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Concession Agreement with Blink Network, LLC 0)01c-- A CONCESSION AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND BLINK NETWORK, LLC FOR A SELF-SERVICE ELECTRIC VEHICLE CHARGING STATION SERVICES PROGRAM FOR THE CITY'S PARKING FACILITIES 1 INDEX SECTION TITLE PAGE SECTION 1. TERM. 5 SECTION 2. CONCESSION SERVICE ZONE AND CONCESSION AREA(S). 6 2.1 Concession Service Zone. 6 2.2 Concession Area(s) 6 SECTION 3. USE(S). 6 3.1 Electric Vehicle Charging Services. 6 3.2 Design, Permitting, Delivery, Acceptance and Installation of EV Stations. 6 3.3 Project Schedule 8 3.4 Additional Electric Vehicle Charging Stations. 8 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. 10 SECTION 4. CONCESSION FEES. 10 4.1 Revenue Payment. 10 4.2 Reports 11 4.3 Collection of Revenue 11 4.4 Electricity Charges. 11 4.5 Payment Remittance 12 4.6 Interest for Late.Payment. 12 4.7 Sales and Use Tax. 12 SECTION 5. (INTENTIONALLY OMITTED) 12 SECTION 6. MAINTENANCE AND EXAMINATION OF RECORDS 12 6.1 Reports of Gross Receipts and Maintenance. 12 SECTION 7. INSPECTION AND AUDIT. 13 SECTION 8. TAXES, ASSESSMENTS 13 SECTION 9. EMPLOYEES AND INDEPENDENT CONTRACTORS. 14 SECTION 10. HOURS OF OPERATION. 14 SECTION 11. IMPROVEMENTS MAINTENANCE REPAIR and OPERATION 15 SECTION 12. INSURANCE 17 2 SECTION TITLE PAGE SECTION 13. INDEMNITY. 19 SECTION 14. FORCE MAJEURE 19 SECTION 15. DEFAULT AND TERMINATION. 20 SECTION 16. PERFORMANCE BOND OR ALTERNATE SECURITY 22 SECTION 17. ASSIGNMENT 22 SECTION 18. SPONSORSHIPS. 23 SECTION 19. NO ADVERTISING/PROMOTIONAL ASSISTANCE. 23 SECTION 20. NO IMPROPER USE. 23 SECTION 22. LAWS. 24 SECTION 23. MISCELLANEOUS 25 SECTION 24. LIMITATION OF LIABILITY 27 SECTION 25. VENUE. 27 SECTION 26. CONFLICT OF INTEREST. 28 SECTION 27. FLORIDA PUBLIC RECORDS LAW. 28 Proposal Documents 30 Exhibit A: Concession Service Zone 31 Exhibit B: Concession Area Locations 32 Exhibit C: Electric Vehicle Charging Station 33 Exhibit D: Project Schedule 37 Exhibit E: Electric Bill 38 Exhibit F: Price Schedule 39 Exhibit G: Signage 40 3 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 PROPOSALS NO. 2015 - 177 -JR THIS CONCESSION AGREEMENT (the "Agreement ") made on 2nd of November , 2016 ( "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, which is a wholly owned subsidiary of Car Charging Group, Inc., a Nevada corporation, authorized to do business in Florida, with offices at 1691 Michigan Avenue, Suite 601, Miami Beach, Florida, 33139 (hereinafter the "Concessionaire "). WITNESSETH WHEREAS, Proposal Documents shall mean City of Miami Beach Request for Proposals No. 2015 - 177 -JR 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 "RFP "), 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 RFP; 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 RFP was issued on July 17, 2015 and Concessionaire was the sole proposer; and WHEREAS, On October 14, 2015, the Mayor and City Commission adopted Resolution No. 2015 - 29164, accepting the recommendation of the City Manager pertaining to the sole proposal received in response to the RFP, authorizing the Administration to enter into negotiations with Concessionaire, and further authorizing the Mayor and City Clerk to execute a non - exclusive agreement upon conclusion of successful negotiations by the Administration; and 4 WHEREAS, pursuant to the RFP, 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 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 RFP (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 five (5) Contract Years, commencing on the Effective Date (which shall be defined as the date of execution of this Agreement), and ending at 11:59 p.m. on the fifth (5th) anniversary of such Commencement Date. 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 two (2) additional one (1) year renewals. As a condition to such renewal, the City may require Concessionaire to upgrade or replace the EV Stations, if the City Manager deems 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 12th 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. 1.4 For purposes of this Agreement, "Term" shall mean the initial term and any renewal term, if approved by the City Manager, at the City Manager's sole and absolute discretion. 5 SECTION 2. CONCESSION SERVICE ZONE AND CONCESSION AREA(S). 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): 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 Commission, in its 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 initial Concession Areas shall consist of an operational floor of at least two EV Stations, to be located within four parking spaces, in each City Property ("Operational Floor"). Within thirty (30) days from the Effective Date of the Agreement, the City Manager or Contract Manager shall approve, in writing, a site plan containing a list of the initial Concession Areas, which will be incorporated herein and attached hereto as Exhibit B. 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 C 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 C 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. 6 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 Area(s) set forth in Exhibit B 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 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 RFP 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 7 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. 3.3 Project Schedule. Within thirty (30) days from the Effective Date, 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. Said schedule, when completed, shall be attached and incorporated as Exhibit D hereto (as approved, the Project Schedule). 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. 3.4 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 Managers 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 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 B hereto shall be amended accordingly to identify any such additional Concession Area(s). 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 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 2 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 8 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 2 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 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, Exhibit 2 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 9 • • 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 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 F 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/hers 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 five (5) year term of the Agreement, Concessionaire shall remit to the City fifteen percent (15%) 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 • 10 (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 (15th) 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. 4.2 Reports. Concessionaire shall provide access and privileges 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. 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. 1 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. 2 The City shall tender to Concessionaire an electric bill (copy to be attached as Exhibit E 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 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"d 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 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 and 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 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. 12 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 1691 Michigan Avenue, Suite 601, Miami Beach, Florida 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. The City Manager or Contract Manager shall be entitled to audit Concessionaire's records pertaining to its operations, as often as he deems reasonably 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). 13 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. 9.1.2 Concessionaire shall designate a competent full-time employee to oversee the day-to-day operations, and who shall act as the 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 at all reasonable times during normal business hours (8:00 A.M. to 5:00 P.M.) to discuss the management, operation and maintenance of the Program, and during the hours of 8:00 A.M. and 2:00 A.M. in the event of an emergency. 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. 9.2 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. All employees and/or contractors shall observe all the graces of personal grooming. The Concessionaire shall hire people to work in its operation who are neat, clean, well groomed, and who shall comport themselves in a professional and courteous manner. The Concessionaire and any persons hired or otherwise retained by Concessionaire, shall never have been convicted of a felony. 9.3 Concessionaire shall use its best efforts to hire employees and/or contractors for the program from among unemployed workers in the City of Miami Beach workforce. 9.4 All employees of the Concessionaire must be able to pass a background check performed by the City of Miami Beach Police Department. 9.5 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. 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. 14 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. 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. 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 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 at a given City Property location. 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 15 Contract Manager. Concessionaire shall have service technicians available 24 hours per day, 7 days per week. In the event that an Electric Vehicle Charging Station is damaged for any reason, Concessionaire shall, at a minimum, commence repairs within twelve (12) 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, 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. All of the aforesaid repairs, restorations 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. 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 insure 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 and any Concession Area Improvement thereon. Concessionaire shall not employ any recorded video surveillance without the prior written approval of the City Manager. 16 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 Siqnaqe. 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 G. Notwithstanding Exhibit G, 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) Worker's Compensation insurance in compliance with the Worker's Compensation Act of the State of Florida. (2) Employer's liability insurance on all employees for the Premises not covered by the Worker's Compensation Act, for occupational accidents or disease, in limits of not less 17 than $1,000,000 for any one occurrence, or whatever is necessary to satisfy the requirements of the umbrella liability insurance specified in Subsection 12.1(6) below. - (3) Comprehensive General Liability insurance on an occurrence form basis with limits of not less than $1,000,000 per occurrence for bodily injury property damage to include Premises/Operations; Products; Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity, with Hold Harmless/Indemnity provision, with a general annual aggregate limit of$2,000,000. (4) Automobile liability insurance including comprehensive and collision coverage with a limit of not less than $1,000,000 per occurrence (owned/non-owned/hired automobiles includes). (5) Comprehensive crime insurance including employee theft, premise, transit and depositor's forgery coverage with limits as to any given occurrence of $1,000,000. The City shall be used as a loss payee under this coverage. (6) Umbrella liability insurance with an annual aggregate limit of not less than $10,000,000. The City shall be used as a loss payee under this coverage. 12.2 The liability policies affording the coverages described in Subsections 12.1(3), 12.1(4) and 12.1(6) above shall be endorsed to cover the City and its employees, agents, directors and officers as additional insureds. 12.3 Concessionaire shall deliver certificates of insurance to the City's Contract Manager and renewal policies shall be obtained, and certificates delivered to the Contract Manager, at least fifteen (15) days prior to expiration. The certificates of insurance shall state that the issuing company shall provide thirty (30) days' prior written notice to the certificate holder should any of the policies be cancelled prior to the expiration date. 12.4 All of Concessionaire's certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager. These certificates will be kept on file in the office of the Risk Manager, City Hall, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139. The Concessionaire shall also be solely responsible for obtaining, submitting, and maintaining current and in full force, all insurance for its subcontractors. 12.5 All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. 12.6 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 18 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. 12.7 Waiver of Subrogation. The terms of insurance policies referred to in Subsection 12.1(3) and (6) shall preclude subrogation claims against Concessionaire, the City and their respective officers, employees, contractors, agents, and servants. 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, hold harmless and defend the City, its officials, directors, members, employees, contractors, agents, and servants from and against any and all actions (whether at law or inequity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from: (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) Concessionaire's breach of the terms of this Agreement or its representations and warranties herein; (3) the operation of the Program; or (4) 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. 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; and 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 19 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 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) days after the payment due date, and such failure continues five (5) 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 reasonably 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 20 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, shall 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. 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 21 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. In addition, the Concessionaire shall pay to the City One Thousand ($1,000.00) Dollars per day per Concession Area as liquidated damages for such trespass and holding over. 15.8 Substitute Performance. In the event that the Concessionaire fails to properly perform the removal of any Concession Area Improvements and restoration of the Concession Areas to their original condition in accordance with the terms of the Agreement, then the City shall have the right to undertake and/or purchase, as the City Manager deems appropriate, any such supplies, materials, services, etc., covered herein and to charge Concessionaire for all actual costs thereby incurred by the City. Concessionaire shall be responsible for paying all of said costs. 15.9 Sixty (60) Day Termination for Convenience. Notwithstanding anything herein to the contrary, the City may cancel this Agreement, 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. 22 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 an irrevocable license to use any Concessionaire trademark, brand, and/or logo, for purposes of the City's promotion of the Program and including, without limitation, the right to use such trademarks, brand, and/or logo in all media (for such public marketing purposes) whether now existing or as may exist in the future. 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.carcharginq.com for users to reach Concessionaire and/or learn more information about the Program. Concessionaire 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 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, immoral or offensive purpose, 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, contractor, or 23 servant regarding the concession. In the event of any violation by the Concessionaire, or if the City or its authorized representative shall deem any conduct on the part of the Concessionaire to be objectionable or improper, the City shall have the right to suspend concession operation should the Concessionaire fail to correct any such violation, conduct, or practice 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, conduct, or practice. Such suspension to 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 1691 Michigan Avenue, Suite #601 Miami Beach, FL 33139 Attn: Ted Manser With copy to: The Bernstein Law Firm 3050 Biscayne Boulevard, Suite 403 Miami, Florida 33137 E-mail: Michael @Bernstein-Lawfirm.com If to the CITY: City of Miami Beach Parking Department do 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. 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 24 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. 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. 25 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"). 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 26 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. 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- 27 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 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. 28 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. Attest: CITY OF MIAMI BEACH, FLORIDA Ali / /‘e/, ' ip -vine, Mayor nc:( -fael ranado, City Clerk Datel Zo V M 4 )/ C21- • • Attest: NK N ORK, LLC, AN ARIZONA :INCORP ORAATISID IIABILITY CORPORATION • �y� 4- CHARGING, INC., ITS MANAGER 4.4� 11� \ 26 l ,�. 1� TED ftv -(yolks--6moAo z A ebb95 Atzsceow-- Print Name and Title Print Name and Title Date: I Q 131 1 ilo APPROVED AS TO FORM & LANGUAGE .& FOR EXECUTIO /e/0)1/ IF City •,tomey rY Dote 29 Proposal Documents 30 Exhibit A Concession Service Zone 1. 7th Street&Collins Avenue (24 hours) 2. 17th Street Garage (24 hours) 3. 13th Street Garage(24 hours) 4. 42nd Street Garage(12 hours) 5. 12th Street&Drexel Garage (24 hours) 6. City Hall Garage, 1755 Meridian Avenue (24 hours) 7. Pennsylvania Avenue Garage (24 hours) 8. Anchor Garage, 16th Street&Collins Avenue (24 hours) 9. Municipal Parking Lot No. P-92, Collins Avenue&72nd Street 10. 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. 31 Exhibit B Concession Area Locations 32 Exhibit C Electric Vehicle Charging Station Blink Level II Wall Mount Charger Simply Smarter Wall Mount Design The Blink Level II Wall Mount Electric Vehicle (EV) Charger provides a convenient method for charging Electric Vehicles.The Blink Level II IAA chargers provides intelligent, user-friendly features. Che■ga an Benefits of Blink's Unique Design �. • Modern and stylish appearance • Easy installation • Convenient cable management for long reach and storage between uses 1 • Connector holster for protection and storage 11772 EV Connector (Standard in the United States) • Updated cord set with ergonomic design • Prevents accidental disconnection • Grounded pole -first to make contact, last to break contact • Can withstand being driven over by a vehicle • Safe for use in wet or dry conditions Touch Screen (). • Convenient, user-friendly touch screen display • Provides charge status and statistics • Pre-loaded with Blink commercial user interface • Ability to capture mileage from EV odometer(fleet) Features • Multiple modes of communication, including wireless (IEEE 802.11g), cellular, 802.15 protocol capable, and LAN • Smartphorte applications for status changes and notifications of 'Updated Cord Set' completion or interruption of charge • Controllable output to support utility demand response requests • Multiple input current settings to accommodate electric service 1Ve; capability • Access to the Blink Network, which provides remote software up- dates, access to web portal, and charging session data 33 • _,...„ -4101 _ bih k .., . ii• J, a C1 CHARGING' Company s' Blink Level II Wall Mount Charger i I Specifications Input Voltage 208 VAC to 240 VAC+/• 10% - *44 ++►+ Input Phase Single Frequency 50/60 Wz f,� :, �_� , Input Current 30 Amps (maximum), 12A, i ;',, 16A, 24A available Breaker Size 40 Amps; settings at /' 15A/20A/30A available h'''" r Output Voltage 208 VAC •240 VAC-r/- 10% - s, Output Phase Single Pilot SAE 11772 compliant Connector/Cable SAE 11772 compliant; Standard Pricing, Fees, and Warranty UL rated at 30A maximum Cable Length 25 feet(approximately) Blink Level II Wall Mount Charger $1,999 Dimensions(ext.) 22" H x 18"W x 5.9/16"D 12-Month Limited Warranty Included Temperature Rating -22°F(-30°C) to 122°F(50°C) Blink Network Connectivity $18 monthly Enclosure NEMA Type 3R; sun-and-heat per charger resistant Certifications NEC article 625 EV charging Service and Maintenance Plans Vary system UL and ULc to 2594 34 Blink Level II Pedestal Charger Simply Smarter Pedestal Design The Blink Level II Pedestal Electric Vehicle (EV) Charger provides a convenient method for charging Electric Vehicles. The Blink Level II — chargers provides intelligent, user-friendly features. Benefits of Blink's Unique Design • Modern and stylish appearance • Easy installation • Convenient cable management for long reach and storage •G between uses • Connector holster for protection and storage • Selective height design for convenient conformity with ADA considerations /Y • 360'beacon light to assist in locating the station 11772 EV Connector (Standard in the United States) • Updated cord set with ergonomic design • Prevents accidental disconnection • Grounded pole first to make contact, last to break contact • Can withstand being driven over by a vehicle • Safe for use in wet or dry conditions Touch Screen • Convenient, user-friendly touch screen display • Provides charge status and statistics • Pre loaded with Blink commercial user interface • Ability to capture mileage from EV odometer(fleet) Features •Updated Cord Set• • Multiple modes of communication, including wireless (IEEE 802.11g), cellular, 802.15 protocol capable, and LAN • Smartphone applications for status changes and notifications of completion or interruption of charge • Controllable output to support utility demand response requests • Multiple input current settings to accommodate electric service capability i • Access to the Blink Network, which provides remote software up- dates, access to web portal, and charging session data 35 . . bi .nk _____. ____ __ , ,„ „ i a CAaCHAZGIN@6 Company .., . N e �• Blink Level II Pedestal Charger Specifications 0 Input Voltage 209 VAC to 240 VAC =/• 104` Input Phase Single Frequency 50/60 Hz Input Current 30 Amps (maximum), 12A, ' 16A, 24A available Breaker Size 40 Amps; settings at 15A/20A/30A available Output Voltage 208 VAC• 240 vAC }/ 109 • Output Phase Single ■ i Pilot SAE 11772 compliant Connector/Cable SAE 11772 compliant; UL rated at 30A maximum Standard Pricing, Fees, and Warranty Cable Length 25 feet(approximately) Blink Level II Pedestal Charger $2,499 Dimensions (ext.) 66” H x 20"W x 17"D Temperature Rating •22'F (•30'C)to 122'F(50'C) 12-Month Limited Warranty Included Enclosure NEMA Type 3R; sun-and-heat Blink Network Connectivity $18 monthly resistant per charger Certifications NEC article 625 EV charging Service and Maintenance Plans Vary system • UL and ULc to 2594 36 Exhibit D Project Schedule 37 Exhibit E Electric Bill 38 Exhibit F Price Schedule Electric Car Charging Fees: Blink Members $.039/kWh Blink Nonmembers (others) $0.49/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 $0.00 Over 30 min $0.05/min 39 Exhibit G Signaqe Actual Size: 12" x 18" AIR • MO • ELECTRIC VEHICLE CHARGING S TAT I N Provided By: Car Charging Group, Inc. 40 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM I, RESOLUTION NO. 2015-29164 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE SOLE PROPOSAL RECEIVED, PURSUANT TO REQUEST FOR PROPOSALS NO. 2015-177-JR (THE RFP), FOR ELECTRIC VEHICLE CHARGING STATIONS FOR THE CITY'S PARKING, FACILITIES, PARKING GARAGES, AND SURFACE LOTS; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE SOLE PROPOSER, BLINK NETWORK, LLC; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A NON- EXCLUSIVE AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, Request for Proposals (RFP) No. 2015-177-JR was issued on July 16, 2015, with an opening date of August 28, 2015, for Electric Vehicle Charging Stations for the City's Parking Facilities, Parking Garages, and Surface Lots ("Project"); and WHEREAS, a pre-proposal conference was held on January 29, 2015; and WHEREAS, a site visit was held on August 10, 2015; and WHEREAS, the City received one (1) proposal from Blink Network, LLC; and WHEREAS, on September 8, 2015, the City Manager, via Letter to Commission, appointed an Evaluation' Committee (the "Committee") consisting of the following three individuals, as well as two alternates, as follows: • Monica Beltran, Assistant Director, Parking Department, City of Miami Beach • Rogelio Madan, Principal Planner, Planning Department, City of Miami Beach • Flavia Tonioli, Sustainability Specialist, Building Department, Environment & Sustainability Division, City of Miami Beach Alternates: • Jeffrey Oris, Division Director, Economic Development Division, Tourism, Culture & Economic Development, City of Miami Beach • Margarita Wells, Environmental Resource Manager, Environment & Sustainability Division, City of Miami Beach; and WHEREAS, the Committee convened on September 30, 2015 to consider the Blink Network, LLC proposal; and WHEREAS, the Committee was provided an overview of the Project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general information on the scope of services, references, and a copy of the proposal; and WHEREAS, the Committee was instructed to score and rank the Blink Network, LLC proposal pursuant to the evaluation criteria established in the RFP; and . WHEREAS, the Committee ranked Blink Network, LLC and found it to be qualified under the RFP; and WHEREAS, after reviewing all the submissions and the Evaluation Committee's rankings, the City Manager exercised his due diligence and is recommending that the Administration be authorized to enter into negotiations with Blink Network, LLC as a responsive and responsible bidder for a non-exclusive agreement. 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 accept the recommendation of the City Manager pertaining to the sole proposal received, pursuant to Request for Proposals No. 2015-177-JR, for Electric Vehicle Charging Stations for the City's Parking Facilities, Parking Garages, and Surface Lots; authorize the Administration to enter into negotiations with the sole proposer, Blink Network, LLC, for a non-exclusive agreement; and further authorize the Mayor and City Clerk to execute a non- -- exclusive agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this /CI day of t . 2015. ATTEST: / , / Rafael E. Granado, f' Clerk Philip )0!7. or ciff �� . 'y '' APPROVED AS TO • �; FORM&LANGUAGE WCORP ORATED' Li &FOR EXECUTION • �24-t- o. , fl f0., 1yJ() %H'2�'' �^Y: City Attorney , Coate • • T:\Agendat2015\October 14\RFP 2015-177-JR Electric Vehicle Charging Stations-Reso.doc • ,COMMISSION ITEM SUMMARY • Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The City Manager Pertaining To The Sole Proposal Received, Pursuant To Request For Proposals (RFP) No. 2015-177-JR, For Electric Vehicle Charging Stations For The City's Parking Facilities, Parking Garages And Surface Lots. Key Intended Outcome Supported: Build and Maintain Priority Infrastructure with Full Accountability Supporting Data(Surveys, Environmental Scan,etc: N/A Item Summary/Recommendation: The City of Miami Beach Parking Department is dedicated to providing environmentally friendly service programs, including hybrid vehicle parking incentives, bicycle sharing, and car sharing, and it intends to increase the number of electric vehicle charging stations at municipal parking facilities to implement a citywide program. The City's goals and objectives are to promote a vision that makes electric vehicles a part of daily life for Miami Beach 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. On July 8,2015,the City Commission approved the issuance of the RFP to seek proposals for a subsequent agreement and a continuing of services,which was issued on July 16,2015,with an opening date of August 28, 2015. A pre-proposal conference was held on July 29, 2015, and a site visit was held on August 10, 2015. The City received one(1) proposal. On September 8, 2015, the City Manager appointed an Evaluation Committee (the "Committee"), which convened on September 30,2015,to consider proposals received.The Committee was instructed to score and rank the sole proposal received pursuant to the evaluation criteria established in the RFP.The results of the evaluation committee process were presented to the City Manager for his recommendation to the City Commission. After reviewing the submission and the Evaluation Committee's rankings of the sole proposal received, the City Manager recommends that the Mayor and the City Commission, pursuant to Request for Proposal (RFP) No. 2015-177-JR, for Electric Vehicle Charging Stations For The City's Parking Facilities, Parking Garages And Surface Lots, authorize the Administration to enter into negotiations with the sole proposer (who has been deemed by the Committee to be qualified), Blink Network LLC. The City Manager also recommends that any agreement reached by the City include a provision of non-exclusivity with regard to the services being provided. This will allow the City flexibility in the future when new garages come online or newer/alternative technologies become available. Finally, the City Manager further recommends that the Mayor and City Clerk be authorized to execute an Agreement upon conclusion of successful negotiations by the Administration. RECOMMENDATION ADOPT THE RESOLUTION. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 N/A 2 3 OBPI Total Financial Impact Summary: N/A—Revenue Generating City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 Sign-offs: Juepartme iDir1ctor Assistant City Manager City M. - ser •' ' i►, ; EW KGB MT JLM A TTT'TTT "` T:wGE NA120151Octobe 141Electric Vehicle Charging Stations for the City's Parking Facilities,Parking Garages and Surfa • -Summary.doc MIAMIBEACH AGENDA ITEM C 7K DATE IO'IY-I) , • . . . 6_-_-1 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISS •N MEMORANDUM TO: Mayor Philip Levine and Members f the City 91 mmission FROM: Jimmy L. Morales, City Manager DATE: October 14, 2015 SUBJECT: A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCE TING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF THE SOLE PROPOSAL RECEIVED, PURSUANT TO REQUEST FOR PROPOSAL NO. 2015-177-JR (THE RFP), FOR ELECTRIC VEHICLE CHARGING STATIONS FOR THE CITY'S PARKING FACILITIES, PARKING GARAGES AND SURFACE LOTS; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Not applicable, revenue generating. BACKGROUND The City of Miami Beach Parking Department is dedicated to providing environmentally friendly service programs, including hybrid vehicle parking incentives, bicycle sharing, and car sharing, and it intends to increase the number of electric vehicle charging stations at municipal parking facilities to implement a citywide program. The City's goals and objectives are to promote a vision that makes electric vehicles a part of daily life for Miami Beach 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. RFP PROCESS On July 8, 2015, the City Commission approved the issuance of the RFP, which was issued on July 16, 2015, with an opening date of August 28, 2015. A pre-proposal conference was held on July 29, 2015. A site visit was held on August 10, 2015. The City received one (1) proposal from Blink Network LLC. On September 7, 2015, the City Manager appointed an Evaluation Committee (the "Committee")consisting of the following individuals: • Monica Beltran, Assistant Director, Parking Department, City of Miami Beach • Rogelio Madan, Principal Planner, Planning Department, City of Miami Beach • Flavia Tonioli, Sustainability Specialist, Building Department, Environment & Sustainability Division, City of Miami Beach Commission Memorandum RFP 2015-177-JR Electric Vehicle Charging Stations for the City's Parking Facilities, Parking Garages and Surface Lots October 14, 2015 Page 2 Alternates: • Jeffrey Oris, Division Director, Economic Development Division, Tourism, Culture & Economic Development, City of Miami Beach • Margarita Wells, Environmental Resource Manager, Environment & Sustainability Division, City of Miami Beach • The Committee convened on September 30, 2015 to consider the sole proposal received. