC I -- ---- r- - - -- Dual -pole common Dual -pole common Dual•pofe common Service Panel &esker trip 40A breaker, I trip 60A breaker, trip 100A breaker, dedicated circuit dedicated circuit dedicated circuit per per port per port i Power Connection —port — -1 0l) per Port i Line 1, Line 2 and GND (no neuh Standby Power 5.75 W Typical 6.5 W Typical Ground Fault Circuit Interrupt 20mA COD with auto retry (every 15 seconds) Aubmolic Plug Our Power terminated per SAE 11772 spec Detection Surge Protection 6kV @3,000A Data Communication I Cellular 4G LTE Charging Infrastructme Communication CtCPP Compliant Remote access, diagnostics, Remote Management Over -the -Air (OTA) software update enabled Load Management Smart, dynamic allocation and distribution of power to each port 34 DocuSign Envelope ID: 33813227-2FC94EDB-BB64-108EF7BFAFFO EXHIBIT C PROJECT SCHEDULE This Exhibit C shall apply to all additional electric vehicle charging station installations, electric vehicle charging station upgrades, and relocation and removal of electric vehicle charging stations Pursuant to Section 3. Use(s). 35 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Exhibit D Price Schedule Electric Car Charging Fees: Blink Members $0.29/kWh Blink Nonmembers (others) ___________________ $0.39/kWh City of Miami Beach Fleet Vehicle............................................................$0.25/kWh City of Miami Beach Employee ................ .................. ............................... $0.25/kWh Charger Occupancy Fees: After completion of electric charging session, a charger occupancy fee will be assessed until the connector is removed/unplugged as follows: 0 — 30 min Over 30 min 37 ------------------------------------------------ $0.00 $0.05/min DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Actual Size: 12" x 18" Exhibit E Signa4e 38 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Proposal Documents 30 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO ATTACHMENT A RESOLUTION & COMMISSION AWARD MEMO DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO RESOLUTION NO. 2023-32675 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) 2023-043-WG ELECTRIC VEHICLE CHARGING STATIONS, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH BLINK NETWORK LLC, THE TOP -RANKED PROPOSER; AND, IF UNSUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP -RANKED PROPOSER, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH OBE POWER NETWORKS 1 LLC, THE SECOND -RANKED PROPOSER; AND IF UNSUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE SECOND - RANKED PROPOSER, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH SMARTCITYCAPITAL, LLC, THE THIRD -RANKED PROPOSER; AND FURTHER REQUIRING THAT THE FINAL TERM SHEET, INCLUDING THE AGREED UPON LOCATIONS AND UNITS, BE SUBJECT TO APPROVAL BY THE MAYOR AND CITY COMMISSION. WHEREAS, on February 22, 2023, the Mayor and City Commission approved the issuance of an RFQ for Electric Vehicle Charging Stations; and firms: WHEREAS, on February 23, 2023, RFQ 2023-043-WG was issued; and WHEREAS, on April 18, 2023, the City received proposals from the following thirteen (13) • Blink Network LLC • Coral Charge, Inc. • EvGateway, Inc. • Jolt Charge, Inc. • Livingston Energy Group, LLC • SmartCityCapital, LLC • Noresco, LLC • OBE Power Networks 1 LLC • IKE Smart City, LLC • R&D Electric, Inc. • Red E Charging LLC • Smart Energy Systems, Inc. • Universal EV LLC; and WHEREAS, on June 21 st and 2211, 2023, the Evaluation Committee comprised of Juanita Ballesteros, Manager, Environment & Sustainability Department, Monica Beltran, Director, Parking Department, Rodney Knowles, Assistant Director, Public Works Department, Rogelio Madan, Development and Resiliency Officer, Planning Department, convened to consider proposals; and WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance, the Government Sunshine Law, general information on the scope of services and a copy of each proposal; and DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO WHEREAS, the Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ; and WHEREAS, the evaluation process resulted in the proposers being ranked by the Evaluation Committee in the following order: 151 ranked — Blink Network LLC 2ne ranked — OBE Power Networks 1 LLC 3,1 ranked — SmartCityCapital, LLC 41h ranked — Jolt Charge, Inc. 511,(tied) ranked — Universal EV LLC 51h (tied) ranked — EvGateway, Inc. Th ranked - Noresco, LLC 81h (tied) ranked - Coral Charge Inc 80 (tied) ranked - Livingston Energy Group, LLC 101h ranked - Smart Energy Systems, Inc. 11 th ranked - R&D Electric, Inc. 121h ranked - Red E Charging LLC 131h ranked - IKE Smart City, LLC WHEREAS, after reviewing the proposals and the results of the evaluation committee, it is recommended that the Administration negotiate with Blink Network LLC, the top -ranked proposer who is most qualified to install, operate, and maintain electric vehicle charging stations for public use in municipal parking facilities; and WHEREAS, OBE Power Networks 1 LLC, the second -ranked bidder, and Smart City Capital, the third -ranked bidder, are also well qualified and should be considered if negotiations with Blink are not successful. 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 authorize the Administration to enter into negotiations with Blink Network LLC, the top -ranked proposer; and, if unsuccessful in negotiating an agreement with the top - ranked proposer, authorize the Administration to negotiate with OBE Power Networks 1 LLC, the second -ranked proposer; and if unsuccessful in negotiating an agreement with the second -ranked proposer, authorize the Administration to negotiate with SmartCityCapital, LLC, the third -ranked proposer; and further require that the final term sheet, including the agreed upon locations and units, be subject to approval by the Mayor and City Commission. PASSED AND ADOPTED this ;G day of Tu�2023. ATTEST: M i 8 2@23 RAFAEL E. GRANADO, CITY CLERK NCupP tow 2 DAN GELBER, MAYOR APPROVED AS TO FORM & LANGUAGE & FOR � EXECUTION V/`" V % City Attomey 7l Date DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Competitive Bid Reports - C2 D MIAAAI 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, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) 2023-043-WG ELECTRIC VEHICLE CHARGING STATIONS, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH BLINK NETWORK LLC, THE TOP -RANKED PROPOSER; AND, IF UNSUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP - RANKED PROPOSER, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH OBE POWER NETWORKS 1 LLC, THE SECOND - RANKED PROPOSER; AND IF UNSUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE SECOND -RANKED PROPOSER, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH SMARTCITYCAPITAL, LLC, THE THIRD -RANKED PROPOSER; AND FURTHER REQUIRING THAT THE FINAL TERM SHEET, INCLUDING THE AGREED UPON LOCATIONS AND UNITS, BE SUBJECT TO APPROVAL BY THE MAYOR AND CITY COMMISSION. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the Resolution accepting the recommendation of the City Manager, pursuant to Request for Qualifications (RFQ) 2023-043-WG for electric vehicle charging stations at certain locations as mutually agreed upon, authorizing the Administration to negotiate with Blink Network LLC, the top -ranked proposer. If negotiations with Blink Network LLC are not successful, the Resolution authorizes the Administration to negotiate with OBE Power Networks 1 LLC, the second -ranked proposer, and if not successful, negotiate with SmartCityCapital, LLC, the third -ranked proposer. The Resolution requires that the final term sheet, including the agreed -upon locations and number of units, be subject to approval by the Mayor and City Commission. This solicitation is currently under the cone of silence. The City and Blink Network LLC (Blink) entered into an agreement pursuant to RFP 2015-177- JR for a self-service electric vehicle charging station services program for the City's parking Page 57 of 1588 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO facilities, effective November 2, 2016. The initial term of the Agreement was for a period of five (5) years, with two (2) additional one-year renewal terms. The Agreement with Blink Network, LLC is scheduled to expire on November 1, 2023. Blink electric vehicle (EV) chargers are currently installed at the following locations throughout the City as follows: Location Quantity 1900 Bay Road 2 1301 Collins-13thStreet Garage 2 4166 Royal Palm Ave - 42"dStreet Garage 2 512 12thStreet - 121hStreet & Drexel Avenue Garage 2 1755 Meridian Avenue - City Hall garage 2 640 171hStreet - 17thStreet Garage 2 1701 Convention Center Drive - Convention Center Loading Dock 2 1701 Convention Center Drive - Convention Center Parking Deck OR. 14 1701 Convention Center Drive - Convention Center Parking Deck 5thFI. 14 340 23rd Street - Collins Park Garage 5 The City is dedicated to providing environmentally friendly programs, including hybrid vehicle parking incentives, bicycle sharing, and maintaining and expanding the number of electric vehicle charging stations at municipal parking facilities. Promoting the adoption of electric vehicles offers a wide variety of benefits to the City and the environment, including improved air quality, reduced emissions, quieter and more livable streets, and decreased dependency on fossil fuels. To that end, self-service electric vehicle charging stations facilitate the use of electric vehicles. In anticipation of the expiring contract with Blink, the Administration prepared RFQ 2023-043- WG seeking responses from firms interested in partnering with the City. ANALYSIS On February 22, 2023, the Mayor and City Commission approved the issuance of RFQ 2023- 043-WG, seeking proposals for electric vehicle charging stations. On February 23, 2023, the RFQ was issued. The Procurement Department issued bid notices to 14,076 companies utilizing the Citys e-procurement system, with 44 prospective bidders accessing the solicitation. RFQ responses were due and received on April 18, 2023. The City received proposals from the following 13 firms: 1. Blink Network LLC 2. Coral Charge, Inc. 3. EvGateway, Inc. 4. IKE Smart City, LLC 5. Jolt Charge, Inc. 6. Livingston Energy Group, LLC 7. Noresco, LLC 8. OBE Power Networks 1 LLC 9. R&D Electric, Inc. 10. Red E Charging LLC Page 58 of 1588 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO 11. SmartCityCapital, LLC 12. Smart Energy Systems, Inc. 13. Universal EV LLC. On June 21 st and 22nd, 2023, the Evaluation Committee, appointed by the City Manager, convened to consider the responsive proposals received. The Committee was comprised of Juanita Ballesteros, Manager, Environment & Sustainability Department; Monica Beltran, Director, Parking Department; Rodney Knowles, Assistant Director, Public Works Department; Rogelio Madan, Development and Resiliency Officer, Planning Department. The Committee was provided an overview of the project and information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided with general information on the scope of services and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process resulted in the proposers being ranked by the Evaluation Committee in the following order (See Attachment A): 1st ranked — Blink Network LLC 2nd ranked — OBE Power Networks 1 LLC 3rd ranked — SmartCityCapital, LLC 4th ranked — Jolt Charge, Inc. 5th (tied) ranked — Universal EV LLC 5th (tied) ranked — EvGateway, Inc. 7th ranked - Noresco, LLC 8th (tied) ranked - Coral Charge I nc 8th (tied) ranked - Livingston Energy Group, LLC 10th ranked - Smart Energy Systems, Inc. 11 th ranked - R&D Electric, I nc. 12th ranked - Red E Charging LLC 13th ranked - I KE Smart City, LLC The following is a summary of the three top -ranked firms. Blink Network LLC Founded in 2009, Blink Network LLC, with corporate headquarters located in Miami Beach, is a publicly traded EV charging company. Complete Blink vertical integration includes research and development, manufacturing, EV charger deployment and installation, charger ownership, operations and maintenance, and the Blink Network, which provide 24/7/365 customer service and support. The firm is the second largest EV charging company in the US, with over 500 staff worldwide. Blink chargers are found in 25 countries across the globe in numerous locations, including airports, retail, healthcare facilities, multi -family residential communities, parks and recreation areas, transportation hubs, and more. Blink has sold, deployed, or installed over 66,000 chargers worldwide, with over 500,000 users on the Blink Networks. Blink has manufacturing capabilities in the US, India, and Taiwan. Its most recent global expansion to seven offices in five countries includes Blink Charging Mexico. For the past 14 years, Blink has been dedicated to slowing climate change by reducing transportation -related greenhouse gas emissions. The firm is continuously developing the Page 59 of 1588 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO newest future -proof technology and expanding its services in multiple countries and with larger fleet carriers. Blink is currently the City's incumbent for electric vehicle charging stations. It has contract awards with the United States Postal Service, where Blink will provide up to 41,500 EV charging units for its fleet operations, and U.S. General Services Administration (GSA), the City of Phoenix, Arizona, and Carmax dealerships. OBE Power Networks 1 LLC Since its formation in 2017, OBE Power's team has managed the design, permit processing, installation, setup, and activation of EV charging stations. OBE Power owns and operates over 357 EV charging points spread across municipalities, workplaces, multifamily condominiums, entertainment destinations, mixed -use, health care, and educational locations. Some of its clients include the City of Miami (Miami Parking Authority), the City of North Miami, Miami -Dade County, Palm Beach County, the City of Fort Worth, Carnival Cruise Lines, Royal Caribbean, Marlins Park, Jackson Memorial Hospital, Related Group, Cushman and Wakefield, Property Markets Group, FirstService Residential and Nova Southeastern University, among others. SrnartCijyCapital. LLC SmartCityCapitai is a global company formed by leading information technology (IT) industry executives, highly experienced in various technologies including IOT, smart cities, service providers (backhaul, small cell, cloud, and XaaS), and outcome based funding solutions. SmartCityCapital has an end -to -end partner ecosystem, including various Fortune 100 technology, service providers and operators, channel partners, lenders, and asset managers. SmartCityCapital has partnered with a consortium to create a turnkey municipal EV charging solution through the complete integration of installment, hardware, operating system, and analytics software through their channel partner Alyath. Some of the firm's clients include the City of Miramar, Miami -Dade County, and the City of Miami Gardens. 