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HomeMy WebLinkAboutAmendment No. 1 to the Concession Agreement between the CMB and Blink Network, LLCDocusign Envelope ID: A9A95386-A400-856A-829A-301A1 DFEOF03 20 Docusign Envelope ID: 7A4408B5-OOEO48B7-BA68-372A62EA256D J Docusign Envelope ID: FFBBEBOA-03E5-4B12-B16A-208BG0408129 AMENDMENT NO. 1 TO THE CONCESSION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND BLINK NETWORK, LLC This Amendment No. 1 ("Amendment") to the Concession Agreement, dated October 4, 2023, between the City of Miami Beach, Florida (the "City") and Blink Network, LLC ("Concessionaire") is entered into this day of _6i22i202614:53 EDT. 2026. WHEREAS, on October 4, 2023, the City and Concessionaire executed a Concession Agreement (the "Agreement") pursuant to Request for Qualifications No. 2023-043-WG for Electric Vehicle ("EV") Charging Stations for the City's Parking Facilities, Parking Garages and Surface Lots (the "RFQ"); and WHEREAS, the Agreement grants Concessionaire the non-exclusive right to operate a Program (as defined in the Agreement) that includes the installation, operation, maintenance and management of a concession for self-service EV Stations (as defined in the Agreement) for public use in certain municipal parking facilities (defined in the Agreement as "City Properties"), delineated in Exhibit A to the Agreement (the "Concession Service Zone"); and WHEREAS, the parties wish to approve the addition of one (1) EV Station at Municipal Parking Lot P-46, located at 1700 Purdy Avenue ("P-46 EV Station"), which station has already been installed as part of the Maurice Gibb Memorial Park Expansion Project which was inaugurated on April 3, 2025; and WHEREAS, the parties further wish to approve additional City Properties, in which EV Stations are projected to be installed: (1) Bayshore Park at the Scott Rakow Youth Center; (2) 721 Street Community Complex; (3) North Beach Ocean Rescue Facility; (4) Marine Patrol Facility; and (5) Fire Station 1, subject to the City Manager further approving the location and number of EV Stations at each respective City Property pursuant to Section 2.2; and WHEREAS, in accordance with Section 2.1 of the Agreement, any modification to the list of Properties contained in the Concession Service Zone shall be subject to the approval of the City Manager, and pursuant to Section 2.2 of the Agreement, any change to the initial list of Concession Areas is subject to approval by the City Manager. NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Concessionaire hereby agree to amend this Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Agreement is hereby amended (deleted items strUsfough and inserted items underlined) as follows: (A) Exhibit A (Concession Service Zone), including the locations of the Concession Areas, is hereby deleted in its entirety and replaced with the attached new Exhibit A. Docusign Envelope ID: A9A95386-A400-856A-829A-301 Al DFEOF03 Docusign Envelope ID: 7A4408B5-OOEO-48B7-BA68-372A62EA256D Docusign Envelope ID. FFBBEBOA-03E5-4B12-B16A-208BC04OB129 (B) A new Section 11.8 is hereby added to this Agreement, as follows: 11.8 P-46 EV Station. The CitX has paid for the construction and installation of the P-46 EV Station. During the Term of this Agreement, the P-446 EV Station shall be property of the Concessionaire and shall be operated as part of the City's fleet of EV Stations under this Agreement. Concessionaire is not authorized to _lien or otherwise encumber the P-4_6 EV Station during the Term _Notwithstandin anything to the contras in Section 15.7, upon expiration or earlier termination of this Agreement, title to the P-46 EV Station shall automatically pass to the City. Additionally, upon the City's request, Concessionaire agrees to execute a bill of sale, transferring all rights, title and interest in the P-46 EV Station to the City free and clear of all liens or other encumbrances. Concessionaire shall ba-permitted to remove the "Blink" marks on the P-46 EV Stationr provided that it will not affect the operability of the P-46 EV Station. 