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided general information on the scope of services, references, and a copy of each proposal. The Committee was instructed to score and rank the proposal pursuant to the evaluation criteria established in the RFP. The evaluation process resulted in the following: RFP 2015-177-LR ELECTRIC Monica VEHICLE CHARGING STATIONS Beltran Rogelio Madan Flavia Tonioli Blink Network LLC 95 100 96 Blink Network LLC has been in the business since 2009, and is a pioneer in nationwide public electric vehicle charging services, enabling electric vehicle drivers to easily recharge at locations throughout the United States and Canada. They are headquartered in Miami Beach and have partnerships with numerous municipalities, retailers, commercial real estate firms, parking management firms, etc., and own and operate thousands of charging stations throughout North America. The firm has been operating an electric vehicle charging station within a City parking garage since 2012. MANAGER'S DUE DILIGENCE & RECOMMENDATION After reviewing the submission and the Evaluation Committee's rankings of the sole proposal received, the City Manager recommends that the Mayor and the City Commission, pursuant to Request for Proposal (RFP) No. 2015-177-JR, for Electric Vehicle Charging Stations For The City's Parking Facilities, Parking Garages And Surface Lots, authorize the Administration to enter into negotiations with the sole proposer (who has been deemed by the Committee to be qualified), Blink Network LLC. The City Manager also recommends that any agreement reached by the City include a provision of non-exclusivity with regard to the services being provided. This will allow the City flexibility in the future when new garages come online or newer/alternative technologies become available. Finally, the City Manager further recommends that the Mayor and City Clerk be authorized to execute an Agreement upon conclusion of successful negotiations by the Administration. Commission Memorandum RFP 2015-177-JR Electric Vehicle Charging Stations for the City's Parking Facilities, Parking Garages and Surface Lots October 14, 2015 Page 3 Blink Network LLC (Blink) proposes a comprehensive turnkey installation of Level 2 and Direct Current Fast Charging Stations to the City of Miami Beach. Blink shall pay all cost of installation related to the equipment, including all permitting, licensing, labor and inspection expenses. Blink agrees to supply, install, maintain, service and operate electric vehicle charging stations at the City's selected locations, at Blink's expense. It shall also maintain and replace equipment, as necessary, to keep equipment in good condition and proper working order. The City will have the right to brand the equipment and shall have the right to review and approve all signage. is proposing an initial seven (7) year term and it will remit to the City fifteen percent (15%) of the net profits generated by the equipment, which shall include, but may not be limited to, all revenue generated by fees and advertising, minus any and all taxes, 8% credit card transaction fees, and $18.00 per month, per electric vehicle charging station, in network/connectivity fees related to the operation of the equipment. They have proposed a seven (7) year automatic renewal term and it will remit twenty percent (20%) of the net profits. However, should the City elect to terminate the contract prior to the expiration of the initial term, and Blink Network LLC is not in default of this contract for any reason, the City of Miami Beach shall pay all unamortized additional equipment costs as of the date of termination. CONCLUSION The Administration recommends that the Mayor and the City Commission, approve the resolution accepting the recommendation of the City Manager, pursuant to Request for Proposal (RFP) No. 2015-177-JR, for Electric Vehicle Charging Stations for the City's Parking Facilities, Parking Garages and Surface Lots. JLM/KBG/MT/SF/EW/AD/ LR T:WGENDA\2015\October 14\Procurement\RFP 2015-177-LR Electric Vehicle Charging Stations -Memo.doc r ATTACHMENT B REQUEST FOR PORPOSAL (RFP) AND ADDENDUMS M AmR3FACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachf.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 ADDENDUM NO. 2 REQUEST FOR PROPOSALS NO. 2015-1.77-JR ELECTRIC VEHICLE CHARGING STATIONS AUGUST 3, 2015 This Addendum to the above-referenced RFP is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFP is amended in the following particulars only. I. REVISION: A voluntary site visit is scheduled for August 10, 2015 at 9 a.m., beginning at the garage located at 210 7th Street, and thereafter we will visit the locations in the order listed below. Please confirm your attendance by sending an email to the Lourdes Rodriguez at lourdesrodriquezmiamibeachfl.qov. • 7th Street & Collins Avenue (210 7th Street) • 12th Street & Drexel Garage • 13th Street & Collins Avenue Garage (1301 Collins Avenue) • Anchor Garage, 16th Street& Collins Avenue (1550 Collins Avenue) • 17th Street and Pennsylvania Avenue Garage (1661 Pennsylvania Avenue) • City Hall Garage, 1755 Meridian Avenue • 42nd Street Garage (400 W. 42nd Street) • Municipal Parking Lot No. P-92,,Collins Avenue & 72nd Street II. RESPONSES TO QUESTIONS RECEIVED: Q1. Is the City of Miami Beach looking to share profits and make money on the operation, or just break even and cover any costs there may be to the City? Al. The City is seeking to receive a share of the revenues generated from the electric vehicle station provider. It is up to each firm to propose how it will share revenues with the City. • Q2. Prospective proposer is interested in visiting the locations listed in the RFP so that it may prepare the best possible response for the City. How does prospective proposer arrange location visits for our licensed electrical team? A2. A voluntary site visit has been scheduled for August 10, 2015 at 9 a.m. !// effing argaZakt. .111:E• <' 019139 ZEIZESMESIIIM 4111= CCM=1.11.191710(81105921 Q3. Is there a cost/budgetary estimate available for this project? A3. Please see response to question #1. 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 RafaelGranado @miamibeachfl.gov. Procurement Contact: Telephone: Email: Lourdes Rodriguez 305-673-7000, ext. 6652 LourdesRodriguez @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. Potential proposers that have elected not to submit a response to the RFP are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Si,j,� , A ' Denis ro6rement Director • • e ms adiESEIr. e l▪awsgsmaxiamerstaaratess City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 ADDENDUM NO. 1 REQUEST FOR PROPOSALS NO. 2015-177-JR ELECTRIC VEHICLE CHARGING STATIONS JULY 29, 2015 This Addendum to the above-referenced RFP is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFP is amended in the following particulars only. I. REVISION: 1. The Procurement Contact for this RFP has changed. Please see below. It CLARIFICATION: 1. Proposers will not be responsible for parking facility fees, but rather individuals charging their • electric vehicles in the City's parking facilities, be it a garage or surface parking lot, would be responsible for paying the corresponding parking fees for the time period that their vehicle is in the facility. The. City will not be making a concession to waive parking fees for that period of time. 2. Please be advised that the Procurement Department is moving to a new location listed below and therefore, responses are to be delivered to the following address: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, FL 33139 Note: THIS LOCATION IS NOT IN CITY HALL. Vendors are cautioned to become familiar with the new location prior to the due date for bids or proposals. Late bids or proposals will not be accepted. 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 RafaelGranado @miamibeachfl.gov. Procurement Contact: Telephone: Email: Lourdes Rodriguez 305-673-7000, ext. 6652 LourdesRodriguez @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. Potential proposers that have elected not to submit a response to the RFP are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a pro's l `' C ement (Director V ATTACHMENT C CONSULTANTS RESPONSE TO THE (RFP) REQUEST FOR PROPOSALS ( RFP) ELECTRIC VEHICLE CHARGING STATIONS FOR THE CITY'S PARKING FACILITIES, PARKING GARAGES AND SURFACE LOTS. RFP No. 2015- 177-JR RFQ ISSUANCE DATE: JULY 16, 2015 REQUEST FOR PROPOSAL DUE: AUGUST 28, 2015 ISSUED BY: MIAMIBEACH Joe V. Rodriguez, CPPB, FCCM, Procurement Coordinator PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3'd Floor, Miami Beach, FL 33139 305.673.7000 x 6263 I Fax: 786.394.54941 oerodriguez @miamibeachfl.gov www.miamibeachfl.gov I MIAMI BEACH C TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS 3 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 10 0400 PROPOSAL EVALUATION 12 APPENDICES: PAGE APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 14 APPENDIX B "NO PROPOSAL" FORM 21 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 23 APPENDIX D SPECIAL CONDITIONS 28 APPENDIX E COST PROPOSAL FORM 30 APPENDIX F INSURANCE REQUIREMENTS 32 RFP 2015-177:R 2 MIAMI BEACH SECTION 0200-INSTRUCTIONS TO RESPONDENTS &GENERAL CONDITIONS 1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]") if this RFP results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective Proposer who has received this RFP by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City of Miami Beach Parking Department ("Parking") is dedicated to providing environmentally friendly service programs, including hybrid vehicle parking incentives, bicycle sharing, and car sharing, and it intends to increase the number of electric vehicle charging stations at municipal parking facilities to implement a citywide program. In the United States, San Francisco, Sacramento, Austin, Detroit, Los Angeles, New York, Orlando, Redmond, and Washington, D.C. have established self-service electric vehicle charging station programs in their facilities. The City's goals and objectives are to promote a vision to make electric vehicles a part of daily life for Miami Beach 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. 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 a greater convenience and further promotes the use EVs. Benefits to the City include improved air quality, quieter and more livable streets, and decreased dependency on fossil fuels. The availability of strategically placed charging stations throughout the City provides a greater convenience and further promotes the use EVs. Benefits to the City include improved air quality, quieter and more livable streets, and decreased dependency on fossil fuels. It is anticipated that the program would also be integrated with other alternative modes of transportation, such as transit/park and ride and car-sharing programs. The various travel modes will also be coordinated with the City's various parking facilities. Firms that provide electric vehicle charging stations should propose a business model that is advantageous to both users and the City. In return, the firm may: use municipal parking spaces to provide their services; assess a fee for the use of electric vehicle charging stations; and revenue share with the City. It is anticipated that the program would also be integrated with other alternative modes of transportation, such as transit/park and ride and car-sharing programs. The various travel modes will also be coordinated with the City's various parking facilities. • RFP 2015-177-JR 3 MIAMI BEACH The contractor shall be responsible for obtaining and paying 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 related to the installation and proper functioning of the charging stations. 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. 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: RFP Issued July 16, 2015 Pre-Proposal Meeting July 29, 2015 at 10:00 AM Deadline for Receipt of Questions August 12, 2015 at 5:00 PM Responses Due August 28, 2015 at 3:00 PM Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing Negotiations TBD Contract Negotiations Following Commission Approval Procurement Contact: Telephone: Email: Joe V. Rodriguez, CPPB, FCCM 305-673-7490, EXT 6263 joerodriguez(a.miamibeachfl.gov Additionally, the City Clerk is to be copied on all communications via e-mail at: Rafaelgranado(c�miamibeachfl.gov; or via facsimile: 786-394-4188. 5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A Pre-PROPOSAL conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach City Hall -4th Floor City Manager's Small Conference Room 1700 Convention Center Drive Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 4142489# Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFQ expressing their intent to participate via telephone. 6. 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). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. 4 RFP 2015-177-JR MIAMI BEACH 7. CONE OF SILENCE. 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 http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. 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. 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.gov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE . CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the proposal due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2- 371 shall be barred. 11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a five (5) point preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s)or which is a service-disabled veteran business enterprise. 12. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of Proposals, will be considered by the City Manager who 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 Manager's recommendation need not be consistent with the scoring results identified herein 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. 5 RFP 2015-177-JR MIAMI BEACH (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 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. Upon approval of selection by the City Commission, negotiations between the City and the selected Proposer(s) will take place to arrive at a mutually acceptable Agreement. 13. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to reject any or all proposals prior to award. Reasonable efforts will be made to either award the Contract or reject all proposals within one- hundred twenty (120) calendar days after proposals opening date. A Proposer may not withdraw, its proposals unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of proposals opening. 14. PROPOSER'S RESPONSIBILITY. Before submitting a Proposal, 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. 15. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense)of the Proposer, and shall not be reimbursed by the City. 16. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 17.TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 18. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFP. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 19. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. Invoices must be consistent with Purchase Order format. 20. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the Proposer uses any 6 RFP 2015-177JR MIAMI BEACH design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 21. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract. Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws. 22. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 23. ANTI-DISCRIMINATION. The Proposer certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 24. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require Proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. 25. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to 7 RFP 2015-177-JR MIAMI BEACH any person, company or corporation, without the prior written consent of the City. 26. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 27. OPTIONAL CONTRACT USAGE. When the successful Proposer(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 28. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 29. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then C. The solicitation; then D. The Proposer's proposal in response to the solicitation. 30. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs,judgments, and attorney's fees which may be incurred thereon. The contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 32. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (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 8 RFP 2015-177-JR l . MIAMI BEACH exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and 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 public agency in a format that is compatible with the information technology systems of the public agency. 33. MODIFICATIONIWITHDRAWALS OF PROPOSALS.A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 34. EXCEPTIONS TO RFP. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to(as said term and/or condition was originally set forth on the RFP). 35. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. Balance of Page Intentionally Left Blank 9 RFP 2015-177JR MIAMI BEACH SECTION 0300-PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. 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 sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Proposals that do not include the required information will be deemed non- responsive and will not be considered. TAB 1 Cover Letter& Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix "A" fully completed and executed. 1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum qualifications requirements established in Appendix C, Minimum Requirements and Specifications. TAB 2 Experience&Qualifications 2.1 Proposers Qualifications. Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies. For each project that the Proposer submits as evidence of similar experience, the following is required: project description, agency name, agency contact, contact telephone&email, and year(s) and term of engagement. 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each Proposal team member to be assigned to this contract. 2.3 Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer 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. RFP 2015-177JR 10 MIAMI BEACH TAB 3 Scope of Services Proposed Submit detailed information addressing how Proposer will achieve each portion of the statement of work required and technical requirements outlined in Appendix C, Minimum Requirements and Specifications. Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the Evaluation Committee to complete a fully review and score the proposed scope of services. TAB 4 Approach and Methodology Submit detailed information on how Proposer plans to accomplish the required scope of services, including detailed information, as applicable, which addresses, but need not be limited to: implementation plan, project timeline, phasing options, testing and risk mitigation options for assuring project is implemented on time and within budget. TAB 5 Revenue Sharing Proposal Submit a completed Revenue Sharing Proposal Form (Appendix E). Note: 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 RFP 2015-177JR MIAMI BEACH SECTION 0400• PROPOSAL EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the solicitation. If further information is desired, Proposers may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the proposals only. The Evaluation Committee does not make an award recommendation to the City Manager. 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. 2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may: review and score all proposals received, with or without conducting interview sessions. Step1 -Qualitative Criteria Maximum Points Proposers Qualifications 25 Scope of Services Proposed 25 Approach and Methodology 25 TOTALAVAILABLE STEP 1 POINTS 3. Step 2 Evaluations. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive additional quantitative criteria points to be added by the Department of Procurement Management to those points earned in Step 1, as follows. Step 2-QuantitativeCriteria Revenue Sharing Proposal 25 Veterans Preference 5 TOTAL AVAILABLE STEP 2 POINTS 4. Revenue Proposal Evaluation.The revenue Proposal points shall be developed in accordance with the following formula: Sample Objective Formula for Revenue Vendor Vendor Example Maximum Formula for Calculating Points Total Revenue Allowable Points (highest revenue I revenue of Proposal Points Proposal (Points noted are for being evaluated X maximum allowable Awarded illustrative purposes only. points=awarded points) Actual points are noted above.) Round to Vendor A $200.00 30 $200 I$200 X 30=30 30 Vendor B $150.00 30 $2001$150 X 30=22.5 22.5 Vendor C $100.00 30 $2001$100 X 30=15 15 RFP 2015-)77JR 12 MIAMI BEACH 5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to rankings in accordance with the example below: ;Proposer A _ Proposer B Proposer C' Step 1 Points 82 76 80 Step 2 Points 22 15 12 Committee Total 104 91 92 Member 1 Rank 1 3 2 Step 1 Points 79 85 72 Step 2 Points 22 15 12 Committee Total 101 100 84 Member 2 Rank 1 2 3 Step 1 Points 80 74 66 Step 2 Points 22 15 12 Committee Total 102 89 78 Member 2 Rank 1 2 3 Low Aggregate.Score 3 7 • 8 Final Ranking* _ 1 2 3 * Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. 13 RFP 2015-177-JR APPENDIX A MAM IBEACH Proposal Certification , Questionnaire & Requirements Affidavit RFP 2015 - 177 - JR ELECTRIC VEHICLE CHARGING STATIONS FOR THE CITY'S PARKING FACILITIES, PARKING GARAGES AND SURFACE LOTS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 14 RFP 2015-177JR r Solicitation No: Solicitation Title: Electric Vehicle Charging Stations for the City's Parking Facilities, RFQ 2015-177-JR Parking Garages and Surface Lots Procurement Contact: Tel: Email: Joe V. Rodriguez,CPPB, FCCM 305-673-7000, x.6263 _ joerodriguezna miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE& REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information: FIRM NAME: No.of Employees: No of Years in Business: No of Years in Business Locally: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek 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. 15 RFP 2015-177-JR 1. Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposers must disclose,in their Proposal,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 Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers 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. Proposers must also disclose the name of any City employee who owns,either directly or indirectly, an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates 3. Litigation History. Respondent shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last ten years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If"No" litigation or regulatory action has been filed against your firm(s),please provide a statement to that effect.Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Prime Respondent shall submit history of litigation or regulatory action filed against respondent,or any respondent team member firm,in the past ten(10)years. If Respondent has no litigation history or regulatory action in the past 10 years,submit a statement accordingly. 4. References&Past Performance.Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 5. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by any public sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Department of Procurement Management with its proposal/response or within five(5)days upon receipt of request. The Code shall, at a minimum, require the Proposer,to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 16 RFP 2015-177-JR SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. benefits,and$12.92/hr without benefits. . . • 9. 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 proposals, 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. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? YES NO C. 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. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer 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 (attached)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 at www.miamibeachfl.gov/procurement. 17 RFP 2015-177-R 10. Public Entity Crimes.Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals, proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 11. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer 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. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 _ 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. 18 RFP 2015-177JR DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipients convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award,or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses.The solicitation is being provided by the City without any warranty or representation, express or implied,as to its content, its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors,omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses.At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. 19 RFP 2015-177-JR PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed,or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Prososal Certification, Questionnaire and Resuirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of FLORIDA ) On this day of , 20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of Florida My Commission Expires: 20 RFP 2015-177JR APPENDIX B MIAMI BEA " No Bid " Form RFP 2015 - 177 - JR ELECTRIC VEHICLE CHARGING STATIONS FOR THE CITY'S PARKING FACILITIES, PARKING GARAGES AND SURFACE LOTS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Note: It is important for those vendors who have received notification of this solicitation but have decided not to respond, to complete and submit the attached "Statement of No Bid." The "Statement of No Bid" provides the City with information on how to improve the solicitation process. Failure to submit a "Statement of No Bid" may result in not being notified. of future solicitations by the City. 21 RFP 2015-177-JR Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal _Insufficient time to respond _ Specifications unclear or too restrictive _ Unable to meet specifications _Unable to meet service requirements Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. OF PROCUREMENT MANAGEMENT ATTN: Joe V. Rodriguez, CPPB, FCCM PROPOSAL No. 2015-177-JR 1755 Meridian Avenue, 3`d Floor MIAMI BEACH, FL 33139 RFP 2015-177-JR 22 i APPENDIX C MAM BEACH Minimum Requirements & Specifications RFP 2015 - 177 - JR ELECTRIC VEHICLE CHARGING STATIONS FOR THE CITY'S PARKING FACILITIES, PARKING GARAGES AND SURFACE LOTS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 2015-177-JR 23 Cl. MINIMUM ELIGIBILITY CRITERIA C1.1 The successful Proposer must have been in business at least three (3) years, providing self-service electric vehicle charging station services, must demonstrate a level of expertise, technical knowledge, innovation, and overall capacity to provide self-service electric vehicle charging station services during variable periods of demand, including any unforeseeable circumstances. SUBMITTAL REQUIREMENT: For each client listed, provide proof of such service, proof shall include: client name, client representative, client representative email address and telephone number; contract number, dates of award and brief scope of work. C2. STATEMENT OF WORK REQUIRED The City 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 RFP. The City intends to enter into a 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 selected Proposer will be required to implement a program which should enable the public to utilize AC Level 2 and/or DC Fast Charge electric vehicle charging stations. 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 entering into an EV charging station program. C3. SPECIFICATIONS The successful Proposer must provide an electric vehicle charging station program which includes the following networking capabilities and benefits; C3.1 Electric Vehicle charging station infrastructure for AC Level 2 and/or DC Fast Charge that is open to all drivers without requiring subscription. C3.2 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. C3.3 A revenue stream to pay for electricity, capital equipment, operation and maintenance. C3.4 Ability for drivers to find charging stations via web enabled cell phones. C3.5 Notification by SMS, text or email when charging is complete. RFP 2015-177-JR 24 C3.6 Authenticated access to eliminate energy theft. C3.7 Authorized emergencies for safety where 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. C3.8 Remote monitoring and diagnostic for superior quality of service. C3.9 Smart Grid integration for utility load management with future Vehicle-to- Grid (V2G) capabilities when feasible. C3.10 Green House Gas savings calculations per vehicle. C3.11 Comply with Miami-Dade County/Miami Beach Building Codes and electrical codes. C3.12 Comply with relevant regional or local standard for electrical connectors, such as SAE Surface Vehicle Recommended Practice J1772, SAE Electric Vehicle Conductive Charge Coupler. C3.13 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. 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". The firm shall propose business model(s) that are advantageous to the end users as well as the City and promote the use of electric vehicles. The City wishes to preserve flexibility for itself in entering into an EV Charging Station. Program. Accordingly, we will adhere to the following sequence; C4. LOCATIONS OF CITY PARKING FACILITIES The City's parking facilities are located at; C4.1 7th Street & Collins Avenue (24 hours) C4.2 17th Street Garage (24 hours) C4.3 13th Street Garage (24 hours) C4.4 42nd Street Garage (12 hours) C4.5 12th Street& Drexel Garage (24 hours) C4.6 City Hall Garage, 1755 Meridian Avenue (24 hours) C4.7 Pennsylvania Avenue Garage (24 hours) C4.8 Anchor Garage, 16th Street & Collins Avenue (24 hours) C4.9 Municipal Parking Lot No. P-92, Collins Avenue & 72nd Street C4.10 Other municipal surface parking lots as may be identified. C5. INSTALLATION C5.1 Proposer to provide full details on installation procedures and any applicable structure requirements. C5.2 Power: Proposer to provide details on the access to power to be provided by the City. RFP 2015-177-JR 25 r C6. PREVENTIVE MAINTENANCE All Electric Vehicle Charging Stations network shall be maintained on a quarterly basis. Contractor shall schedule a service visit within two (2) weeks after notification of contract award to ensure electric vehicle charging stations are in proper working condition. Proposer shall provide the City of Miami Beach a preventive maintenance schedule. Preventive maintenance is defined as repairs, parts, supplies, and labor required to bring charging stations to operational specifications, and includes the following, but not limited to: C5.1 Conduct quarterly site visits. Preventive maintenance shall include inspection, testing using an emulator device, cleaning, checking connector's wires and holster, and overall functionality of the stations. C5.2 Record and document damaged charging stations using digital photography. C5.3 Have trained technicians working on the charging stations at all times. C5.4 All non-working charging stations shall have visible signage identifying the station(s) as being "temporarily out of service" and decommission non- working stations until repairs are completed. C5.5 Decommission non-working charging stations until they are repaired. If charging stations are removed from site, all exposed wires shall be covered by junction box. C7. CUSTOMER SERVICE SUPPORT C6.1 Contractor shall provide customer service support (telephone, web interface or e-mail) during normal business hours (8:00 AM — 5:00 PM Eastern Standard Time) to City authorized representatives. C6.2 Charging Stations shall have visible signage identifying their customer services support (telephone, web interface or e-mail) and hours of operation. C8. COMMUNICATION AND REPORTING Contractor shall provide the Contract Manager; C7.1 An annual Preventive Maintenance schedule at the beginning of each contract year. C7.2 Weekly updates on all Standard and Emergency services that are in process and completed. Reports are due on Monday before noon and shall include; a. Station location and address b. Service date c. Station status d. Resolution e. Date of schedule repair f. Date of completion RFP 2015-177-JR 26 C7.3 Quarterly reports on maintenance and repairs. Reports are due on the 31d day of every quarter and shall include; a. Station location and address b. Service date c. Test routines d. Station status e. Resolution f. Date of repair C9. Contract Terms: Proposer to provide a sample contract. RFP 2015-177-JR 27 r APPENDIX D MIAMI BEACH Special Conditions INTENTIONALLY OMITTED RFP 2015 - 177 - JR ELECTRIC VEHICLE CHARGING STATIONS FOR THE CITY'S PARKING FACILITIES, PARKING GARAGES AND SURFACE LOTS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 2015-177JR 28 I, P APPENDIX E I BEACH . M A M Revenue Sharing Proposal Form RFP 2015 - 177 - JR ELECTRIC VEHICLE CHARGING STATIONS FOR THE CITY'S PARKING FACILITIES, PARKING GARAGES AND SURFACE LOTS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 2015-177JR 29 I ■ APPENDIX E REVENUE SHARING PROPOSAL FORM Failure'to submit Revenue Sharing Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being`deemed non-responsive and being rejected. Proposer affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this RFP, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Proposal Tender Form shall be completed mechanically or, if manually, in ink. Sharing Revenue Proposal Form completed in pencil shall be deemed non-responsive.All corrections on the Proposal Tender Form shall be initialed. MINIMUM PERCENT GUARANTEED ANNUAL SHARED REVENUE TO BE PAID TO THE CITY FOR CONCESSION RIGHTS Write Annual Revenue Percent Annual Revenue Percents•e Percent. % During negotiations the City reserves the right to.negotiate all elements of the revenue sharing proposal. Proposer's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: RFP 2015-177-JR 30 APPENDIX F Insurance Requirements RFP 2015 - 177 - JR ELECTRIC VEHICLE CHARGING STATIONS FOR THE CITY'S PARKING FACILITIES, PARKING GARAGES AND SURFACE LOTS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 2015-177JR 31 MIAMI BEACH INSURANCE REQUIREMENTS The provider shall furnish to Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance as required by Florida, with Statutory limits and Employer's Liability Insurance with limit of no less than$1,000,000 per accident for bodily injury or disease. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, contractual liability, 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 all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence,for bodily injury and property damage. D. Umbrella Liability with limits no less than $5,000,000. The umbrella coverage must be as broad as the primary General Liability coverage. Additional Insured Status The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor. Waiver of Subrogation Contractor hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. Verification of Coverage Contractor shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section. All certificates of insurance and endorsements are to be received prior to any work commencing. However, failure to obtain the required coverage prior to the work beginning shall not waive the Contractor's obligation to provide them. The City of Miami Beach reserves the right to require complete,certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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. Certificate Holder CITY OF MIAMI BEACH do PROCUREMENT DEPARTMENT 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 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. RFP 2015-177-JR 32 7\ Z/LI.- sCHAGING114 Blink Network- LLC a subsidiary of Car Charging Group, Inc. Response to RFP No. 2015-177-JR Electric Vehicle Charging Stations For The City's Parking Facilities, Parking Garages and Surface Lots NA\ .0 14 ,11 e'co r--- * INCORP pRATED vb. 40I ca 9-57,44., Vel-.1 \\\,\ City of Miami Beach Blink Network,LLC a subsidiary of Car Charging Group,Inc. RFP No.2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach,FL 33139 (305)521-0200 x 223 1 Th CCHGING TAB 1 -Cover Letter& Minimum Qualifications Requirements 1.1 Table of Contents TAB 1- Cover Letter& Minimum Qualificatiohs Requirements 2 1.1 Table of Contents 2 1.1 Cover Letter 1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A) . `, 4 1.3 Minimum Requirements `^ ' ' - - ' ' ' ^ 5 ' . C1. Minimum Eligibility Criteria 5 - [3. Statement of Work Required �� ` � � 8 C3. Specifications 13 C4. Locoti�nsqfCkvPad�n�FmdUUes ' ` -' `'� - ' ' ^' ' ' 16 . C5. Installation 17 C6. Preventative Maintenan 20 _ [/. [ustonner Service Support � 31 C8. Communication and Reporting .` 22 C9. Contract Terms: Proposer roxd sample contract. ' ' '' . . ' ' 23 TAB 2-Experience & Qualifications ` ' 24 Resumes For Each P Team Member TAB 3-Scope of Services Proposed ' � _ 33 TAB 4-Approach and Methodology `^ --' 37 • , 41 Appendix E - Sharing P nP / Fu Form - _ � � 42 Appendix F-Insurance Requirements �� ' � �� 43 Attachment- Code ofEthic� 45 ' - Attachment- Blink Level 3 Electric Vehicle Charging n Specification Sheet -' '46 Attachment- Blink DCFC Electric Vehicle Charging Station Specification Sheet 47 • • • Blink Network, LLC a subsidiary of Ca Charging Group, In . RpP No.Zgl5-u77-JR Attention:Ted Manser,Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach FL 33139 (305)521-0200 x 223 2 , ; 1.1 Cover Letter August 24,2015 Lourdes Rodriguez,CPPB, Procurement Coordinator City of Miami Beach-Procurement Department 1755 Meridian Ave.,3`d Floor Miami Beach, FL 33139 Subject: City of Miami Beach RFP No. 2015-177-JR for Electric Vehicle Charging Stations Dear Ms. Rodriguez, Please accept this submission of Blink Network, LLC a subsidiary of CarCharging Group, Inc's qualifications in response to the City of Miami Beach's request for proposals for turnkey Level 2 and Direct Current Fast Charging electric vehicle charging station design,delivery, installation and operation at multiple publicly accessible City-owned parking locations. As the nation's leading electric car charging service provider, CarCharging is uniquely positioned to be a top vendor for this project. CarCharging fully supports the City of Miami Beach's goals to make electric vehicles a part of daily life for Miami Beach residents and visitors while decreasing fossil fuel dependency and improving air quality by making electric vehicle charging stations available and convenient. CarCharging provides a comprehensive full service program to commercial and residential property owners for EV charging services. By providing EV charging services to property owners and removing their responsibility for equipment maintenance, billing or customer service issues, CarCharging provides their clients with a risk-free, peace of mind experience. With over 13,550 charging points nationwide, we have proven track record of success and look forward to partnering with the City of Miami Beach for the successful completion of the electric vehicle charging station deployment. Please find enclosed the following documents in response to Request for Proposal, for the installation and maintenance of plug in electric vehicle charging stations for the City of Miami Beach. • One(1)original proposal in 3-ring binder • Ten (10)copies of bound.proposals • One(1)Compact Disk(CD)with PDF's of Proposal and Exhibits If you should need additional information please don't hesitate to contact me. Thank you for the opportunity to bid on this project. I look forward to your response. Sincer � Andy Kinard President Blink Network,LLC a subsidiary of CarCharging Group, Inc. (305)521-0200 ext.202 Andy @carcharging.com 1691 Michigan Ave.,Suite 601Miami Beach, FL 33139 Blink Network, LLC a subsidiary of Car Charging.Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28, 2015 1691 Michigan Ave.,Suite 601 • Miami Beach, FL 33139 (305)521-0200 x 223 3 CHiGINGTM 1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix Al Blink Network,LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 4 APPENDIX A B EA, H Proposal Certification , Questionnaire Requirements Affidavit RFP 2015 - 177 -JR ELECTRIC VEHICLE CHARGING STATIONS FOR THE CITY'S PARKING FACILITIES, PARKING GARAGES AND SURFACE LOTS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 14 RFP 2015-177-IR 1 Solis cation No: Solicitation Title: Electric Vehicle Charging Stations for the City's Parking Facilities, RFC 201 5 177 JR Parking Garages and Surface Lots Procurement Contact: - Tel: Email; • Joe V.Rodriguez,CPPB, FCCM 305-673-7000,x.6263 .i iarnibc ichfl raui r:LR"i IFiCATIOFJ, QUESTIONNAIRE RE(.lJIi EMENTS A.FFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed: 1. General Proposer Information: FIRM NAME: Blink Network, LLC a subsidiary of Car.Charging Group, Inc. No of Employees: 47 No of Years In Business: No of Yeats in Businoss Locally: 9 9 IOTHER NAWI_(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: Car Charging Group, Inc. FIRM PRIMARY ADDRESS(HEADOUARTERS): -— 1691 Michigan Ave., Suite 601 CITY: Miami Beach STATE: - - — - "ZIP CODE:— Florida 33139-2563 TELEPHONE NO:: (305) 521-0202 TOLL FREE NO.: (888) 998-2546 FAX NO.: - (305) 521-0201 FIRM LOCAL ADDRESS: - 1691 Michigan Ave., Suite 601 _. - __ CITY: Miami Beach STATE: ZIP CODE: Florida _ 33139-2563 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Ted Manser ACCOUNT REP TELEPHONE NO.: (305) 521-0200 x 223 ACCOUNT REP TOLL FREE NO.: (888)998-2546 x 223 ACCOUNT REP EMAIL: tmanser @carcharging.com FEDERAL TAX IDENTIFICATION NO.: 03-0608147 The City reserves the right to seek 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. 15 RFP 2015-177-JR 1. Veteran Owned Business.Is Proposer claiming a veteran owned business status? YES X NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposers must disclose,in their Proposal,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 Proposers must disclose the name of any City employee who owns,either directly or indirectly,an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers 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. Proposers must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more In the Proposer entity or any of its affiliates 3. Litigation History. Respondent shall submit a statement of any litigation or regulatory action that has been filed against your firm(s)in the last ten years. If an action has been filed, state and describe.the litigation or regulatory action filed,and identify the court or agency before which the action was instituted,the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If"No" litigation or regulatory action has been filed against your firm(s),please provide a statement to that effect.Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor In the selection process. Untruthful,misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT:Prime Respondent shall submit history of litigation or regulatory action filed against respondent,or any respondent team member firm,in the past ten(10).years.If Respondent has no litigation history or regulatory action in the past 10 years,submit a statement accordingly. 4. References&Past Performance.Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following,information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address;4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 5. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by any public sector agency? YES I X' NO SUBMITTAL REQUIREMENT: If answer to above is"YES,"Proposer shall submit a statement detailing the.reasons that led to action(s). 6. Vendor Campaign Contributions.Proposers are expected to be or become familiar with.the City's Campaign Finance Reform laws, as codified In Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (Including your sub-consultants)with a controlling financial Interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directiy or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Departnient of Procurement Management with its proposal/response or within five(5)days upon receipt of request.The Code shall,at a minimum,require the Proposer,to comply with all applicable,governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 16 RFP 2015-177-JR SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at wvnv.miamibeachfl.govlprocurementl, ' ._. • • a!? . •: Miami-Bea6h-Giity-6e Wended-from time to time, Propesers shallk rovidaservices-purl rly-living-wage-rates•liste4.below, al-year 2012 13(October 1,2012),the hourly living rat INieefitar ithsut benefits, The-living-wage-rate-and-health-car f-the-City-Com ally-for infation "°, .",a-Censum r-Prica.Index-far-al - ..• _.•.. ,_ -• - aude rtment-of-L-atoe-s tistics,--Notwithstand' x-shall-e ity-may also,by reselutioarelect-not-to-i rtiicular-ysarrif-it tscally-sound-te-imptement -I-- C. . . . .. . • . - - . _ .Il-be-deeme oposairuun at-it - .-_ _.t sec-as-non-respe ject-RropO a . •. -_ ..'• . ' • Wage-Qrdl rmetion-on--t av curementi: SIiaM1TTn: REQi IREMENT• No-additional-submittal is required.By virtue cf executing-this-affi 9, 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 proposals,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. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? X YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners'or to domestic partners of employees? X YES NO C. 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. BENEFIT Firm Provides for Firm Provides for Firm does not Employees,with Employees with Provide Benefit Spouses Domestic Partners Health. X X Sick Leave X X Family Medical Leave X X Bereavement Leave X X If Proposer 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 (attached)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 at www.miamibeachfi.govlprocurement. • 17 RFP 2015-177JR • 10, Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal, proposal, or reply on a contract to.provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s. 2"11 017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,Proposer agrees with the requirements of Section 287.133,Florida Statutes.and certifies it has not been placed on convicted vendor list. 11. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer 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. Initial to Confirm Initial to Conflrm Inital to Confirm „Receipt Roceipt Receipt 00541— Addendum 1 Addendum 6 Addendum 11 ) 1! ' Addendum 2 I Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 ` I Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. • 18 • RFP 2015-177JR • DISCLOSURE AND UISCtA1MER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipients convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Proposals,or in cancelling awards:or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals,may accept or reject proposals,and may accept proposals which deviate from the solicitation,as it deems appropriate and in its best interest.In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant Including, without limitation, the applicants affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The Information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipients own risk. Proposers should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,its accuracy,or its completeness.No warranty or representation is made by the City or Its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this so_licitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law, All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses.At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation.By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto,or any action or inaction by the City with respect thereto,such liability shall be limited to 510,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation,it is understood that the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. 19 PFP 2015-1771R CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal: Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation,all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed,or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any `. ! other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses,data and information contained in this proposal, • inclusive of the Pro+osal Certification,Questionnaire and Re•uirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposers Authorized Representative: Mr.Andy Kinard • President Signature of Prols• other' ,Representative: Date: July 17, 2015 State of FLORIDA ) on this day of .Y::1.A ,20j5 personally appeared before me who County Of inkan ) stated that (s)he is the Por.—% e.-;w� of C am-uY:f;,-(LLo?a corporation, and that the instrument was signed in behalf.of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of Florida My Commission Expires: AetzA l { ; 2_C,%:7,5 voldiknamariabillhealtrIbisargegibiemege "- 1a 911.WWEQAS 1 �} i, (UM wit•Stale of Fbl@a 4 ' • C5man.Expires Apr 17.20184 } ,f ComIssion El 114197 20 REP 2015-177 JR MS .asir. Adlilfta. City of Miami Roach, I7r:Cl :Cnv■■8,:o i_„r1Wr Urrvu,Midm.Ci u , t Io-rido'.;'I 11(, 1.4^r,1! ii;1∎,11 1 ii.{tad PROCUREMENT DEPARTMENT let. �0:.,77-1.74Y0 ADDENDUM NO. 1 REQUEST FOR PROPOSALS NO. 2015-177-JR ELECTRIC VEHICLE CHARGING STATIONS JULY 29, 2015 This Addendum to the above-referenced RFP is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFP is amended in the following particulars only. I. REVISION: 1 The Procurement Contact for this RFP has changed. Please see below. II. CLARIFICATION: 1. Proposers will not be responsible for parking facility fees, but rather individuals charging their electric vehicles in the City's parking facilities, be it a garage or surface parking lot, would be responsible for paying. the corresponding parking fees for the time period that their vehicle is in the facility. The City will not be making a concession to waive narking fees for that period of time. 2, Please be advised that the Procurement Department is moving to a new location listed below and therefore, responses are to be delivered to the following address: City of Miami Beach Procurement Department 1755 Meridian Avenue, Floor Miami Beach, FL 33139 Note: THIS LOCATION IS NOT IN CITY HALL. Vendors are cautioned to become familiar with the new location prior to the due date for bids or proposals. Late bids or proposals will not be accepted. Any questions regarding this Addendum should he 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 RafaelGranado @miamibeachfl.gov. Procurement Contact:. I Telephone: — I Email: uLourdes Rodriguez , 305-673-7000, ext. 6652 1 Lourdes Rodriguez@miamibeachfI.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. Potential proposers that have elected not to submit.a response to the RFP are requested to complete and return the "Notice to Prospective Bidders” questionnaire with the reason(s) for not submitting a proposel,1 // I /it r %r ncerplY/'/ , 7 . ;+�' .Uis._ ' . �-focur`ement Director Bona�+ Ciiy of hiiurtti B,;r,Gh, I!ifi',;11.,;wir1r C,nab;f Dr vii.M;uim P^1e1+,f1n114,4q 3 3 13 v.w a t:••. i.i.` PROCUREMENT DEPARWMENT Iei: 3(1)5)13•7 490 ADDENDUM NO. 2 REQUEST FOR PROPOSALS NO. 2015-177-JR ELECTRIC VEHICLE CHARGING STATIONS AUGUST 3, 2015 This Addendum to the above-referenced RFP is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFP is amended in the following particulars only. I. REVISION: • A voluntary site visit is scheduled for August 10, 2015 at 9 a.m., beginning at the garage located at 210 7'" Street, and thereafter we will visit the locations in the order listed below. Please confirm your attendance by sending an email to the Lourdes Rodriguez at lourf,les;odrique @miamlbearhfl.cto , • 7"' Street & Collins Avenue (210 7'h Street) • 12th Street & Drexel Garage • 131' Street & Collins Avenue Garage (1301 Collins Avenue) • Anchor Garage, 16th Street & Collins Avenue (1550 Collins Avenue) • 171h Street and Pennsylvania Avenue Garage (1661 Pennsylvania Avenue) • City Hall Garage, 1755 Meridian Avenue • 42nd Street Garage (400 W. 42"d Street) • Municipal Parking Lot No. P=92, Collins Avenue & 7210 Street II. RESPONSES TO QUESTIONS RECEIVED: QI. Is the City of Miami Beach looking to share profits and make money on the operation, or just break even and cover any costs there may be to the City? Al. The City is seeking to receive a share of the revenues generated from the electric vehicle station provider, It is up to each firm to propose how it will share revenues with the City. Q2. Prospective proposer is interested in visiting the locations listed in the RFP so that it may prepare the best possible response for the City. How does prospective proposer arrange location visits for our licensed electrical team? A2. A voluntary site visit has been scheduled for August 10, 2015 at 9 a.m. ag91116b. . Q3. is there.a cost/budgetary estimate available for this project? A3. Please see response to question #1, 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 RafaslGranado@miamibeachfl.gov, Procurement Contact: Telephone: —1PEmail: Lourdes Rodriguez 305-673-7000, ext. 6652 LourdesRodriguez @miamlbeachfl.ov Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. Potential proposers that have elected not to submit a response to the RFP are requested to complete and return the ''Notice to Prospective Bidders.' questionnaire with the reason(s) for not submitting a proposal. ry Sincerely, t` Ater; Denis `Procurement Director • CiCHiGINGTh 1.3 Minimum Requirements C1. Minimum Eligibility Criteria C1.1 The successful Proposer must have been in business at least three(2)years,providing self- service electric vehicle charging station services, must demonstrate a level of expertise, technical knowledge, innovation, and overall capacity to provide self-service electric vehicle charging station services during variable periods of demand, including an r�unforeseeable circumstances. Company Information Founded in 2009, CarCharging Group, Inc. ("CarCharging") (OTCQB: CCGI) is a publicly traded company and a pioneer in nationwide public Electric Vehicle ("EV")charging services, enabling EV drivers to easily recharge at locations throughout the United States and Canada. Headquartered at 1691 Michigan Ave., Suite 601, Miami Beach, FL 33139 with offices in San Jose, CA; New York, NY; and Phoenix, AZ, CarCharging's business model is designed to accelerate the adoption of public EV charging. CarCharging employs forty-seven full-time team members and manages more than 13,550 charging points in 35 states. CarCharging has partnerships with numerous municipalities, retailers, commercial real estate firms, parking management firms, etc.,and owns and operates thousands of charging stations across the United States and Canada. Blink Network, LLC and/or ifs affiliates, all of which are wholly owned subsidiaries of CarCharging will be responsible for signing the agreement with the City of Miami Beach and will manage the project. CarCharging provides a comprehensive turnkey program to commercial and residential property owners for EV charging services. CarCharging typically operates the EV charging equipment; manages the installation, maintenance, and related services. By providing EV charging services to property owners and removing their responsibility for equipment maintenance, billing, liability, or customer service issues, CarCharging provides their clients with a risk-free, peace of mind experience. CarCharging currently owns, operates and maintains two electric vehicle-charging stations at the 13th street garage under a pilot program with the City of Miami Beach. CarCharging works with other equipment manufacturers: Although CarCharging is providing information on the Blink electric vehicle charging stations in response to this RFP, CarCharging is committed to creating a robust, feature-rich network for EV charging. CarCharging uses state-of-the- art equipment that is consistently upgraded in response to the evolving EV industry. CarCharging is a "technology agnostic" company that purchases charging stations and is not, in contrast to our competitors, dependent on any single manufacturer. CarCharging owns and operates EV charging equipment manufactured by Blink, Aerovironment, ChargePoint, Efacec, General Electric, Nissan, SemaConnect, and owns the Blink Network, a turnkey operating system that operates, monitors, and tracks the Blink stations and all of the charging data. CarCharging's Level 2 electric vehicle charging stations are compatible with EVs sold in the United Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 5 coxxicHARGING �M States including the Tesla Model S, Nissan LEAF, Chevy Volt, Mitsubishi i-Miev, Toyota Prius Plug-In, Honda Fit EV, and Toyota Rav4 EV, as well as many others scheduled for release over the next few years. CarCharging's Direct Current Fast Charging ("DCFC") electric vehicle charging stations enable eligible vehicles to fully charge within a period of 20-40 minutes. SUBMITTAL REQUIREMENT:For each client listed,provide proof of such service,_prooLshall include: client name, client representative, client representative email address and telephone number; contract number, dates of award and brief scope of work. References The City of Miami Beach, Florida has been a partner since June 2012. CarCharging provided turnkey EVSE services for, and is the current owner and operator of, two EV charging points within a City of Miami Beach parking garage. Both EV charging points are in a high-traffic publicly accessible, municipal parking garage and support an EV car-sharing program:managed by Hertz. Client Name: City of Miami Beach, FL Address: 1755 Meridian Avenue, 2nd Floor, Miami Beach, FL 33139 Client Representative: Saul Francis, Director Parking Department Telephone Number: 305-673-7000 x6200 E-Mail: saulfrancis @miamibeachfl.gov Dates of Award: June 2012 Contract Number: RFP No. 18-10/11 Scope of Work: Own and operate two public EVSE for City of Miami Beach pilot program. McDonald's USA, LLC has been a client since December 2012. CarCharging provides turnkey EVSE services for, and is the current owner and operator of more than 65 EV charging points nationally. Client Name: McDonald's USA, LLC Address: 2111 McDonald's Drive Department 043-P4W Oakbrook, IL 60523 Client Representative: Jason Greenberg, Lead Engineer Telephone Number: 630-623-5767 E-Mail: jason.greenberg @us.mcd.com Dates of Award: December 2012-Present Contract Number: , N/A Scope of Work: Own and operate over 65 public EV charging stations The Pennsylvania Turnpike Commission has been a client since July 2014. CarCharging provides turnkey EVSE services for, and is the current owner and operator of Level 2 a_nd DC Fast Charging Stations at the Service Plazas on the Pennsylvania Turnpike. Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager D ue:August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 6 CCHAGINGu Client Name: Pennsylvania Turnpike Commission Address: 700 S. Eisenhower Blvd., Middletown, PA 17057 Client Representative: Vince Buser, Engineer Project Manager Telephone Number: 717-831-7434 E-Mail: vbuser @paturnpike.com Dates of Award: July 2014- Present Contract Number: 4100061610 Scope of Work: Own and operate more than 20 Level 2 and DC fast charging stations at service plazas located on the Pennsylvania Turnpike. The City of Hollywood, Florida has been a partner with CarCharging since April 2012. CarCharging provided turnkey Electric Vehicle Supply Equipment (EVSE) services for, and is the current owner and operator of three EV charging stations within the City of Hollywood's properties. Two EV charging stations are in high-traffic publicly-accessible municipal parking garages in downtown Hollywood, and one is at a high-traffic publicly-accessible, municipal parking garage serving a beachfront park. Client Name: City of Hollywood, Florida Address: 2600 Hollywood Blvd., P.O. Box 229045, Hollywood, FL 33022 Client Representative: Mr. Ben Schneider, P arking Operations Superintendent Telephone Number: 954-921-3535 E-Mail: bschneider @hollywoodfl.org Dates of Award: April 2012 Contract Number: N/A Scope of Work: Own and operate three public EV charging stations The City of Norwalk, Connecticut has been a partner with CarCharging since October 2012. CarCharging provided turnkey EVSE services for, and is the current owner and operator of, four EV charging stations within the City of Norwalk's properties. Three EV charging points are in Norwalk and one is in New Haven. All are in high-traffic publicly accessible, municipal parking garages. Client Name: City of Norwalk/ Norwalk Parking Authority Address: 125 East Avenue, No rwalk, CT 06851 Client Representative: Kathryn R. Hebert Telephone Number: 203-854-7736 E-Mail: khebert@norwalkct.org Dates of Award: October 2012 Contract Number: N/A Scope of Work: Own and operate four public EV charging stations Blink Network,LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser, Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 7 cAgtcHaGING TM C2. Statement of Work Required The City 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 Park ing System, in accordance with the terms,conditions, and specifications contained in this RFP. The City intends to enter into a 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 selected Proposer would be required to implement a program that should enable the public to utilize AC Level 2 and/or DC Fast Charge electric vehicle charging stations. 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 Cit wishes to •reserve flexibilit for-itself in enterin: into an EV char:in: station •ro:ram. Proposal: CarCharging proposes providing a comprehensive turnkey installation of Level 2 and Direct Current Fast Charging Electric Vehicle Charging Stations ("EVCS")to the City of Miami Beach, CarCharging shall pay all costs of installation related to the Equipment, including all permitting, licensing, labor and inspection expenses. Future project phases may include additional charging stations. CarCharging agrees to supply, install, maintain, service and operate electric vehicle charging stations (the "Equipment") at City of Miami Beach's selected locations, at CarCharging's expense. CarCharging shall maintain and replace equipment, as necessary, to keep equipment in good condition and proper working order. CarCharging will have title and ownership of the electric charging stations for the duration of the agreement. Charging stations will be accessible to the general public. The City of Miami Beach will have the right to brand the equipment. The City of Miami Beach will have the right to review and approve all signage. Revenue percentage split: For the initial seven (7) year term of the Agreement, CarCharging shall remit to the City of Miami Beach fifteen percent (15%) of the net profits generated by the Equipment, which shall include, but may not be limited to, all revenue generated by the EV charging fees and advertising, minus any and all taxes, 8%credit card transaction fees, and $18.00 per month, per EV charging station, in network/connectivity fees related to the operation of the Equipment. For the renewal term of seven (7) years, CarCharging shall remit to the City of Miami Beach twenty percent (20%) of the net profits generated by the Equipment, which shall include, but may not be limited to, all revenue generated by the EV charging fees and advertising, minus any and all taxes, 8% credit card transaction fees, and $18.00 per month, per EV charging station, in network/connectivity fees related to the operation of the Equipment. Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 8 CCHGINGN CarCharging will be responsible for all electric charges applicable to the Equipment (the "Electricity Charges") and will reimburse the City of Miami Beach for all electricity used by the charging stations. All expenses will accrue into the next month until fully paid. CarCharging shall determine, arrange for and supervise all revenue collection generated by the Equipment. Monthly Service Fee Rates Per Station: Network Connectivity Fees related to operation of equipment are $18.00 per month, per EV charging station. Credit Card Transaction Fees—8% Equipment Fees- $0 Maintenance Fees- $0 Term: The Term of this Agreement shall be seven (7) years commencing upon the installation date of the Equipment, as agreed upon by Client and Provider in the Installation Acknowledgment Form, to be supplied by Provider (the "Initial Term"). The Term shall automatically renew for a seven (7) year term and second seven (7) year term (each, a "Renewal Term") unless Provider informs Client of its intent to terminate prior to the expiration of the Term or any applicable Renewal Term. The agreement shall continue after the Renewal Term on a month-to-month basis until either party submits written notice to terminating the agreement. The City of Miami Beach may terminate with 30 days notice after year one. Should the City of Miami Beach elect to terminate the contract prior to the expiration of the Initial Term, and CarCharging is not in default of this contract for any reason, the City of Miami Beach shall pay CarCharging all unamortized Additional Equipment costs as of the date of termination. Payment: CarCharging shall issue the Revenue Payment to the City of Miami Beach before the fifteenth (15`h) day of each subsequent month for the applicable revenue period. Each payment will be accompanied by a report, which will detail the number of transactions and gross revenue received by CarCharging for the prior month. By partnering with CarCharging and accepting this risk-free approach, the City of Miami Beach can earn revenue from EV charging fees, enjoy all the benefits of providing EV charging services, and be recognized locally and nationally for leadership in promoting the EV industry at minimal cost to the City. Blink Network,LLC a subsidiary of Car Charging Group, Inc. RFP No•: 2015-177-JR Attention: Ted Manser, Grants Manager Due:August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach,FL 33139 (305)521-0200 x 223 9 CCHJGINGN Approach, Methodology and Work Plan Approach Car Charging proposes to install, operate, and maintain Blink Level 2 and Blink Direct Current Electric Vehicle Charging Stations, as appropriate, at various Parking and Surface Lots in the City of Miami Beach including the following City parking facilities located at: 1. 7th Street & Collins Avenue—Install two (2) Blink Level 2 charging stations. 2. 17`h Street Garage--Install two (2) Blink Level 2 charging stations. 