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 concems related to climate change. FINANCIAL INFORMATION In 2016, Blink's response to Miami Beach's RFP for EV charging stations resulted in a 7-year agreement. The success of the partnership has resulted in the current cadre of 47 Level 2 EV charging stations installed on eight properties throughout Miami Beach as noted above. The current electric vehicle charging stations are provided at no charge to the City. Blink Network members pay $.39 per kilowatt hour (kWh) and non-members pay $.49 per kWh. Regular parking rates apply to all facilities where the chargers are installed; therefore, parking revenue is not impacted. As part of the agreement, the City provides the infrastructure, and Blink installs, manages, and Page 60 of 1588 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO maintains the chargers. Blink also pays the City fifteen percent (15 %) of annual gross revenue collected from charging fees and reimburses the City for electricity. The revenue collected pursuant to the current agreement has been nominal due to low initial demand and, later, the Pandemic. However, the Citys yield of revenue under the agreement has increased from an initial annual amount of $233 to a projected shared revenue for Fiscal Year (FY) 2023 of approximately $2,600. Notwithstanding the nominal revenue yield, the City benefits in non -financial ways including encouraging the use of electric vehicles which helps to reduce gas emissions. Since the initial installation of the Citys charging units, the market share of electric vehicles has increased significantly. Therefore, it is anticipated that through contract negotiation, the contract resulting from the current solicitation will lead to greater revenue for the City. Upon approval of this item, staff will negotiate an agreement that will include a detailed list of locations and revenue sharing with the City. Amount(s)/Account(s): Not Applicable CONCLUSION After reviewing the proposals and the results of the Evaluation Committee process, it is recommended that negotiations commence with Blink, the proposer unanimously ranked in first place by the Evaluation Committee. As one of the country s largest manufacturers and operators of electric vehicle charging stations, Blink has the experience and capacity to serve the City with every type of charger and installation needed. As the incumbent on the Citys current contract, Blink brings a unique familiarity with the Citys present infrastructure and EV charging station needs. Additionally, Blink is a Miami Beach -based company. Being headquartered in Miami Beach can help expedite the resolution of any issues that may come up during or after the deployment of the chargers. Blink has proven to be a good partner to the City, installing EV charging stations citywide, even when charging demand was low. They voluntarily update charging stations with the latest equipment and technology to benefit users. It is anticipated that the resulting contract will provide Level 2 chargers at the parking locations currently served by Blink. Additional charging stations could be added at current or future locations as needed. City facilities do not have the power to currently support Level 3 chargers. However, the City is pursuing the installation of Level 3 stations at City parking locations through a partnership with Florida Power & Light. Tesla has also expressed interest in working with the City to identify locations for its chargers. OBE Power Networks 1 LLC, the second -ranked proposer, and SmartCityCapital, the third - ranked proposer, are also well qualified and should be considered if negotiations with Blink are not successful. OBE Power Networks 1 LLC is one of the largest owned and operated EV charging networks in the state of Florida. SmartCityCapital is also well established and has been awarded contracts for charging stations in some areas of Miami -Dade County and other cities in Florida and across the United States. For the reasons stated herein, it is recommended that the Mayor and City Commission of the City of Miami Beach, Florida, approve the Resolution accepting the recommendation of the City Page 61 of 1588 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Manager, pursuant to RFQ 2023-043-WG, for electric vehicle charging stations at certain locations as mutually agreed upon, authorizing the Administration to negotiate with Blink Network LLC, the top -ranked proposer. If negotiations with Blink Network LLC are not successful, the Resolution authorizes the Administration to negotiate with OBE Power Networks 1 LLC, the second -ranked proposer, and if not successful, negotiate with SmartCityCapital, LLC, the third - ranked proposer. The Resolution requires that the final agreement be subject to approval by the Mayor and City Commission. Applicable Area Citywide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? No Does this item utilize G.O. Bond Funds? No Strategic Connection Environment & Infrastructure - Reduce greenhouse gas emissions and heat. Legislative Tracking Parking/Procurement Sponsor Commissioner Alex Fernandez ATTACHMENTS: Description ❑ Attachment A ❑ Resolution Page 62 of 1588 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO RfG! IOt}p,{,}.tMCi EIaCEnc Juanita Ball•atO M Vellicle Charging SUUons ' Q1�11W — OwntntRiva 1 tlbOlal_ �Bknk Nw—k o Cwat Charge Inr ISO 0 w ._ EvGaW" Inc M 0 M ._ kIKE Smaid City t I (: 70 0 70 JoN Ct,erp, Inc _ 78 0 70 -- UwnOslen Ensr_yy Group _ _ 70 0 Horaaco, IiM — 75 0 OBE Poww Ndworks 1, Smart City CaAt. L t C eb 0 Smart Energy System Inc SNMs Snort Energy Water_ 0 7S �REp E Chrryuig LLC 7a 0Elk R&DElectric.Inc. 70 0- iUmr•n�lEVlIC ._.... 95 .. �. 0 _ ... r..wr gLnk Network LLC_ r Ct.ai Charge Inc iEvGatewayInc )KE Small C,ty LLC Jolt Charge Inc ,blongstoo Energy (,snip Norexo I. I C LOBE Po»wt Networks I It C �Sman Cey Captal LI. 'Snwrt Energy System In• R-a Smart Energy Wallet RED E Chargrny LLC ,R&D Electric Inc _. Unrvemal I LLC v.r«...w 1 ta•a4�M• ( • a f _ „ • • a s .^ a • ._... _. • • PON GNM AY W -- OM OW V. V Al MIMfM10 a= NOT CONDUYVTi AN M AVW NECOMIENOATUM. PM& 63 of ISM DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO ATTACHMENT B ADDENDUM AND RFQ SOLICITATION DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO MIAMIBEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 2 REQUEST FOR QUALIFICATIONS NO.2023-043-WG ELECTRIC VEHICLE CHARGING STATIONS April 5, 2023 This Addendum to the above -referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). REVISION: RFQ DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until 3:00 p.m., on Tuesday, April 18, 2023. All bids received and time stamped through BidSync, prior to the bid submittal deadline shall be accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids or bids received electronically, either through email or facsimile, submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. II. ATTACHMENTS: Attachment A Utilization Report Attachment B Pre -proposal conference virtual attendance sheet III. RESPONSES TO QUESTIONS RECEIVED: Q1: Can we invoice the city for the de -install/ installation of the replacement charging stations? Are we to assume that the existing electrical infrastructure in place is able to support the replacement Level 2 AC stations? Al: The purpose of the RFQ is to select the best qualified (as determined by the City) consultant for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection the City and the selected consultant will negotiate scope, terms, and cost. Q2: If any modifications or upgrades at the site are needed, is the city expecting to be billed for, or reimbursed by the selected bidder for these services or material upgrades? For example, if any cement work or foundational work is needed to support the new chargers, whether wall mounted or on a pedestal? If bollards are loose and need replacing, etc. Is this within the scope and a cost the city is willing to incur or reimburse the selected bidder for? A2: Any infrastructure needed to support the stations would be the City's responsibility; however, any modifications or installation costs would be the responsibility of the selected vendor. ADDENDUM NO.2 REQUEST FOR QUALIFICATIONS NO. 2023-043-WG Electric Vehicle Charging Stations DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO MIAMIBEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3m Floor Miami Beach, Florida 33139 www.miamibeachfl.gov Q3: Is the preference for the city to "own" the charging station asset? Or, rent the charging station asset? A3: The purpose of the RFQ is to selectthe best qualified (as determined by the City) consultant for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection the City and the selected consultant will negotiate scope, terms, and cost. However, the City will neither buy nor rent the units. The units shall remain under the ownership of the selected vendor, who is responsible for providing, installing, operating, and maintaining the units. Q4: DC Fast Chargers - will we be replacing existing DC Fast Charging stations at existing sites? Or, will there be new sites selected for DC Fast Charging? Is there currently 480v service at the notable DC Fast Charging sites, or may we assume the city will provide the new service and own this task? A4: The purpose of the RFQ is to select the best qualified (as determined by the City) consultant for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection the City and the selected consultant will negotiate scope, terms, and cost. However, the City does not currently have DC Fast Chargers at its existing sites. The City anticipates increasing power to support fast charging stations in the future, at sites not yet determined. Q5. Can you provide the present utilization data? A5. Yes, refer to Exhibit A Utilization Report. The utilization is anticipated to increase with the growing use of electric vehicles and demand for additional charging stations. 06. Can you please provide the anticipated locations for the power stations? A6. The purpose of the RFQ is to select the best qualified (as determined by the City) consultant for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection the City and the selected consultant will negotiate scope, terms, and cost. However, the charging stations are expected to be available at each of its 12 parking garages. The City also anticipates the addition of charging stations at various parking lots throughout South, Middle, and North Beach. 07. Can the City provide the addresses of the anticipated parking garages and parking lots where the charging stations are to be installed? A7. The present address list of anticipated parking garages and parking lots is as follows: • 1900 Bay Road (2 each) • 1301 Collins-13th Street Garage (2 each) • 4166 Royal Palm Ave- 42nd Street Garage (2 each) 51212th Street- 12th Street & Drexel Avenue Garage (2 each) 1755 Meridian Avenue- City Hall Garage (2 each) ADDENDUM NO.2 REQUEST FOR QUALIFICATIONS NO.2023-043-WG Electric Vehicle Charging Stations DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO MIAMIBEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 www.miamibeachfl.gov 640 17th Street- 17th Street Garage (2 each) 1701 Convention Center Drive- Convention Center Loading Dock (2 each) 1701 Convention Center Drive- Convention Center 4th Floor (14 each) • 1701 Convention Center Drive- Convention Center 5th Floor (14 each) 224 23rd Street- Collins Park Garage (1312) 340 23rd St. (5 each) • Municipal Parking Lot No. P-100 8100 Hawthorne Avenue (1 each) However, final locations and number of units will be negotiated with the selected firm. Q8. Are the present units separately metered or is the City reimbursed for the cost of electricity? A8. The present units are separately metered, and electricity is paid for by the incumbent provider. Q9. Does the city have any information on any tariffs and electrical reads? A9. Not at this time. However, the purpose of the RFQ is to select the best qualified (as determined by the City) consultant for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection the City and the selected consultant will negotiate scope, terms, and cost. Q10. Is it the City's intent to increase the number of existing chargers or is the infrastructure limited to what is presently installed? A10. The City anticipates continuing service at the existing locations and adding additional chargers as demand increases. New charger locations will be negotiated with the successful proposer(s) based on demand and infrastructure requirements. Q11. Is the existing provider paying the electrical bills for the existing charging stations? A11. Please refer to the response to Question No. 8 above. 012. Are there points to be allotted for firms headquartered in Miami Beach? Al2. No. Q13: Would Miami Beach contemplate opening the experience requirement to allow for established companies with a new electric vehicle charging infrastructure business model with experience in the placement of powered equipment by revising or adding a minimum qualification such as the following: Bidder (defined as the Proposing Firm) shall have a minimum of three (3) years' experience providing electrified infrastructure such as kiosks or other powered infrastructure within the last five (5) years.? A13: The Minimum Qualification Requirement will not be modified. ADDENDUM NO.2 REQUEST FOR QUALIFICATIONS NO.2023-043-WG Electric Vehicle Charging Stations DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO MIAMIBEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 www.miamibeachfl.gov Q14: The RFQ states that Miami Beach intends to enter into a non-exclusive contract for the installation, operation, and maintenance of self-service electric vehicle charging stations for public use in municipal parking facilities, including but not limited to parking garages and surface lots. A) Does the City contemplate curbside charging in the right-of-way? B) Is there a desire or plan for curbside charging in Miami Beach? A14: A) Not at this time. B) Not at this time. Q15. Is the city interested in the most advanced EV charging solutions that have been developed over the past 12 months? A15. The purpose of the RFQ is to select the best qualified (as determined by the City) consultant for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection the City and the selected consultant will negotiate scope, terms, and cost. Q16 Will the city consider a solution that does not impact the electrical grid at all? A16. The purpose of the RFQ is to select the best qualified (as determined by the City) consultant for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection the City and the selected consultant will negotiate scope, terms, and cost. 017 Providing functionality even in natural disasters may be considered as a plus? A17. The purpose of the RFQ is to select the best qualified (as determined by the City) consultant for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection the City and the selected consultant will negotiate scope, terms, and cost. