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Resolution 2018-30462 RESOLUTION NO. 2018-30462 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 1 TO THE CONCESSION AGREEMENT BETWEEN THE CITY AND BLINK NETWORK, INC FOR A SELF-SERVING ELECTRIC VEHICLE (EV) CHARGING STATION SERVICES PROGRAM FOR THE CITY'S PARKING FACILITIES; SAID AMENDMENT EXPANDING THE SCOPE OF THE AGREEMENT TO ADD THE CONVENTION CENTER GARAGE (G11) AND THE COLLINS PARK GARAGE (G12) TO THE PROGRAM; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL AMENDMENT. WHEREAS, on July 8, 2015, the City Commission approved the issuance of Request for Proposal (RFP) No. 2015-177-JR, which was awarded to Blink Network Inc. ("Blink") on October 14, 2015, pursuant to Resolution No. 2015-29164; and WHEREAS, on November 2, 2016 the City and Blink executed a Concession Agreement for a Self-service EV Charging Station Services Program for the City's Parking Facilities (RFP 2015-177-JR) (the "Agreement"); and WHEREAS, the Agreement grants Blink the right to operate a Program that includes, among others, installation, operation, maintenance and management of a concession for self- service EV Stations for public use in certain municipal parking facilities ("City Properties"), defined in the Agreement as the "Concession Service Zone", and delineated in Exhibit "A" of the Agreement; and WHEREAS, the Administration recommends adding the Convention Center Garage (G11) and the Collins Park Garage (G12) to the list of City Properties delineated in Exhibit "A" of the Agreement, to allow Blink to install, operate and manage additional charging stations on these additional City Properties; and WHEREAS, in accordance to Section 2.1 of the Agreement, any modification to the list of City Properties contained in the Concession Service Zone are subject to the prior written approval of the City Commission, in its sole and absolute discretion; and WHEREAS, the Administration recommends the approval, in substantial form, of Amendment No. 1 to the Agreement, a copy of which is attached to the City Commission Memorandum accompanying this Resolution, providing for the addition of the G11 and G12 garages to the scope of the 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 approve, in substantial form, Amendment No. 1 to the Agreement for a Self-serving EV Charging Station Services Program for the City's Parking Facilities Between the City and Blink Network, Inc.; said Amendment expanding the scope of the Agreement to add the Convention Center Garage (G11) and the Collins Park Garage (G12) to the Program; and further authorize the Mayor and City Clerk to -.-cute the final Amendment. �,��r„��,I� //x� ,,1,�111 PASSED and ADOPTED thi tlk.gf,9eft •,r tr ATTEST• tfvCORp 10h -I: C ly-r, M-'or • •J•'OVED AS TO �• �. . I•NGUAGE c1/27 I i Y` • ,• _ ' 40 FOR - ECUTION Rafael E. Granado, City Jerk � � :,. •- `• t\agenda\2018\09 september\parking\blink 1 amenaMentlestlg0t ?'• Lo _ sr61) City Attorney A/ Date Resolutions- C7 M MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 12, 2018 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 1 TO THE CONCESSION AGREEMENT BETWEEN THE CITY AND BLINK NETWORK, INC. FOR A SELF-SERVING ELECTRIC VEHICLE (EV) CHARGING STATION SERVICES PROGRAM FOR THE CITY'S PARKING FACILITIES; SAID AMENDMENT EXPANDING THE SCOPE OF THE AGREEMENT TO ADD THE CONVENTION CENTER GARAGE (G11) AND THE COLLINS PARK GARAGE (G12) TO THE PROGRAM; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL AMENDMENT. RECOMMENDATION Adopt the Resolution approving, in substantial form, Amendment No. 1 to the agreement between the City and Blink Network, Inc. ANALYSIS On July 8, 2015, the City Commission approved the issuance of Request for Proposal (RFP) No. 2015-177-JR, which was awarded to Blink Network Inc. (Blink) on October 14, 2015, by Resolution no. 2015-29164. The agreement with Blink was executed on November 2, 2016. The Agreement grants Blink the right to operate a Program that includes, among others, installation, operation, maintenance and management of a concession for self-service EV Stations for public use in certain municipal parking facilities, defined as the Concession Service Zone (Exhibit A to the Agreement). At this time the City is interested in modifying the Concession Service