3. 13`h Street Garage—Install two (2) Blink Level 2 charging stations. 4. 42nd Street Garage—Install two (2) Blink Level 2 charging stations. 5. 12`h Street & Drexel Garage—Install two (2) Blink Level 2 charging stations. 6. City Hall Garage, 1755 Meridian Avenue—.Install two (2) Blink Level 2 charging stations. 7. Pennsylvania Avenue Garage_Install two (2) Blink Level 2 charging stations. 8. Anchor Garage, 16th Street & Collins Avenue—Install two (2) Blink Level 2 charging stations. 9. Collins Avenue & 72nd Street— Install two (2) Blink Level 2 charging stations. 10. Any other municipal surface parking lots that may be identified. This proposal includes, but is not limited to, the following: • Provide full design services to integrate existing electrical power to the proposed EVSE stations; • Develop complete construction ready plans and documents for supplying power to EVSE stations per City standards and requirements; • Secure all related permits and coordinating with utility companies and permitting agencies; • Activate and test the EVSE stations once installation of the proposed EVSE stations is complete. Methodology ✓ CarCharging provides turnkey electric vehicle charging solutions utilizing state of the art equipment. V. The electric vehicle charging stations would be installed and maintained at no cost to the City of Miami Beach. ✓ The City of Miami Beach will be reimbursed for all electricity used by the charging stations. The charging stations contain internal meters that accurately measure the amount of electricity consumed by the units and can be monitored remotely. • The charging stations are capable of communicating their locations to the Internet and smart. phone (iPhone, Blackberry and Android) applications so that they may easily be found by electric vehicle owners. Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 10 ". ' �CHA GINGTM ✓ Users pay CarCharging for the use of the charging station at the time of use. A portion of all revenues received from the charging stations installed in the City of Miami Beach (including any advertising revenues), plus the reimbursement for any electricity consumed by the charging stations will be paid to the City of Miami Beach on a monthly basis. ✓ Based upon the usage of the charging stations, CarCharging will determine whether it is necessary to move existing stations and/or to install additional charging stations. ✓ CarCharging handles all customer usage, billing and customer issues. ✓ CarCharging's business model is designed so that it generates revenue for the City of Miami Beach without creating any cost to the City of Miami Beach. Work Plan The first step in the installation process was an overall site review of each City of Miami Beach Garage where our agents evaluated the, properties and have determined the most visible and electricity- accessible location(s) for the EV charging units. The visibility of units is vitally important, especially in the first round of installations, because better familiarity and awareness of EV charging locations will alleviate "range anxiety" (the fear of being stranded without electricity because no chargers are available) in potential consumers and EV purchasers. If Blink Network is awarded this opportunity, our electrician will obtain the necessary permits and will add any required additional capacity to the electric panels to accommodate future industry growth. Upon installation, the units will be tested and commissioned. Once the units are commissioned, their exact location will be available on EV charging station map(s) and mobile phone application(s) so that they may be located and utiliied by EV drivers. CarCharging's implementation of the Project will require completion of the following projected milestones: * 1. Project Administration (month 1) - Once an agreement is executed between CarCharging and City of Miami Beach, we estimate that it will take 60-90 days for all permitting to be completed. 2. Finalize Agreements (month 1) — CarCharging staff will execute agreements with sub-contractors and establish project accounting/billing procedures. This milestone can be executed simultaneously with Project Administration. 3. Finalize Site Plan/Engineering Design (month 1) —CarCharging and its sub-contractors have already evaluated the properties and have identified optimal locations for the installation of charging stations. We will use local electricians to obtain the necessary permits and add any required Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention: Ted Manser,Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 11 CCHAiGINGTh additional capacity to the electric panels in order to accommodate future growth. All EV charging station installations are completed in compliance with state and local codes and regulations. 4. Equipment Installation (month 2) - It is estimated that upon delivery of the equipment and obtaining final permit approval, CarCharging can complete the construction/installation activities within 2-3 weeks. Upon installation, the units will be commissioned and tested by CarCharging. Once the units are commissioned, the EV charging station location(s) and detail(s) will be available on EV charging station map(s) and mobile phone application(s) so that drivers may find and utilize the stations. CarCharging will furnish and install all material, equipment, and labor for EVSE station signage and pavement markings. 5. EVSE Operations, Service and Maintenance Program (ongoing) — CarCharging and/or its designated local subcontractor(s) will implement the Operations, Service and Maintenance Program for the life of the Project. Units that are not working, that do not pose a safety hazard, will be repaired and available for public use within 10 business days. CarCharging handles all service and maintenance issues including all parts and labor for all installed Equipment. 6. Data Collection and Reporting (ongoing)—CarCharging staff will provide: • Electric vehicle charging station usage reports on a monthly basis; • Real-time access to online reports; • An annual preventative maintenance schedule at the beginning of each contract year • Weekly updates on all Standard and Emergency services that are in process and completed. Reports will be provided on Monday before noon an shall include; station location and address, service date, station status, resolution, date of scheduled repair, date of completion; • Quarterly reports on maintenance and repairs. Reports will be provided by the 3rd day of every quarter and shall include; station location and address, service date, station status, resolution, date of scheduled repair, date of completion. * Please note, that each task in the timeline may vary depending on the following factors: (a) local permitting procedures, (b) complexity' of installations, and (c) infrastructure construction requirements. C3. Specifications The successful Proposer must provide an electric vehicle charging,station program that includes the following networking capabilities and benefits: C3.1 Electric Vehicle charging station for AC level 2 and/or DC Fast Charge that is open to all drivers without requiring subscription. CarCharging proposes installing AC level 2 and/or DC Fast Charging stations that will be open to all electric vehicle drivers without requiring subscription. CarCharging offers mobile phone and credit card-based payment options — no subscription required: EV drivers that utilize CarCharging's electric Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No.2015-1.77-JR Attention:Ted Manser,Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 12 CiCHAGINGTh vehicle charging stations do not need to be `members' of CarCharging. Any EV driver can pay for CarCharging's EV charging services at any unit simply with a credit card. CarCharging's units also accept payment via an RFID card, through a mobile application, or by calling the toll-free number located on the machine to initiate the payment process. Drivers can become Blink members for free; review pricing policies, and pinpoint electric vehicle charging station locations on the Blink Network at www.BlinkNetwork.com or via the Blink mobile application (app). C3.2 Provide AC Level 2 charging that transfers 240 volts(p 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. CarCharging proposes installing Blink AC Level 2 charging stations that transfer 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 Blink DC Fast Charging stations that transfer a high voltage (typically 400-500 volts or 32- 100Kw, depending on the electrical current) of direct current to vehicle batteries. Please find specification sheet for the Blink Level 2 charging station and the Blink Direct Current Fast Charging Stations attached to this proposal. C3.3 A revenue stream to •a for electricit ca•ital e•ui•ment o•eration and maintenance. CarCharging charges electric vehicle drivers a fee to utilize the electric vehicle charging stations. This fee is used to pay for electricity, capital equipment, operation and maintenance of the electric vehicle charging stations. The current fee structure in Florida is .39 per kilowatt-hour for Blink Members and .49 per kilowatt-hour for Blink Non-Members (Membership is free at www.blinknetwork.com) at Level 2 charging stations. The current fee structure in Florida is .59 per kilowatt-hour for Blink Members and .69 per kilowatt-hour for Blink Non-Members (Membership is free at www.blinknetwork.com) at DC Fast Charging stations. C3.4 Ability for drivers to find charging stations via web enabled cell phones. Blink Mobile Application: Electric vehicle drivers are able to locate public Blink, GE, SemaCharge, and ChargePoint.EV charging stations, and to initiate and pay for EV charging sessions at GE WattStations and SemaCharge stations that are owned and operated by CarCharging, via the free Blink Mobile web enabled iPhone, iPad, iPod touch and Android cell phone and tablet applications. Users may download the free Blink mobile app to receive SMS/email messages to alert them when their charge has completed so they can disconnect their vehicle and avoid any excess fees by visiting: http://www.blinknetwork.com/mobile.html Driver Support Services: The free CarCharging Mobile app allows users to locate public Blink chargers whether or not they are Blink Members. Users may use their current location or manually set a location to find the closest charger locations—all marked by pin icons. The free CarCharging Mobile app allows users to view Blink charger information and status: Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser, Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 13 • CACHAGING Users may tap a charger location pin to view Blink charger information and status, such as: • Type of charging available (Level 2 or DC Fast Charger) • Charging status (available, in use or offline) • Charger pricing and description • Host site information The free CarCharging Mobile app allows users to receive charging status updates: The charging status feature notifies u sers of any updates to the status of their charging station via a notification icon. Check the status of your charge at home or on the go. Notifications include: • Charging • Charging Completed • EV Unplugged • Fault Occurrence View/Edit Account and Notification Settings: Users may choose how they receive charging status updates and notifications (email or SMS text messages) and define default charging locator settings using GPS or default zip code. Additionally, electric vehicle drivers are able to locate Blink electric vehicle charging stations via various charging station locator webpages including but not limited to: The Alternative Fuels Data Center Electric Vehicle Charging Station Locator (http://www.afdc.energy.gov/fuels/electricity locations.html) The Blink Network Electric Vehicle Charging Station Locator (http://www.blinknetwork.com/blinkMap.html) PlugShare—Electric Vehicle Charging Station Locator (http://www.plugshare.com) C3.5 Notification by SMS, text or email when charging is complete. The free Blink Mobile application notifies users of any updates to the status of their charging station. Notifications include: charging, charging completed, EV unplugged and notice of fault occurrence. The free Blink Mobile application is available for download for iOS and Android devices via the App Store and Google Play. C3.6 Authenticated access to eliminate energy theft. The Blink network provides drivers authenticated access to the charging stations to eliminate energy theft. All Blink EVCS have internal safety systems that ensure that electricity will not flow until communications with the vehicle have been established. The Blink DCFC has an internal lock inside of Blink Network,LLC a subsidiary of Car Charging Group,Inc. RFP No.2015-177-JR Attention:Ted Manser, Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 14 cilaipcHARGINGDA the coupler that prevents the coupler from being removed while energy is flowing. If an attempt is made to disconnect the Blink Level 2 power coupler during a charging session, the session will be interrupted and power will stop flowing to the vehicle. Tamper resistant seal and tamper resistant bolts on the Blink Level 2 charging stations limit physical access to the inside workings of the charging station. Keyed locks on the Blink DCFC limit physical access to the inside workings of the charging station. Additionally, all Blink electric vehicle charging stations have internal safety systems that will stop the flow of energy to the vehicle if a ground fault is detected. C3.7 Authorized emergencies for safety where proposer should provide a detailed account of their system's safety measures; user instructions; user preventative safety measures; and user instructions in case of emergencies. All Blink electric vehicle charging stations have been tested to meet or exceed all applicable UL safety standards. All Blink electric vehicle charging stations have internal safety systems that will stop the flow of energy to the vehicle if a ground fault is detected. All Blink electric vehicle charging stations have internal safety systems that ensure that electricity will not flow until communications with the vehicle have been reestablished. Tamper resistant seal and/or tamper resistant bolts on the Blink level 2 charging station limits physical access to the inside workings of the charging stations. If an attempt is made to disconnect the Blink DCFC power coupler during a charging session,the session will be interrupted and power will stop flowing to the vehicle. Keyed locks on the Blink DCFC limit physical access to the inside workings of the charging station. An external emergency stop switch is located in close proximity to the DCFC as part of the installation process. All Blink electric vehicle charging stations incorporate the following safety features: • Charge circuit interruption device (CCID) with automatic test • Ground monitoring circuit • Nuisance-tripping avoidance and auto re-closure • Interlocks with EV drive system so EV cannot drive when connector is inserted in vehicle inlet • De-energizes EVSE if connector and cable are subjected to strain • Charge current interrupting device (CCID) with automatic test feature for personal protection • Connector parts are de-energized until latched in vehicle inlet • Safe in wet or dry use Car Charging Group's Blink Network offers toll free 7-day of the week customer support and on-going maintenance programs for Blink EVSEs. EVSE technical support can also be reached by email (NOC @blinknetwork.com). Should an EVSE unit demonstrate usability issues that may point to required maintenance, the EV driver or a representative from SCE can call our toll-free number 1-888- 998-2546 listed on the EVSE unit and report the issue to Car Charging Group. Technicians will first attempt to remotely troubleshoot the unit, should field service be required, Car Charging Group will utilize members of our local team to repair or replace the EVSE unit or part(s) or component(s). Blink Network, LLC a subsidiary of Car Charging Group,Inc. RFP No.2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach,FL 33139 (305)521-0200 x 223 15 C1CHGING DA C3.8 Remote monitoring and diagnostic for superior quality of service. The Blink Network enables remote real-time monitoring and diagnostics of the charging stations for superior quality of service. C3.9 Smart Grid integration for load management with future Vehicle-to-Grid (V2G) capabilities when feasible. Blink electric vehicle charging stations are "Smart Grid" compatible, with Time-Of-Use (TOU) pricing and Demand Response (DR) capabilities. C3.10 Green House Gas savings calculations per vehicle. The Blink network offers online access to real-time reports,and monthly reports that include Green House Gas savings calculations per vehicle. Other reporting data available includes: Current Charge State, Last Charge Summary, Location Charge History, Monthly Plugin History, Weekly Charge Hours, Weekly Usage Profile, Serial Number(String), Charge Event ID (Integer), Charge Start Time (Timestamp), Charge End Time (Timestamp), Power Event ID (Integer), Power Start Time (Timestamp), Power End Time (Timestamp), Max Peak Power(Decimal), Cumulative Energy (Decimal), Client Charge ID (String), Power Flow ID (Integer), Segment (Integer), Segment Start Time (Timestamp), Segment End Time (Timestamp), Segment Average Power (Decimal),Segment Max Peak Power (Decimal), Segment Total Kwh (Decimal) C3.11 Comply with Miami-Dade County/ Miami Beach Building Codes and Electrical Codes. CarCharging will comply with all Miami-Dade County/ Miami Beach building codes and electrical codes. C3.12 Comply with relevant regional or local standards for electrical connectors, such as SAE Surface Vehicle Recommended Practice J1772, SAE Electric Vehicle Conductive Charge Coupler. CarCharging will comply with relevant regional or local standards for electrical connectors, such as SAE Surface Vehicle Recommended Practice.11772, SAE Electric Vehicle Conductive Charge Coupler on the Blink Level 2 electric vehicle charging stations and the CHAdeMO Charging Coupler on the Blink DC Fast Charging electric vehicle charging stations. C3.13 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. Blink electric vehicle charging stations are "Smart Grid" compatible, with Time-Of-Use (TOU) pricing and Demand Response (DR) capabilities. C4. Locations of City Parking Facilities The City's parking facilities are located at: C4.1 7th Street &Collins Avenue(24 hours) C4.2 17th Street.Garage(24 hours) C4.3 13th Street Garage(24 hours) Blink Network,LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Ma_nage_r Due:August 28, 201.5 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 16 CiC -1iGING DA C4.4 42"d Street Garage(12 hours) C4.5 12th Street& Drexel Garage(24 hours) C4.6 City Hall Garage, 1755 Meridian Avenue (24 hours) C4.7 Pennsylvania Avenue Garage(24 hours) C4.8 Anchor Garage, 16th Street &Collins Avenue (24 hours) C4.9 Municipal Parking Lot No. P-92, Collins Avenue& 72nd Street C4.10 Other municipal surface parking lots as may be identified. CarCharging will adhere to the installation sequence provided above. C5. Installation C5.1 Proposer to fully provide details on installation procedures and any applicable structure requirements. Approach Car Charging proposes to install, operate, and maintain Blink Level 2 and Blink Direct Current Electric Vehicle Charging Stations, as appropriate, at various Parking and Surface Lots in the City of Miami Beach including the following City parking facilities located at: 1 7th Street & Collins Avenue– Install two (2) Blink Level 2 charging stations. 2 17th Street Garage–Install two (2) Blink Level 2 charging stations. 3 13th Street Garage–Install two (2) Blink Level 2 charging stations. 4 42"d Street Garage–Install two (2) Blink Level 2 charging stations. 5 12th Street & Drexel Garage–.Install two (2) Blink Level 2 charging stations. 6 City Hall Garage, 1755 Meridian Avenue– Install two (2) Blink Level 2 charging stations. 7 Pennsylvania Avenue Garage (24 hours)–Install two (2) Blink Level 2 charging stations. 8 Anchor Garage, 16th Street & Collins Avenue-Install two (2) Blink Level 2 charging stations. 9 Municipal Parking Lot No. P-92, Collins Avenue &72nd Street–Install two (2) Blink Level 2 charging stations. 10 Other municipal surface parking lots as may be identified. This proposal includes, but is not limited to, the following: • Provide full design services to integrate existing electrical power to the proposed EVSE stations; • Develop complete construction ready plans and documents for supplying power to EVSE stations per City standards and requirements; • Secure all related permits and coordinating with utility companies and permitting agencies; • Activate and test the EVSE stations once installation of the proposed EVSE stations is complete. Methodology Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No.2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 17 c ! �CHJ GING ✓ CarCharging provides turnkey electric vehicle charging solutions utilizing state of the art equipment. ✓ The electric vehicle charging stations would be installed and maintained at no cost to the City of Miami Beach. ✓ The City of Miami Beach will be reimbursed for all electricity used by the charging stations. The charging stations contain internal meters that accurately measure the amount of electricity consumed by the units and can be monitored remotely. ✓ The charging stations are capable of communicating their locations to the Internet and smart phone (iPhone, Blackberry and Android) applications so that they may easily be found by electric. vehicle owners. ✓ Users pay CarCharging for the use of the charging station at the time of use. A portion of all revenues received from the charging stations installed in the City of Miami Beach (including any advertising revenues), plus the reimbursement for any electricity consumed by the charging stations will be paid to the City of Miami Beach on a monthly basis. ✓ Based upon the usage of the charging stations, CarCharging will determine whether it is necessary to move existing stations and/or to install additional charging stations. ✓ CarCharging handles all customer usage, billing and customer issues. ✓ CarCharging s business model is designed so that it generates revenue for the City of Miami Beach without creating any cost to the City of Miami Beach. Work Plan The first step in the installation process was an overall site review of each City of Miami Beach Garage where our agents evaluated the properties and have determined the most visible and electricity- accessible locations)for the EV charging units. The visibility of units is vitally important, especially in the first round of installations, because better familiarity and awareness of EV charging locations will alleviate "range anxiety" (the fear of being stranded without electricity because no chargers are available) in potential consumers and EV purchasers. If Blink Network is awarded this opportunity, our electrician will obtain the necessary permits and will add any required additional capacity to the electric panels to accommodate future industry growth. Upon installation, the units will be tested and commissioned. Once the units are commissioned, their exact location will be available on EV charging station map(s) and mobile phone application(s) so that they may be located and utilized by EV drivers. Blink Network,LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention: Ted Manser,Grants Manager Due:August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach,FL 33139 (305)521-0200 x 223 18 CCHJGING TM CarCharging's implementation of the Project will require completion of the following projected milestones: 1. Project Administration (month 1) - Once an agreement is executed between CarCharging and City of Miami Beach, we estimate that it will take 60-90 days for all permitting to be completed. 2. Finalize Agreements (month 1) — CarCharging staff will execute agreements with sub-contractors and establish project accounting/billing procedures.This milestone can be executed simultaneously with Project Administration. 3. Finalize Site Plan/Engineering Design (month 1)—CarCharging and its sub-contractors have already evaluated the properties and have identified optimal locations for the installation of charging stations. We will use local electricians to obtain the necessary permits and add any required additional capacity to the electric panels in order to accommodate future growth. All EV charging station installations are completed in compliance with state and local codes and regulations. 4. Equipment Installation (month 2) - It is estimated that upon delivery of the equipment and obtaining final permit approval, CarCharging can complete the construction/installation activities within 2-3 weeks. Upon installation, the units will be commissioned and tested by CarCharging. Once the units are commissioned,the EV charging station location(s) and detail(s)will be available on EV charging station map(s) and mobile phone application(s) so that drivers may find and utilize the stations. CarCharging will furnish and install all material, equipment, and labor for EVSE station signage and pavement markings. 5. EVSE Operations, Service and Maintenance Program (ongoing) — CarCharging and/or its designated local subcontractor(s) will implement the Operations, Service and Maintenance Program for the life of the Project. Units that are not working, that do not pose a safety hazard, will be repaired and available for public use within 10 business days. CarCharging handles all service and maintenance issues including all parts and labor for all installed Equipment. 6. Data Collection and Reporting (ongoing) —CarCharging staff will provide: • Electric vehicle charging station usage reports on a monthly basis; • Real-time access to online reports; • An annual preventative maintenance schedule at the beginning of each contract year • Weekly updates on all Standard and Emergency services that are in process and completed. Reports will be provided on Monday before noon an shall include; station location and address, service date, station status, resolution, date of scheduled repair, date of completion; • Quarterly reports on maintenance and repairs. Reports will be provided by the 3`d day of every quarter and shall include; station location and address, service date, station status, resolution, date of scheduled repair, date of completion. Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 19 iTM * Please note, that each task in the timeline may vary depending on the following factors: (a) local permitting procedures, (b) complexity of installations, and (c) infrastructure construction requirements. C5:2 Power: Proposer to provide details on the access to power to be provided by the City. The City of Miami Beach will be responsible for providing electricity and maintaining the electric meter serving the EVCS (the City is able to obtain a better per kilowatt/hour rate than CarCharging). CarCharging will be responsible for all electricity consumed from the use of the EVCS on the property and shall reimburse, as applicable,the City of Miami Beach for all consumption of electricity. CarCharging will provide monthly usage reports to validate billing and will reimburse the City of Miami Beach within thirty (30) days following receipt of the monthly electricity invoice. CarCharging shall issue the revenue payment before the fifteenth (15th) day of each subsequent month to the applicable revenue period. C6. Preventative Maintenance As specified by the City of Miami Beach, CarCharging shall ensure that all Electric Vehicle Charging Stations networks are maintained on a quarterly basis. CarCharging shall schedule a service visit within two (2) weeks after notification of contract award to ensure electric vehicle charging stations are in. proper working condition. CarCharging will develop and provide the City of Miami Beach a preventative maintenance schedule. Preventative maintenance is defined as repairs, parts, supplies, and labor required to bring charging stations to operational specifications,and includes the following, but not limited to: C6.1 Conduct quarterly site visits. Preventative maintenance shall include inspection, testing using an emulator device, cleaning, checking connector's wires and holster, and overall functionality of the stations. Upon award, CarCharging will conduct quarterly site visits and will supply preventative maintenance including inspection, testing using an emulator device, cleaning, checking connector's wires and holster, and overall functionality of the stations. C6.2 Record and document damaged charging stations using digital photography. CarCharging will record and document damaged charging stations using digital photography. C6.3 Have trained technicians working on the charging stations at all times. CarCharging will have trained and licensed technicians working on the charging stations at all times. C6.4 All non-working charging stations shall have visible signage identifying the station(s)as being "temporarily out of service"and decommission non-working stations until repairs are completed. Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 20 CjohiacHAameiNGim CarCharging will ensure that all non-working charging stations shall have visible signage identifying the station(s) as being"temporarily out of service" and will decommission non-working stations until repairs are completed. C6.5 Decommission non-working charging stations until they are repaired. If charging stations are removed from site, all exposed wires shall be covered by junction box. CarCharging will ensure that all non-working charging stations are decommissioned until repairs are completed. If charging stations are removed from site, CarCharging shall ensure that all exposed wires shall be covered by a junction box. C7. Customer Service Support C7.1 Contractor shall provide customer service support (telephone,web interface or e-mail) during normal business hours(8:00 AM—5:00 PM Eastern Standard Time)to City authorized representatives. CarCharging's policy is, and always has been, that customer service and satisfaction come first. Our goal for our Call Center is to achieve First Contact Resolution for every call. CarCharging offers a toll free 7-day a week (8:00 AM —2:00 AM Eastern Standard Time) end-user call center for driver support of all types. The 1-888-998-2546 phone number will be clearly visible on all Car Charging Group EVSE units supplied to the City of Miami Beach. Drivers can also contact support through email (support@blinknetwork.com). Technical Customer Support Attentive customer support comes with every Blink EVSE installation. Should an EVSE unit demonstrate usability issues, the Blink Network software automatically detects potential problems; and most of which can be solved remotely and solely by Blink technicians in Car Charging Group's Network Operations Center(NOC). EVSE technicians will first attempt to remotely troubleshoot a unit demonstrating a potential problem, should field service be required, CarCharging will utilize members of our local team to repair or replace the EVSE unit or part(s) or component(s). CarCharging's Blink Support system features three-tier operational support: Tier 1: CarCharging maintains a Call Center with a Help Desk staff trained to answer and resolve most frequently asked questions.This tier will provide basic support and capture information for escalation for any issues that can't be immediately resolved. Tier 2: Network Operations Center (NOC) staff that is knowledgeable about operating the Blink Network back office infrastructure and will provide more advanced troubleshooting. Tier 3: Engineering and Field Services staff, with an expert depth of knowledge of all EVSE systems operated by Car Charging Group, and that will be able to resolve issues when more technical or field- specific support is required. Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach,FL 33139 (305)521-0200 x 223 21 CCHiGING C7.2 Charging Stations shall have visible signage identifying their customer services support (telephone,web interface or e-mail) and hours of operation. The Call Center's 1-888-998-2546 phone number will be clearly visible on all Car Charging Group EVSE units supplied to the City of Miami Beach. Drivers can also contact support through email (support@blinknetwork.com). C8. Communication and Reporting Contractor shall provide the Contract Manager: C8.1 An annual Preventative Maintenance schedule at the beginning of each contract year. CarCharging will provide the City of Miami Beach an annual preventative maintenance schedule at the beginning of each contract year. C8.2 Weekly updates on all Standard and Emergency services that are in process and completed. Reports are due on Monday before noon and shall include: Station location and address a. Service date b. Station status c. Resolution d. Date of schedule repair e. Date of completion CarCharging will provide the City of Miami Beach weekly updates on all Standard and Emergency services that are in process and completed. Reports will be provided on Monday before noon and shall include: a. Station location and address b. Service date c. Station status d. Resolution e. Date of schedule repair f. Date of completion C8.3 Quarterly reports on maintenance and repairs. Reports are due on the 3rd day of every quarter and shall include: a. Station location and address b. Service date c. Test routines d. Station status e. Resolution f. Date of repair Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser, Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305) 521-0200 x 223 22 Ci. RcARcHAkaGINGim CarCharging will provide the City of Miami Beach Quarterly reports on maintenance and repairs. Reports will be provided by the 3rd day of every quarter and shall include: a. Station location and address b. Service date c. Test routines d. Station status e. Resolution Date of repair C9. Contract Terms: Proposer to provide a sample contract. Included in this proposal. • • • Blink Network,LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 23 • AGREEMENT TO PROVIDE ELECTRIC VEHICLE CHARGING STATIONS FOR THE CITY'S PARKING FACILITIES, PURSUANT TO CITY OF MiAMi BEACH REQUEST FOR PROPOSALS NO. 2015-177 JR T1IIS AGREEMENT is entered into on this day of' September, 2015 (the "Effective Date"), by and between the City of Miami Beach, Florida, a municipal corporation located at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (hereinafter "Client"), and Car Charging Group; Inc., a Nevada Corporation with offices at 1691 Michigan Avenue, Suite 601, Miami Beach;Florida, 33139 (hereinafter "Provider"). PREAMBLE WHEREAS, Provider desires to be engaged by Client for the term of this Agreement for a (also referred to hereinafter as the "Contract") to provide Electric Vehicle Charging Stations pursuant to the RFP (as hereinafter defined), to make available, provide, install, maintain, service and operate an electric car charging station or stations (the "Equipment") wheresoever located within the real property owned by Client with the property address set forth in the attached Exhibit A, which is incorporated by reference herein (the"Property"); and WHEREAS, the purpose of this Contract is for Provider, aS the successful proposer pursuant to City of Miami Beach Request for Proposals No. 2015-177-JR, to Provide Electric Vehicle Charging Stations for the City's.Parking Facilities(the "RIP"), to enable Client to offer electric car charging services on the Property, for the use of Client, its guests, employees, licensees, or invitees; and WHEREAS, the Equipment shall be installed and maintained by Provider or its approved subcontractors in an area or areas specifically designated for electric car charging by Client at the location(s) within the Property specifically set forth and/or depicted by diagrams on the attached Exhibit B (as same may be updated from time to time throughout the term of this Contract) (hereinafter the "Designated Area" or"Designated Areas"); and WHEREAS, Client desires to so contract with Provider to provide the Equipment and its related services upon the terms and conditions set.forth below. NOW, THEREFORE, for and in consideration of the covenants, conditions and agreements contained in this Contract, the parties mutually agree and covenant as follows: 1. Preamble Made Part of Contract. The preamble described above is made a part of this Contract and expressly incorporated by reference herein. 2. Term of Contract/Removal of Equipment. 2.1 Term. The term of this Contract (the "Term") shall be for a period of seven (7) years, commencing on the.Commencement Date (which shall be defined as the date of acceptance by Client of installation of the Equipment'), and ending at 11:59 p.m. on the seventh (7th) anniversary of such Commencement Date. See Exhibit 1)for form for acceptance of installation of Equipment. 1 2.2 Renewal. This agreement may be renewed for an additional seven (7) year term upon mutual agreement by Provider and Client. 2.3 Client hereby grants Provider the right, upon the termination or earlier expiration of this Contract, to enter upon the Property within thirty (30) days after such termination or expiration, to remove any and all Equipment (which right, title and interest in said Equipment shall at all times during the Term of this Contract be deemed property of Provider), as well as any other ancillary property of Provider relating thereto. Provider shall coordinate removal of Equipment (and any ancillary property) with Client and shall also, in conjunction with such removal, restore the Property to its original (or better) condition prior to the Effective Date of this Contract (as same is set forth in page 1 of the Contract), and shall repair any damage caused from such removal, at its sole cost and expense. 2.4 Thirty (30) Day Convenience Termination. Notwithstanding anything herein to the contrary, Client may cancel this Contract, without cause and without liability to Client, at any time during the Term, upon thirty (30) days written notice to Provider. Upon receipt of Client's notice, Provider shall promptly commence removal of any and all Equipment, as well as any other ancillary property of Provider relating thereto, in accordance with subsection 2.2 hereof. 3. Installation and Maintenance of Equipment and the Surrounding Property. 3.1 It is expressly agreed that, for this Agreement, Client will designate at least four (4) parking spaces, at the Client's discretion, in the Property to Provider exclusively for use for electric car charging. Provider agrees to supply and install, at Provider's sole expense, the Equipment at the Designated Area(s) set forth in Exhibit"B" hereto, after Client's completion of construction of the groundwork and infrastructure necessary for the installation and operation of such Equipment. Provider shall perform all installations and work in such a way as to minimize interference with operation of the Property. It is expressly agreed that (i) Client shall be solely responsible for any and all costs and expenses associated with the preparation of the Designated Area for the installation of the Equipment including, without limitation, the installation of circuit breakers, wires, and conduits on the Property, and(ii) such preparation shall be subject to the reasonable prior written approval of Provider. Notwithstanding any provisions to the contrary herein, and subject further to approval by Provider, which approval shall not be unreasonably withheld, Client shall be solely responsible for determining the need (if at all) for installation of additional Equipment on the Property,, based on usage and operational load. In the event that Client determines, and Provider agrees, that there is a need for installation of additional Equipment on the Property, Client, in its sole discretion, shall determine the area (or areas) designated for such Equipment (and Exhibit "B" hereto shall be amended accordingly to identify any such additional designated area(s) after Client's completion of construction of the groundwork and infrastructure necessary for the installation and 2 operation of such Equipment at Client's sole cost and expense. In the event additional Equipment is installed on the Property, the parties shall execute an Installation. Date Acceptance, establishing the Commencement Date of the Contract for such Equipment. 3.2 Provider further agrees that it shall maintain and replace the Equipment, as necessary, to keep the Equipment in good condition and proper working order. During the Term, Provider, its employees, agents, contracts and vendors may enter upon the Property at any time, subject to providing Client or its designated property manager with reasonable prior written or verbal notice, for purposes of installing, inspecting, servicing, and maintaining the Equipment. 3.3 Provider agrees to make available technical service support personnel to promptly service the Equipment in a commercially reasonable manner. In the event Client knows of, or becomes aware of, any actual or potential claim against the Provider by any person or entity; or any actual or potential malfunction with the Equipment, Client shall notify Provider promptly upon notification of such claim or malfunction; provided, however that Client's failure to notify Provider pursuant to this subsection 3.3 shall not relieve Provider of any obligations herein including, without limitation, its sole obligation to service, maintain, repair, and replace the Equipment, as necessary. Provider shall ensure the Equipment is clearly marked with the following information for users: (i) Provider's or a designated contact party's information for complaints, notification and service issues; (ii) a statement that Provider is fully responsible for all service issues, including damage or loss to vehicles or improper charging; and (iii) a disclaimer stating Client is not responsible for any service issues or loss connected with use of the Equipment. 3.4 Client agrees, at its own expense and at all times during the Term, to keep the public areas immediately appurtenant to any Designated Area or Areas, reasonably free of debris and rubbish and in good repair and condition; provided, however, that Client will not be required to incur any additional and/or special expenses, nor adopt or initiate any additional standards and/or operating procedures, other than Client's customary maintenance standards for the Property existing as of the Effective Date (and, provided further, that any such standards for "customary maintenance," whether as existing now or as may be developed in the future, shall be determined by Client, in its sole and reasonable discretion). In addition, Client shall provide and maintain, in accordance with the aforestated "customary maintenance" standards, such outdoor lights and lighting as Client deems necessary to illuminate the Designated Area or Areas and Equipment. 3.5 Upon installation of the Equipment, Provider shall have the right to install signage in the Designated Area or Areas and on the Property identifying the Equipment as an "EV Charging Station;" with such signage to he substantially in the form attached hereto as Exhibit E. Notwithstanding Exhibit E, any and all such signage shall be subject to Client's prior written approval, and shall comply with applicable City Code provisions. Provider shall pay all costs and expenses associated with the approvals, creation, installation, maintenance and removal of all signage. 3 4. Revenue. 4.1 Revenue Payment. For the initial seven (7) year term of the Agreement, Provider shall remit to Client fifteen percent (15%) of the annual gross revenue generated by the Equipment, which shall include, but may not be limited to, all revenue generated by electric car charging fees minus $18.00 per month per charger network fees, 8% transaction fees and any and all applicable taxes (the "Revenue Payment"). For the renewal term of seven (7) years, Provider shall remit to Client twenty percent (20%) of the annual gross revenue generated by the Equipment, which shall include, but may not be limited to, all revenue generated by electric car charging fees minus $18 per month per charger network fees, 8% transaction fees and any and all applicable taxes (the"Revenue Payment"). The Revenue Payment Made to Client under this Section 4 shall be calculated monthly and shall expressly exclude any portion of the gross revenue used to offset any and all electricity charges of Provider.related to the Equipment. The Revenue Payment shall be issued by Provider to Client on or before the fifteenth (15th) 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 gross revenue received by Provider for the prior month from charging services. 4.2 Session Limits Client agrees that Provider shall be solely responsible for issues relating to session time limits or other charges relating to use of the Equipment by any party. 4.3 Collection of Revenue. Provider will arrange for and supervise all revenue collection generated by the Equipment. 4.4 Electricity Charges. Provider shall be responsible for all electric charges applicable to the Equipment (the "Electricity Charges") and shall reimburse-Client for the Electricity Charges based upon Provider's consumption of electricity determined by a report generated by the Equipment indicating the exact amount of kilowatt hours used for its operation at the billable kilowatt rate to Client under its electric bill (the "Electricity Reimbursement").2 Provider shall be charged the same cost as would be charged to Provider by the utility company if such Electricity Charges were billed directly to Provider. Provider will make the Electricity Reimbursement payment to Client within thirty (30) days following receipt of the monthly electricity invoice, provided, however, 2 Client shall tender to Provider an electric bill(copy to be attached as Exhibit C inclusive of the Designated Areas and Provider shall calculate and provide, in writing, to Client the dollar value of the billable kilowatt rate to Client under its electric bill. Provider shall recalculate the billable rate each fiscal quarter upon receipt of a bill by Client. Client acknowledges that the rate calculation for this Paragraph 4 may not be completed and delivered by Company until after Client has delivered its first electric bill to Provider to determine calculation. 4 that any credit received from a disputed utility company invoice shall appear as a credit to Provider on the next invoice following receipt of such credit by Client. 4.5 Notwithstanding the foregoing; to the extent Provider installs Equipment which includes an internal "revenue grade" smart meter, Client acknowledges that such "smart meter" will directly calculate the Electricity Charges to Provider, and such charges will he billed and paid directly by Provider to the local electricity utility company thereby removing any obligation of Provider to reimburse Client for electricity usage hereunder. Client further acknowledges that Provider may establish its own account and have its own meter installed at the Property through which the utility company shall bill Provider directly for any electricity used in conjunction with the Equipment. 4.6 Payment Remittance. All payments due to Client hereunder shall be sent to the following address: City of Miami Beach Parking Department do Finance Manager 1755 Meridian Avenue,3r`1 Floor Miami Beach, Florida 33139 5. Equipment Upgrade. Client hereby acknowledges that notwithstanding anything to the contrary herein, at any time during the Term, Provider may, without notice to Client, upgrade any Equipment within the Designated Area or Areas. Provider shall he solely responsible for any costs involved with such upgrade. 6. Relocation. Client hereby acknowledges that notwithstanding anything to the contrary herein, at any time during the Term,. Provider may, upon written notice to Client, and subject further to Client's prior written consent, which consent shall not be unreasonably withheld, relocate Equipment within the Property to the extent that a specific location within a Designated Area or Areas is not performing to Provider's specifications. Provider shall be solely responsible for any costs involved in the relocation of any Equipment (including, without limitation, repair and restoration of the former Designated Area(s). 7. Indemnification. Provider shall indemnify Client, and its officers, employees, contractors, and, agents (collectively, the "Indemnified Parties"), and hold the indemnified Parties harmless from and against any and all claims, actions; damages, liabilities, and expenses incurred in connection with loss of life, personal injury, and/or damage to property arising out of this Contract and including, without limitations, the services to be provided by Provider (which term, as used in this Section 7, shall include Provider and its officers, employees, contractors, vendors, agents, and/or servants), the Equipment or any part thereof, (further including; without limitation, the use of the Equipment and/or electric car charging stations by Client, its employees, guests, (licensees or invitees), or otherwise occasioned wholly or in part by any act or omission of Provider, its Officers, employees, contractors, vendors, agents, and/or servants. 8. Intentionally Deleted 5 • 9. Licenses/Permits/Taxes/Liens. Provider agrees that it shall be solely responsible for obtaining any and all necessary licenses and/or permits for the installation and operation of the Equipment, and shall be solely arid exclusively responsible for any citations as a result of any default hereunder. Provider shall also be solely responsible for payment of any and all sales, taxes, excises, licensed fees and permit fees of whatever nature arising from its operations and this Contract. Provider shall not permit any mechanic's materialman's or any other lien to become attached to the Property or the Equipment, or any part or parcel thereof by reason of any work or labor performed or materials furnished pursuant to this Contract. 10. Default. No party shall commit or allow to continue any breach of this Contract, which shall not have been cured within thirty (30) days after receipt of written notice from the non-breaching party specifying the breach; provided, however that if the breach cannot be cured within thirty (30) days, the breaching party shall not be in default if, within such thirty (30) day period, it shall have commenced to cure said breach and shall continue its efforts with due diligence. Upon the occurrence of a default and a failure to cure within the allotted cure period, the non-breaching party shall have the right, at the option of the non-breaching party, to(i) terminate this Contract, whereupon, neither party shall have any further rights, obligations or liabilities hereunder, except as otherwise expressly provided herein;,or(ii) continue this Contract in full force and. effect, notwithstanding the occurrence of such default. Except as otherwise provided in this Contract, the rights and remedies granted in this Contract are cumulative and are in addition to any given by any statutes, rule at law or otherwise, and the use of one remedy shall not be taken to exclude or waive the right to use another. 11. intentionally Deleted 12. Binding. This Contract shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. Nothing contained in it, whether expressed or implied, is intended to give or shall be construed as giving anyone other than the parties and the named Client and their successors or assigns any rights under this Contract. This Contract shall not be binding or enforceable against Provider unless and until it is countersigned by Provider after receipt of an executed copy from Client. 13. Governing Law, Jurisdiction, Venue and Waiver of Jury Trial. This Contract shall be governed by the laws of the State of Florida, without regard to conflict of laws. Any suit involving any dispute or matter arising under this Contract may only be brought in State or Federal Court of Miami-Dade County, Florida which shall have jurisdiction over the subject matter of the dispute or matter. Provider and Client irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. EACH OF THE PATIES TO THIS CONTRACT HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, ANY OTHER CONTRACT OR INSTRUMENT DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. 14. Ownership of Equipment. The parties expressly acknowledge that all right, title and interest in and to the Equipment shall at all times be and remain the property of Provider. 6 15. Notices: 15.1 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 PROVIDER: Car Charging Group, Inc. 1691 Michigan Avenue, Suite 4601. Miami Beach, FL 33139 Attn: With copy LO: The Bernstein Law Firm 3050 Biscayne Boulevard, Suite_403 Miami, Florida 33137 E-mail: Michael a,Bernstein-Lawtirm.coin If to CLIENT: City of Miami Beach Parking Department do Parking Director 1755 Meridian Avenue, Suite 200 Miami Beach, Florida 33139 15.2 Notwithstanding the foregoing, Client expressly authorizes Provider 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 Contract. Notice to Manager shall be deemed valid and sufficient service upon Client without the necessity for Provider to send separate notice to Client finless so specified in writing by Client. (If this Section 15.2 is not completed by Client, Provider shall notice Client as at the address set forth in Section 15.1 hereunder). 16. Provider's Insurance Coverages. (a) Provider 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. Provider shall carry and maintain the following insurance coverages during the Term of this Agreement: 7 (1) Worker's Compensation insurance in compliance with the Worker's Compensation Act of the State of Florida. (2) Employer's liability insurance on all employees for the Premises not covered by the Worker's Compensation Act, for occupational accidents or disease,. in limits of not less than $1,000,000 for any one occurrence, or whatever is necessary to satisfy the requirements of the umbrella liability insurance specified iri Subsection (a)(6) below. (3) Comprehensive General Liability insurance on an occurrence form basis with limits of not less than $1,000,000 per occurrence for bodily injury property damage to include Premises/Operations; Products; Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity, with Hold Harmless/Indemnity provision, with a general annual aggregate limit of$2,000,000. (4) Automobile liability insurance in cluding comprehensive and collision coverage with a limit of not less than $-1,000,000 per occurrence (owned/non-owned/hired automobiles includes). (5) Comprehensive crime insurance including employee theft, premise, transit and depositor's forgery coverage with limits as to any given occurrence of$1,000,000. (6) Umbrella liability insurance with an annual aggregate limit of not less than $10,000,000. (b) The liability policies affording the coverages described in subsections (a)(3), (a)(4) and (a)(6) above shall be endorsed to cover Client and its employees, agents, directors and Officers as additional insureds. (c) Provider shall deliver certificates of insurance to Client's Contract Manager and renewal policies shall be obtained, and certificates delivered to the Contract Manager, at least fifteen (15) days prior to expiration. The certificates of insurance shall state that the issuing company shall provide thirty (30) days' prior written notice to the certificate holder should any of the policies be cancelled prior to the expiration date. (d) All of Provider's certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager. These certificates will be kept on 8 file in the office of the Risk Manager, City Hall, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139. The Provider shall also be solely responsible for obtaining, submitting, and maintaining current and in full force, all insurance for its subcontractors. (e) All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Uldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. (t) Compliance with the insurance requirements in this Section, shall not relieve the Provider of the liabilities and obligations under this Section or under any other portion of this Agreement, and the Client shall have the right to obtain from the Provider specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Provider 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 Client or its officers, employees, contractors, consultants, agents, and instrumentalities as herein provided. 17. Promotional Assistance. Client agrees to place a link on any website maintained by it to xvww.carchar ing.com for users to reach Provider and/or learn more information about Provider's electric car chargers. Provider agrees to place a link for the City of Miami Beach on its website to inform users of' Client's location. Both Client and Provider agree to make good faith efforts to promote the use of EVs within the City of Miami.Beach under the terms of this Contract. 18. Attorneys' Fees. In the event of any dispute hereunder, the prevailing party shall he entitled to recover all costs and expenses incurred by it in connection with the enforcement of this Contract, including all attorneys' fees on both trial and appellate levels. 19. Relationship of the Parties.- Provider acknowledges that it has its own independently established business that is separate and apart from Client's business. Nothing in this Contract shall constitute or be deemed to constitute a partnership or joint venture between the parties hereto or constitute or be deemed to constitute any party the agent or employee of the other party for any purpose whatsoever and neither party shall have authority or power to bind the other or to contract in the name o£ or create a liability against, the other in any way or for any purpose. 20. Force Majeure. 1 f Provider shall be delayed or hindered in or prevented from the performance of any act required under this Contract by reason of any strike, lockout, labor trouble, inability to procure materials or energy, failure of power, hurricane, restrictive governmental laws or regulations, riot, insurrection, picketing, sit-ins, war or other unavoidable reason of a like nature not attributable to the negligence or fault of Provider, then the 9 performance of such work or action will be excused for the period of the unavoidable delay and the period for the performance of any such work or action will be extended for an equivalent period. 21. Condemnation. If any Designated Area or Areas shall be taken for public or quasi-public use by any public or quasi-public authority under the power of eminent domain, then, at the sole option and discretion of Client, (i) Client may provide another Designated Area for the Equipment and (ii) Exhibit B of this Contract shall be amended accordingly to reflect the removal and replacement of such Designated Area. 22. Estoppel Certificate. At any time and from time to time, Client agrees upon request in writing from Provider to execute, acknowledge and deliver to Provider a statement in writing certifying that this Contract is unmodified and in full force and effect (or if there have been modifications that the same is in full force and effect as modified) and the dates to which the Revenue Payment has been paid. 23. Exhibits. All exhibits attached_to this Contract and referred to herein are hereby incorporated by reference as if fully set forth herein. Any exhibit not annexed hereto may he attached subsequent to the Effective Date hereof and which shall thereafter be incorporated by reference herein. Client shall deliver to Provider documents necessary to satisfy Exhibits B and C. 24. Car Charging Station Data. Client, by executing this Contract, specifically acknowledges and agrees that Provider owns all right, title and interest in any records, files and/or data (the "Proprietary Data") collected by or produced by the Equipment and same shall be deemed the proprietary and exclusive property of Provider. Provider shall allow Client access to such Proprietary Data during the term of this Contract solely for its own internal purposes, subject to the aforesaid ownership interests of Provider with such access by Client concluded immediately upon termination or expiration of this Contract. Client may not disclose any such Proprietary Data to any person, firm, corporation, association or other third party entity for any reason or purpose whatsoever without the prior written consent of an authorized representative of Provider, provided however, that nothing herein shall be interpreted as preventing Client from, nor shall Client have any liability to Provider and/or to third parties for/from, (i) using reports or other financial data for use in verifying the accuracy of the Revenue Payment made by Provider hereunder; (ii) from disclosing any records, files, and/or date, which may or may not be deemed by Provider to be Proprietary, but which are required to be provided pursuant to the order of a court or administrative body having jurisdiction over the subject matter herein, or which is subject to disclosure, inspection, and/or copying pursuant to Florida Public Records Law including, without limitation, Chapter 119, Florida Statutes, as same may be amended from time to time.. 25. No Third-Party Rights. The provisions of this Contract are for the exclusive benefit of Provider and Client only, and no other shall have any right or claim against either party or be entitled to enforce any provisions hereunder against any party hereto. 26. Headings. The headings in this Contract are used for convenience only and shall not be used to define, limit or describe the scope of this Contract or any of the obligations herein. 10 27. Final Agreement. This Contract constitutes the final understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings and agreements between the parties, whether written or oral. This Contract may be amended, supplemented or changed only by an agreement in writing signed by both of the parties. 28. Severability. If any term or provision of this Contract is found by a court of competent jurisdiction to be invalid or unenforceable, then this Contract, including all of the remaining terms and provisions, shall remain in full force and effect as if such invalid or unenforceable term had never been included. 29. Press Releases/Public Filings. Client acknowledges that Provider and/or its parent may publish information relating to this Contract in any manner necessary to fulfill any regulatory responsibilities under the Securities Exchange Act of 1934 or other applicable law. Client further agrees that information concerning this Contract may be released as a press release by Provider and/or its parent, but will be released in good faith coordination with Client. 30. No Advertising. Provider understands that City of Miami Beach regulations strictly prohibit Provider from advertising on any part of any Equipment, as well as any ancillary property of Provider relating thereto, installed on City property under this Contract, and expressly agrees not to conduct any advertising hereunder unless expressly approved in writing by Client. 31. Counterparts. This Contract may be executed in any number of counterparts (including facsimile or scanned versions), each of which shall be an original but all of which together will constitute one instrument, binding upon all parties hereto, and notwithstanding that all of such parties may not have executed the same counterpart. 32. Authority. Each party represents and warrants to the other that it has all requisite power and authority to enter into this Agreement. 33. Assignment,Transfer or Subcontracting. Provider shall not subcontract, assign, or transfer any work under this Contract without the prior written consent of the City Commission which consent, if given at all, shall be at the Commission's sole and reasonable discretion. Notwithstanding the foregoing, Client expressly agrees that Provider may assign the management and operation of the services to he performed under this Agreement to wholly owned subsidiary entity CCGI / CMB, LLC, who shall be directly authorized to act on behalf of Client as to all matters relating to this Agreement. 34. Audit and Inspections. At any time during normal business hours, and as often as the City Manager may deem necessary during the Term hereof, Provider shall make available to the City Manager, and/or such representatives as he/she may deem to act on his/her behalf; to audit, examine, inspect, and/or copy, any and all records and documents of Provider's related to matters covered by this Contract including, without limitation, all contracts, invoices, payrolls, records of personnel, conditions of employment, financial records, and such other data, records, documents, and/or materials as may relate to matters covered by this Contract 11 (collectively, the Records). Contractor shall maintain any and all such Records throughout the Term, and for a period of three (3) years after expiration of the Contract. 34.1. Access to Records: Provider agrees to allow the City Manager, and/or such authorized representatives as he/she may deem to act on behalf of the City, access during normal business hours to all Records pertaining to this Contract'and the performance of Contractor's services, and agrees to provide such assistance as may be necessary to facilitate audit (whether financial or otherwise) and/or inspection by the City Manager or his/her representatives. 34.2. Provider shall bind any of its sub-contractors performing any portion of work and/or services under this Contract to the provisions of Section 34 and subsection 34.1 hereto. 35. Equal Employment Opportunity. In connection with the performance of the work and services contemplated under this Contract; the Provider shall not discriminate against any employee or applicant for employment because o_f race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, sexual orientation, gender identity or disability. The Provider shall take such action as may be necessary to ensure that applicants are employed and that employees are treated during their employment, without regard to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, sexual orientation, gender identity, or disability. 