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: William Garviso 305-673-7000 ext. 7490 WilliamGarviso@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Sincerely, w���C2w ,,2wCso for Kristy Bada Kristy Bada Procurement Contracting Manager ADDENDUM N0.2 REQUEST FOR QUALIFICATIONS NO.2023-043-WG Electric Vehicle Charging Stations DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO MIAMIBEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3fd Floor Miami Beach, Florida 33139 www.miamibeachf.gov ADDENDUM NO. 1 REQUEST FOR QUALIFICATIONS NO. 2023-043-WG ELECTRIC VEHICLE CHARGING STATIONS April 3, 2023 This Addendum to the above -referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). REVISION: RFQ DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until 3:00 p.m., on Wednesday, April 14, 2023. All bids received and time stamped through BiclSync, prior to the bid submittal deadline shall be accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids or bids received electronically, either through email or facsimile, submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. A forthcoming Addendum will respond to questions received. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadogmiamibeachfl.gov Contact: Telephone: Email: William Garviso 305-673-7000 ext. 7490 WilliamGarvisoomiamibeachfl. ov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Sincerely, vvEL 2vvt c,arv%so for Alex Denis Alex Denis Procurement Director 1 1 ADDENDUM NO.1 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO MIAMI BEACH Request for Qualifications (RFQ) 2023-043-WG ELECTRIC VEHICLE CHARGING STATIONS TABLE OF CONTENTS SOLICITATION SECTIONS: 0100 INSTRUCTIONS TO RESPONDENTS 0200 GENERAL CONDITIONS 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 0400 PROPOSAL EVALUATION APPENDICES: APPENDIX A SPECIAL CONDITIONS APPENDIX B INSURANCE REQUIREMENTS DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO MIAMI BEACH SECTION 0100 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 1. GENERAL. This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit proposals for the City's consideration in evaluating qualifications to select a firm with whom it may negotiate an agreement for the purpose noted herein. The City utilizes Periscope S2G (formally known as BidSync) (www.periscopeholdings.com or www.bidsync.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective Proposer who has received this RFQ by any means other than through Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted, 2. BACKGROUND The City and Blink Network, LLC entered into an agreement pursuant to RFP 2015-177-JR for a self-service electric vehicle charging station services program for the City's parking facilities, effective November 2, 2016. The initial term of the Agreement was for a period of five (5) years, with two (2) additional one-year renewal terms, The present Agreement with Blink Network, LLC is scheduled to expire on November 1, 2023. Self-service electric vehicle charging stations facilitate the use of electric vehicles (EVs) due to the limited range of current EVs and their need to recharge periodically. The availability of strategically placed charging stations throughout the City provides greater convenience and further promotes the use of EVs. Benefits to the City include improved air quality, quieter and more livable streets, and decreased dependency on fossil fuels. The City is dedicated to providing environmentally friendly service programs, including hybrid vehicle parking incentives, bicycle sharing, and maintaining and expanding the number of electric vehicle charging stations at municipal parking facilities. The City's goals and objectives are to promote a vision to make electric vehicles a part of daily life for residents and visitors. This program is to be accessible to the maximum number of people in the most cost-efficient manner to promote electric vehicle use and conversely decrease local motor vehicle use. 3. PURPOSE. This Request for Proposals (RFP) is actively seeking proposals from qualified electric vehicle charging station distributors/operators/manufacturers to install, operate, and maintain Alternating Current (AC) Level 2 and/or Direct Current (DC) Fast Charge (high -current charging) electric vehicle charging stations for the City of Miami Beach Parking System, in accordance with the terms, conditions, and specifications contained in the RFQ. Scope and cost proposals should not be submitted and will not be considered as part of this RFQ. The City may negotiate with the bidder(s) deemed, in the City's sole discretion, to be best qualified for scope, terms and cost/revenue of an agreement for electric vehicle charging stations. 4. STATEMENT OF WORK REQUIRED. The City intends to enter into a non-exclusive contract for the installation, operation, and maintenance of self-service AC Level 2 and/or DC Fast Charge electric vehicle charging stations for public use in municipal parking facilities, including but not limited to parking garages and surface lots. The City will negotiate with the selected Proposer(s) a program that would enable the public to utilize AC Level 2 and/or DC Fast Charge electric vehicle charging stations that are open to all drivers without requiring a subscription. Services would be provided on a 24-hour, 365-day-a-year (full-time) basis with sufficient resources and personnel to successfully support and maintain the program. The City wishes to preserve flexibility for itself in maintaining/expanding its EV charging station program. It is anticipated that the electric vehicle charging station program include the following networking capabilities and benefits: DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO MIAMI BEACH • Electric Vehicle universal charging station infrastructure for AC Level 2 and/or DC Fast Charge that is open to all drivers without requiring subscription. • Provide AC Level 2 charging that transfers 240 volts (up to 19,2 Kw) of electricity from the electrical grid to vehicle batteries (recharging vehicles faster than AC Level 1) and/or DC fast charging that transfer a high voltage (typically 400-500 volts or 32-100Kw, depending on the electrical current) of direct current to vehicle batteries. • A revenue stream to pay for electricity, capital equipment, operation and maintenance. • Ability for drivers to pay for EV charging without the creation of an account or membership. • Ability for drivers to find charging stations via web enabled cell phones, using company app or website, • Ability to find charging stations through popular EV charging station mapping services such as PlugShare, ChargeHub, and the Alternatives Fuels Data Center's Station Locator. • Notification by SMS, text or email when charging is complete. • Authenticated access to eliminate energy theft. • Authorized emergencies for safety where the proposer should provide a detailed account of their system's safety measures; user instructions; user preventive safety measures; and user instructions in case of emergencies. • Remote monitoring and diagnostics for superior quality of service. • Real-time status of charging stations (in -use, off line, needs service, etc.) • Smart Grid integration for utility load management with future Vehicle -to -Grid (V2G) capabilities when feasible. • Green House Gas emissions savings calculations per vehicle. • Comply with Miami -Dade County/Miami Beach Building Codes and electrical codes. • Comply with the relevant regional or local standards for electrical connectors, such as SAE Surface Vehicle Recommended Practice J1772, SAE Electric Vehicle Conductive Charge Coupler. • Have network or internet addressable and be capable of participating in a demand -response program or time - of -use pricing to encourage off-peak charging. • Provide at a minimum, quarterly reports of data collected for each charging station location and made available through a secure web interface, available for download/export to Excel/CSV which includes at least: reliability, total time of charging, total number of charging sessions, total energy use in kWh, energy demand in kW, and total fees collected. The equipment/components can be listed by Underwriters Laboratories (UL) or any Nationally Recognized Testing Laboratory (NRTL) that meets the requirements of OSHA in 29CFR 1910.7 for the use of "Electric Vehicle Charging Stations". DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO MIAMI BEACH The City currently has charging stations located in the followinq facilities; Currerd Loccdiat of EV CIha4ng Skdion Quw*ty 1900 Bay Road 2 1301 Collins- 13"' Street Garage 2 4166 Royal Palm Ave- 42"d Street Garage 2 512 12* Street- 12,1 Street $ Drexel Avenue Garage 2 17S5 Meridian Avenue- City Fall Garage 2 64017* Street- 17* Street Garage 1701 Convention Center Drive- Convention Center Loading Do& 2 1701 Convention Center Drive- Convention Center 4* Floor Iid 1701 Convention Center Dnve- Convention Center 51" Floor '� A 22d 23' Street- Collins Park Garage IG 121340 23' St. S DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO MIAMI BEACH 5. ANTICIPATED RFQ TIMETABLE. The tentative schedule for this solicitation is as follows: RFQ Issued February 23, 2023 Pre -Proposal Meeting March 7, 2023 at 10:00 am ET Join on your computer or mobile app Click here to i;)ln tlw mectim Or call in (audio only) +1 786-636-1480 United States, Miami Phone Conference ID: 916 525 649# Deadline for Receipt of Questions March 27, 2023 at 5:00 pm ET Responses Due April 5, 2023 at 3:00 pm ET Join on your computer or mobile app Or call in (audio only) +1 786-636-1480 United States, Miami Phone Conference ID: 316 934 347# Evaluation Committee Review 1 BD Tentative Commission Approval TBD Contract Negotiations Following Commission Approval 6. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telepone Email. William Garviso 305 673-7490 WilliamGarvisoCilmiamibeachfl.00v The Proposal title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0100-5. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 7. PRE -PROPOSAL MEETING OR SITE VISIT(S). A pre -proposal meeting or site visit(s) may be scheduled. Attendance for the pre -proposal meeting shall be via web conference and recommended as a source of information but is not mandatory. Proposers interested in participating in the Pre -Proposal Meeting must follow these steps: Join on your computer or mobile app Or +1 786-636-1480 United States 525 549, wanner (nnf�rgnCe I D: 916 Proposers who are participating should send an e-mail to the contact person listed in this RFQ expressing their intent to participate. 8. PRE -PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre - submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO MIAMI BEACH clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through Periscope S2G. Any prospective proposer who has received this RFQ by any means other than through Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated RFQ Timetable section. 9. CONE OF SILENCE. This RFQ is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelg_ranadoomiamibeachfl.gov 10. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to require additional information from Proposers (or Proposer team members or sub -consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). 11. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 12. DETERMINATION OF AWARD. The City Manager may appoint an evaluation committee to assist in the evaluation of proposals received. The evaluation committee is advisory only to the city manager. The city manager may consider the information provided by the evaluation committee process and/or may utilize other information deemed relevant. The City Manager's recommendation need not be consistent with the information provided by the evaluation committee process and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1) The ability, capacity and skill of the Proposer to perform the contract. (2) Whether the Proposer can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer. (4) The quality of performance of previous contracts, (5) The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Manager may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 13. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO 'jffA ,kV ff _ , 14. E-VERIFY. As a contractor you are obligated to comply with the provisions of Section 448,095, Fla. Stat., "Employment Eligibility." Therefore, you shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 15. PERISCOPE S2G (FORMERLY BIDSYNC). The Procurement Department utilizes Periscope S2G, Supplier -to - Government electronic bidding (e-Bid) platform. If you would like to be notified of available competitive solicitations released by the City you must register and complete your vendor qualifications through Periscope S2G, Supplier -to - Government www.bidsync.com/Miami-Beach. Registration is easy and will only take a few minutes. For detailed instructions on how to register, complete vendor qualifications and submit electronic bids visit https://www.miamibeachfl.gov/city-halllprocuremenUfor-approval-how-to-become-a-vendor/. Should you have any questions regarding this system or registration, please visit the above link or contact Periscope S2G, Supplier -to -Government at support@bidsync,com or 800.990.9339, option 1, option 1. 