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect, In the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK] Docusign Envelope ID: A9A95386-A400-856A-829A-301 Al DFEOF03 4 Docusign Envelope ID: 7A4408B5-OOEO-48B7-BA68-372A62EA256D Docusign Envelope ID: FFBBEBOA-03E5-4B12-B16A-208BG04CB129 IN WITNESS WHEREOF, the City and Concessionaire have caused this Amendment to be executed by their respective and duly authorized officers the day and year first hereinabove written. CITY: CONCESSIONAIRE: CITY OF MIAMI BEACH, FLORIDA BLINK NETWORK, LLC Enc T. Carpente , City Manager Signature Michael Betwglt� Print Name ---- Chief Executive Officer Attest: Title by: Coowswew Rafael E.SGranado, City Clerk Witness/"Signature Kelly Sheltwi Print Name 6/22/2026 i 4:53 EDT 2026-02-19 1 I:ou I'M FSr Date Date APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION UZ Ig eu Coy Atto ney Dote ��7 Docusign Envelope ID: A9A95386-A400-856A-829A-301 Al DFEOF03 Docusign Envelope ID: 7A4408B5-OOEO-4867-BA68-372A62EA256D Docusign Envelope ID: FFBBEBOA-03E5-4B12-B16A-208BC04OB129 EXHIBIT A Serial Number Location Instalt/Activation Date OPPii L1-0207-LTE-W-2206-007253 12th Street& Drexel Avenue Garage Installed 7/18/2022 OPP-28884 Ll-0207-LTF-W-2220.008940 12th Street& Drexel Avenue Garage Installed 7/18/2022 OPP-28884 Li-0207-ISO-2240-012636 13THSTGARAGEI Installed 9/18/2023 OPP-16368 L1-0207-LTE-W-2204.007061 13THSTGARAGEI Installed 7/1312022 OPP-16368 BAE71B459 13TH ST GARAGE1(Series) Installed 411612025 OPP-66264 BAE718482 13TH ST GARAGEI(Series) Installed 4/1612025 OPP-66264 Li-0207-1839-OW150 17th Street Garage Installed 2/16/2023 OPP-28883 Ll-0207-2016-003277 17th Street Garage Installed 10/1/2021 5PP-28883 LS-0207-LTE-W-2204-007063 17th Street Garage Installed 7/12/2022 OPP-28883 L1-0207-ISO-2237-012006 42nd Street Garage Installed 5/11/2023 OPP-28881 L2-0207-ISO-2450-016669 42nd Street Garage Installed 1/28/2025 OPP-28881 L1-0207-LTE-W-2220-008866 City Halt Garage Installed 7/12/2022 OPP-16294 U0207-LTE-W-2220-008932 City Hall Garage Installed 7/19/2022 OPP-16294 LI-0207-2010.002772 Collins Park Garage (G-12) Installed 7/6/2023 OPP-19290 1-1-0207-LTE-W-2204-006992 Collins Park Garage (G-12) Installed 7/14/2022 OPP-19290 L1.0207-LTE-W-2204.007053 Collins Park Garage( -12) Installed 7/13/2022 OPP-19290 L1-0207-LTE-W-2206-007248 Collins Park Garage ( -12) Installed 7/13/2022 OPP-19290 L1-0207-LTE-W-2220-008941 Collins Park Garage lG-12) Installed 7/14/2022 OPP-19290 L1-0207.1839-000047 Miami Beach Convention Center - 4th Floor Installed 1/16/2025 OPP-17438 LI-0207-1839-000121 Miami Beach Convention Center -4th Floor Installed 10/1612623 OPP-17438 L1-0207-LTE-W-2204-007022 Miami Beach Convention Center - 4th Floor Installed 6/22/2022 OPP-17438 L1-0207-LTE-W-2204-007026 Miami Beach Convention Center - 4th Floor Installed 6/21/2022 OPP-17438 L1-0207-LTE-W-2204-007027 Miami Reach Convention Center -41hFloor Installed 6/21/2022 OPP-17438 L1-0207-LTE-W-2204-007029 Miami Beach Convention Center - 4th Floor Installed 6/21/2022 OPP-17438 L1-0207-LTE-W-2204-007030 Miami Beach Convention Center - 4th Floor Installed 4/19/2023 OPP-17438 LI-0207-LTE-W-2204-007031 Miami Beach Convention Center - 4th Floor Installed 6/22/2022 OPP-17438 Ll-0207-LTE-W-2204-007052 Miami Beach Convention Center - 4th Floor Installed 6/21/2022 OPP-17438 LI-0207-LTE-W-2204-007056 Miami Beach Convention Center -4th Floor Installed 6/21/2022 OPP-17438 L10207-LTE-W-2204-007057 Miami Beach Convention Center -4th Floor Installed 6/2112022 OPP-17438 L1 0207-LTE-W-2204-007064 Miami Beach Convention Center - 4th Floor Installed 6/22/2022 OPP-17438 Li-0207-LTE-W-2206-007155 Miami Beach Convention Center -4th Floor Instatled 6/22/2022 OPP-17438 L1-0207-LTE-W-2206-007184 Miami Beach Convention Center - 4th Floor Installed 6/22/2022 OPP-17438 L1-0207-1839-0000% Miami Beach Convention Center - 5th Floor Installed 1/9/2024 OPP-17438 L1-0207-1839-000139 Miami Beach Convention Center - 5th Floor installed 2/28/2024 OPP-17438 LI-0207-1839-000155 Miami Beach Convention Center Stir Floor Installed 10/13/2022 OPP-17438 LI-0207.1914-000868 Miami Reach Convention Center - Sth Floor Installed 2/21/2024 OPP-17438 LI-0207-1919-001338 Miami Beach Convention Center - 5th Floor Installed 10/13/2022 OPP-17438 L1-0207-1924-001413 Miami Beach Convention Center - 5th Floor Installed 10/13/2022 OPP-17438 L1-0207-2014-003065 Miami Beach Convention Center - 5th Floor Installed 10/13/2022 OPP-17438 LI-0207-2015-003120 Miami Beach Convention Center - 5th Floor Installed 10/13/2022 OPP-17438 L1-0207-2108.005399 Miami Beach Convention Center - 5th Floor Installed 