35.1. Sanctions for Noncompliance with Nondiscrimination Provisions. In the event of Provider's noncompliance with the nondiscrimination provisions of this Contract, Client shall impose such sanctions as the Client, or the State of Florida, may determine to be appropriate including, without limitation, withholding of payments to the Provider under the Contract until the Provider complies, and/or termination of the Contract. In the event Client terminates the Contract pursuant to this subsection, the rights and obligations of the parties shall be the same as provided in Section 10. 36. Conflict of Interest. Provider agrees to adhere to and he 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 to time, in connection with the performance of the Services. Provider 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 Contract. The Provider further covenants that in the performance of this Contract, no person having any such interest shall knowingly be employed by the Provider. 37. Compliance with All Applicable Laws. Provider, its officials, officers, employees, contractors, and vendors, agents shall comply with all applicable Federal, State and County laws; the Charter, related laws, Code, and ordinances of the City of Miami Beach; the Policies and Procedures; and any and all applicable rules and regulations promulgated by local, State and national boards, bureaus and agencies as they relate to this Contract. 12 38. Limitation of City's Liability. Client desires to enter into this Agreement only if in so doing Client can place a limit on its liability for any cause of action for money damages due to an alleged breach by Client of this Contract, so that its liability for any such breach never exceeds the total amount of$10,000. Provider hereby expresses its willingness to enter into this Contract with Provider's recovery from Client for any damage action for breach of contract to be limited to a maximum amount equal to $10,000. Accordingly, and notwithstanding any other term or condition of this Contract, Provider hereby agrees that Client shall not be liable to the Provider for damages in an amount in excess $10,000, for any action or claim for breach of obligations imposed upon Client by this Contract. Nothing contained in this paragraph or elsewhere in this Contract is in any way intended to be a waiver of the limitation placed upon Client's liability, as set forth in Section 768.28, Florida Statutes. - SIGNATURE PAGE TO FOLLOW - 13 IN WITNESS WHEREOF, the parties hereto have executed this Exclusive Electric Car Charging Services Contract on the last date written below. CLIENT: PROVIDER: CITY OF MIAMI BEACH, FLORIDA Car Charging Group, Inc., a Nevada Corporation By: Name: Michael D. Farkas Title: Chief Executive Officer Date: By: - Attest: Name: Title: _ Date: FEIN: Print Name/Title Attest: Print Name/Title (00009910.DOC:2 Exhibit A Property Address(es) 1. 7th Street& Collins Avenue(24 hours) 2. 17th Street Garage (24 hours) 3. 13th Street Garage (24 hours) 4. 42nd Street Garage(12 hours) 5. 12th Street& Drexel Garage (24 hours) 6. City Hall Garage, 1755 Meridian Avenue (24 hours) 7. Pennsylvania Avenue Garage (24 hours) 8. Anchor Garage, 16th Street & Collins Avenue (24 hours) 9. Municipal Parking Lot No. P-92, Collins Avenue & 72nd Street 10. Any other municipal surface parking lots that may be identified. t000099I0.DOC:2 Exhibit B Designated Area(s) j00009910.DOC:2 ; Exhibit C Client Electric Bill ;00009910,DOC2 Exhibit D Installation Date Acceptance For the ptu•poses of determining the Conuiiencement Date of the Contract, pursuant to Paragraph Two (2) thereof, the following date shall he deemed the acceptance of the initial date of installation of the Equipment at the following location(s): Date of Installation: CLIENT: PROVIDER: CITY OF MIAMI BEACH, FLORIDA Car Charging Group_, Inc., a Nevada corporation By: Name: Title: Date: By: Name: Title: 00009910.DOC:2 Exhibit E Signage Actual Size: 12"x 18" MO • ELECTRIC VEHICLE CHARGING STATION Provided By: Car Charging Group. Inc. (00009910.DOC2) CARCHGINGTh TAB 2—Experience &Qualifications • 2.1 Proposers Qualifications. Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies. For each project that the Proposer submits as evidence of similar experience,the following is required: project description, agency name, agency contact, contact telephone and email, and year() and term of engagement. Company Information As indicated previously, founded in 2009, CarCharging Group, Inc. ("CarCharging") (OTCQB: CCGI) is a publicly traded company and a pioneer in nationwide public Electric Vehicle ("EV") charging services, enabling EV drivers to easily recharge at locations throughout the United States and Canada. Headquartered at 1691 Michigan Ave., Suite 601, Miami Beach, FL 33139 with offices in San Jose, CA; New York, NY; and Phoenix, AZ, CarCharging's business model is designed to accelerate the adoption of public EV charging. CarCharging employs forty-seven full-time team members and manages more than 13,550 charging points in 35 states. CarCharging has partnerships with numerous municipalities, retailers, commercial real estate firms, parking management firms, etc., and owns and operates thousands of charging stations across the United States and Canada. Blink Network; LLC and/or its affiliates, all of which are wholly owned subsidiaries of CarCharging will be responsible for signing the agreement with the City of Miami Beach and will manage the project. Experience CarCharging manages more than 13,550 charging points in 35 states. CarCharging has strategic partnerships with municipalities and private companies that own or manage millions of parking spaces throughout the United States. CarCharging currently owns, operates and maintains two electric vehicle-charging stations at the 13`h street garage under a pilot program with the City of Miami Beach. Car Charging's partners include, but are not limited the following: Walgreens Colonial Parking Central Parking ACE Parking Rapid Park Equity Residential Management Icon Parking USA Parking System LAZ Parking Crescent Heights Development Mall of America City of Miami Beach, Florida Centro Properties Stiles Property Management Pennsylvania Turnpike Commission City of Hollywood, Florida City of Norwalk, Connecticut City of Dania Beach, Florida City of Santa Clara, California McDonald's USA, LLC Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 24 CH,/.,�GINGTh References The City of Miami Beach, Florida has been a partner since June 2012. Car Charging provided turnkey gP Y EVSE services for, and is the current owner and operator of, two EV charging points within a City of Miami Beach parking garage. Both EV charging points are in a high-traffic publicly accessible, municipal parking garage and support an EV car-sharing program managed by Hertz. Client Name: City of Miami Beach, FL Address: 1755 Meridian Avenue, 2nd Floor, Miami Beach, FL 33139 Client Representative: Saul Francis, Director Parking Department Telephone Number: 305-673-7000 x6200 E-Mail: saulfrancis @miamibeachfl.gov Dates of Award: June 2012 Contract Number: N/A Scope of Work: Own and operate two public EV charging stations McDonald's USA, LLC has been a client since December 2012. CarCharging provides turnkey EVSE services for, and is the current owner and operator of more than 65 EV charging points nationally. Client Name: McDonald's USA, LLC Address: 2111 McDonald's Drive Department 043-P4W Oakbrook, IL 60523 Client Representative: Jason Greenberg, Lead Engineer Telephone Number: 630-623-5767 E-Mail: jason.greenberg @us.mcd.com Dates of Award: December 2012-Present Contract Number: N/A Scope of Work: Own and operate over 65 public EV charging stations The Pennsylvania Turnpike Commission has been a client since July 2014. CarCharging provides turnkey EVSE services for, and is the current owner and operator of Level 2 and DC Fast Charging Stations at the Service Plazas on the Pennsylvania Turnpike. Client Name: Pennsylvania Turnpike Commission Address: 700 S. Eisenhower Blvd., Middletown, PA 17057 Client Representative: Vince Buser, Engineer Project Manager Telephone Number: 717-831-7434 E-Mail: vbuser @pattirnpike.com Dates of Award: July 2014- Present Contract Number: 4100061610 Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser, Grants Manager Due:August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach,FL 33139 (305)521-0200 x 223 25 CACHiGINGTh Scope of Work: Own and operate more than 20 Level 2 and DC fast charging stations at service plazas located on the Pennsylvania Turnpike. The City of Hollywood, Florida has been a partner with CarCharging since April 2012. CarCharging provided turnkey Electric Vehicle Supply Equipment (EVSE) services for, and is the current owner and operator of three EV charging stations within the City of Hollywood's properties. Two EV charging stations are in high-traffic publicly-accessible municipal parking garages in downtown Hollywood, and one is at a high-traffic publicly-accessible, municipal parking garage serving a beachfront park. Client Name: City of Hollywood, Florida Address: 2600 Hollywood Blvd., P.O. Box 229045, Hollywood, FL 33022 Client Representative: Mr. Ben Schneider, Parking Operations Superintendent Telephone Number: 954-921-3535 E-Mail: bschneider @hollywoodfl.org Dates of Award: April 2012 Contract Number: N/A Scope of Work: Own and operate three public EV charging stations The City of Norwalk, Connecticut has been a partner with CarCharging since October 2012. CarCharging provided turnkey EVSE services for, and is the current owner and operator of, four EV charging stations within the City of Norwalk's properties. Three EV charging points are in Norwalk and one is in New Haven. All are in high-traffic publicly accessible, municipal parking garages. Client Name: City of Norwalk/ Norwalk Parking Authority Address: 125 East Avenue, Norwalk, CT 06851 Client Representative: Kathryn R. Hebert Telephone Number: 203-854-7736 E-Mail: khebert@norwalkct.org Dates of Award: October 2012 Contract Number: N/A Scope of Work: Own and operate four public EV charging stations Blink Network,LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305) 521-0200 x 223 26 cApcHARGINGip. 2.2 Qualifications of Proposer Team Provide an organizational chart of all personnel and consultants to be used for this rojeJ ct if awarded,the role that each team member will Ilay in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included fore each Proposed team member to be assigned to this contract. As stated in the introduction, CarCharging has partnerships with numerous municipalities, retailers, commercial real estate firms, parking management firms, etc., and has installed, owns and operates thousands of charging stations across the United States. CarCharging's only business is installing and maintaining electric vehicle charging stations and providing electric vehicle charging services to its customers. The following key CarCharging members will play a role in providing the services detailed herein: Andy Kinard—President/Director Andy Kinard has extensive experience with electric vehicles, renewable energy, and public utilities. Mr. Kinard worked for Florida Power & Light (FPL) for 15 years, where he performed energy analysis for large, commercial accounts and ultimately, became a Certified Energy Manager. Simultaneously, Mr. Kinard became involved with FPL's electric vehicle (EV) program and fleet of EV's_ utilized to promote the technology. Mr. Kinard spent several years marketing renewable energy in Florida, served as guest speaker at the World Energy Congress and on the Board of Directors of the South Florida Manufacturing Association. Mr. Kinard graduated from Auburn University. Jim Stanley—Vice President and General Manager of Blink Network Jim Stanley is responsible for the product and customer operations of Car Charging Group's network of 13,500+ electric vehicle charging stations. Jim leads all business intelligence and data analysis of network usage to inform business and product strategy. Jim led the integration of Blink business from prior ownership to Car Charging Group during bankruptcy acquisition in 2013. Ted Manser—Grants Manager Mr. Manser graduated from Ursinus College in 1991 and Florida Technical College in 1997. Prior to • working for Car Charging, Ted was a Major Gifts Officer and Grant Manager with Broward College for five years. Mr. Manser writes and administers grants for Car Charging. Jessica Herrada - Operations Coordinator Mr. Herrada has worked for CarCharging for approximately three years and has significant administrative experience in coordinating and finalizing EV charging station installations. Ms. Herrada assists Mr. Feintuch in communicating with electricians regarding installations and completes reporting tasks as necessary. Ms. Herrada monitors CarCharging's EV charging stations on the Blink Network and coordinates any service needs. Blink Network,LLC a subsidiary of Car Charging Group, Inc. RFP No.2015-177-JR Attention: Ted Manser,Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 • Miami Beach, FL 33139 (305)521-0200 x 223 27 CCHiGI NGTM Resumes For Each Proposed Team Member MICHAEL(ANDY) KINARD 21043 Escondido Way N Residence: (561) 883-3373 Boca Raton, Florida 33433 Cell Phone: (561) 715=7834 E-mail: andy @carchargoing.com CarCharging, Miami Beach, FL(2009-Current) President. Foreign Affairs Auto, West Palm Beach, FL 2008-2009 Fleet Sales Director Alternatively Fueled Vehicles Coach & Equipment Mfg. Corp., Pen Yan, NY 2006-2008 Distributor, South East Region Green Mountain Energy Company,Austin, Texas 2004-2005 Florida Direct Sales Manager DryKor, Fayetteville, Georgia (Manufacturer of Liquid Desiccant Dehumidifiers) 2003-2004 Strategic Accounts Manager Florida Power& Light Company,Juno Beach, Florida 1989—2003 Commercial Account Manager, EV Program Coordinator EDUCATION Bachelor of Science—Aviation Management (Division of Aerospace Engineering), Auburn University, Auburn, Alabama 1987 CERTIFICATIONS Certified Energy Manager—Association of Energy Engineers (1994—Present) ACHIEVEMENTS Guest Speaker Association of Energy Engineers World Energy Congress Anaheim, CA(2004) Coordinated Research and Development Initiative with the Oak Ridge National Laboratory (2004) Board of Directors, South Florida Manufacturing Association (2000-2003) Board of Directors, CarCharging(2010-Present) Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 28 cix;4cHARGING Jim Stanley 164 Beacon Street, San Francisco, CA 94131 Iinkedin.com/in/jimstanley 1 415.305.3475 EXPERIENCE Vice-President,Product&General Manager—Blink Network&Car Charging Group Inc May 2013—Present Oversee product and customer operations for Car Charging Group's network of 13,000+electric vehicle charging stations. Responsible for all aspects of customer operations across all touch points and segments._ Lead all BI and data analysis of network usage to inform business and product strategy. Led the integration of Blink business from prior"ownership to Car Charging Group during bankruptcy acquisition in 2013. Vice-President,Product&Marketing—StarStar(Zoove Corp.) December 2010—January 2013 Launched StarStar to market in Q1 2011—a mobile content delivery platform connecting consumers to branded mobile experiences through short mobile phone numbers advertised predominantly through television and other offline channels(e.g.Call”NFL to download NFL Mobile). Defined and launched all marketing and customer engagement strategy,and led product development of all customer-facing experiences. Executive consultant and Principal,The Product Mill/Good-natured Consulting February 2010-present Founded consultancy that has delivered product strategy and user experience deliverables to clients,spanning web and mobile offerings. Customers have included GoodGuide,Kelley Blue Book,Cisco,and Snagajob,among others. Vice-President,Products—Technology&News,CBS Interactive August 2007—January 2010 Led all product,UX,editorial,sales marketing,81,and other functions as overarching lead for CNET(acquired by CB5 in 2008).Drove $100MM+In annual revenue at 70%margins. Developed and launched some of CNET's first mobile apps and matured offerings through partnership with CBS Mobile. Vice-President,Brand and Product Development—CNET,CNET Networks Inc. August 2005—August 2007 Drove double-digit growth through a 2-year-long rebuilding of the content model around SEO,partnerships,and other tactics to acquire relevant audience. Played key management team role In Integrating three culturally and technologically distinct business units of 300+employees into a single division. Associate Vice-President of Operations,Download.com,CNET Networks Inc. August 2001—July 2005 Expanded Download.com into media categories,specifically music and video,adding hundreds of thousands of users per day. Led product,technology,and operations staff of 50+. Globalized catalog ops,reducing costs by 50%while introducing$2MM+of annual revenue from ISVs. Created the web's first Pay Per Download program. Director and Product Manager,Download.Com,CNET Networks Inc. May 1999—August 2001 First dedicated product manager for Download.com.Grew audience and so ftware downloads distributed to greater than 2MM/day via content development,partnerships,and M&A-based strategies. Developed no-cost marketing programs for the brand and partner ISVs,growing audience and diversifying traffic sources. Directed all facets of day-to-day business,overseeing product,content,catalog,and customer operations. EDUCATION University of California,San Diego B.A.program,Warren College, 1986-1992 Major in Literature/Writing Minors in Economics and Music. Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser, Grants Manager Due:August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305) 521-0200 x 223 29 CCHIGINGTM Harry"Ted"Edward Manser III 19501 West Country Club Drive,#1614,Aventura,FL 33150 Cell:954-854-4345 E-mall:Harry.Manser @hotmail.com Education Ursinus College,Collegeville,PA—Bachelor of Arts,Major:Politics,Minor:Fine Arts,Graduated:1991 Florida Technical College,Orlando,FL—Diploma:Computer Aided Drafting,Graduated:1998 Professional Experience Car Charging Group,Inc.,April 2014-Present Grants Manager—Miami Beach,FL Manage and administer grants for Car Charging Group,Inc. Fort Lauderdale Magazine,May 2013-April 2014 Director Sales-Fort Lauderdale,FL Manage sales staff of seven and contribute to monthly sales,distribution,marketing,and collection efforts of Fort Lauderdale Magazine Broward College Office of Advancement,August 2008—March 2013 Grant Writer and Major Gifts Officer-Fort Lauderdale,FL Secure annual contributions from individuals,foundations and organizations of$1,300,000 In 2012 and in excess of$500,000 annually Author proposals and grants resulting in excess of$3,000,000 dollars for current and future capital project support Develop moves and strategies for gift acquisition,growth,and stewardship and document in Raiser's Edge database Solicit gifts and provide stewardship to Individuals;organizations and boards on behalf of Broward College Surpass development goals through prospect research and the cultivation of mutually beneficial partnerships Graduate Member-Broward College President's Leadership Academy,2011-2012 Graduate Member-Association of Fundraising.Professionals(AFP)Major Fundraising Fall Program,2009 American Document Management,July 2006-July 2008 Senior Sales Executive-Fort Lauderdale,FL Sales agent for document imaging,digital legal document review,computer forensics and electronic retrieval services Surpassed previous company sales record of$250,000 for a member of the sales team over a one year period Author and present accredited educational seminars on electronic discovery and computer forensic technology SIVA Corporation,May 2003—July 2006 Partner Sales&Project Manager-Delray Beach,FL Develop partnerships with product resellers for global distribution of computer software and hardware Sales agent preparing proposals for hardware,software,services,and then securing customer payment Author documentation for sales,purchasir g,.support,and Implementation of ISIVA POS for reseller partners Coordinate project management and installation of computer hardware,software,database,and network media Develop project plans that specify project goals,strategy,staffing,scheduling,identification of risks,and allocation of resources Micros Systems/Hospitality Solutions International,October 1999—May 2003 Sales Executive,Micros-Fort Myers,FL Sell Micros products through meetings and-submission of proposals for hardware,software and services Computer Implementation Specialist,Micros-Los Angeles,CA Install and configure Micros 3700 Point of Sale networks and hardware;construct and maintain databases Inside Sales Manager,HSI-Scottsdale,AZ Annual sales In excess of$500,000 in first year of position establishment Manage sales,invoicing,shipping,and tracking of all add-on sales orders globally Computer Implementation Trainer&Installation Specialist,HSI-Boca Raton,FL Construct database,Install,configure,maintain,update,and troubleshoot computer software,hardware and networks Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No.2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 30 CARCHGINGTh JESSICA C.HERRADA 786.246.8366 Herrada05@gmail.com PROFESSIONAL EXPERIENCE Car Charging Group,Inc. Miami Beach,FL- Senior Operations Coordinator/HR Coordinator May 2014-Present • Plan and coordinate the Installation of the Electric Vehicle charging stations and provide customer service to clients. • Manage project budgets,timelines,files,vendor records and invoices. • Maintain adequate records of charging station data and company records. • Data entry of client,property and charging station information. • Assist Chief of Operations with hiring,training and managing of lower level operations and clerical staff. • Assist COO with Human Resources matters including job advertisements,employee paperwork and announcements. Morrison,Brown,Arglz&Farra,LLC. Miami,FL Administrative Assistant-Litigation&Business Valuation February 2013-December 2013 • Greet and welcome clients for main partner and other department principals. • Travel arrangements for litigation partner. • Assist litigations partner with planning events for professional associations: • Support litigation and valuation department directors,mangers and staff. • Conduct conflict checks for prospective clients and prepare letters of engagement for new clients. • Setup new Lit/Val clients in XCM system, • Maintain and update department client and case databases,calendars and records. • Coordinate department meetings and luncheons. • Provide occasional administrative support to firm CEO/Managing Partner, Car Charging Group,Inc. Miami Beach,FL Administrative Assistant February 2010-December 2010 • Assist CEO with all administrative matters,[ravel arrangements,scheduling interviews.and planning company events. • Assist CFO with financial matters regarding financial reports,preparing presentations for potential investors. • Assist Director of Sales with sales presentations and preparing and designing marketing material. • Work hand In hand with public relations firm in handling approval and distribution of press releases and planning of major events. • Plan-and coordinate company Involvement in conferences,trade shows and expos. • Order and purchase company promotional items and materials for distribution at conferences,trade shows and expos. Freelance Event Planning Miami,FL Event Planner&Coordinator January 2010-December 2014 • Plan and orchestrate social events for over 150 people including but not limited to weddings,birthday parties and major holiday events. • Oversee and coordinate the staging of the events including event logistics,setup and breakdown,managing vendors and ensure the clients' needs are met. • Developing and maintaining event budgets,timelines,guest lists and inventory of items used for events. Office Team(Fisher Island Club,Miami Light House for the Blind-and Car Charging Group,Inc.) Miami,FL Administrative Assistant/Membership Coordinator October 2009-February 2010 Greeted and directed visitors,customers,dub members and also maintainedtelephone system. • Assisted with writing company memos,emails,letters and expense reports. • Maintained and organized electronic and hard copy filing system. • Scheduled and coordinated meetings,appointments and travel arrangements for managers and supervisors. EDUCATION Miami-Dade College Miami,FL,December 2013 Wedding& Event Planning Certification University of North Florida Jacksonville,F4 April 2009 Bachelor of Business Administration,Major in International Business University of North Florida's short Term Study Abroad (Guatemala),Spring 2009 • Course study and research focused on economic development in Guatemala University of North Florida's short Term Study Abroad (India),Summer 2008 • Course study and research in business management of India Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach,FL 33139 (305)521-0200 x 223 31 CHAGING OFgaidEfelouafl awn CV AO pc Txonng o ComanNiaute eo e3o 1 Andy Kinard President I V V Jim stv oy red Manner VP end GM of think Network i Grant Administrator/Manager 4 7: ' Jessica Harrada Operations Coordinator Cusiemei Support Cutter Electrical Contractor I 2.3 Financial Capacity Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR1 directly to the Procurement Contact named herein (Lourdes Rodriguez, CPPB Iodriguez@miamibeachfl.gov.) No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at httpjJf supplierportal.dnb.com/webapp/wcslstores/servlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in the SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracyprior to submittal to the City 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. A copy of the Dun & Bradstreet SQR report for Car Charging Group, Inc. was requested to be emailed to Lourdes Rodriguez, CPPB, at: Rodriguez@miamibeachfl.gov on July 30, 2015. Please find a copy of this report included in this proposal. Blink Network,LLC a subsidiary of Car Charging Group;Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 32 Subject: RE: Car Charging Group has requested that Dun &Bradstreet email you a copy of Car Charging Group, Inc.'s Dun & Bradstreet Supplier Qualification Report (SQR) in response to the Electric Charging Station REP No. 2015-177-JR. -Would you please confirm tha Date: Monday, August 3, 2015 2:46:20 PM Eastern Daylight Time From: Rodriguez, Lourdes To: Ted Manser, Rodriguez,Joe CC: Rodriguez, Lourdes, Granado, Rafael •i Lourdes Rodriguez,CPPB Senior Procurement Sped:dist Procurement Department 17110(,i nv,'ntir)n C"ntr±r tkrve,Miami 13ci1CY1,fL 3. 139 rril,(3051 67 4 7;1UU,i At'.1 6J,:,r;1Y.•(fi r;) 494-,107.') Prom: Ted Manser [mailto:TManser @ CarCharging.corn] Sent: Wednesday, July 22, 2015 3:36 PM To: Rodriguez, Joe Cc: Ted Manser Subject: Car Charging Group has requested that Dun&Bradstreet email you a copy of Car Charging Group, Inc.'s Dun & Bradstreet Supplier Qualification Report(SQR) in response to the Electric Charging Station RFP No. 2015-177-J.R. - Would you please confirm Importance: High Hello Mr. Rodriguez, Today, Car Charging Group requested that Dun& Bradstreet email you a copy of Car Charging Group, Inc..'s Dun & Bradstreet Supplier Qualification Report(SQR) in response to the Electric Charging Station RFP No. 2015-177-JR. Would you please confirm that you received a copy of the SQR via email? Should you have any questions or concerns,please contact me at you r convenience. Thank you. Ted Manser :1691 Michigan Ave.,Ste 601 Miami Beach,Florida 33139 P:(305)521.0200 x 223 F:(305)521-0201 jmnnsern.prrh riziliyv4•i,un www lari_liga LiCy�n I - , r� in l',h.)' :�I,t r•vllyd��'i) it i'.I,I�n•0,1.�: ,� :y I.,r vif'C.(1.1( . ; ' l 7 1 • • 1 I. .I r tr211y Ii', 7-1'rrr`;1r ."ly, frrrty UI d II, Sri .,'.P,d -7, nr •n,RB r i r s. Flu, ,..Q , ri'i111tI f1 d,Ft iIr,I:� rirlr Chin&? Iit ., � . -• pp ails t��;; a ,d 1 View Registration Status 1•i1t•1 1.,111 l nlnttilJn' D&B StIppher Certification Receipt r i1i I'.i 1i1'nt Date lima Company D-U-N-S Product Cost Nth .ii.i ll N{0 i 07- 15:28:27 CAR 078663612 Supplier Sub $91.95 22- CHARGING Portal Total 2015 GROUP. Registration _ .__ __.—___— INC. Product Yearly Tax $0.00 Total Cost $$91.95 For further information or clarification Please contact our Customer Resource Group by clicking on the Customer Support link at the bottom of the page. • https://supplierportal.dnb.com/webapp/wcs/stores/se:vlet/SpRegistrationReceiiptView?fang... 7/22/2015 dun & bradstreet Supplier Qualifier Report To save report(s) to your PC, cli4i; 'let?. foj insttuctions. Print this Reoort Copyright 2015 Dun & Bradstreet- Provided under contract for the exclusive use of subscriber 100150009 ATTN: CAR CHARGING GROUP, INC. Report Printed: JUL 22 2015 In Date CAR CHARGING GROUP, INC., 1691 Michigan Ave Ste 601 Miami Beach, FL 33139 This is a headquarters location. D-U-N-S® Number: 07-866-3612 Branch(es) or division(s) exist. Telephone: 305 521-0200 D&B Rating: -- D&B Supplier Risk: 9 Chief executive: MICHAEL D. FARKAS, CEO SUPPLIER EVALUATION RISK (SER) RATING FOR Stock symbol: CCGI THIS FIRM : 9 V 3r started: 2009 9 8 7 6 5 4 3 2 1 Employs: 37 (UNDETERMINED here) High Medium Low All amounts are displayed in local currency. Financial statement date: SEP 30 2014 Sales F: 466,403 Net worth: (423,247) History: CLEAR Financial condition: UNBALANCED D&B PAYDEX: SO When weighted by dollar amount, payments to suppliers average generally within terms. 0 104 120 days.slow 30 days slow Prompt Antlupates Based on up to 24 months of trade. • D&B Rating:-- information available to D&B does net permit us to classify the company within our rating key and that further enquiry should be made before reaching a decision. Some reasons for using a "-" symbol include: deficit net worth, bankruptcy proceedings, insufficient payment information, or Incomplete history information. For more information, see the D&B Rating Key. • awls an overview of the company's rating history since 10/31/12: D&B Rating Date Applied 10/31/12 The Summary Analysis section reflects information in D&B's file as of July 20, 2015. SER COMMENTARY: - Net Worth. - Change in net worth. - Limited time under present management control. - Financial ratios. SUPPLIER EVALUATION RISK RATING: 9 • The probability of ceased operations/becorning Inactive Indicates what percent of U.S. businesses is expected to cease operations or become inactive over next 12 months. Probability of Supplier Ceased • Operations/Becoming Inactive : 21.1 /o (2,110 PER 10,000) "centage of US business with same SER score 3% (300 PER 10,000) Average Probability of Supplier Ceased 0,48% (48 PER 10,000) Operations/Becoming Inactive - Average of Businesses in D&B's Supplier Database . CREDIT DELINQUENCY SCORE: 518 06/19/2015 EARNINGS UPDATE: According to published reports, comparative operating results for the 9 months ended September 30, 2014: Revenue of $2,348,939, Net Income of ($19,41.9,184); compared to Revenue of $182,480, Net Income of($15,800,437) for the comparable period In the prior year. 01/01/2015 STOCK/BOND ISSUANCE/REDEMPTION/REPURCHASE: According to published reports, Car Charging Group, Inc. announced that It has dosed an offering and raised net proceeds of up to $6 million with current Institutional shareholders. The Offering consisted of convertible preferred securities with a conversion price of $0.70 and warrants exercisable at $1.00. 11/03/2014 ANNOUNCED WORK FORCE CHANGES! According to published reports, Car Charging Group, Inc. announced that it plans to expand its operations Into China beginning In the fourth quarter of 2014. 09/06/2014 1ARD OF DIRECTORS UPDATE: .According to published reports, Car Charging Group, Inc. announced that, _,rective immediately, Donald Engel has been appointed to Its Board of Directors. 08/26/2014 EARNINGS UPDATE: According to published reports, comparative operating results for the 6 months ended June 30, ($7,863,477) for the romparabie period In the prior year. 05/19/2014 BOARD OF DIRECTORS UPDATE: According to published reports, Car Charging Group, Inc. announced that Andrew L. Shapiro has been appointed to the firm's Board of Directors. 