16. HOW TO MANAGE OR CREATE A VENDOR PROFILE ON VENDOR SELF SERVICE NSS). In addition to registering with Periscope S2G, the City encourages vendors to register with our online Vendor Self- Service web page, allowing City vendors to easily update contacts, attachments (W-9), and commodity information. The Vendor Self -Service (VSS) webpage (https://selfservice.miamibeachfl.gov/vssNendors/default.aspx) will also provide you with purchase orders and payment information. Should you have any questions and/or comments, do not hesitate to submit them to vendorsupportPmiamibeachfl.gov 17. SUPPLIER DIVERSITY. In an effort to increase the number and diversity of supplier options in the procurement of goods and services, the City has established a registry of LGBT-owned businesses, as certified by the National LGBT Chamber of Commerce (NGLCC) and small and disadvantaged businesses, as certified by Miami -Dade County. See authorizing resolutions here. If your company is certified as an LGBT-owned business by NGLCC, or as a small or disadvantaged business by Miami -Dade County, click on the link below to be added to the City's supplier registry (Vendor Self -Service) and bid system (Periscope S2G, Supplier -to -Government). These are two different systems and it is important that you register for both. Click to see acceptable certification and to register: https://www.miamibeachfl.gov/city-hall/procuremenYhow-to- become-a-vendor/. Balance of Page Intentionally Left Blank DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO MIAMI BEACH SECTION 0200 GENERAL CONDITIONS FORMAL SOLICITATIONS TERMS & CONDITIONS - GOODS AND SERVICES. By virtue of submitting a proposal in response to this solicitation, proposer agrees to be bound by and in compliance with the Terms and Conditions for Services (version dated 10.27.2022), incorporated herein, which may be found at the following link: https://www.miamibeachfl. og v/city -hall/procurementlstandard-terms-and-conditions/ 0 Balance of Page Intentionally Left Blank DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO MIAMI BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. ELECTRONIC RESPONSES (ONLY). Proposals must be submitted electronically through Periscope S2G (formerly BidSync) on or before the date and time indicated. Hard copy proposals or proposals received through email or facsimile are not acceptable and will be rejected. A proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal until the deadline for proposal submittals. The City will only consider the latest version of the bid. , Electronic proposal submissions may require the uploading of attachments. All documents should be attached as separate files in accordance with the instructions included in Section 4, below. Attachments containing embedded documents or proprietary file extensions are prohibited. It is the Bidder's responsibility to assure that its bid, including all attachments, is uploaded successfully. Only proposal submittals received, and time stamped by Periscope S2G (formerly BidSync) prior to the proposal submittal deadline shall be accepted as timely submitted. Late bids cannot be submitted and will not be accepted. Bidders are cautioned to allow sufficient time for the submittal of bids and uploading of attachments. Any technical issues must be submitted to Periscope S2G (formerly BidSync) by contacting (800) 990-9339 (toll free) or SK@)periscopeholdings.com. The City cannot assist with technical issues regarding submittals and will in no way be responsible for delays caused by any technical or other issue. It is the sole responsibility of each Bidder to ensure its proposal is successfully submitted in BidSync prior to the deadline for proposal submittals. 2. NON -RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non - responsiveness. Non -responsive proposals will not be considered. 1. Bid Submittal Questionnaire (submitted electronically). 2. Failure to comply with the Minimum Eligibility Requirements (if applicable), 3.OMITTED OR ADDITIONAL INFORMATION, Failure to complete and submit the Bid Submittal Questionnaire (submitted electronically) with the bid and by the deadline for submittals shall render a proposal non- responsive. With the exception of the Bid Submittal Questionnaire (completed and submitted electronically), the City reserves the right to seek any omitted information/documentation or any additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. Failure to submit any omitted or additional information in accordance with the City's request shall result in proposal being deemed non -responsive. 4. ELECTRONIC PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the tabs, and sections as specified below. The electronic submittal should be tabbed as enumerated below and contain a table of contents with page references. The electronic proposal shall be submitted through the "Line Items" attachment tab in Periscope S2G. Cover Letter, Table of Contents, and Minimum Qualification Requirement DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO MIAMI BEACH 1.1 Cover Letter and Table of Contents. The table of contents should indicate the tabs, sections with tabs and page numbers to facilitate the evaluation committee's review. The cover letter must be signed by a principal or agent able to bind the firm. 1.2 Minimum Qualification Requirement. Bidder (defined as the Proposing Firm) shall have a minimum of three (3) year(s) experience providing self-service electric vehicle charging station services within the last five (5) years. Required Submittals: For each qualifying project, submit project name, project description, start and completion dates, project contact information (phone and email). and Qualifications 2.1 Organizational Chart: An organizational chart depicting the structure and lines of authority and communication for all firms, principals and personnel involved in the project. Include information that describes the intended structure regarding project management, accountability and compliance with the terms of the RFQ. 2.2 Relevant Experience of Prime Proposer: Summarize projects where the Proposer and/or its principals have provided services similar to those described herein. For each project provide the following: a. project name and scope of services provided; b. name of individuals that worked on the referenced project that have been included in Section 2.1 above. c. client; d. client project manager and contact information; e. costs of the services provided; and f. term of the engagement. 2.3 Relevant Experience of Sub-consultant(s)/Sub-contractor(s): Summarize projects where the Sub- consultant(s)/Sub-contractor(s) and/or its principals have provided services similar to those described herein, For each project provide the following: g. project name and scope of services provided; h. name of individuals that worked on the referenced project that have been included in Section 2.1 above, i. client; j. client project manager and contact information; k. costs of the services provided; and term of the engagement. and Submit detailed information on the approach and methodology that the Proposer and its team has utilized on previous engagements to accomplish a similar scope of work, including detailed information, as applicable, which addresses, but need not be limited to: • A revenue stream to pay for electricity, capital equipment, operation, and maintenance. • Ability for drivers to pay for EV charging without the creation of an account or membership. • Ability for drivers to find charging stations via web -enabled cell phones. • Ability to find charging stations through popular EV charging station mapping services such as PlugShare, ChargeHub, and the Alternatives Fuels Data Center's Station Locator. • Notification by SMS, text, or email when charging is complete. • Authenticated access to eliminate energy theft. • their system's safety measures; user instructions; user preventive safety measures; and user instructions in case of emergencies. • Remote monitoring and diagnostic for superior quality of service. • Real-time status of charging stations (in -use, offline, needs service, etc.) DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO MIAMI BEACH • Smart Grid integration for utility load management with future Vehicle -to -Grid (V2G) capabilities when feasible. • network or internet addressable and be capable of participating in a demand -response program or time -of - use pricing to encourage off-peak charging. • proposed business model(s) that are advantageous to the end users as well as the City and promote the use of electric vehicles. • reporting of data collected for each charging station location and made available through a secure web interface, available for download/export to Excel/CSV which includes at least: reliability, total time of charging, total number of charging sessions, total energy use in kWh, energy demand in kW, and total fees collected. • Sharing available funding/grant opportunities that the City may apply for in collaboration with Proposer. Balance of Page Intentionally Left Blank DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO SECTION 0400 PROPOSAL EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, may meet to evaluate each Proposal in accordance with the qualitative criteria set forth below. In doing so, the Evaluation Committee may review and score all proposals received, with or without conducting interview sessions. City staff will assign points for the quantitative criteria. It is important to note that the Evaluation Committee is advisory only and does not make an award recommendation to the City Manager or the City Commission. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. a. In the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFQ, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. b, The City, in its discretion, may utilize technical or other advisers to assist the evaluation committee in the evaluation of proposals. 2. Qualitative Criteria. Responsive proposals shall be evaluated by the Evaluation Committee in accordance with the following criteria. Experience and Qualifications Approach and Methodology 50 50 3. Quantitative Criteria. Following the results of the evaluation of the qualitative criteria by the Evaluation Committee, the Proposers may receive additional points, to be added by City staff, as follows. Veterans Preference DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO 4. Determination of Final Ranking. The sum of qualitative and quantitative scores will be converted to rankings in accordance with the example below: Qualitative Points 82 74 80 Committee Quantitative Points 10 5 0 Member 1 Total 92 79 80 Rank 1 3 2 Qualitative Points 82 85 72 Committee Quantitative Points 10 5 0 Member 2 Total 92 90 72 Rank 1 2 3 Qualitative Points 90 74 66 Committee Quantitative Points 10 5 0 Member 2 Total 100 79 66 Rank It is important to note that the results of the 1 Evaluation Committee 2 Drocess do not 3 represent an award recommendation. The City Manager will utilize the results of the committee process, as well as any other information he deems appropriate to develop his award recommendation to the City Commission, which may differ from the Evaluation Committee process ranking. Balance of Page Intentionally Left Blank DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO APPENDIX A MIAMI BEACH Special Conditions Request for Qualifications (RFQ) 2023-043-WG ELECTRIC VEHICLE CHARGING STATIONS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO TERM OF CONTRACT. The term of the Agreement resulting from this RFP shall be for an initial term of seven(7) years. 2. OPTION TO RENEW. The City, through its City Manager, will have the option to extend for one (1) additional two-year period at the City's sole discretion. The successful contractor shall maintain, for the entirety of any renewal period, the same revenue share, terms, and conditions included within the originally awarded contract. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative, and not a right of the successful contractor. 3. ADDITIONAL SERVICES. Services not specifically identified in this request may be added to, or deleted from, any resultant contract upon successful negotiations and mutual consent of the contracting parties, and approval by the City Manager. 4. PROTECTION OF PROPERTY. The successful contractor will at all times guard against damage to or loss of property belonging to the City of Miami Beach. It is the responsibility of the successful contractor to replace or repair any property lost or damaged by any of its employees. The City of Miami Beach may withhold payment or make such deductions as it might deem necessary to ensure reimbursement for loss or damage to property through negligence of the successful contractor, its employees or agents. 5. LICENSES, PERMITS AND FEES. The contractor shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. Damages, penalties and or fines imposed on the City or the contractor for failure to obtain required licenses, permits or fines shall be borne by the contractor. 6. EXAMINATION OF SITE RECOMMENDED. Prior to submitting its offer, it is advisable that the contractor visit the site of the proposed locations and become familiar with any conditions which may in any manner affect the work to be done or affect the equipment, materials and or labor required. The contractor is also advised to examine carefully the specifications and become thoroughly aware regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. 7. NEGOTIATIONS. Upon approval of selection by the City Commission, negotiations between the City and the selected Consultant will take place to arrive at a mutually acceptable Agreement, including final scope of services, deliverables and cost of services, 8. COMPETITIVE SPECIFICATIONS. It is the goal of the City to maximize competition for the project among suppliers & contractors, Consultant shall endeavor to prepare all documents, plans & specifications that are in accordance with this goal, Under no condition shall Consultant include means & methods or product specifications that are considered "sole source" or restricted without prior written approval of the City. DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO CHANGE OF PROJECT MANAGER. A change in the Consultant's project manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who in this case shall be an Assistant City Manager). Replacement (including reassignment) of an approved project manager or public information officer shall not be made without submitting a resume for the replacement staff person and receiving prior written approval of the City Manager or his designee (i.e. the City project manager). 