Zone by adding the Convention Center Garage (G11) and the Collins Park Garage (G12) to the facilities listed in Exhibit A of the Agreement, to allow Blink to install, operate and manage the additional charging stations in the identified municipal parking facilities. In accordance to Section 2.1 of the Agreement, any modification to the list of Properties contained in the Concession Service Zone shall be subject to prior written approval of the City Commission, in its sole and absolute discretion. CONCLUSION The Administration recommends that the Mayor and Commission approve and authorize the Mayor and City Clerk to execute Amendment No. 1, substantially in the form attached, to the Agreement Page 472 of 1802 between the City and Blink Network, Inc. pursuant to RFP 2015-177-JR, for a self-serving EV charging station services program for the City's parking facilities. L gislative Tracking Parking ATTACHMENTS: Description ❑ Resolution ❑ Draft Agreement Page 473 of 1802 AMENDMENT NO. 1 TO THE CONCESSION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND BLINK NETWORK, LLC This Amendment No. 1 ("Amendment")to the Concession Agreement, dated November 2, 2016, between the City of Miami Beach, Florida (the "City") and Blink Network, LLC ("Blink") is entered into this day of September, 2018 ("Effective Date"). WHEREAS, on November 2, 2016, the City and,.;Blink executed a Concession Agreement for a Self-service Electric Vehicle (EV) Charging'Station Services Program for the City's Parking Facilities (the"Agreement"); and WHEREAS, the Agreement grants Blink therright to operates a Program that includes, among others, installation, operation, maintenance-and management of a concession for self- service EV Stations for public use in certain Municipal parking facildies--(the "City Properties"), defined in the Agreement as the "Concession Service Zone", and delineated-.in Exhibit "A" of the Agreement; and WHEREAS, the parties wish to-modifying the Concession Service Zone by adding the Convention Center Garage (G11) and they.Collins Park_Garage (G12) to the list of City Properties delineated in Exhibit "A" of the Agreement, in order.to allow Blink to install, operate and manage additional charging stations in these additional City,properties; and WHEREAS, gaccordanceilo Sectioa'2.1 ofthe Agreement,any modification to the list of Properties containedlu the Concession Ser lice Zone shall be subject to prior written approval of the City Commission ir.its sole and-absolute discretion; and WHEREAS on , the=Mayor and City Commission adopted Resolution No. - + , approving, this Amendment, expanding the scope of the Agreegent to include the-:G11 anckG12 garages:, NOW,THEREFORE in t 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 Consultant hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. C The above recitals are^true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Agreement is hereby modified as follows: (a) Exhibit"A" to the Agreement, entitled "Concession Service Zone" is hereby deleted in its entirety and replaced with the attached Exhibit"A" 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 Page 475 of 1802 provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. IN WITNESS WHEREOF, the City and Blink have caused this Amendment to be executed by their respective and duly authorized officers the day and year first hereinabove written. CITY: CONCESSIONAIRE: CITY OF MIAMI BEACH, FLORIDA BLINK NE=TWORK, LLC Dan Gelber, Mayor Signature Print Name Attest: Tills;, Rafael E. Granado, City Clerk_ UVitness/Signatpre Print Name Date -- - Date t:\agenda\2018\09,september\parking\blink amendment.docx Page 476 of 1802 Exhibit A ILII Concession Service Zone 1. 7th Street& Collins Avenue (G1)(24 hours) 2. 17th Street Garage (G5)(24 hours) 3. 13th Street Garage (G3)(24 hours) 4. 42nd Street Garage (G6)(12 hours) 5. 12th Street & Drexel Garage (G2)(24 hours) 6. City Hall Garage, 1755 Meridian Avenue (G7)(24 hours) 7. Pennsylvania Avenue Garage (G9)(24 hours) 8. Anchor Garage, 16th Street & Collins Avenue (G4)(24 hours) 9. Municipal Parking Lot No. P-92, Collins & 72ndStreet 10. Convention Center Garage (G11)(24 hours) I, 11. Collins Park Garage (G12)(24 hours) 12. 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. III Page 477 of 1802