Amendment No. 1 to the Concession Agreement with Woosh Miami Beach LLCaor) dIRa3
AMENDMENT NO. 1 TO CONCESSION AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
AND
WOOSH MIAMI BEACH LLC
This Amendment No. 1 (the Amendment) to the Concession Agreement (the
Agreement), dated February 12, 2016, by and between the City of Miami Beach, Florida,
a municipal corporation organized and existing under the laws of the State of Florida,
having its principal place of business at 1700 Convention Center Drive, Miami Beach,
Florida 33139 (the City) and Woosh Miami Beach LLC, a Florida limited liability
company, with offices at 33-C Venetian Way, Suite 66,,IVliami Beach, Florida 33139 (the
Concessionaire), is entered into this t 16 day of C CTvFSi . , 2017 (Effective
Date).
RECITALS
WHEREAS, on July 8, 2015, the Mayor and City Commission adopted Resolution
Number 2015-29063, accepting the recommendation of the Sustainability Committee
and authorizing the Administration to negotiate an agreement with Concessionaire in
connection with the operation of a pilot program of smart water stations in the City of
Miami Beach; and
WHEREAS, on July 31, 2015, the Mayor and City Commission adopted Resolution
Number 2015-29102, waiving, by 517th vote, the competitive bidding requirement, finding
such waiver to be in the best interest of the City, and authoring the City Manager to
execute an agreement, containing the essential terms set forth in the term sheet, in
connection with the operation of a pilot program of smart water stations in the City of
Miami Beach, for an initial term of three (3) years, with one (1) one-year renewal term;
and
WHEREAS, on February 12, 2016, the City and Concessionaire executed the
Agreement; and
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Concessionaire hereby agree to amend the
Agreement as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Agreement is hereby modified (deleted items struck-threugh and inserted
items underlined) as follows:
(a) Subsection 1.2 of the Agreement is hereby modified to read as follows:
a_•
1.2 If the Operational Rollout Date does not occur within a-yeaf two (2) years
from the Effective Date of the Agreement, either party may terminate this
Agreement for convenience; following which, each party shall be
discharged from any and all liabilities, duties, and terms arising out of, or
by virtue of, this Agreement.
(b) Subsection 5.1 of the Agreement is hereby deleted in its entirety and
replaced with the following:
5.1 The City agrees to initially front the cost and work associated with the
installation of the electrical and water connections (including the water
meter) for the Program water stations (collectively, the "Utility
Connections") for the Concession Areas located at the Sunrise Plaza
and at the 27th Street (the "Initial Utility Connections"), ready for
Concessionaire to then connect each Program water station to the
corresponding Utility Connections. Concessionaire agrees to
reimburse the City for the Initial Utility Connections within fifteen (15)
days from receipt of the invoice (including backup documentation).
The reimbursable expenses associated with the installation of
the Initial Utility Connections and the water meters for all
Program water stations shall be the City's only expenditure with
regard to this Agreement. All other costs shall be the sole
responsibility of Concessionaire, The City shall provide
Concessionaire, at no cost to Concessionaire, the water meters
required to be used for all Proqram water station (the "City Approved
Water Meters"). Concessionaire agrees, at its sole cost and expense,
to assume the full responsibility for the installation of the Utility
Connections for the remaining twenty-three Program water stations
using the City Approved Water Meters, and to maintain the Utility
Connections for all Program water stations. The Utility Connections
will be completed in accordance with Exhibit 3.1.
(c) Exhibit 1 to the Agreement is deleted in its entirety and replaced with the
attached Exhibit 1.
(d) Exhibit 2 to the Agreement is deleted in its entirety and replaced with the
attached Exhibit 2.
(e) Exhibit 4 to the Agreement is deleted in its entirety and replaced with the
attached Exhibit 4.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Agreement, the provisions of
this Amendment shall govern.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIA 1 BEACH, FLORIDA
ATTEST:
By:
FOR CONCE IONAIRE:
ATTEST:
By:
Print Name
Date
orales, City Manager
OOSH MIAMI BEACH LLC
rily
AS
4- 17:g
i
Print 47'N—eame
F: ATTO/TORG \GISELA\FORMS\AMENDMENTS\AMENDMENTTEMPLATE
APPROVED AS TO
FORM & LANGUAGE
& Fao -X CUTION
.114
ty Al
orn y
05- 2 --
Dote
Exhibit 2
Program Equipment: Water Station spec
• Model: Wooshl Outdoor
• Raw Water: City's mains
• Capacity: Up to 24 Gallons/hour. Up to 90 people per hour
Power Consumption* per Fill = 0.009 KWH.
Power Consumption per Rinse = 0.008 KWH.
• Catalogue Number: WOD010500-110V
• Water inlet connection: 318" pipe PE type
• Drain connection: 3/8" pipe PE type
• Electrical connection requirements: 1 phase, 110, 60 Hz, 20A Line
• Electric & water connections: Underground infrastructure required
• Required area: 39.5"x39.5", 29" deep
▪ Water inlet pressure: Min: 1 Bar, Max 8
• Water inlet flow: min 2 GPM
(") Our power consumption tests were made under extreme conditions of surrounding
temperature 95°F/ direct sunlight/ 40 fills per hour/tap water inlet temperature 72°F
34
Exhibit 2
Program Equipment: Water Station Image
For Informational Purposes Only, Subject to Planning/Zoning Approval and
modification as necessary.
35
• 1.
Exhibit 2
Program Equipment: Typical Site Plan
For Informational Purposes Only, Subject to Planning/Zoning Approval and modification
as necessary.
See Annex A
36
o. i7
Dimensions - Outdoor Station
Ground Level
Concrete
f
Base
43,3in
Side View Top View
'L. 2-
Deployed Outdoor Stations