12/19/2023 OPP-17438 L1-0207-2130-006238 Miami Beach Convention Center 5th Floor Installed 1/9/2024 OPP-17438 LI.0207-ISO-2241-013225 Miami Beach Convention Center - 5th Floor Installed 12/19/2023 OPP-17438 L2-0207-ISO-2450-016832 Miami Beach Convention Center - 5th Floor Installed 3/12/2025 OPP-17438 L2-0207-ISO-2450-016911 Miami Beach Convention Center - 5th Floor Installed 1/31/2025 OPP-17438 L2.0207-ISO-2452-017064 Miami Beach Convention Center - 5th Floor Installed 3/12/2025 OPP-17438 LI-0207-1910-000627 Miami Beach Convention Center Loading Dock Installed 11/28/2019 OPP-17438 L7-0207-LTE-W-2215-008110 Imiami Beach Convention Center - Loading Dock Installed 6/30/2022 OPP-17438 L1-0207-I50-2244-014723 I Parking Lot (P100) Installed 2/14/2024 OPP-27826 Li-0207-1918-000972 ISunset Harbor Parking Garage Installed 2/24/2023 OPP-17438 1-1-0207-LTE-W-2204-007036 ISunset Harbor Parking Garage Installed 7/12/2022 OPP-17409 BAE708268 I Parkin Lot(P46) Installed 0912025 OPP-142934 ZO2-3 _ 32 �. -75' Docusign Envelope ID: 7A4408B5-OOEO-48B7-BA68-372A62EA256D MIAMI BEACH 2023-043-WG I Electric Vehicle Charging Stations City's Parking DepartmentContractor Requesting BLINK NETWORK, LLC Parking & Mobility William Macdonald 1 %&,,, M j� Q2026 1 10:50 EDT I David Martinez I VA,41 Marhfia1/2026 1 10:20 EDT Document x Type 1- Contract, amendment, change order, or task order resulting from a procurement -issued competitive solicitation. Type 2 - Other contract, amendment, change order, or task order not resulting from a procurement -issued competitive solicitation. Type 3 - Independent Contractor Agreement (ICA) Type 6 - Tenant Agreement Type 4 - Grant agreements with the City as the recipient Type 7 - Inter -governmental agency agreement Type 5 - Grant agreements with the City as the grantor Type 8 - Other: Summary & Purpose On October 4, 2023, the City and the Concessionaire executed a Concession Agreement ("Agreement") pursuant to Request for Qualifications No. 2023-043-WG for Electric Vehicle ("EV") Charging Stations for the City's parking facilities, parking garages, and surface lots. The Agreement grants the Concessionaire a non-exclusive right to operate a Program (as defined in the Agreement) that includes the installation, operation, maintenance, and management of a concession for self-service EV Stations (as defined in the Agreement) for public use in certain municipal parking facilities ("City Properties"). The parties now wish to approve the addition of one (1) EV Station at Municipal Parking Lot P-46, located at 1700 Purdy Avenue ("P-46 EV Station"), which has already been installed as part ofthe Maurice Gibb Memorial Park Expansion Project inaugurated on April 3, 2025. The parties further wish to approve additional City Properties where EV Stations are projected to be installed: (1) Bayshore Park at the Scott Rakow Youth Center; (2) 72nd Street Community Complex; (3) North Beach Ocean Rescue Facility; (4) Marine Patrol Facility; and (5) Fire Station 1. Installation at these properties shall be subject to the City Manager's approval of the final location and number of EV Stations at each respective site pursuant to Section 2.2 Concession Area(s) of the Agreement. In accordance with Section 2.1 Concession Service Zone of the Agreement, any modification to the list of Properties contained in the Concession Service Zone is subject to approval by the City Manager. Additionally, pursuant to Section 2.2 Concession Area(s) of the Agreement, any change to the initial list of Concession Areas requires City Manager approval. Therefore, this item requests the City Manager's signature on Amendment No. 1. Original Twm Renewal Periods Total Term (OrIgholl + Renewals) 10/04/202310/03/2030 1(two -year renewal) 10/04/2023 to 10/03/2032 City Commission Approved: Yes I X No Resolution No.: CC Agenda Item No.: CC Meeting Date: If not, explain why CC approval is not required: Legal Form Approved: X I Yes No If not, explain below why form approval is not necessary: Docusign Envelope ID: 7A4408B5-OOEO-4887-BA68-372A62EA256D Procurement: Grants: N/A Kristy Bada oocusq'wa by: �bw� C*g7/2026 1 3:06 DT Budget: Information Technology: N/A Isadora Gonzalez S6 Tameka Otto Stewart S4,.d by: o{{b 5fW0Of&U12:1 EDT Risk Management: g i°EE'°83 Fleet &Facilities: N/A Human Resources: N/A Reviewed by: Monica Garcia Ate Reviewed by: Theresa Buigas