10. Sub -Consultants. The Consultant shall not retain, add, or replace any sub -consultant without the prior written approval of the City Manager or his designee (who in this case shall be an Assistant City Manager), in response to a written request from the Consultant stating the reasons for any proposed substitution. Any approval of a sub -consultant by the City Manager shall not in any way shift the responsibility for the quality and acceptability by the City of the services performed by the sub -consultant from the Consultant to the City, The quality of services and acceptability to the City of the services performed by sub -consultants shall be the sole responsibility of the Consultant. DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO APPENDIX B MIAMI BEA., i Insurance Requirements Request for Qualifications (RFQ) 2023-043-WG ELECTRIC VEHICLE CHARGING STATIONS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO INSURANCE REQUIREMENTS The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the contract. A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should the Vendor be exempt from this Statute, the Vendor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt Vendor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non -owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage. D. Umbrella Liability Insurance in an amount no less than $5,000,000 per occurrence. The umbrella coverage must be as broad as the primary General Liability coverage. Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. Waiver of Subrogation — Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida, Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: City of Miami Beach c/o Exigis Insurance Compliant Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeachgriskworks.com Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO ATTACHMENT C SUNBIZ & PROPOSAL RESPONSE TO ITB DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Div ISION OF CORPORATIONS UIY1,7JfJt i U% jwtw.org rr as of rid Zwe yl Florida irvbrier Department of State / Division of Corporations / Search Records I Search by Enti Name / Detail by Entity Name Foreign Limited Liability Company BLINK NETWORK LLC Filing Information Document Number M14000000970 FEI/EIN Number 61-1723965 Date Filed 02/11/2014 State AZ Status ACTIVE Last Event REINSTATEMENT Event Date Filed 02/02/2018 Principal Address 605 LINCOLN RD 5th Floor MIAMI BEACH, FL 33139 Changed: 01/25/2022 Mailing Address 605 LINCOLN RD 5th Floor MIAMI BEACH, FL 33139 Changed: 01/25/2022 Registered Agent Name & Address Hillo, Aviv, Esq. 605 LINCOLN RD 5th Floor MIAMI BEACH. FL 33139 Name Changed: 02/11/2019 Address Changed: 01/25/2022 Authorized Person(s) Detail Name & Address Title MGR DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Blink Charging Inc. 605 LINCOLN RD 5th Floor MIAMI BEACH, FL 33139 Annual Reports Report Year Filed Date 2021 02/03/2021 2022 01 /25/2022 2023 04/28/2023 Document Images 04/28/2023 -- ANNUAL REPORT 01/25/2022 — ANNUAL REPORT 02/03/2021 —ANNUAL REPORT 03/19/2020 —ANNUAL REPORT 02/11/2019 --ANNUAL REPORT 02/02/2018 -- REINSTATEMENT 05/02/2016 — CORLCRACHG View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 04/30/2016 --ANNUAL REPORT View image in PDF format 04/28/2015 — ANNUAL REPORT View image in PDF format 02/11/2014 — Foreign Limited View image in PDF format Florida Department of State, Division of Corporations DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO BID SUBMITTAL QUESTIONNAIRE SECTION 1 — BID CERTIFICATION FORM This document is a REQUIRED FORM that must be submitted fully completed and submitted. Solicitation No: Solicitation Title: BID NUMBER I PROJECT TITLE BIDDER'S NAME: Blink Network LLC NO. OF YEARS IN BUSINESS. 14 NO. OF YEARS IN BUSINESS LOCALLY: 14 NO. OF EMPLOYEES. 628 OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS Blink Charging BIDDER PRIMARY ADDRESS (HEADQUARTERS). 605 Lincoln Road 5th Floor CITY: Miami Beach STATE: FL ZIP CODE. 33139 TELEPHONE NO 305-521-0200 TOLL FREE NO. none FAX NO 305-521-0200 BIDDER LOCAL ADDRESS-. 605 Lincoln Road 5th Floor CITY: Miami Beach STATE. FL ZIP CODE: 33139 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT. Nihusa oil ACCOUNT REP TELEPHONE NO 3054974440 ACCOUNT REP TOLL FREE NO none ACCOUNT REP EMAIL: ndlaa@blinkcharging.com FEDERAL TAX IDENTIFICATION NO.: 611723965 By virtue of submitting a bid, bidder agrees: a) to complete and unconditional acceptance of the terms and conditions of this document and the solicitation, including all addendums specifications, attachments, exhibits, appendices and any other document referenced in the solicitation c) that the bidder has not divulged, discussed, or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid; d) that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; e) if bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the bid pertains; and f) that all responses, data and information contained in the bid submittal are true and accurate. The individual named below affirms that s/he: is a principal of the applicant duly authorized to execute this questionnaire, and that the contents of said document(s) are complete, true, and correct to the best of his/her knowledge and belief. Name and Title of Bidder's Authorized Signature of Bidder's Authorized Representative: Representative: Nihusa Dias Nihusa Dias DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO SECTION 2 - ACKNOWLEDGEMENT OF ADDENDUM After issuance of solicitation, the City may release one or more addendum to the solicitation, which may provide additional information to bidders or alter solicitation requirements. The City will strive to reach every bidder having received solicitation through the City's e-procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial to Confirm Receipt Enter Initial to Confirm Receipt Enter Initial to Confirm Receipt ND Addendum 1 Addendum 6 Addendum 11 ND Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, submit under separate cover. IRFrTION 3 - CONFLICT OF INTEREST All bidders must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all bidders must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the bidder entity or any of its affiliates. BAST NAME RELATI+Dt'," 1 None 2 3 4 5 6 SECTION 4 - FINANCIAL CAPACITY At time of request by the City, bidder shall request that Dun & Bradstreet submit its Supplier ualifier Report directly to the City, with bid or within three Q) days of request Bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the City. No proposal will be considered without receipt (when requested), by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the bidder. The bidder shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/serviet/SupplierPortal? storeld=11696 Bidders are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each bidder review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO SECTION 5 - REFERENCES AND PAST PERFORMANCE Project No. BID NUMBER Project Title PROJECT TITLE Bidder shall submit at least three (3) references for whom the bidder has completed work similar in size and nature as the work referenced in solicitation. Bidder may submit additional references as part of its bids submittal. Reference No.1 Firm Name: Lehigh Valley Health Network Contact Individual Name and Title: Katherine Velekei, Senior Sustainability Specialist Address: 1200 S Cedar Crest Blvd, Allentown, PA 18103 Telephone: 610 969-4292 Contact's Email: N/A Narrative on Scope of Services Provided, Project Budget, and Project Dates: Installation of IQ200s EVSEs Smart and Advanced / Ongoing since October of 2020 Reference No.2 Firm Name: City of Phoenix, Arizona Contact Individual Name and Title: Karen Apple, Electric Vehicle Program Manager Address: Phoenix Arizona Telephone: 602-214-6824 Contact's Email: karen.apple@phoenix.gov Narrative on Scope of Services Provided, Project Budget, and Project Dates: 22 ports installed at multiple City facilities throughout the Phoenix area. Currently upgrading to IQ-200s. DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Reference No.3 Firm Name: CarMax Contact Individual Name and Title: Mohammed Siddiqui Address: Nation wide Telephone: N/A Contact's Email: (804) 747-0422 Ext: 6231 Narrative on Scope of Services Provided, Project Budget, and Project Dates: Between 1-2 charging station per site across 412 locations qP 'TION 6 - SUSPENSION, DEBARMENT, OR CONTOAf T CANCELLATIO'll Has bidder ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? YES NO If answer to above is "YES," bidder shall submit a statement detailing the reasons that led to action(s): SECTION 7 - SMALL AND DISADVANTAGED BUSINESS CERTIFICATION Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged Businesses, as certified by Miami -Dade County that have been certified as Small or Disadvantaged Business by Miami -Dade County. Does bidder possess Small or Disadvantaged Business certification by Miami -Dade County? YES p� NO ACTION 8 - -T BUSIV_ -.'NTEP 7E CER' -'CATION Pursuant to Resolution 2020-31342, the City is tracking the utilization of LGBT owned firms that have been certified as an LGBT Business Enterprise by the National Gay and Lesbian Chamber of Commerce (NGLCC). Does bidder possess LGBT Business Enterprise Certification by the NGLCC? YES NO DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO SECTION 9 - BYRD ANTI -LOBBYING AMENDMENT CERTIFICATION APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned Contractor certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. By virtue of submitting bid, bidder certifies or affirms its compliance with the Byrd Anti -Lobbying Amendment Certification. Name and Title of Bidder's Authorized Signature of Bidder 's Authorized Representative: Representative: Brendan Jones Brendan Jones SECT"iUN 10 - SU51'it:N3i0iVi ANu uEi:iAKfvit:N i C:ERTIFiuATION The Contractor acknowledges that: (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO (3) This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Name and Title of Bidder's Authorized Signature of Bidder's Authorized Representative: Representative: Brendan Jones Brendan Jones SECTION 11 — CONE OF SILENCF Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at https://Iibrary.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV4PR S2-486COS1 Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov . By virtue of submitting bid, bidder certifies that it is in compliance with the Cone of Silence Ordinance, pursuant to Section 2-486 of the City Code. SECTION i,t - t:Oh,-_. OF BUSINESS E I Hai::; Pursuant to City Resolution No.2000-23789, the Bidder shall adopt a Code of Business Ethics prior to executing a contract with the City. The Code of Business Ethics shall be submitted to the Procurement Department with its response or within three (3) days of request by the City. The Code shall, at a minimum, require the Bidder, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. In lieu of submitting Code of Business Ethics, bidder may indicate that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at httr)://www.miamibeachfl.gQy/city- hall/ -rocurement/procurement-related-ordinance-and-procedures/ Bidder will submit firm's Code of Business Ethics within three (3) days of request by the City? YES 0 NO Bidder adopts the City of Miami Beach Code of Business Ethics? DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Q� YES Q� NO SECTION 13 - LOBBYIST REGISTRATION & CAMPAIGN CONTRIBUTION REQUIREMENTS This solicitation is subject to, and all bidders are expected to be or become familiar with, all City lobbyist laws, including lobbyist registration requirements and prohibition on campaign contributions, including: • Lobbyist Registration Requirements sections 2-397 through 2-485.3 of City Code (https://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV3LO) • Campaign Contribution Requirements sections 2-487 and 2-488 of City Code (https://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV5CAFIRE) By virtue of submitting bid, bidder certifies or affirms that they have read and understand the above Lobbyist Registration & Campaign Contribution Requirements. SECTION 14 - NON-DISCRIMINATION The Non -Discrimination ordinance is available at: https://Iibrary.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2-375NSCCOREWA By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. SECTION 15 — FAIR CHANCE REQUIREMENT The Fair Chance Ordinance No. 2016-4012 is available at: https://library.municode.com/fl/miami_beach/codes/code of ordinances? nodeld=SPAGEOR CH62HURE ARTVFACHOR By virtue of submitting bid, bidder certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Bidder agrees to provide the City with supporting documentation evidencing its compliance upon request. Bidder further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. SECT'ON 1(1 PUBLIC ENTITY CRIMES Please refer to Section 287.133(2)(a), Florida Statutes, available at: https://www.flsenate.gov/Laws/Statutes/2012/287.133 By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. SECTION 17 — VETERAN BUSINESS ENTERPRISES PREFERFNrF Pursuant to City of Miami Beach Ordinance No. 2011- 3748, https://Iibrary.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2- 374PRPRPRVECOGOCOSE the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service -disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO veteran(s) or a service -disabled veteran business enterprise constitute the lowest bid pursuant to an ITB, RFP, RFQ, ITN or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service -disabled veteran business enterprise. DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Is the bidder a service -disabled veteran business enterprise certified by the State of Florida? YES NO Is the bidder a service -disabled veteran business enterprise certified by the United States Federal Government? 