13/2014 EARNINGS UPDATE; According to published reports, comparative operating results for the year ended December 31, 2013: Revenue of $466,403, Net Income of ($24,137,285); compared to Revenue of $258,064, Net Income of ($5,289,610) for the comparable period in the prior year. If you have questions about this report, please call our Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. If you are outside the U.S. contact your local D&B office. *** Additional Decision Support Available *** Additional D&B products, monitoring services and specialized investigations are available to help you evaluate this company or its industry. Call Dun & Bradstreet's Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. or visit our website at www.dnb.com. The following information was reported 07/17/2015: Officer(s): MICHAEL D. FARKAS, CEO BILL RICHARDSON, CHB+ ANDY KINARD, PRES JACK ZWICK, CFO ^iRECTOR(S): The officers identified by (+) and,Andrew L. Shapiro and Donald Engel. The company was incorporated in the State of Nevada on October 3, 2006. Business started 2009. The company was incorporated in October 2006 in Nevada under the name New image Concepts, Inc. wIth the intention of providing personas consultation services to the general public. On December 7, 2009, the;entered into a Share Exchange Agreement with Car Charging, Inc. Following the Share Exchange the company amended its Articles of Incorporation to change its name to Car Charging Group, Inc. The company's common stock is traded on the.Other OTC under the symbol "CCGI As.of April 25, 2014, there were 226 shareholders of record. As of April 25, 201.4, those shareholders identified by the company as beneficially owning 5% or more of the outstanding shares were: Eventide Gilead Fund Institutional Trust Custody (16.838%); Wolverine Flagship Fund Trading Limited (8.728%); Regal Funds (8.464%); Platinum Partners Value Arbitrage Fund LP (7.660%); Allston Limited (7.152%); Platinum Partners Liquid Opportunity Master Fund, LP (5.100%); Michael D. Farkas (44.447%) and Nathan Low (11.042%). As of the same date, officers and directors as a group beneficially owned 44.718% of the total outstanding shares. As of April 25, 2014, Michael D. Farkas holds 100% of the company's Series A Preferred Stock. As of the same date, officers and directors as a group beneficially owned 1.00% of the company's Series A Preferred Stock. RECENT EVENTS: On October 16, 2013, the company, through its wholly-owned subsidiary, Blink Acquisition.LLC, completed its purchase of the Blink Network and all Blink related assets from Ecot_ality Inc. The assets were purchased for $3.335 million in cash. On April 22, 2013, the company acquired 350 Green LLC. With this acquisition, 350 Green LLC will now operate as a ..olly-owned subsidiary of Car Charging Group Inc. On April 3,. 2013, the company acquired all of the Outstanding membership Interests in EV Pass LLC from Synapse Sustalnability Trust Inc. With this acquisition, EV Pass LLC will now operate as a wholly-owned subsidiary of Car Charging Group Inc. On February 2, 2013, the company acquired Beam Charging LLC, Brooklyn. With the acquisition, MICHAEL D. FARKAS. Has served as CEO and as a member of the Board of,Directors since 2010. He is the founder and Manager of The Farkas Group. He also currently holds the position of Chairman and CEO of the Atlas Group. BILL RICHARDSON. He has served as Chairman of the Board since December 2012. He currently serves as Senior ow for Latin America at Rice University's James A. Baker III Institute for Public Policy. From January 2003 through Iuary 2011, he was the Governor of New Mexico. Prior to his governorship, he was the U.S. Secretary of Energy from 1998 to 2001. He has a BA from Tufts University and an MA from Tufts University Fletcher School of Law and Diplomacy. ANDY KINA.RD. He has served as President and as a member of the Board of Directors since 2009. Prior to his joining the company, he sold electric vehicles in Florida for Foreign Affairs Auto from 2007 to 2009. From 2004 through 2005, he marketed renewable energy in Florida. He graduated from the Auburn University in 1987 with a Degree in Engineering. JACK ZWICK. He has served as CFO and as a member of the Board of Directors since 201.2. He is a CPA and he is a founding member of Zwick & Banyal, PLLC, where he has worked since its inception in 1994. ANDREW L, SHAPIRO. Director of the Company. Founded and currently leads Broadscale Group. • DONALD ENGEL. Served as Managing Director and consultant at Drexel Burnham Lambert. 07/17/2015 Description: A development stage company, acquires and installs electric vehicle (EV) charging stations. Its services enable EV drivers to recharge at various locations in the United States. The company also provides residential EV charging solutions; and site recommendations, and management and maintenance services. Terms are on cash basis. Sells to general public. Territory ; United States. Nonseasonal. Employees: 37 which Includes officer(s). UNDETERMINED employed here. Facilities: Leases premises in building. Subsidiaries:This business has multiple subsidiaries, detailed subsidiary information is available in D&Bs linkage or family tree products. This business is at the head of its corporate family tree. It Is not a subsidiary of any other business. UNSPSC (United Nations Standard Product and Services Code) is a globally accepted commodity (Product and Services) classification system. CAR CHARGING GROUP, INC. offers the following product(s) and service(s): 83101800 Electric utilities a Beginning in 1997, the Standard Industrial Classification (SIC) was replaced by the North American Industry Classification System (NAICS). This six digit code is a major revision that not only provides for newer Industries, ' ''t also reorganizes the categories on a production/process-oriented basis. This new, uniform, industry-wide sslfication system has been designed as the index for statistical.reporting of all economic activities of the U.S., uanada, and Mexico. 221118 Other Electric Power Generation Based on Information in our file, D&B has assigned this company an extended 8-digit SIC. D&B's use of 8-digit SICs enables us to be more specific to a company's operations than IF we use the standard 4-digit code. 110000 Electric services The D&B PAYDEX is a unique, dollar weighted indicator of payment performance based on up to 3 payment experiences as reported to D&B by trade references. D&® PAYDEX: S® When weighted by dollar amount, payments to suppliers average generally within terms. ma 12o days stow as days slow prompt Anticipates Based on up to 24 months of trade. When dollar amounts are not considered, then approximately 100% of the company's payments are within terms. The Payment Summary section reflects payment information in lD&B's file as of the date of this report. ow is an overview of the company's dollar-weighted payments, segmented by Its suppliers' primary industries: Total Total Dollar Largest High Within Days Slow Rcv'd Amts Credit Terms <31 31-60 61-90 90> (#) ($) ($) (%) (%) Top industries: Reg misc coml sector 1 250 250 100 - - - - Other payment categories: Cash experiences 2 1,050 1,000 Payment record unknown 0 0 0 Unfavorable comments 0 0 0 Placed for collections: With D&B 0 0 Other 0 N/A Total in D8:B's file 3 1,300 1,000 Top industries: Reg misc coral sector 1 250 250 100 - - - - rlther payment categories: ,sh experiences 2 1,050 1,000 Payment record unknown 0 0 0 Unfavorable comments 0 0 0 With D&B 0 0 Other 0 N/A Total in D&13's file 3 1,300 1,000 . highest Now Owes on file is 50 The highest Past Due on file is $0 D&B receives over 600 million payment experiences each year. We enter these new and updated experiences into D&B Reports as this information is received. Detailed payment history Date Reported Paying Record High Credit Now Owes Past Due Selling Terms Last Sale (mm/yy) ($) ($) ($) Within (months) • 05/15 (001) 250 1 mo 00*. •00®Satisfactory. 04/14 (002) 50 Cash account 1 mo . 11/13 (003) 1,000 Cash account 1 mo 05/15 (001) 250 1 mo 4...Satisfactory. 04/14 (002) 50 Cash account 1, mo 11/13 (003) 1,000 Cash account 1 mo Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported. SUPPLIER VERSUS INDUSTRY PAYDEX -> PRIOR 4 QTRS CURRENT 12 MONTH TREND S E P DEC MAR JUN AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL Supplier UN UN UN 80 80 80 80 80 80 80 80 80 80 80 80 80 PAYDEX. Industry PAYDEX (Based on 244 establishments in SIC 49XX) UP QRT 80 80 80 80 80 80 80 80 MEDIAN 80 80 80 80 80 80 80 80 ) QRT 73 74 75 75 75 76 76 76 2013 --- 2014 --- --- --- --- --- =-- 2015 S E P DEC MAR JUN AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL Supplier UN UN UN 80 80 80 80 80 80 80 80 80 80 80 80 80 Industry PAYDEX (Based on 244 establishments In SIC 49XX) UP QRT 80 80 80 80 80 80 80 80 MEDIAN 80 80 80 80 80 80 80 80 'O QRT 73 74 75 75 75 76 76 76 PAYDEX scores are updated daily and are based on upto 13 months of trade experiences from the Dun& Bradstreet trade file. All amounts displayed within this report are in local currency. 06/19/2015 Interim Consolidated statement dated SEP 30 2014; Assets Liabilities Cash 152,924 Accts Pay 5,284,634 Accts Rec 301,925 Notes Pay 401,136 Inventory 1,861,352 Department Of Energy 1,833,896 Advanced Commissions 29,250 Accruals 3,192,020 Prepaid Exp &&Other Current Assets 399,092 Registration Rights Penalty 1,854,000 Deferred Rent 10,503 Other Cur Liabs 5,118,259 Curr Assets 2,744,543 Curr Liabs 17,694,448 -'xt&Equip 2,363,395 Notes Payable-Net 22,196 .estricted Cash 2 10,671 Def. Credits/Income 696,739 Deposits 93,718 PREFERRED STOCK 10,000 Intangible Assets-Net 677;151 COMMON STOCK 77,698 Other Assets 542,597 ADDIT. PD.-IN CAP 53,459,720 NONCONTROLLING INTERESTS (4,384,473) RETAINED EARNINGS (60,944,253) Total Assets 6,632,075 Total 6,632,075 From JAN 01 2014 to SEP 30 2014 sales $2,348,939 cost of goods sold $4,528,008. Gross profit $(2,179,069); operating expenses $18,481,037. Operating income $(20,660,106); other income $2,165,340; other expenses $924,4.18; net income before taxes $(19,419,184); (net-loss) $19,419,184. Statement obtained from Securities And Exchange Commission. Prepared from books without audit. Fixed assets shown net less $3,662,725 depreciation. Explanations The net worth of this company Includes intangibles. Other Current Liabilities consist of warrants payable, derivative liability payable and deferred revenue. 05/09/2014 Three-year statement comparative: Fiscal Fiscal Fiscal Consolidated Consolidated Consolidated Dec 31 2011 Dec 31 2012 Dec 31 2013 Current Liabs 368,903 712,226 23,079,181 Current Ratio 2.01 0.94 0.42 Working Capital 373,908 (40,748) (13,292,372) -'`her Assets 580,755 1,371,343 13,683,283 _c Worth 954,663 1,230,567 (423,247) Sales 62,289 258,064 466,403 Long Term Liab 0 100,028 814,158 Net Profit (Loss) (.1.,140,075) (5,289,610) (24,1.37,285) Fiscal Consolidated statement dated DEC 31 2013: Assets Liabilities Cash 7,837,339 Accts Pay 5,328,419 Accts Rec 216,003 Notes Pay 439,739 Inventory 1,441,792 Warrants Payable 1,216,000 Advanced Commissions-Net 20,000 Accruals 6,357,684 Pr Exps & Other Current 271,675 Derivative Warrant Liability 9,511,364 Assets Deferred Revenue 212,094 Other Curr Liabs 13,881 Curr Assets. 9,786,809 Curr Llabs 23,079,181 Fixt 82 Equip 7,485,212 Deferred Rent-Net 6,564 Intangible Assets-Net 963,648 Notes Payable-Net 129,202 Deposits 42,275 Def. Credits/Income 678,392 oodwill 4,901,261, PREFERRED STOCK 10,000 cher Assets 290,887 COMMON STOCK 77,125 ADDIT. PD.-IN CAP 45,399,170 RETAINED EARNINGS (45,909,542) Total Assets 23,470,092 Total 23,470,092 • From JAN 01 2013 to DEC 31 2013 annual sales $466,403; cost of goods sold $3,286,672. Gross profit $(2,820,269); operating expenses $16,565,107. Operating income $(19,385,376); other income $1,794,693; other expenses $6,546,602; net income before taxes $24,137,285. (net loss) $24,137,285. Statement obtained from Securities And Exchange Commission. Prepared from statement(s) by Accountant: Goldstein Schechter Koch P.A. ACCOUNTANT'S OPINION The accompanying consolidated financial statements have been prepared assuming that the Company will continue as a going concern. As discussed in Note 2 to the consolidated financial statements, the Company had an accumulated deficit at December 31, 2012, and had a net loss and net cashed used in operations for the period from September 3, 2009(inception) through December 31, 2012. These conditions raise substantial doubt about Its ability to continue as a going concern. The consolidated financial statements do not include any adjustments that might result from the outcome of this uncertainty. The accompanying consolidated financial statements have been prepared assuming that the company will continue as a going concern. The company had an accumulated deficit at December 31, 2012, and had a net loss and net cashed Used in operations for the period from September 3; 2009 (inception) through December 31, 2012. These conditions raise substantial doubt about Its ability to continue as a going concern.The consol Fixed assets shown net less $2,526,997 depreciation. Explanations ■ net worth of this company includes intangibles. The report was updated using information the company filed with the Securities and Exchange Commission. 1 Statement date: SEP 30 2014 Based on this number of establishments: 244 Industry Median quartile Rank (Supplier) . .urn of Sales: (826.7) Return of Sales: 7.5 N/A Current Ratio: 0.2 Current Ratio: 1.2 4 Quick.Ratio: 0.0 Quick Ratio: 0.6 4 Assets/ Sales: UN Assets/ Sales: 262.5 N/A Total Liability / Net Worth: UN Total Liability / Net Worth: 175.2 N/A UN = Unavailable The following Public Filing data is for information purposes only and Is not the official record. Certified copies can only be obtained from the official source, Collateral: Inventory and proceeds - Assets and proceeds Account(s) and proceeds - General intangibles(s) and proceeds - Chattel paper and proceeds Type: Original Sec, party: CROSSROADS FINANCIAL GROUP, LLC, CHARLOTTE, NC Debtor: CAR CHARGING GROUP, INC and OTHERS ' Filing number: 201402751735 Filed with: SECRETARY OF STATE/UCC DIVISION, TALLAHASSEE, FL `.e filed: 12/15/2014 .est Info Received: 12/31/2014 Collateral: Inventory and proceeds - Account(s) and proceeds - Assets and proceeds - General Intangibles(s) and proceeds - Chattel paper and proceeds Type: Original Sec. party: CROSSROADS FINANCIAL GROUP, LLC, CHARLOTTE, NC Debtor: CAR CHARGING GROUP, INC and OTHERS Filing number: 201400384345 Filed with: SECRETARY OF STATE UCC DIVISION, PHOENIX, AZ Date filed: 12/12/2014 Latest Info Received: 01/16/2015 Collateral: Vehicles Type: Original Sec. party: SYNAPSE SUSTAINABILITY TRUST, INC., SYRACUSE, NY Debtor: CAR CHARGING GROUP, INC. and OTHERS Filing number: 1503090112585 Filed with: SECRETARY OF STATE/UCC DIVISION, ALBANY, NY Date filed: 03/09/2015 Latest Info Received: 03/21/2015 Collateral: Equipment Type: Original Sec. party: GERZANYCH,MARIANA, MISSION VIEJO, CA MASON,TIM, MISSION VIEJO, FL Debtor: CAR CHARGING GROUP, INC. and OTHERS Filing number: 201309525488 Filed with: SECRETARY OF STATE/UCC DIVISION, TALLAHASSEE, FL _ete filed: 07/29/2013 Latest Info Received: 08/09/2013 • Type: Amendment Debtor: CAR CHARGING GROUP, INC. and OTHERS Filing number: 201300109783 Filed with: SECRETARY OF STATE/UCC DIVISION,TALLAHASSEE, FL Date filed: 10/28/2013 `est Info Received: 11/08/2013 .,ginal UCC filed date: 07/29/2013 Original filing no.: 201309525488 Collateral: Inventory and proceeds Assets and proceeds = Account(s) and proceeds - General intangibles(s) and proceeds - Chattel paper and proceeds Type: Original Sec. party: CROSSROADS FINANCIAL GROUP, LLC, CHARLOTTE, NC Debtor: CAR CHARGING GROUP, INC and OTHERS Filing number: 201402751735 Filed with: SECRETARY OF STATE/UCC DIVISION, TALLAHASSEE, FL Date filed: 12/15/2014 Latest Info Received: 12/31/2014 Collateral: Inventory and.proceeds = Account(s) and proceeds - Assets and proceeds - General Intanglbles(s) and proceeds -.Chattel paper and proceeds Type: Original Sec. party: CROSSROADS FINANCIAL GROUP, LLC, CHARLOTTE, NC Debtor: CAR CHARGING GROUP, INC and OTHERS Filing number: 201400384345 Filed with: SECRETARY OF STATE UCC DIVISION, PHOENIX, AZ Date filed: 12/12/2014 Latest Info Received: 01/16/2015 Collateral: Vehicles Type: Original Sec. party: SYNAPSE SUSTAINABILITY TRUST, INC., SYRACUSE, NY Debtor: CAR CHARGING GROUP, INC. and OTHERS -Ming number: 1503090112585 3d with: SECRETARY OF STATE/UCC DIVISION, ALBANY, NY Date filed: 03/09/2015 Latest Info Received: 03/21/2015 Collateral: Equipment Type: Original Sec. party: GERZANYCH,MARIANA, MISSION VIEJO, CA MASON,TIM, MISSION VIEJO, FL Debtor: CAR CHARGING GROUP, INC. and OTHERS Filing number: 201309525488 Filed with: SECRETARY OF STATE/UCC DIVISION, TALLAHASSEE, FL Date filed: 07/29/2013 Latest Info Received: 03/09/2013 Type: Amendment Sec. party: GERZANYCH,MARIANA; MISSION VIEJO, CA MASON,TIM, MISSION VIEJO, FL Debtor! CAR CHARGING GROUP, INC. and OTHERS Filing number: 201300109783 Filed with: SECRETARY OF STATE/UCC DIVISION, TALLAHASSEE, FL Date filed: 1.0/28/2013 Latest Info Received: 11/08/2013 Original UCC filed date: 07/29/2013 Original filing no.: 201309525488 There are additional UCC's in D&B's file on this company available by contacting 1-800-234-3867. The public record items contained in this report may have been paid, terminated, vacated or released prior to the date -pis report was printed. Cbngromsiona| District: 2.6 The details provided in the Government Activity section are as reported to Dup & Bradstreet by the federal government and other sources. ' • __ __ _ _ _ ,.opyhght 2015 Dun & Bradstreet - Provided under contract for the exclusive use of subscriber 100150009 • July 30, 2015 C A:RCHi GING- ._';icII:IL'�'..II•�II: •rlltl ll';?.'::itn.;;!fli,�tai?! CarCharging Completes Capital Raise Electric Vehicle Charging Service Owner, Operator, and Provider Will Focus on Bringing Financials Current and Releasing Next Generation EV Charging Equipment MIAMI BEACH, Fla., July 30, 2015 /PRNewswire/-- Car Charging Group, Inc. (OTCQB: CCGI) ("CarCharging"), the largest owner, operator, and provider of electric vehicle (EV) charging services, announced that it has closed an offering (the "Offering") and raised net proceeds of$830,000 with its largest institutional shareholder, Eventide Gilead Fund (NASDAQ: ETGLX, ETAGX, ETCGX, ETILX) ("Eventide"), a Boston-based Registered Investment Advisor. The Offering consisted of convertible preferred securities with a conversion price of$0.70 and warrants exercisable at$1.00. The proceeds will be utilized to bring our financials current and to release the next generation of EV charging equipment. "In 2015, we have focused our efforts on managing cash, enhancing operations, and investing in various technological initiatives to expand the features available on the Blink Network, the software that operates, monitors, and tracks the Blink stations and all of its charging data," said Michael D. Farkas, CarCharging's Founder and Chief Executive Officer. "Going forward, we will work diligently on bringing our financials up-to-date and to release our next generation of electric car charging hardware." This press release does not constitute an offer to sell or a solicitation of an offer to buy shares in CarCharging, nor shall there be any offer, solicitation or sale of securities in any jurisdiction in which such offer, solicitation, or sale would be unlawful. About Car Charging Group, Inc. Car Charging Group, Inc. (OTCQB: CCGI) is a pioneer in nationwide public electric vehicle (EV) charging services, enabling EV drivers to easily recharge at locations throughout the United States. Headquartered in Miami Beach, FL with offices in San Jose, CA; New York, NY; and Phoenix, AZ; CarCharging's business model is designed to accelerate the adoption of public EV charging. CarCharging has strategic partnerships across multiple business sectors including multi- family residential and commercial properties, parking garages, shopping malls, retail parking, and municipalities. Through its subsidiary, Blink NetwQJ ; CarCharging also provides residential EV charging solutions for single-family homes. For more information, please visit lavo r.ttini<HQ corn. For more information about CarCharging, please visitwww CarcPiarui0g w, vivp.i.f;icehon1«-,:imiCar-Charging, orwww.twitter.c ,r)LGrchri ina. Forward-Looking Safe Harbor Statement: This press release contains forward-looking statements as defined within Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. By their nature, forward-looking statements and forecasts involve risks and uncertainties because they relate to events and depend on circumstances that will occur in the near future. -Those statements include statements regarding the intent, belief or current expectations of Car Charging Group, Inc., and members of its management as well as the assumptions on which such statements are based. Prospective investors are cautioned that any such forward-looking statements are not guarantees of future performance and involve risks and uncertainties, and that actual results may differ materially from those contemplated by such forward-looking statements. The Company undertakes no obligation to update or revise forward-looking statements to reflect changed conditions. Investor Relations and Media Contacts: CarCharging Media Contact: Suzanne Tamargo . ::r:,n=) tt c%��i'c:!1 , r�i rnm (305) 521-0200 x 214 To view the original version on PR Newswire; visitnttu "I+Nyvw-utt:w.5wire.cominoATT jrl _lc�C:a� `.f:�la _ 11?h '1if15is�s-,:C)S_C t)I�r�i F1ise .��11�1 IU-16 httnl SOURCE Car Charging Group, Inc. CCHAGINGTh TAB 3—Scope of Services Proposed Submit detailed information addressing how Proposer will achieve each portion of the statement of work re•uired and technical re•uirements outlined in A. .endix C Minimum Re.uirements and Specifications. Responses shall be in sufficient detail and include supporting documentation,as applicable, which will allow the Evaluation Committee to complete a full review and score the proposed scope of services. Scope of Services Provided Approach Car Charging proposes to install, operate, and maintain Blink Level 2 and Blink Direct Current Electric Vehicle Charging Stations, as appropriate, at various Parking and Surface Lots in the City of Miami Beach including the following City parking facilities located at: 1. 7th Street & Collins Avenue—Install two (2) Blink Level 2 charging stations. 2. 17th Street Garage—Install two (2) Blink Level 2 charging stations._ 3. 13th Street Garage—Install two (2) Blink Level 2 charging stations. 4. 42nd Street Garage—Install two (2) Blink Level 2 charging stations. 5. 12th Street & Drexel Garage—Install two (2) Blink Level 2 charging stations. 6. City Hall Garage; 1755 Meridian Avenue—Install two (2) Blink Level 2 charging stations. 7. Pennsylvania Avenue Garage—Install two (2) Blink Level 2 charging stations. 8. Anchor Garage, 16th Street & Collins Avenue—Install two (2) Blink Level 2 charging stations. 9. Collins Avenue &72"d Street—Install two (2) Blink Level 2 charging stations. 10. Any other municipal surface parking lots that may be identified. This proposal includes, but is not limited to, the following: • Provide full design services to integrate existing electrical power to the proposed EVSE stations; • Develop complete construction ready plans and documents for supplying power to EVSE stations per City standards and requirements; • Secure all related permits and coordinating with utility companies and permitting agencies; • Activate and test the EVSE stations once installation of the proposed EVSE stations is complete. Methodology ✓ CarCharging provides turnkey electric vehicle charging solutions utilizing state of the art equipment. ✓ The electric vehicle charging stations would be installed and maintained at no cost to the City of Miami Beach. Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager Due::August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 33 C1CHJGINGTh ✓ The City of Miami Beach will be reimbursed for all electricity used by the charging stations. The charging stations contain internal meters that accurately measure the amount of electricity consumed by the units and can be monitored remotely. ✓ The charging stations are capable of communicating their locations to the Internet and smart phone (iPhone, Blackberry and Android) applications so that they may easily be found by electric vehicle owners. ✓ Users pay CarCharging for the use of the charging station at the time of use. A portion of all revenues received from the charging stations installed in the City of Miami Beach (including any advertising revenues), plus the reimbursement for any electricity consumed by the charging stations will be paid to the City of Miami Beach on a monthly basis. ✓ Based upon the usage of the charging stations, CarCharging will determine whether it is necessary to move existing stations and/or to install additional charging stations. ✓ CarCharging handles all customer usage, billing and customer issues. ✓ CarCharging's business model is designed so that it generates revenue for the City of Miami Be ach without creating any cost to the City of Miami Beach. Work Plan The first step in the installation process was an overall site review of each City of Miami Beach Garage where our agents evaluated the properties and have determined the most visible and electricity- accessible location(s) for the EV charging units. The visibility of units is vitally important, especially in the first round of installations, because better familiarity and awareness of EV charging locations will alleviate "range anxiety" (the fear of being stranded without electricity because no chargers are available) in potential consumers and EV purchasers. If Blink Network is awarded this opportunity, our electrician will obtain the necessary permits and will add any required additional capacity to the electric panels to accommodate future industry growth. Upon installation, the units will be tested and commissioned. Once the units are commissioned, their exact location will be available on EV charging station map(s) and mobile phone application(s) so that they may be located and utilized by EV drivers. CarCharging's implementation of the Project will require completion of the following projected milestones: * 1. Project Administration (month 1) - Once an agreement is executed between CarCharging and City of Miami Beach, we estimate that it will take 60-90 days for all permitting to be completed. Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No.2015-177-JR Attention:Ted Masser,Grants Manager Due: August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 34 CACHIGING TM 2. Finalize Agreements (month 1) — CarCharging staff will execute agreements with sub-contractors and establish project accounting/billing procedures. This milestone can be executed simultaneously with Project Administration. 3. Finalize Site Plan/Engineering Design (month 1)—CarCharging and its sub-contractors have already evaluated the properties and have identified optimal locations for the installation of charging stations. We will use local electricians to obtain the necessary permits and add any required additional capacity to the electric panels in order to accommodate future growth. All EV charging station installations are completed in compliance with state and local codes and regulations. 4. Equipment Installation (month 2) - It is estimated that upon delivery of the equipment and obtaining final permit approval, CarCharging can complete the construction/installation activities within 2-3 weeks. Upon installation, the units will be commissioned and tested by CarCharging. Once the units are commissioned, the EV charging station location(s) and detail(s) will be available on EV charging station map(s) and mobile phone application(s) so that drivers may find and utilize the stations. CarCharging will furnish and install all material, equipment, and labor for EVSE station signage and pavement markings. 5. EVSE Operations, Service and Maintenance Program (ongoing) - CarCharging and/or its designated local subcontractor(s) will implement the Operations, Service and Maintenance Program for the life of the Project. Units that are not working, that do not pose a safety hazard, will be repaired and available for public use within 10 business days. CarCharging handles all service and maintenance issues including all parts and labor for all installed Equipment. 6. Data Collection and Reporting (ongoing) —CarCharging staff will provide: • Electric vehicle charging station usage reports on a monthly basis; • Real-time access to online reports; • An annual preventative maintenance schedule at the beginning of each contract year • Weekly updates on all Standard and Emergency services that are in process and completed. Reports will be provided on Monday before noon an shall include; station location and address, service date, station status, resolution, date of scheduled repair, date of completion; • Quarterly reports on maintenance and repairs. Reports will be provided by the 3`d day of every quarter and shall include; station location and address, service date, station status, resolution, date of scheduled repair, date of completion. * Please note, that each task in the timeline may vary depending on the following factors: (a) local permitting procedures, (b) complexity of installations, and (c) infrastructure construction requirements. Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No.2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 35 CARCHARGING' Power: Proposer to provide details on the access to power to be provided by the City. The City of Miami Beach will be responsible for providing electricity and maintaining the electric meter serving the EVCS (the City is able to obtain a better per kilowatt/hour rate than CarCharging). CarCharging will be responsible for all electricity consumed from the use of the EVCS on the property and shall reimburse, as applicable,the City of Miami Beach for all consumption of electricity. CarCharging will provide monthly usage reports to validate billing and will reimburse the City of Miami Beach within thirty (30) days following receipt of the monthly electricity invoice. CarCharging shall issue the revenue payment before the fifteenth (15th) day of each subsequent month to the applicable revenue period. Preventative Maintenance As specified by the City of Miami Beach, CarCharging shall ensure that all Electric Vehicle Charging Stations networks are maintained on a quarterly basis. CarCharging shall schedule a service visit within two (2) weeks after notification of contract award to ensure electric vehicle charging stations are in proper working condition. CarCharging will develop and provide the City of Miami Beach a preventative maintenance schedule. Blink Network,LLC a subsidiary of Car Charging Group,Inc. RFP No.2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 36 CTM TAB 4—Approach and Methodology Submit detailed information on how Proposer plans to accomplish the required scope of services, including detailed information, as applicable, which addresses, but need not be limited to: implementation plan, project timeline, phasing options,testing and risk mitigation options for assuring project is implemented on time and within budget. Approach Car Charging proposes to install, operate, and maintain Blink Level 2 and Blink Direct Current Electric Vehicle Charging Stations, as appropriate, at various Parking and Surface Lots in the City of Miami Beach including the following City parking facilities located at: 1. 7`h Street& Collins Avenue—Install two (2) Blink Level 2 charging stations. 2. 17th Street Garage—Install two (2) Blink Level 2 charging stations. 3. 13th Street Garage—Install two (2) Blink Level 2 charging stations. 4. 42nd Street Garage—Install two (2) Blink Level 2 charging stations. 5. 12th Street & Drexel Garage—Install two (2) Blink Level 2 charging stations. 6. City Hall Garage, 1755 Meridian Avenue—Install two (2) Blink Level 2 charging stations. 7. Pennsylvania Avenue Garage—Install two (2) Blink Level 2 charging stations. 8. Anchor Garage, 16th Street & Collins Avenue—Install two (2) Blink Level 2 charging stations. 9. Collins Avenue & 72nd Street—Install two (2) Blink Level 2 charging stations. 10. Any other municipal surface parking lots that may be identified. This proposal includes, but is not limited to, the following: • Provide full design services to integrate existing electrical power to the proposed EVSE stations; • Develop complete construction ready plans and documents for supplying power to EVSE stations per City standards and requirements; • Secure all related permits and coordinating with utility companies and permitting agencies; • Activate and test the EVSE stations once installation of the proposed EVSE stations is complete. Methodology ✓ CarCharging provides turnkey electric vehicle charging solutions utilizing state of the art equipment. ✓ The electric vehicle charging stations would be installed and maintained at no cost to the City of Miami Beach. ✓ The City of Miami Beach will be reimbursed for all electricity used by the charging stations. The charging stations contain internal meters that accurately measure the amount of electricity consumed by the units and can be monitored remotely. Blink Network, LLC a subsidiary of Car Charging Group,Inc. RFP No.2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach,FL 33139 (305)521-0200 x 223 37 CACHAGINGTh ✓ The charging stations are capable of communicating their locations to the Internet and smart phone (iPhone, Blackberry and Android) applications so that they may easily be found by electric vehicle owners. ✓ Users pay CarCharging for the use of the charging station at the time of use. A portion of all revenues received from the charging stations installed in the City of Miami Beach (including any advertising revenues), plus the reimbursement for any electricity consumed by the charging stations will be paid to the City of Miami Beach on a monthly basis. ✓ Based upon the usage of the charging stations, CarCharging will determine whether it is necessary to move existing stations and/or to install additional charging stations. ✓ CarCharging handles all customer usage, billing and customer issues. ✓ CarCharging's business model is designed so that it generates revenue for the City of Miami Beach without creating any cost to the City of Miami Beach. Work Plan The first step in the installation process was an overall site review of each City of Miami Beach Garage where our agents evaluated the properties and have determined the most visible and electricity- accessible location(s) for the EV charging units. The visibility of units is vitally important, especially in the first round of installations, because better familiarity and awareness of EV charging locations will alleviate "range anxiety" (the fear of being stranded without electricity because no chargers are available) in potential consumers and EV purchasers. If Blink Network is awarded this opportunity, our electrician will obtain the necessary permits and will add any required additional capacity to the electric panels to accommodate future industry growth. Upon installation, the units will be tested and commissioned. Once the units are commissioned, their exact location will be available on EV charging station map(s) and mobile phone application(s) so that they may be located and utilized by EV drivers. CarCharging's implementation of the Project will require completion of the following projected milestones: 1. Project Administration (month 1) - Once an agreement is executed between CarCharging and City of Miami Beach, we estimate that it will take 60-90 days for all permitting to be completed. 