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Resolution 2019-31025 RESOLUTION NO. 2019-31025 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO. 2 TO THE CONCESSION AGREEMENT BETWEEN THE CITY AND BLINK NETWORK, LLC, FOR A SELF-SERVING ELECTRIC VEHICLE (EV) CHARGING STATION SERVICES PROGRAM FOR THE CITY'S PARKING FACILITIES; SAID AMENDMENT NO. 2 EXPANDING THE SCOPE OF THE AGREEMENT TO ADD THE SUNSET HARBOR GARAGE (G10) TO THE PROGRAM; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL AMENDMENT NO. 2. 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, LLC ("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 Sunset Harbor Garage located at 1900 N. Bay Road (G10) to the list of City Properties delineated in Exhibit "A" of the Agreement, to allow Blink to install, operate and manage additional charging stations at this additional location; and WHEREAS, in accordance with 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 of Amendment No. 2 to the Agreement, a copy of which is attached to the City Commission Memorandum accompanying this Resolution, providing for the addition of the G10 garage 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 Amendment No. 2 to the Agreement between the City and Blink Network, LLC, for a Self-Serving Electric Vehicle (EV) Charging Station Services Program for the City's Parking Facilities; said Amendment No. 2 expanding the scope of the Agreement to add the Sunset Harbor Garage (G10)to the program; and further authorizing the Mayor and City Clerk to execute the final Amendment No. 2. PASSED and ADOPTED this/(' day of QGP✓ • .. 011111) - P.• '•' ' I OVER AS TO ATTEST. �. \ •Qin' _icer, Mayor \ C• FORM & LANGUAGE clIt 9 (IN;RIORATEDI &FOR EXECUTION Rafael E. Granado, Cit ClerkY f:\ping\$man\rar\agreement\blink amend2-res.d•• " .r I 3 �► •� / � ..- • City Attorney I Date h4,'pCy 6TM�� ' ,� 2 Resolutions -C7 P MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jirriny L. Morales, City Manager DATE: October 16, 2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO. 2 TO THE CONCESSION AGREEMENT BETWEEN THE CITYAND BLINK NETWORK, LLC, FOR A SELF-SERVING ELECTRIC VEHICLE (EV) CHARGING STATION SERVICES PROGRAM FOR THE CITY'S PARKING FACILITIES; SAID AMENDMENT NO. 2 EXPANDING THE SCOPE OF THE AGREEMENT TO ADD THE SUNSET HARBOR GARAGE (G10) TO THE PROGRAM; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL AMENDMENT NO. 2. RECOMMENDATION Adopt the Resolution approving, in substantial form, Amendment No. 2 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 Sunset Harbor Garage located at 1900 N Bay Road (G10) to the facilities listed in Exhibit A of the Agreement, to allow Blink to install, operate and manage the adaitional charging stations at this location. 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. Page 746 of 2557 CONCLUSION The Administration recommends that the MayPr and Commission approve and authorize the Mayor and City Clerk to execute Amendment No. 2 to the Agreement 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. Legislative Tracking Parking ATTACHMENTS: Description o Amendment o Resolution Page 747 of 2557 AMENDMENT NO. 2 TO THE CONCESSION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND BLINK NETWORK, LLC This Amendment No. 2 ("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 , 2019 ("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 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 (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 modify the Concession Service Zone by adding the Sunset Harbor Garage located at 1900 N. Bay Road (G10) 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 at this additional location; and WHEREAS, in accordance with Section 2.1 of the Agreement, any modification to the list of Properties contained in the Concession Service Zone shall be subject to prior written approval of the City Commission, in its sole and absolute discretion; and WHEREAS, on September 11, 2019, the Mayor and City Commission adopted Resolution No.2019- , approving this Amendment, expanding the scope of the Agreement to include the G10 garage. 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 Consultant 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 as follows: Page 748 of 2557 (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 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 NETWORK, LLC Dan Gelber, Mayor Signature Print Name Attest: Title Rafael E. Granado, City Clerk Witness/Signature Print Name Date Date APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION cCt f:lping\$man\rarlagreement\blink amend2.docx City Attorney Nee Date Page 749 of 2557 Exhibit A Concession Service Zone 1. 7th Street & Collins Avenue (G1)(24 hours) 2. 12th Street & Drexel Garage (G2)(24 hours) 3. 13th Street Garage (G3)(24 hours) 4. Anchor Garage, 16th Street & Collins Avenue (G4)(24 hours) 5. 17th Street Garage (G5)(24 hours) 6. 42nd Street Garage (G6)(12 hours) 7. City Hall Garage, 1755 Meridian Avenue (G7)(24 hours) 8. Pennsylvania Avenue Garage (G9)(24 hours) 9. Sunset Harbor Garage (G10)(24 hours) 10. Convention Center Garage (G11)(24 hours) 11. Collins Park Garage (G12)(24 hours) 12. Municipal Parking Lot No. P-92, Collins & 72nd Street 13. 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. Ii Page 750 of 2557