0 YES p� NO SECTION 18 - EQUAL BENEFITS FOR EMPLOYEES WITH SPOUSES AND EMPLOYEES WITH DOMESTIC PARTNERS When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. Does bidder provide or offer access to any benefits to employees with spouses or to spouses of employees? YES [) NO Does bidder provide or offer access to any benefits to employees with (same or opposite sex) domestic partners or to domestic partners of employees? YES 0 NO Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. Bidder Provides for Bidder Provides for Bidder does not BENEFIT Employees with Employees with Provide Benefit Spouses Domestic Partners Health X X Sick Leave PTO for FLA (EE Only) Family Medical Leave X (EE Only) Bereavement Leave X If Bidders cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and- procedures/ SECTION 19 - MORATORIUM ON TRAVEL TO AND THE PURCHASE OF GOOn; FROM MISSISSIPPI Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in Mississippi? YES NO If yes, explain. DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO MIAMI BEACH Request for Qualifications Electric Vehicle Charging Stations Submitted by: Blink Network, LLC b1hk Submitted to: City of Miami Beach 605 Lincoln Road, 5" Floor (305) 521-0200 Miami Beach, FL 33139 BlinkCharging.com Charge 0 n ! Nasdaq:BLNK DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF76FAFF0 b1hk Page 2 1.1 Cover Letter and Table of Contents. (Attachment A) The table of contents should indicate the tabs, sections with tabs and page numbers to facilitate the evaluation committee's review. The cover letter must be signed by a principal or agent able to bind the firm. Dear Mr. Garviso, Blink Network, LLC (Blink Charging) is pleased to submit its response to the City of Miami Beach's (Miami Beach) RFQ for electric vehicle (EV) Charging Stations. For the past 14 years, Blink has been the only Miami Beach based EV charging company dedicated to slowing climate change by reducing transportation - related greenhouse gas emissions. As we deploy our products, network, and services we continue to grow the EV industry. We accelerate adoption of EVs by both deploying and operating EV charging infrastructure nationwide and globally. We are continuously developing the newest future proof technology and expanding our services in multiple countries and with larger fleet carriers. We're excited to highlight our recent contract awards with the United States Postal Service where Blink will provide up to 41,500 EV charging units for their fleet operations, and U.S. General Services Administration (GSA). The GSA contract will allow government customers and federal agencies to easily purchase Blink EV equipment and services through the GSA Schedule for their EV charging needs. Blink, a company native to Miami Beach, is proud to partner with the city's already successful, sustainability venture and to reinvest in our community. Being a local source of EV charging solutions for Miami Beach means upscale maintenance and operations, and speedy response times. Our headquarters, located at the heart of the city, reflects our commitment to onboording and developing local community members into Blink careers. We currently have 46 Miami -based employees, and that number continues to grow. Blink lives, works, and plays in Miami Beach; no one understands this city better than Blink, nor can anyone offer better support. We consistently focus on building EV charging infrastructure in our home state of Florida. Blink is currently building Direct Current (DC) charging stations along Florida's major corridors and creating a solution that integrates battery and solar components. We have also partnered with FPL on its EV charging programs. In 2016, Blink's response to Miami Beach's RFP for EV charging stations resulted in a 7-year agreement. With the installation of Blink's first EV charging stations under that agreement, EV charging use in Miami Beach parking locations increased from $233 to $4818 year-to-date, 2022. This is an increase of almost 1,750% in a short, 7-year term. The success of our partnership has resulted in the current cadre of 48, Level 2 EV charging stations installed on 8 properties throughout Miami Beach, a number that Blink wants to expand upon. 605 Lincoln Road, 5T" Floor (305) 521-0200 Miami Beach, FL 33139 BlinkCharging.com Charge On! Nasdaq:BLNK DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO b1hk Page 3 As Blink looks toward a future with Miami Beach, we see the history of a successful partnership with its current charging stations and their sustained growth. Blink knows that EV adoption is slated to grow exponentially in the next 5 to 10 years. Therefore, our proposed renewal solution will benefit both Blink and Miami Beach by creating a city that is truly committed to sustainable energy. If the city of Miami Beach wanted to pursue a direct purchase for their growing ev infrastructure needs, Blink does have a Sourcewell contract (042221- SEM) that lists our entire product line, level two and DCFC options that fit the scope of this proposal, in addition to a long usage history of the Sourcewell contract dating back to 2014. The entire Blink team is dedicated to efficient, local sustainability, and it is our desire to continue and expand upon Blink's valuable partnership with Miami Beach. Brendan Jones President 605 Lincoln Road, 5T" Floor (305) 521-0200 Miami Beach, FL 33139 BlinkCharging.com Charge On! Nasdaq:BLNK DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO b1hk Page 4 Contents 1.1 Cover Letter and Table of Contents ................................................... 2-4 (Blink Attachment A) 1.2 Minimum Qualification Requirement .................................................. 5(Blink Attachment A) Tab 2: Experience and Qualifications......................................................6( Blink Attachment B) 2.2 Relevant Experience of Prime Proposer: .............................................. 6( Blink Attachment B) 2.3 Relevant Experience of Sub-consultant(s)/Sub-contractor(s):...................8(Blink Attachment B) Tab 3: Approach and Methodology...................................................... 10(Blink Attachment C) 605 Lincoln Road, 5T" Floor (305) 521-0200 Miami Beach, FL 33139 BlinkCharging.com Charge On! Nasdaq:BLNK DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO b1hk Page 5 1.2 Minimum Qualification Requirement (Attachment A) Founded in 2009, Blink Network, LLC (dba Blink Charging) is a Miami Beach based, publicly traded EV charging company. Blink is an EVSE leader whose vertical integration creates unparalleled opportunities for Blink to control its supply chain and accelerate its go -to market speed while reducing operating costs. Complete Blink vertical integration includes research and development, manufacturing, EV charger deployment and installation, charger ownership, operations and maintenance, and the Blink Network which provide 24/7/365 customer service and support. We are the second largest EV charging company in the US with over 500 staff worldwide. Blink chargers are found in 25 countries across the globe in numerous locations including airports, retail, healthcare facilities, multi -family residential communities, parks and recreation areas, transportation hubs, and more. Blink has sold, deployed, or installed over 66,000 chargers worldwide with over 500,000 users on the Blink Networks. Blink has manufacturing capabilities in the US, India, and Taiwan. Our most recent global expansion to seven offices in five countries includes Blink Charging Mexico. GLOBAL MANUFACTURING United States India Taiwan Poland 0 0 GLOBAL NETWORK 6 Languages 19 Currencies ,1 25 Countries GLOBAL PORTFOLIO Common Design Blink Branded Flexible & Locally Adoptable Our project portfolio is far and wide. Highlights of related projects continue in the Experience and Qualifications section. 605 Lincoln Road, 5T" Floor (305) 521-0200 Miami Beach, FL 33139 BlinkCkarging.com Charge On! Nasdaq:BLNK DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO b1hk Page 6 Tab 2: Experience and Qualifications (Attachment B) 2.1 Organizational Chart: An organizational chart depicting the structure and lines of authority and communication for all firms, principals and personnel involved in the project. Include information that describes the intended structure regarding project management, accountability, and compliance with the terms of the RFQ. 2.2 Relevant Experience of Prime Proposer Summarize projects where the Proposer and/or its principals have provided services similar to those described herein. For each project provide the following: a. project name and scope of services provided; b. name of individuals that worked on the referenced project that have been included in Section 2.1 above. c. client: d. client project manager and contact information; e. costs of the services provided; and f. term of the engagement. Blink presents a diverse product line-up that boasts the most advanced equipment in the industry, and we offer a wide range of reliable and efficient, innovative charging solutions and business models for every situation, including commercial fleet vehicles. Our chargers surpass market performance measures, delivering faster charge times and more miles gained per hour of charging. Beyond Blink's industry -leading equipment and comprehensive network of public charging stations, 605 Lincoln Road, 5" Floor (305) 521-0200 Miami Beach, FL 33139 BlinkCharging.com Charge 0 n ! Nasdaq:BLNK DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO and cable retractor options. b1hk Page 7 lies a mission to slow climate change by reducing greenhouse gas emissions caused by fossil fuel -powered transportation. Blink offers different EV charging station solutions designed for different use cases such as our IQ200 for Commercial locations, MQ200 for Fleet or Multi- family locations, DCFC charging stations for high-speed charging sessions each with curbside, pole mount, wall mount, pedestal mounted, video display screen, Our specification sheets are attached. The projects below outline Blink's versatile and diverse range in managing and deploying EV charging stations (in addition to our stations already deployed in Miami Beach). There are endless opportunities for collaboration between Miami Beach and Blink, a recent example can be seen through the Mercedes Benz initiative to use the Miami Beach fleet of chargers during the Florida Grand Prix. Hiahliahted Proiects 1. Lehigh Valley Health Network Contact Name: Katherine Velekei, Senior Sustainability Specialist Phone Number: 610 969-4292 Address: 1200 S Cedar Crest Blvd, Allentown, PA 18103 Scope of Work: Installation of IQ200s EVSEs Smart and Advanced / October of 2020 2. University of San Diego Contact Name: Emma Rojas-Liseski, Assistant Director, Office of Parking Services Phone Number: 619-260-7587 Scope of Work: 5-year agreement for the installation of 30 L2 Charging Stations / April of 2020 3. City of Phoenix, Arizona Contact Name: Karen Apple, Electric Vehicle Program Manager Phone Number: (602) 214-6824 Email: karen.apple@phoenix.gov Scope of Project: 22 ports installed at multiple City facilities throughout the Phoenix area. Currently upgrading to IQ-200s. 4. CarMax 605 Lincoln Road, 5" Floor (305) 521-0200 Miami Beach, FL 33139 BlinkCharging.com Charge On! Nasdaq:BLNK DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO b1hk Page 8 Contact Name: Mohammed Siddiqui Phone Number: (804) 747-0422 Ext: 6231 Scope of Project: Between 1-2 charging station per site across 412 locations 5. AJH Management Contact Name: Joseph Klein, Regional Manager Phone Number: 732.397.91 15 x333 Address: 101 Chase Ave., 4th Floor, Lakewood, NJ 08701 Email: jklein@ajhco.com Scope of Project: 44 charging stations across multiple properties with AJH Management in CT 6. City of San Diego, California Contact: Colin Santulli Phone: (301) 788-0377 Email: csantulli@sandiego.aov Project Scope: Blink installed 20+ ports at multiple locations throughout San Diego, CA in 2014. 7. City of Coronado, California Contact: Jacqueline Lu 0: (619) 522-7314 M: (619) 913-9281 Email: jIu@coronado.ca.us Scope of Project: Blink installed 5 Level 2 charging ports distributed between Coronado City Hall and a City parking facility. We recently completed the process of exchanging the originally installed Level 2 hardware for our state-of-the-art IQ200 charging station. Blink provided hardware and network services and partnered with a supplier. Cost and project timelines vary. The projects above represent a combination of the spectrum of flexibility we offer our host partners. Blink can provide solutions for those who are seeking to purchase equipment, for those looking for revenue sharing and for those who seek a turnkey solution. Blink can evaluate each project and propose a plan that is tailored to the needs of each client and location. 2.3 Relevant Experience of Sub-consultants)/Sub-contractors) Summarize projects where the Subconsultant(s)/Sub-contractors) and/or its principals have provided services like those described herein. For each project provide the following: g. project name and scope of services provided; h. name of individuals that worked on the referenced project that have been included in Section 2.1 above. i. client: j. client project manager and contact information; k. costs of the services provided; and term of the engagement. Blink uses a variety of subcontractors depending on project scope but constantly adheres to the highest quality standards (see above for specific project information). Blink has multiple operating departments for potential redundancies in projects and timelines. In the event Blink needs additional resources, there is a capable team with the skillset to run and deploy multiple projects; our team can discern which projects require immediate priority versus those that can wait. 605 Lincoln Road, 51" Floor (305) 521-0200 Miami Beach, FL 33139 BlinkCharging.com Charge On! Nasdaq:BLNK DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO b1hk Page 9 Internally, processes include meetings, discussion of implementation timelines and follow up with appropriate parties involved in a project. Clients are aware of every step of the process, ensuring that deliverables and goals are met in a timely manner. Internal communication and team structures allow for regular review and clarification of processes and procedures, minimizing errors and risks. For every project, leadership supervises and provides guidance for any potential issues that can occur while also acting as a point of contact for all clients. All subcontractors are required to sign a service provider agreement including a service level agreement that establishes minimum levels of acceptable services expected from our subcontractors. Within the agreement there are service order priority status' outlined and a definition for each: • "Critical" is defined as an assignment where the equipment is broken, malfunctioning or faulty, and such break, malfunction or fault creating a risk to inflict harm and/or damage on any person and/or has a potential to inflict damage to property assessed in $5000 or more. • "High" is defined as an assignment where the equipment is broken, malfunctioning or faulty, and such break, malfunction or fault creating a negative impact on the equipment and/or the Client's business. • "Medium" is defined as an assignment in which installations, upgrade or removal of equipment is needed, or in case the equipment needs repairs. • "Low" is defined as an assignment that has minimal impact on the equipment and/or the Client's business. All subcontractors under Blink Charging Co are held to the same standards as those employed with the company. Blink can provide a list of subcontractors as needed for this project. Please note that Blink utilized subcontractors for the projects highlighted above. 