2. Finalize Agreements (month 1) — CarCharging staff will execute agreements with sub-contractors and establish project accounting/billing procedures. This milestone can be executed simultaneously with Project Administration. Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No.2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 38 CiRCHAGING 3. Finalize Site Plan/Engineering Design (month 1)—CarCharging and its sub-contractors have already evaluated the properties and have identified optimal locations for the installation of charging stations. We will use local electricians to obtain the necessary permits and add any required additional capacity to the electric panels in order to accommodate future growth. All EV charging' station installations are completed in compliance with state and local codes and regulations. 4. Equipment Installation (month 2) - It is estimated that upon delivery of the equipment and obtaining final permit approval, CarCharging can complete the construction/installation activities within 2-3 weeks. Upon installation, the units will be commissioned and tested by CarCharging. Once the units are commissioned, the EV charging station location(s) and detail(s) will be available on EV charging station map(s) and mobile phone application(s) so that drivers may find and utilize the stations. CarCharging will furnish and install all material, equipment, and labor for EVSE station signage and pavement markings. 5. EVSE Operations, Service and Maintenance Program (ongoing) — CarCharging and/or its designated local subcontractor(s) will implement the Operations, Service and Maintenance Program for the life of the Project. Units that are not working, that do not pose a safety hazard, will be repaired and available for public use within 10 business days. CarCharging handles all service and maintenance issues including all parts and labor for all installed Equipment. 6. Data Collection and Reporting (ongoing) —CarCharging staff will provide: • Electric vehicle charging station usage reports on a monthly basis; • Real-time access to online reports; • An annual preventative maintenance schedule at the beginning of each contract year • Weekly updates on all Standard and Emergency services that are in process and completed. Reports will be provided on Monday before noon an shall include; station location and address, service date, station status, resolution, date of scheduled repair, date of completion; • Quarterly reports on maintenance and repairs. Reports will be provided by the 3rd day of every quarter and shall include; station location and address, service date, station status, resolution, date of scheduled repair, date of completion. * Please note, that each task in the timeline may vary depending on the following factors: (a) local permitting procedures, (b) complexity of installations, and (c) infrastructure construction requirements. Power: Proposer to provide details on the access to power to be provided by the City. The City of Miami Beach will be responsible for providing electricity and maintaining the electric meter serving the EVCS(the City is able to obtain a better per kilowatt/hour rate than CarCharging). CarCharging will be responsible for all electricity consumed from the use of the EVCS on the property and shall reimburse, as applicable, the City of Miami Beach for all consumption of electricity. CarCharging will provide monthly usage reports to validate billing and will reimburse the City of Miami Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No.2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach,FL 33139 (305)521-0200 x 223 39 cCHIGING Beach within thirty (30) days following receipt of the monthly electricity invoice. CarCharging shall issue the revenue payment before the fifteenth (15th) day of each subsequent month to the applicable revenue period. Preventative Maintenance As specified by the City of Miami Beach, CarCharging shall ensure that all Electric Vehicle Charging Stations networks are-maintained On a quarterly basis. CarCharging shall schedule a service visit within two (2) weeks after notification of contract award to ensure electric vehicle charging stations are in proper working condition. CarCharging will develop and provide the City of Miami Beach a preventative maintenance schedule. • Blink Network, LLC a subsidiary of Car Charging Group,Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28, 2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 40 CRCHAGING TA TAB 5—Revenue Sharing Proposal Submit a completed Revenue Sharing Proposal Form (Appendix E). For the initial seven (7) year term of the Agreement, CarCharging shall remit to the City of Miami Beach fifteen percent (15%) of the net profits generated by the Equipment, which shall include, but may not be limited to, all revenue generated by the EV charging fees and advertising, minus any and all taxes, 8%credit card transaction fees, and $18.00 per month, per EV charging station, in network/connectivity fees related to the operation of the Equipment. For the renewal term of seven (7) years, CarCharging shall remit to the.City of Miami Beach twenty percent (20%) of the net profits generated by the Equipment, which shall include, but may not be limited to, all revenue generated by the EV charging fees and advertising, minus any and all taxes, 8% credit card transaction fees, and $18.00 per month, per EV charging station, in network/connectivity fees related to the operation of the Equipment. CarCharging will be responsible for all electric charges applicable to the Equipment (the "Electricity Charges") and will reimburse the City of Miami Beach for all electricity used by the charging stations. All expenses will accrue into the next month until fully paid. CarCharging shall determine, arrange for and supervise all revenue collection generated by the Equipment. Please find a completed copy of the Revenue Sharing Proposal Form (Appendix E) attached to this proposal. • Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 41 • CCHIGING.rm Appendix E- Revenue Sharing Proposal Form • Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015477-JR Attention:Ted Manser,Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 42 • APPENDIX E REVENUE SHARING PROPOSAL FORM Failure to submifftevenue'Sharing Proposal Form,hilts entirety and:fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Proposer affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this RFP, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Proposal Tender Form shall be completed mechanically or,if manually, in ink.Sharing Revenue Proposal Form completed in pencil shall be deemed nonresponsive.All corrections on the Proposal Tender Form shall be initialed. MINIMUM PERCENT GUARANTEED ANNUAL SHARED REVENUE • TO BE PAID TO THE CITY FOR CONCESSION RIGHTS Write Annual Revenue Percent Annual Revenue Percents t e Fifteen(15) Percent first 7 years/Twenty(20) Percent 7 year renewal Percent. 15%/20% oo Eunng negotiations the City reserves the right to negotiate all elements of the revenue sharing,proposal. Proposer's Affirmation Company: Blink Network, LLC a subsidiary of Car Charging Group, Inc. Authorized Representative: Mr.Andy Kinard, President Address: 1691 Michigan Ave.,Suite 601 _ _ Telephone: (305)521-0200 Email: andy @carcharging.com ) Authorized Representative's Signature: 7 • • RFP 2015-177-JR 30 ' Appendix F—Insurance Requirements Please find copies of CarCharging's Certificates of Insurance listing the City of Miami Beach as the Certificate Holder attached that meet the requirements as outlined below: A. Worker's Compensation Insurance as required by Florida, with Statutory limits and Employer's Liability Insurance with limits of no less than $1,00.0,000 per accident for bodily injury or disease. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, contractual liability, 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 all owned, non-owned, and hired vehicles used in connection with the work, in an amount not less thank$1,000,000 combined single limit per occurrence,for bodily injury and property damage. D. Umbrella Liability with limits no less than $5,00.0,00.0. The umbrella coverage must be as broad as the primary General Liability coverage. Additional Insured Status The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor. Waiver of Subrogation Contractor hereby grants to City of Miami Beach a waiver of any right to subrogation, which any insurer of the Contractor may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Contactor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether of not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's ration Of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. Verification of Coverage Contractor shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section. All certificates of insurance and endorsements are to be received prior to any work commencing. However, failure to Obtain the required coverage prior to the work beginning shall not waive Contractor's obligation to provide them. The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach,FL 33139 (305)521-0200 x 223 43 CiCHGINGTh 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. Certificate Holder CITY OF MIAMI BEACH c/o PROCUREMENT DEPARTMENT 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 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. Blink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305) 521-0200 x 223 44 APPENDIX F Insurance Requirements RFP 20151 77 JR ELECTRIC VEHICLE CHARGING STATIONS FOR THE CITY'S PARKING FACILITIES, PARKING GARAGES AND SURFACE LOTS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 2015-177JR 31 ACT—WILD CERTIFICATE OF LIABILITY INSURANCE urctmrvu aulwrrrrl ekiwwwww""--- I 10/31/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does,not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Maria Green NAME: Sprezzatura Insurance Group, LLC (acNNa E:u: (305)482-9611 I ft/.Not:(705)750-2908 1100 NE 163rd Street ADDRESS,maria.green @sprinagroup.com Suite 404 INSURER(S)AFFORDING COVERAGE NAIC North Miami Beach FL 33162 ugsueeRA:Covin gton Specialty Insurance INSURED INSURER B:Commerce & Industry Ins Co• Car Charging Inc. INSURER C: 1691 Michigan Avenue, Suite 601 INSURERD: INSURER E Miami Beach FL 33139 INSURERF: COVERAGES CERTIFICATE NUMBER:CL14103101743 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AI3DL SUBR POLICY EFF POLICY EXP LIMBS ,LTR INSR WVD POLICY NUMBER (MM/OD/YYYY) (MMIDDIYYYY) GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE TO HENTEU , 100 000_ X COMMERCIAL GENERAL LIABILITY PREMISES(En occurrence) $ A CLAIMS-MADE © OCCUR V8A340586 11/1/2014 11/1/2015 MED EXP(Any mm person) $ 5,000 _ PERSONAL&ADV INJURY $ 1,000,000 _ GENERAL AGGREGATE - $ 2,000,000 GEM.AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO S 2,000,000 71 POLICY Ti JE n LOC $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea acCidenl) _$ _ ANY AUTO BODILY INJURY(Per parson) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS — AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS �^ AUTOS (Pot aa:kinnt) S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 10,000,000 B X EXCESS LIAO CLAIMS-MADE AGGREGATE - $ 10,000,000_ DED I I RETENTIONS 3E020447860 11/1/2014 11/1/2015 I ( $ - - WORKERS COMPENSATION - - I TORY LIMBS I IO E9 AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $ II yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE=POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD tot,Additional Remarks Schedule,if morn space is required) 30 Day Non Payment Cancellation Clause. The City of Miami Beach is additional insured with respects to General Liability as requirod by written contract or agreement. Project: ITB-13/14 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ( City of Miami Beach ACCORDANCE WITH THE POLICY PROVISIONS. 1700 Convention Center. Drive Miami. Beach, FL 33139 AUTHORIZED REPRESENTATIVE Joseph Hanono/JEN ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD V0_11 II BF IV^ I L. sa V B..Bl9O11.1 B 0 IINi4.1)V Ism III V16. I ri/ 1b/GU 15 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the cortificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATIONIS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME' WELLS FARGO INS INC/PAC NEP wr"'o,E„), ,FAX (NC, 715725 P: E': E-MAIL. PO ADDRESS' PO BOX 33015 INSURERS)AFFORDING COVERAGE NAIL SAN ANTONIO TX 78265 INSURERA: Twin City Fire In>urance Company 29459 INSURED IN1SLINER P' INSURER C: CAR CHARGING INC. ETAL INSURER D: 1691 MICHIGAN AVE STE 601 INSURER E. I MIAMI BEACH EL 33139 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NCR ADD!• SINIR PfuhJ(;1'EFL' POLICY Lai' ITR TYPE OF lM1:SURAM1'CF, .IYSH- MI POl,f41'M1'Ii�SfRF,R (MM/IIM'YYl2 , Un trn»tmY1'y1 L!•1!/71' COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLAIMS-MADE OCCUR DAMAGE TO RENTED PRF,MISES(Ea occurrence) 1 MED EXP(Anyone person] y PERSONALS ADV INJURY GENERAL AGGREGATE GENT.AGGREGATE LIMIT APPLIES PER: + POLICY PRO- LOC PRODUCTS•COMP,'OP AGO JECT OTHER: S AUTOMOBILE LIABILITY CONDONED SINGLE LIMIT AUTOMOBILE ..--, (Ea accident) ANY AUTO BODILY INJURY(Per parson) S ALL OWNED SCHEDULED 000ILY INJURY(Ref action') _ AUTOS AUTOS - HIRED AUTOS NON-OWNED PROPERTY DAMAGE y AUTOS (Per accident) 5 UMBRELLA LIAB OCCUR EACH OCCURRENCE - _~ - EXCESS LIAR CLAIMS-MADE AGGREGATE Olio RETENTION 9 _ S RTOR[ER1•('I1bIPNm:1nay - - -- - .-..� A UtE I IUH- ANT EMPLOYERS' INR-1 ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L EACH ACCIDENT ";1, 000, 000 OFFICGRIMEMDER EXCLUDED? A (Mandatary in NH) I I wA _ 4L WF,:G 81)22 14 01/07/2015 01/07/2016 E.LOISEASE.EAEMPLOYEE '1, 000, 000 It yes.annalbr,Under E.L DISEASE-POLICY LIMIT 51, 000, 000 DESCRIPTION OF OPERA r10NS oelow DESCRIPTION OF OPERA TIONSI LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Those usual co the Insured' s Operations . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED • BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. _ty of Miami Beactl AUTHORIZED REPRESENTA FIVE 1700 CONVENTION CENTER DR / `- --"7 { .,,\.___-- MIAMI BEACH, FL 33139 ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 26(2014/01) The ACORD name and logo are registered marks of ACORD �...._._v ti,,c rc I i r i I.ti I C, V r L I J I L I I T I IV 0 U rcA INI 4 C I 07/07/2015' PRODUCER ROBERT SCHNEIDER INS AGCY INC THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION 243 W PORTLAND ST ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PHOENIX AZ 85003 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# taHARGING, INC. I INSURER A:State Farm Fire and Casualty'. 26143 1691 MICHIGAN AVE STE 601 INSURER B; cl MIAMI BEACH FL 331139-2563 INSURER C: INSURER Di _ '...1, INSURER E: iA COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR�ADD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR IINBR TYPE OF INSURANCE I DATE(MM/001YYYY) DATE(MMIDD/YYYY) GENERAL LIABILITY EACH OCCURRENCE S —I COMMERCIAL GENERAL LIABILITY P (ERENTED PRREMISES EMISES(Ea occurrence) . 1 CLAIMS MADE h OCCUR MED EXP(Any one Demon) S PERSONAL R ADV INJURY 5 I GENERAL AGGREGATE 5 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS•COMP/OP AGO S —1 POLICY n PE� 7 LOC S AUTOMOBILE LIABILITY 237 4141-F13-03A 12/13/2015 06/13/2016 S 1000000 COMBINED SINGLE LIMIT —1 ANY AUTO 237 4143-F13-03A 12/13/2015 06/13/2016 (Ea=Went) X ALL OWNED AUTOS 2374138-F13-03A 12/13/2015 06/13/2016 BODILY INJURY 2374139-F13-03A 12/13/2015 06/13/2016 $ SCHEDULED AUTOS - (Par person) X HIRED AUTOS BODILY INJURY S X(NON-OWNED AUTOS (Per accident) _ PROPERTY DAMAGE $ I (Per accident) GARAGE LIABILITY AUTO ONLY•EA ACCIDENT $ 7 ANY AUTO OTHER THAN _EA ACC $ 7 AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE _S _ I OCCUR CLAIMS MADE AGGREGATE $ . S DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION AND WC STATU- 0TH- EMPLOYERS'LIABILITY I I TORY LIMTS ER ANY PROPRIETORIPARTNER/F•XECUTIVF•^ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? I I - (Mandatory In NH} E.L.DISEASE•EA EMPLOYEE $ If yes.describe under - SPFr'IAI PROVISIONS SPIVw E.L DISEASE-POLICY LIMIT, $ OTHER i i 1n`Z5VM bL ttl b g ftiiIoR l rIrdfr errg`ttaBORO, ITS ELECTED AND APPOINTED OFFICIALS, OFFICERS,AGENTS, EMPLOYEES AND VOLUNTEERS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF MIAMI BEACH DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 60 DAYS WRITTEN 1700 CONVENTION CENTER DRIVE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,OUT FAILURE TO DO SO SHALL .MI BEACH, FL 33138 IMPOSE NO OBLIGATION OR LIABILITY OP ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. tibliibTRUKAVIAR ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1001486 132849.3 04-06.2009 r CRCHAGINGTh Attachment-Code of Ethics CarCharging will adopt, as required in the ordinance,the City of Miami Beach Code of Ethics. Please find a signed copy of the City of Miami Beach Code of Ethics attached to this proposal. • • Blink Network,LLC a subsidiary of Car Charging Group, Inc. RFP No. 2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach, FL 33139 (305)521-0200 x 223 45 P RESOLUTION NO. 2000-23879 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A CONTRACT WITH THE CITY OF MIAMI BEACH WHEREAS, the Greater Miami Chamber of Commerce ("GMCC") adopted a Model Code of Business Ethics(the"Model Code"); and WHEREAS,the City of Miami Beach is a member of the GMCC;and WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community; and WHEREAS; the GMCC encourages its members to adopt the principles and practices outlined in the Model Code;and WHEREAS, the Commission believes that each entity which does business with the City of Miami Beach should be required, as a condition of doing business with the County to adopt a Code of Business Ethics. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA: Section 1. Each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code") and submit that Code to the City Manager or his or her designee prior to execution of any contract between the contractor and the City. The Code of Business shall, at a minimum, require the contractor to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provisions of the City Code. Section 2. The Commission'urgcs the Greater Miami Chamber of Commerce to require that all of its members adopt the Model Code of Business Ethics. Section 3. This resolution shall become effective immediately upon its adoption. P • • , PASSED and ADOPTED this 12th day of April .2000 ATTEST: IAYO R :(1tiuWY ealc � .� CITY CLERK. • APPROVED AS TO PCRM&LANGUAC. &FOR EXECUTIOi... • Ii >� -7z-� • • GREATER MIAMI CHAMBER OF COMMERCE. MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber of Commerce ("GMCC") seeks to create and sustain an ethical business. • climate for its members and the community by adopting a Code of Business Ethics. The GMCC encourages its members to incorporate the principles. and practices outlined here in their individual codes of ethics which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated Into marketing materials. The GMCC believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a statement of rinciples to help guide decision and actions based on respect for the importance of ethical business standards in the community, the GMCC believes the adoption of a meaningful code at ethics is the responsibility of every business and professional organization. Compliance with Government Rules & Regulations • . We will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; • In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open; • We will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General, or appropriate law enforcement authorities. Recruitment, Selection & Compensation of Vendors and Suppliers • We will avoid conflicts of interest and disclose such conflicts when identified; • Gifts which compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party Or accept such a kickback. Business Accoun g tin • All our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no 'off the books" transactions or secret accounts. Promotion and Sales of Products and Services • Our products will comply with all applicable safety and quality standards; • We will promote and advertise our business and its products or services in a manner which is not misleading and does not falsely disparage our competitors; Doing Business with the Government • We will conduct business with government agencies and employees in a manner which avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; • Our bids will be competitive, appropriate to the bid documents and arrived at it dependently; • Any challenges to contracts awarded will have a substantive basis and not be pursued merely because we are the,unsuccessful bidder; • We will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated Invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. • We will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. • We will not seek or expect preferential treatment on bids based on our participation In political campaigns. Public Life and Political Campaigns • We encourage all employees to participate in community life, public service and the political process; • We encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and community issues; • Our contributions to political parties, committees or individuals will only be made in accordance with applicable law and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; • We will not contribute to the campaigns, of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. • We will not knowingly disseminate false campaign information or support those who do. 1 ' 4ai?Lv�+ ok ��, l c:• ,A,s,a0 - ►'��5.5�:_� I Company Name` " Corporate Offi er D_ tv 2 ��ik. h:ej;t-mac 2k-' 1 • • TIF DO AP:? PfI3: 19 CITY OF MIAMI BEACH OFFICE OF THE MAYOR& COMMISSION_ ,. . MEMORANDUM TO: LAWE.R,ENCE LEVY CITY MANAGER FROM: JOSE SMITH COMMISSIONER DATE: APRIL d,2000 RE: RESOLUTION REQUIRING THAT CONTRACTORS ADOPT A CODE OF BUSINESS ETHICS BEFORE EN'T'ERING INTO A CONTRACT •WITH THE CITY OF MIAMI BEACH Please place the attached resolution on the agenda at the next meeting of the Mayor and City Commission on April 12, 2000. • • JS/jnt Agenda Item Date 44- 2-00 CCHAGING rm Attachment- Blink Level 2 Electric Vehicle Charging Station Specification Sheet Wink Network, LLC a subsidiary of Car Charging Group, Inc. RFP No.2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami beach, FL 33139 (305)521-0200 x 223 46 Simply smarter. bi On k Blink Pedestal Charger Simply Smarter Pedestal Design Electric Vehicle Supply Equipment(EVSE),such as the Blink Pedestal charger,provides a convenient method of charging electric vehicles. The pedestal design provides intelligent,user-friendly features to easily and safely charge electric vehicles. BYO Benefits of Blink's Unique Design • Modern,stylish appearance • Ease of installation • Advertising space available • Convenient cable management for long reach and storage between uses :.. • Connector holster for protection and storage • Intuitive connector docking • Selective height design for convenient conformity with ADA considerations • 360° beacon light for easy woyfinding J1772 Standard EV Connector The SAE 11772 is the standard for electric vehicle charging in the United States. • Ergonomic design • Prevents accidental disconnection • Grounded pole-First to make contact, last to break contact • Designed for over 10,000 cycles • Can withstand being driven over by a vehicle • Safe in wet or dry conditions Energy Meter • Internal meter to monitor energy and demand usage • Supports energy usage data evaluation • Supports electric utility EV billing when certified to ANSI 12.20 and IEC standards • Connects with AMI interface and smart meter capability for demand response and energy management Touch Screen • Convenient,user-friendly touch screen display • Charge status and statistics • • Pre-loaded with Blink Commercial User Interface 0 Learn more at blinknetwork.com 1,2 •_ ; 0., • , • 1 o LI � yr 'II!, t `.� _�'• 4 Proven Technology and Reliable Safety balk Features Additional Features • Charge circuit interruption device(COD)with automatic test • Smartphone applications for status changes • Ground monitoring circuit and notifications of completion or interruption • Nuisance-tripping avoidance and auto re-closure of charge • Cold load pickup(randomized auto-restart following power outage) ▪ Controllable output to support utility demand • Certified energy and demand metering response requests • Wireless IEEE 802.11 g • Revenue systems support LAN capable • Multiple input current settings to conveniently • AMI interface capable accommodate electric service capabilities • Multiple modes of communications including • Web based bi-directional data Flow wireless,cellular,802.15 protocol capable, • Cord management system LAN Blink Level 2 Pedestal Charger Specifications Safety Input Voltage 208 VAC to 240 VAC+/- 10% • Interlocks with EV drive system so EV cannot Input Phase Single drive when connector is inserted in vehicle inlet Frequency 50/60 Hz • De-energizes EVSE if connector and cable are Input Current 30 Amps(maximum);12A,16A,24A available subjected to excessive strain • Breaker Size 40 Amps;settings at 15A/20A/30A available Charge current interrupting device(CCID)with automatic test feature for personal protection Output Voltage 208 VAC 240 VAC+/ 10% • Connector parts are de-energized until latched Output Phase Single in vehicle inlet Pilot SAE J1772-compliant • Meets all National Electric Code requirements Connector/Cable SAE J1772-compliant;UL-rated at 30A maximum • UL Listed Cable Length 18 feet(estimated) Exterior Dimensions Pedestal:66"H x 20"W x 17"D Standards and Certifications Temperature Rating -22°F(-30°C)to+122 'F(+50 °C) • SAE J1772 compliant Enclosure NEMA Type 3R;sun-and-heat-resistant • NEC article 625 electric vehicle charging system • UL and ULc to 2594 CiCHAGING ' M Attachment_Blink DCFC Electric Vehicle Charging Station Specification Sheet Blink Network,LLC a subsidiary of Car Charging Group,Inc. RFP No.2015-177-JR Attention:Ted Manser,Grants Manager Due:August 28,2015 1691 Michigan Ave.,Suite 601 Miami Beach,FL 33139 (305)521-0200 x 223 47 b!i1I( s Simply smarter. DC Fast Charger • Simply Smarter Commercial Design The Blink DC Fast Charger enables the quick transfer of electricity from a grid power unit(GPU)to electric vehicle.DC Fast Charging (480 volt 3-phase AC input)is the fastest method for charging electric vehicles.The Blink design offers intelligent,user-friendly features and provides commercial opportunities to business owners. clean. Benefits of the Blink DC Fast Charger Design • Simplified 2-piece design;separate GPU(containing the power electronics)and charging station allow for ease of installation and 1111111:11 • design aesthetics • Fully customizable exterior treatment and graphics available • • 42`LCD display for optional media and advertising • Adspac e available through the Blink Network to provide additional revenue • Connects with AMI interface&smart meter capability for demand response and energy management - • Dual ports for increased user access and availability _ • Beacon light and window for increased visibility CHAdeMO Compliant EV Connector • CHAdeMO -endorsed connector for use on fast charge-capable electric vehicles worldwide • • Ergonomic design arm • Intuitive connector docking for protection and storage + • Prevents accidental disconnection - • Can withstand being driven over by a vehicle • Safe in wet or dry conditions Fast,Convenient, and Easy to Use • Capable of providing an 80%charge in fewer than 30 minutes* • Integrated with the Blink Network • Smart RFID technology allows for ease of payment • Can operate independent of a retailer point of sale(POS)system • Smartphone application provides; -Charge station locations and GPS navigation ' -Charge status -Notification of completion or interruption of charge • User-friendly,interactive touchscreen display _r • Web-based information delivery • Provides charge status and cost of charge Information I • Easily programmable start/stop timing •Dependent on battery size.vehicle battery management system, state of charge,and operation under optimal conditions. ® Learn more at blinknetwork.com r � clean• ' 4 � 4 • Proven Technology and Reliable Safety bink Blink DC Fast Charger Specifications Additional Features Maximum Output Power 60 kW Max(Setting Adjustable 30kW-60kW) • Certified energy and demand metering; Maximum Output Current 200 Amps(may be limited by DC Connector selected) meets ANSI C12.20 and IEC687 Minimum Output Current 5 Amps • Wireless 3G,Ethernet capable Output Voltage 200 VDC 450 VDC • Demand response capable via third- Input Voltage 208/400/480/600 VAC 3-Phase Party software control system • Top hang cable management system Frequency 50/60 Hz • Interactive touch screen Input Current 200 Amps at 208 VAC RFID validation interface •100 Amps at 400 VAC • Web-based media delivery 89 Amps at 480 VAC 71 Amps at 600 VAC . Quality Control and Facility Connector/Cable Yazaki-CHAdeMOcompliant 120A rated Certifications Cable Length 12 feet(estimated) Charging Station Dimensions S2 W x 98'H x 15'D Manufacturing facility meets all relevant Charging Station Might 450 Ibs Facility certifications, including: • ISO-9001:2008 GPU Exterior Dimensions 69"H x 53'W x 36'D • UL manufacturing facility certification GPU Weight 1017 lbs or other nationally-recognized testing Temperature Rating -4'F(-20 C)to+122 •F(+50 'C) laboratory(NRTL)manufacturing facility Enclosure NEMA Type 3R;sun and heat resistant certification Charge Control CHAdeMO compliant Efficiency 90%or greater Standards and Certifications Power Factor .9 or better • NEC article 625 electric vehicle Charge Ports 2 charging system • • UL listed to UL2202,UL2231,and UL2251 (for EVSE) Energy Meter • UL 50 UL standard for enclosures for • Internal meter to monitor energy and demand usage electrical equipment • Supports energy usage data evaluation Learn more at blinknetwork.com 1 r ATTACHMENT D ISNURANCE REQUIRMENTS ■ MI AAA( BEACH INSURANCE REQUIREMENTS The provider shall furnish to Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance as required by Florida, with Statutory limits and Employer's Liability Insurance with limit of no less than$1,000,000 per accident for bodily injury or disease. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, contractual liability, 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 all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than$1,000,000 combined single limit per occurrence, for bodily injury and property damage. D. Umbrella Liability with limits no less than $5,000,000. The umbrella coverage must be as broad as the primary General Liability coverage. Additional Insured Status The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor. Waiver of Subrogation Contractor hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. Verification of Coverage Contractor shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section. All certificates of insurance and endorsements are to be received prior to any work commencing. However, failure to obtain the required coverage prior to the work beginning shall not waive the Contractor's obligation to provide them. The City of Miami Beach reserves the right to require complete,certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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. Certificate Holder CITY OF MIAMI BEACH do PROCUREMENT DEPARTMENT 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 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. RFP 2015-177JR 32