605 Lincoln Road, 5' Floor (305) 521-0200 Charge 0 n ! Miami Beach, FL 33139 BlinkCharging.com Nasdaq:BLNK DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO b1hok MAXIMUM POWER 360 kW OUTPUT VOLTAGE 150-1000VDC MAX OUTPUT CURRENT Up to 500A INPUT VOLTAGE FREQUENCY 480V (3P N + PE) 60 Hz INPUT CURRENT)) BREAKER RATING 480A ( 1600A POWER FACTOR > 0.98 EFFICIENCY >94% at nominal output power CONNECTORS CCSland CCS1 ,CCSland CHAdeMO CYCLIC MODE CCS2-200 A I I GB/T 250A 500A Liquid Cooled 125A (Standard) Or 200A 2 x 180kW ( Max: 400A) 150 kW per Port CCS CABLE CHADEMO CABLE PARALLEL MODE PARALLEL CHARGE MODE (OPTIONAL) CHARGING PROTOCOL STANDARDS Mode 4, IEC 61851,15015118,DIN 70121 4, CHAdeMO 0.9,1.0 Mode CONNECTOR CABLE LENGTH CCS 13 R (4 m) I CHAdeMO 164 (5 m) WEIGHT 992 Ibs (450 kg) DIMENSIONS (L X D X H) 41 " x 35.5" x 90" INSULATION (INPUT-OUTPUT) >2.5 kV INGRESS PROTECTION NEMA 3S, IK10 ALTITUDE <6,6004 (2,000m) OPERATING TEMPERATURE -30°C to 550C 221F to 131 IF WORKING (( STORAGE HUMIDITY S 95% RH (( 5 99% RH (Non -condensing) DISPLAY 10" with touch screen COMMUNICATION PROTOCOL OCPP 1.6.1 RFID: ISO/IEC 14443A/B Credit Card Optional -71 ACCESS CONTROL POWER ELECTRONICS COOLING Air Cooling REGULATORY COMPLIANCE CE EMC: EN 61000-6-1:2007, EN 61000-6 3:2007/A1:2011 /AC:2012 COMMUNICATION ELECTRICAL SAFETY: GFCI ELECTRICAL SAFETY: SURGE PROTECTION Ethernet -Standard, 4G/Wi Fi Optional RCD 220 mA Type A 20 kA ELECTRICAL SAFETY GENERAL 4 ELECTRICAL SAFETY: OUTPUT SHORT `The product image shown is for illustration purposes only and may not be an exact representation of the product. BlinkCharging.com • (888) 998.2546 ELECTRICAL SAFETY TEMPERATURE EMERGENCY STOP Over Voltage, Under Voltage, Over Current, Missing Ground Output power disabled when output is short circuited m 0 Temperature Sensors @ Charge Coupler and Power Electronics r Emergency Stop Button Disables Output Power 8 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO 811 the product image shown is for illustration purposes onl, and may not be an exact representation of the product BlinkCharging.com • (888) 998.2546 b1hok MAXIMUM POWER 180 kW OUTPUT VOLTAGE 150 — 1000 VDC MAX OUTPUT CURRENT up to 200A up to 500A INPUT VOLTAGE FREQUENCY 480V (3P + N + PE) 60 Hz INPUT CURRENT BREAKER RATING 240A 300A POWER FACTOR >0.98 EFFICIENCY >94% CONNECTOR OPTIONS CCS1 and CCS1 CCS1 and CCS1 CCS CABLE 200A' 500A Liquid Cooled 'Optional 300A cable variant available CYCLE MODE 1 x 180kW (Max: 200A•) 1 x 180kW (Max: 450A) PARALLEL MODE 2 x 90kW (Max: 200A') 2 x 90kW (Max: 250A) CONNECTOR CABLE LENGTH CCS1 13 R (4 m) WEIGHT 880 Ibs (400 kg) 950 Ibs (430 kg) DIMENSIONS (L X D X H) 29.5" x 26.5" x 73" 41.38" x 37.4" x 86.3" CHARGING PROTOCOL STANDARDS Mode 4, IEC-61851, ISO-15118, DIN 70121 Mode 4 INSULATION (INPUT —OUTPUT) >2.5 kV INGRESS PROTECTION NEMA 3S, I1<10 OPERATING TEMPERATURE -22 deg F to 131 deg F (-30 deg C to 55 deg C) ALTITUDE < 6600R (2000m) WORKING ) STORAGE HUMIDITY < 95% RH 5 99% RH (Non -condensing) DISPLAY 10" touch screen COMMUNICATION PROTOCOL OCPP 1.6.1 ACCESS CONTROL RFID: ISO/IEC 14443A/B I Credit Card Optional POWER ELECTRONICS COOLING Air Cooled REGULATORY COMPLIANCE UL-2202 EMC: EN 61000-6-1:2007,EN 61000-6- 3:2007/A1:201 1 /AC:2012 COMMUNICATION Ethernet, 4G/Wi-Fi ELECTRICAL SAFETY: GFCI RCD 20 mA Type A ELECTRICAL SAFETY: SURGE PROTECTION 20 kA ELECTRICAL SAFETY GENERAL Over Voltage, Under Voltage, Over Current, Missing Ground ELECTRICAL SAFETY: OUTPUT SHORT Output power disabled when output is short circuited ELECTRICAL SAFETY TEMPERATURE Temperature Sensors @ Charge Coupler and Power Electronics EMERGENCY STOP Disables output power with emergency stop button DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Ul •The product image shown is for illustration purposes only and may not be an exact representation of the product. BlinkCharging.com • (888) 998.2546 bl'n*k MAXIMUM POWER 240 kW INPUT VOLTAGE FREQUENCY 480V (3P + N + PE) 60 Hz INPUT CURRENT BREAKER RATING 320A I ( 400A OUTPUT VOLTAGE 150-1000VDC MAX OUTPUT CURRENT Up to 500A Up to 300A POWER FACTOR > 0.98 EFFICIENCY >94% at nominal output power CCS1 and CCSI CONNECTORS 500A Liquid Cooled 300A Cooled CCS CABLE 2 x 120kW (Max: 250A) PARALLEL MODE CYCLIC MODE 1 x 240kW (Max: 1 x 240kW (Max: SODA) 300A) Mode 4 - IEC-61851, I50-151 18, DIN 70121 CHARING STANDARD - 1 WEIGHT 430 kg CONNECTOR CABLE LENGTH 5m INSULATION (INPUT-OUTPUT) >2.5 kV DIMENSIONS (L X D X H) 760 mm x 673 mm x 1800mm OPERATING TEMPERATURE - 22 F to 131 F (-30 C to 55 C ) INGRESS PROTECTION IP 54 11 IK10 WORKING STORAGE HUMIDITY 5 95% RH 5 99% RH (Non -condensing) ALTITUDE < 2000m COMMUNICATION PROTOCOL OCPP 1.6.1 DISPLAY 10" with touch screen POWER ELECTRONICS COOLING Air Cooled ACCESS CONTROL RFID: ISO/IEC 14443A/B Credit Card Reader COMMUNICATION Ethernet -Standard, 4G/Wi Fi REGULATORY COMPLIANCE UL-2202 I ( EMC: EN 61000-6-1:2007, EN 61000-6-3:2007/A1:201 1 /AC:2012 ELECTRICAL SAFETY SURGE 20 kA PROTECTION ELECTRICAL SAFETY: GFCI RCD 20 mA Type A Output power disabled when output is short ELECTRICAL SAFETY: OUTPUT SHORT circuited Over Voltage, Under Voltage, Over Current, ELECTRICAL SAFETY GENERAL Missing Ground Temperature Sensors @ Charge Coupler and ELECTRICAL SAFETY TEMPERATURE I Power Electronics EMERGENCY STOP Emergency Stop Button Disables Output Power In Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO CJ '1[)[� 1i lksi DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Blink IQ 200 The Blink 10 200 Product Family is a collection of Level 2 AC Electric Vehicle (EV) charging stations. The products offer a modern and stylish appearance, the versatility of multiple charging current options, the ability to be installed in wall -mounted and pedestal -mounted configurations, and a peer -to -peer communications architecture which provides the ability to support a single primary charging station and multiple secondary charging stations. FEATURES Blink IQ 200 Unique Design • Future -proof design supports charging currents from 12A to 80A • Intuitive charge connector holster provides protection and storage • Multi -colored high visibility illuminator indicates charging station's status • Convenient cable management design supports a long reach and storage between uses • Height design conforms with ADA requirements • Fee options include time -based, kWh -based, or session -based billing functionality • Payment methods: RFID, Apple Pay, Google Wallet, and all major credit cards • Pedestal accessories include single, dual, and triple port options • OCPP support • Updated 23ft. cable with an ergonomic design • Button locking mechanism prevents accidental disconnection Touch Screen • Daylight readable 7" color LCD with touch screen and 800 x 480 resolution • Convenient, user-friendly user interface • Displays charging station status and transaction details • Pre -loaded with the Blink commercial user interface Type 2 Charger Connector • SAE J1772 Charge Connector (Standard in the United States) • Grounded pole — first to make contact, last to break contact • Designed for more than 10,000 cycles • Can withstand being driven over by a vehicle • Safe for use in wet or dry locations • Compatible with integrated charge connector holster BlinkCharging.com 02022 Blink Charging Co. • NASDAQ: BWK VA DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Blink IQ 200 Energy Management • Internal meter to monitor energy and demand usage • Supports real-time energy usage data evaluation • OpenADR 2.Ob certified controllable output, supporting utility demand response requests • Local load management capability for optimal energy outputs Network, Product, and Customer Support • Multiple modes of communication, including Wi-Fi and cellular • Over -the -air firmware management enables remote updates • Blink Customer Support Center with tracking system • Blink Network Operations Center actively monitors/manages network • Smart grid implementation and support for commercial use • Smart -phone applications for status changes and notifications • Role -based features to manage permissions and access levels • Ability to manage multiple chargers with detailed data sets BlinkCharging.com ©2022 Blink Charging Co. • NASDAQ: BLINK • Secure, high -availability, enterprise -grade infrastructure • Geographically separated secondary systems for disaster recovery and management Safety and Compliance • Ground monitoring circuit • Charge circuit interrupting device (CCID) with automatic test • Nuisance tripping avoidance and auto re -closure • Cold load pickup (randomized auto -restart following a power outage) Promotion and Advertising In addition to promoting locations and Blink charging stations to EV drivers across the country via the Blink Mobile App and Blink Map, the Blink IQ 200 charging stations support the opportunity to promote and/or advertise businesses, properties, products, and services. • Rich multimedia touch screen can be easily customized via Blink Ad Loop functionality • Station panels can also be customized for branding and advertising and can be updated as necessary 3 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Blink IQ 200 MODELS_ AAndal Niimhar SMART CHARGING STATION _ _ ADVANCED CHARGING STATION Ulw9-Aml_UI9_N1-N_9S inw9.nmI.AA9.P7.m.9S I inw9_Rf111.AA'4-P7.N.9S Part Number 01-0205 010207 POWER Standby Power <l OW Standby Output Power (kW) 2.9kW 3.8kW 5.8kW 7AW 9AW 15.4kW 17.3kW 19.2kW Output Amperage (A) 12A 16A 24A 32A 40A 64A 72A 80A Circuit Breaker Options (A) Input/Output Nominal Voltage 15A 20A 30A 40A 50A 80A 90A l ODA _ 208VAC/240VAC 180VAC to 264VAC Input Output Voltage Range Input Output Frequeng 60Hz Input Wiring Type Hardwired Input Wiring Scheme Ll l2 GND Cold -Load Pickup Randomized delay between 120 and 720 seconds before charge resumes after a power failure. Power Measurement Accuracy Embedded meter with a tl % accuracy at the nominal input. Sure Protection Up to 6kV at 3,000A FUNCTIONAL• Charge Connector Type SAE J1772 (hare (able Length 23 ft. Demand Response Yes—OpenADR 2.Ob Status Indicator LED and Audio User Interface Nonel LCD, 7', Color, 800x480, w/fouch Panel _ Access Control None] Contactless Reader: RFID Cards: ISO/IEC 14443A/B, ISO/IE(15693, MIFARE Plus, HID iCLASS, NEMA Smart Credit Cards2: Visa, Master Card, Discover, American Express NFC2: ISO 18092, Apple Pay, Google Wallet Local Area Network (LAN) NETWORK• 2.4GHz WfFi (802.11 b n) Wide Area Network (WAN) None I 2G, 3G, and 4G LTE Suppart Network Interface Blink OCPP OCPP 1.61Future: O(PP 2.0, OCPP 2.0.1 (Coming in 2022) Mounting Type Pedestal or Wall Mount COMPLIANCESAFETY & • Ground Fault Detection CCID20, 20mA per UL 2231, Automatic Reset Feature and Manual Reset Feature Ground Monitor _ Ground Monitor per UL 2231 Safety Compliance UL and cUll,, NEC Article 625 RoHS Norma Oficial Mexicano (NOM) Protection Over•Vohage Protection (OVP), Under -Voltage Protection (UVP), Over -Current Protection (OCP), Over -Temp Protection (OTP), Short-Grcuit Protection UL approved input fuses (built in) short circuit rating: AC 200 kA RMS Symmetrical FCC Part 15 Class B, Industry Canada (IC), PTCRB Yes Yes OPERATIONAL SPECIFICATIONS EMC Compliance ADA Compliance Ener Stor Certified Enclosure Rating NEMA Type 31? Indoor Outdoor •30°C to +50°C (-22°F to +122T -40°C to +80°( (-40°F to +176T 0 to 95% Relative Humidity, Non•(ondensin —� 13.95"H X 10.65"W X 5.23"D OperatingOperdng Temperature Storage Temperature Operating Hurnididy Charger Dimensions Package Dimensions 19.57"L x 14.92"W x 16.61 "D 19.571 x 14.92"W x 16.61 "D 24.2lbs. (I Ik) 25.3lbs. (I1.5kg) 30lbs. (13.6kg) — 31lbs. (14kg) JI Charger Weiht (Un acko ed) Charger Weight (Packaged) Blink Charging Co. reserves the right to alter product offerings and specifications at any time without notice, and is not responsible for typographical BlinkCharging.com or graphical errors that may appear in this document. If applicable, an adjacent primary Advanced Charging Station or Usk can provide access control for up to 20 secondary Smart Charging Stations. � ®2022 Blink Charging Co. •NASDAQ: BINK 4 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Blink ICE 200 BLINK ! 200 PEDESTAL SPECIFICATIONS MODELS RECTANGLE, SINGLE REQANGLE, DUAL TRIANGLE, DUAL TRIANGLE, TRIPLE Model Number 01-0210 01-0211 01.0212 01-0213 Number of Supported Charging Stations 1 2 2 3 User Interface Height 48" 48" 48" 48" Pedestal Dimensions 56.04" H x 13.58" W x 4.28" D 56.04" H x 13.58" W x 4.28" D 59.00" H x 12.50" W x 11.19" D 59.00" H x 12.50" W x 11,19" D Pedestal Weight (unpa(kaged) 60lbs. 60lbs. 74lbs. 74lbs. Pedestal Weight (packaged) 66lbs. 66lbs. 80lbs. 80lbs. Rectangle Pedestal The rectangle pedestal slim installation is great for small spaces that may wish to expand in the future. BlinkCharging.com 02022 Blink Charging Co. 6 NASDAQ: BLINK Triangle Pedestal Maximizing space, the triangle pedestal can securely mount 1-3 independent charging stations. Triangle Pedestal — Dual Port Dual Port Using the triangle pedestal, the dual port unit features 1 advanced and 1 or 2 smart chargers. 5 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Blink IQ 200 USER INTERFACE OPTIONS Standalone • Driver plugs in vehicle then utilizes the UI within the Blink Advanced Charging Station • Each station operates independently NETWORK ARCHITECTURE OPTIONS — Cellular' (( i Integrated Wireless Access Point (Included Std.) 01))) Wireless (q))) ((d>))} LAN' Am ... 1 20 Up to 20 Wireless Clients per Integrated Access Point 'Cellular 4G LTE GSM / CDMA Capable 21negrated Wireless LAN is802.1 1 b/g/n capable w r Blink Network Operations Cellular' t 1 n Unlimited number of Advanced Stations A Existing WAN Existing Wireless LAN 1 n Unlimited number of Advanced Stations BlinkCharging.com 02022 Blink Charging Co • NASDAQ: BLINK 6 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO Blink IQ 200 RECTANGULAR PEDESTAL BASE HOLE PATTERN 13.580" CONDUIT 12.000" CONDUIT THROUGH -HOLE 11.375" THROUGH -HOLE 2.938"� Fol I 2 x 2.20" 4.276" 2.138" 2x D .50" THRUE2 x 3.20" 1.338" TRIANGULAR PEDESTAL BASE HOLE PATTERN 12.50" 11.000" 2.50" 3x D .50" THRU 2.00" CONDUIT THROUGH -HOLE 70" 5.25" 7.202" BlinkCharging.com ©2022 Blink Charging Co. • NASDAQ: BLINK - 3x R 1.35" 9.526" 11119" 7 DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFo Blink IQ 200 WIRING SPECIFICATIONSELECTRICAL Max. Continuous Current Typical Circuit Breaker' Typical Wire Specs' Typical Conduit Size' Blink IQ Conduit Size Notes/Assumptions 12A 15A Two #12AWG Wires (Line) 1 /2" 1 , < 150 ft. One -Way Distance One #12AW Wire (Ground) < 3% Voltage Drop 16A 20A Two #1 OAWG Wires (Line) 3/4" 1" < 150 ft. One -Way Distance One #8AW Wire (Ground) < 3% Voltage Drop 24A 30A Two #8AWG Wires (Line) 3/4" 1" < 150 ft. One -Way Distance One #1 OAW Wire (Ground) < 3% Voltage Drop 32A 40A Two #8AWG Wires (Line) 3/4" 1" < 150 ft. One -Way Distance One #1 OAW Wire (Ground) < 3% Voltage Drop 40A 50A Two #6AWG Wires (Line) 3/4" 1" < 150 ft. One -Way Distance One #8AW Wire ;Ground) < 3% Voltage Drop 64A 80A Two #4AWG Wires (Line) 1" 1" < 150 ft. One -Way Distance One #8AW Wire (Ground) < 3% Voltage Drop 72A 90A Two #3AWG Wires (Line) 1" 1" < 150 ft. One -Way Distance One #8AW Wire (Ground) < 3% Voltage Drop 80A I ODA Two #2AWG Wires (Line) 1" 1" < 150 ft. One -Way Distance One #8AW Wire (Ground) < 3% Voltage Drop 'Consult with a licensed contractor, licensed electrician, or trained installation expert to ensure compliance with local building codes and safety standards. I0 Flexib Condi Wall Mount Option 1 BlinkCharging.com ©2022 Blink Charging Co. • NASDAQ: BWK Electrical Panel Conduit Wall Mount Rectangular Pedestal Triangular Pedestal Option 2 Mount, Single Mount, Dual DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO b1hk Page 10 Tab 3: Approach and Methodology (Attachment C) Submit detailed information on the approach and methodology that the Proposer and its team has utilized on previous engagements to accomplish a similar scope of work, including detailed information, as applicable, which addresses, but need not be limited to: • A revenue stream to pay for electricity, capital equipment, operation, and maintenance. • Ability for drivers to pay for EV charging without the creation of an account or membership. • Ability for drivers to find charging stations via web -enabled cell phones. • Ability to find charging stations through popular EV charging station mapping services such as PlugShare, ChargeHub, and the Alternatives Fuels Data Center's Station Locator. • Notification by SMS, text, or email when charging is complete. • Authenticated access to eliminate energy theft. • their system's safety measures; user instructions; user preventive safety measures; and user instructions in case of emergencies. • Remote monitoring and diagnostic for superior quality of service. • Real-time status of charging stations (in -use, offline, needs service, etc.) Our principal line of products and services is our Blink EV charging network (the "Blink Network"), a proprietary cloud -based software that operates, maintains, and tracks all Blink EV charging stations and the associated charging data; EV charging equipment; and EV related services. Blink has thousands of EV chargers deployed across the United States across numerous transit/destination locations. Blink offers our property partners a flexible range of business models for EV charging equipment and services. 605 Lincoln Road, 5" Floor (305) 521-0200 Miami Beach, FL 33139 BlinkCharging.com Charge 0 n ! Nasdaq:BLNK DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO b1hk Page 11 Network The Blink Network is a remarkably simple and robust way for EV drivers to locate W,0'CenW ylhk chargers, pay and initiate charging sessions via their InCard, credit card, or Blink's customer service remote start, and monitor billing and energy usage data. ■ The Blink App is available for use on all smartphones. These easily accessible features help ensure EV drivers have .o unimpeded access to chargers to eliminate range anxiety. Without range anxiety, customers can purchase electric vehicles with confidence in their ability to always keep their charge. Blink provides a rich user experience from a charging station user interface and from a Blink Network Central System standpoint. The Blink Network is accessible by multiple devices and browsers and provides standard and customized reporting functionality in addition to dashboards which reflect utilization, sustainability metrics, and charging station health statuses. Integration with 3rd party platforms can be supported using the Blink Map API and using the Open Charge Point Interface (OCPI.) The Blink Network allows hosts to manage their chargers, provide unique pricing to groups, and download charging history on our cloud -based software. Key Network Features • Designed to give full visibility of all your locations, chargers, and charger status • Customized charge rates based on user groups and zones • Access to add any new drivers to specialized pricing any time • Fully view and track a charge session's energy usage and charge fees • View and download charging history reports per location or per charger • Manage and track vehicle fleet power and energy history Blink Support • Supports Blink electric vehicle charging stations 605 Lincoln Road, 5"' Floor (305) 521-0200 Charge 0 n ! Miami Beach, FL 33139 BlinkCharging.com Nasdaq:BLNK DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO b1hk Page 12 • Facilitates data flow with API integrations • Real-time cloud -based management capabilities with remote updates • 24/7 Customer Support Center with action - tracking system • Blink Network Operations Center (NOC) proactively monitors and manages Blink Network • Smart grid implementation and support for• �-� �•� commercial users and utilities • Secure, high availability, enterprise grade: infrastructure and software technologies with geographically separated secondary systems for disaster recovery and management • Integrated feedback functionality to help improve user experience Accessing Charging Sessions Drivers can access and initiate charging sessions at public Blink EV chargers via the Blink Charging mobile app, the Blink membership card, or a quick call to customer service. Our road map includes adding "plug and charge" capabilities by the end of 2024 with IQ 200 stations. Miami Beach Operations/Maintenance Our Customer Support Teams provide industry leading customer support through the entire post- sales/deployment relationship with our customers. Our entire team is built with a single purpose in mind, how we can best serve our customers. Customer Support is comprised of 24 individual customer support representatives. They are managed by our Sr. Director, Customer Services, provide support via phone and email and are available 24/7/365. We closely monitor all Key Performance Indicators including response time and issue resolution to ensure overall 99% uptime, in accordance with our Service Level Agreement. Blink will provide Miami Beach with a dedicated Tier 1 support contact who will monitor the Miami Beach Blink EV charging station status. Upon identification of an issue, Blink will proactively: 1. Reach out to an on -site Miami Beach contact to do a circuit breaker reset at the location. This will reboot the EV charging station computer and typically resolves 90% of all issues. 2. Begin remote diagnostics in the event a circuit breaker reset does not resolve the issue, Blink Network Operations Center will begin remote diagnostics, typically, within 1 hr M-F 7am to 8pm EST. 605 Lincoln Road, 5T" Floor (305) 521-0200 Miami Beach, FL 33139 BlinkChorging.com Charge On! Nasdaq:BLNK DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO b1hk Page 13 3. Deploy a technician, if our Network Operations Center cannot correct the issue remotely, and the station is not operational, onsite within 4hrs. Stations that are still operational will have a 24hr turnaround time to get the station fully back online. 4. Maintain common replaceable parts for service in its Miami Beach office for immediate onsite repair. 5. There will be a maximum downtime of 72hrs for each charging station. • Smart Grid integration for utility load management with future Vehicle -to -Grid (V2G) capabilities when feasible. • network or internet addressable and be capable of participating in a demand -response program or time -of use pricing to encourage off-peak charging. • proposed business model(s) that are advantageous to the end users as well as the City and promote the use of electric vehicles. _� ii b" - r: b' �C Y �. Y X Execution of the program as proposed will bring world -class infrastructure to Miami Beach and its community members. A hallmark of our proposal is our four different business models: Turnkey (Blink Owned) Host Owned, Hybrid Owned, and Blink as a Service. In the Blink turnkey model, as proposed and currently executed with Miami Beach, Blink is responsible for all costs and operations, and provides a (%) revenue share to the City (Blink can negotiate the percentage amount). This is an advantageous agreement for both parties involved. Miami Beach can continue to offer this amenity to its residents and tourists and earn a profit. Additionally, the city would not need to invest in the high cost of upgrading infrastructure. Under this proven model, Blink has seen record sales numbers in the past two years, and we continue to capitalize on the momentum and moment of EV charging. Blink also offers other business models if Miami Beach wants to pursue a different structure. Blink is committed to seeing this program succeed in our hometown and we will work in collaboration with the city to find the products and services that align with the City's vision for EV charging. 605 Lincoln Road, 5" Floor (305) 521-0200 Miami Beach, FL 33139 BlinkCharging.com Charge On! Nasdaq:BLNK DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO b1hk Page 14 Advance Technology Features Load Management Our products utilize local load management and are operated via the Blink Mobile app and Blink Fleet app. Multiple EVSEs can operate from a single circuit using Local Load Management (LLM). Blink's Local Load Management can support up to 20 units where a cable from the main breaker would feed the Client EVSEs that are part of the LLM group. Plug & Charge Functionality (ISO 151 181 Our products will be capable of Plug & Charge: a new advanced technology enabling EV drivers to identify themselves safely and easily at the charging station by simply plugging in. Drivers would now be able to skip the step of having to login to the mobile app or scan an RFID card. Data and Reporting With the Blink Network reporting tools, site hosts can create standard, periodic and customized reports. Reports can detail single charging station data or can be generated for select or a host's entire list of Blink chargers. Reports are easily generated within the Blink Network accessible by the Blink Network's host portal. Blink hosts can use these reports for sustainability reporting, marketing, accounting, etc. Data in the Blink Network is real time. Hosts can create users for their equipment with varying levels of permissions and can provide reporting only permission for dedicated users to create, download and manipulate reports. EVSE Location X EVSE Identifier X Date of Installation X Network Provider X Operator Name/Phone Number X Number of Accessible Ports X Connector Type X Uptime & Out of Service Time X Number of Charging Events X Charging Session Start/End Time X Average Session Times and Session Completion X 605 Lincoln Road, 5T" Floor (305) 521-0200 Charge 0 n Miami Beach, FL 33139 BlinkCharging.com Nasdaq:BLNK DocuSign Envelope ID: 33813227-2FC9-4EDB-BB64-108EF7BFAFFO b1hk Page 15 Forms of Payment X Energy/Power Dispensed X Total Cost to Customer X Total kWh Dispensed Per Port Per Session X Peak kW Per Port X Max kWh Per Port X Average Monthly Peak Power in kW X Number of Unique Users X Power Sharing Enabled X OCPP Real -Time Status and Price X Future Fund;n The federal government is funneling funds through different programs throughout the country. Blink has nearly $20 million in grant awards, and we can help Miami Beach navigate the process. Blink will further assist by identifying federal, state, or utility rebates, and/or local incentives, that offset program costs when desired by Miami Beach. Where applicable, Blink's successful Grants & Rebates Department will assist with navigating the application process. Blink will be leveraging existing corporate partnerships across multiple sectors as well as cultivating new relationships to secure more locations that meet Miami Beach's ever evolving sustainability needs. Blink wants Miami Beach to become a premier EV Charging destination, a leader in the green energy revolution. We are open to additional discussions with Miami Beach to address any concerns, requests, or development of components such as e-mobility, 5G technologies and other future proof designs. 605 Lincoln Road, 5" Floor (305) 521-0200 Miami Beach, FL 33139 BlinkCharging.com Charge 0 n ! Nasdaq:BLNK DocuSign Envelope ID. 33813227-2FCO-4EDE�-BBt34-IOSEF7BFAFFO MIAMIBEACH I 1 -HARGINGSTATONS S ink Network LLC 11,1one-a beAfani' Tvpt 2 -Other contratt ar"ndm,; Jer, or task order not r,_ I i .�r4K:Uf&1nMt 4iWMJ LUMWili'OV. '.OHd!41b11. Tvp! 3 - Independen! CuntraLtot AgtftrftnE JICAJ Ty 6-7ery nt Agieffren-, T)T4-Grant agrremenh with the Ory n the recipimii Typt 7 -inter *vvernmen1di agencv agi".ment Type 5 - Gtantagreemerib with !he 0tv a. the grantor Typt 9 - Oth-r: 7 On July 26, 2023, the Mayor and City Commission approved the award at a contract to Blink Network LLC, pursuant to Request for QualifKations JRFQ) 2023-043-WG, for Electric Vehicle Charging Stations; authorizing the Administration to enter into negotiations with Blink Network LLC, (Blinki as the top -ranked proposer. The contract has been form approved by the City Attorney's Office and fully executed by the company. Pursuant to the authority established in Resolution 2023-32675, this __ , �e 6- "P City Managec sicnature *tofina'izE tne co-t-:1 exec_t'o- p,c::ess L _ 1-i Th«s �5 a rev enke generat,ng agreement. There is no tin anc�a I Im pact to t, e City. U Ii will pay the City ten percent (10%) of annual gross revenue collected from chargi-� fees and reimburse the City for electricity usage, Yes � X 1. For contracts IonW than five years, contact the Procurement Department. 2. Attach any supportir4 explanation nE� ng_- 1 Budget approval indicates approval for the current fiscal year or ly. Future year, are subject to Ckv Commission apprciva'of the annual acootedopeating budget. Cit.i Corn-riss on Approved. I I I Ne f esc ution %C_ I CCASe7,da ftern No.. �_C rVeeting Date C2 D 07-26-2023 It no, explain why CC approval is not required. Leda` Form ApprovedX I Y,,s No I ifno, explain ti,-I.cwwhy form approval is not necessary. Alex Den s rA - t R-Aget: Tameka Otto -Stewart Information Technologv. "WA R,sk Management. r 1.,"o Fleet& Facilities: NIA Human Resources: N/A Cither: Kristy Bacla Maria Estevez Isadora, Gonzalez "