Amendment No.3 to Agreement with Blink Network, LLC DocuSign Envelope ID:49064827-456B-4C14-A031-D391E325D240
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AMENDMENT NO.3 TO THE CONCESSION AGREEIVIENT
BETWEEN
THE CITY OP MIAMI BEACH,FLORIDA
AND
BLINK NETWORK,LLC 6/24/2022 I 1:10 EDT
This Amendment No. 3("Amendment")to the Concession Agreement,dated November
2,-2016,between the City of Miami Beach,Florida(the"City")and Blink Network,i_LC("Blink"or
`Concessionaire")is entered into this.lhth__...day of_may.___ _,2022("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"to the
Agreement;and
WHEREAS,the parties executed Amendment No. 1 to the Agreement,with an Effective
Date of September 12,2018,to add the Gil Garage to the scope of the Agreement;and
WHEREAS, on November 8, 2019, the parties executed Amendment No. 2 to the
Agreement to add the G10 Garage to the scope of the Agreement (the Agreement and
Amendments No.1 and 2 shall be collectively referred to herein as the"Agreement");and
WHEREAS,the parties wish to modify the Agreement to add the new municipal parking
tat,located at 8100 Hawthorne Ave(P100),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 N L4•1 2022.,the Mayor and City Commission adopted Resolution
No.2022- 3 1 1\-•1 , pproving this Amendment,expanding the scope of the Agreement
to Include the new P100 municipal parking lot as part of the Program.
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NOVV 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.
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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."
(b)Section 27 is hereby deleted in its entirety and replaced with the following:
27.CONCESSIONAIRE'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
27.1 Concessionaire shall comply with Florida Public Records law under Chapter 119,
Florida Statutes,as may be amended from time to time.
27.2 The term"public records"shall have the meaning set forth in Section 119.011(12),
which means 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.
27.3 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 required by the City to perform the service;
b. Upon request from the City's custodian of public records,provide the City with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119,Florida Statutes 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, for the duration of the contract term and following completion of the
Agreement if the Concessionaire does not transfer the records to the City;
d. Upon`completfiin,of the Agreement,transfer,'at no.c6s4'to the City,all public
records in possession of the Concessionaire or keep end maintain public
records required by the City to perform the service, If the Concessionaire
transfers all public records to the City upon completion of the Agreement,the
Concessionaire shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Concessionaire keeps and maintains public records upon completion of the
Agreement, the Concessionaire shall meet all applicable requirements for
retaining public records.All records stored electronically must be provided to
• the City,upon request from the City's custodian of public records,in a format
that is compatible with the Information technology systems of the City.
27.4 REQUEST FOR RECORDS;NONCOMPLIANCE.
a. A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records,the City shall immediately notify the Concessionaire of the
request,and the Concessionaire must provide the records to the City or allow
the records to be inspected or copied within a reasonable time.
b. Concessionaire's failure to comply with the City's request for records shalt
constitute a breach of this Agreement,and the City,at its sole discretion,may:
(1)unilaterally terminate the Agreement;(2)avail itself of the remedies set forth
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under the Agreement;and/or(3)avail itself of any available remedies at law or
in equity.
c. A Concessionaire who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119.10.
27.5 CIVIL ACTION. •
a. If a civil action is filed against a Concessionaire to compel production of public
" records relating to the City's contract for services,the court shall assess and •
award against the Concessionaire the reasonable costs of enforcement,
including reasonable attorneys'fees,If:
1. The court determines that the Concessionaire unlawfully refused to
comply with the public records request within a reasonable time;and
2. At least B business days before filing the action,the plaintiff provided
written notice of the public records request,including a statement that
the Concessionaire has not complied with the request,to the City and
to the Concessionaire.
b. A notice complies with subparagraph(a)(2)if it is sent to the City's custodian
of public records and to the Concessionaire at the Concessionaire's address
listed on its contract with the City or to the Concessionaire's registered agent.
Such notices must be sent by common carrier delivery service or by registered,
Global Express Guaranteed,or certified mail,with postage or shipping paid by
the sender and with evidence of delivery,which may be inan electronic format.
c. A Concessionaire who complies with a public records request within 8 business
days after the notice is sent is not liable for the reasonable costs of
enforcement
(r-) IF THE CONCESSIONAIRE HAS QUESTISNS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, OR AS
"TO THE CONCESSIONAIRE'S DUTY 670 PROVIDE PUBLIC ,...
RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF MIAIUIIU BEACH
ATTENTION: RAFAEL,E.GRANADO,CITY CLERK
1700 CONVENTION CENTER DRIVE
6iflt�tbtll BEACH, FLORIDA 33139
E-MAIL: RAFAELGRAANADOMIAMIBEACUFL.COV
PHONE: 305.6673-7411
(c) A new Section 28 Is hereby added to the Agreement,as follows:
28.INSPECTOR GENERAL AUDIT RIGHTS
28.1 Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may,on a random basis,perform
reviews, audits, inspections and investigations on all City contracts, throughout the
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duration of said contracts. This random audit is separate and distinct from any other
audit performed by or on behalf of the City.
28.2 The Office of the Inspector General is authorized to investigate City affairs and
} empowered to review past,present and proposed City.programs,accounts,records,
contracts and transactions. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of witnesses and
monitor City projects and programs.Monitoring of an existing City project or program
may Include a report concerning whether the project Is on time,within budget and in
•
conformance with the contract documents and applicable law.The Inspector General
shall have the power to audit, investigate, monitor, oversee, inspect and review
operations,activities,performance and procurement process including but not limited •
to project design, bid specifications, (bid/proposal) submittals, activities of the
Concessionaire,Its officers,agents and employees,lobbyists,City staff and elected
officials to ensure compliance with the contract documents and to detect fraud and
corruption. Pursuant to Section 2-378 of the City Code, the City Is allocating a
percentage of its overall annual contract expenditures to•fund the activities and
operations of the Office of Inspector General.
28.3 Upon ten (10)days written notice to the Concessionaire, the Concessionaire shall
make all requested records and documents available to the Inspector General far
inspection and copying;The Inspector General is empowered to retain the services of
independent private sector auditors to audit,investigate,monitor,oversee,inspect and
review operations activities,performance and procurement process including but not
limited to project design,bid specifications,(bid/proposal)submittals,activities of the.
Concessionaire its officers, agents and employees,lobbyists,City staff and elected
officials to ensure compliance with the contract documents and to detect fraud and
corruption.
28.4 The Inspector General shall have the right to inspect and copy all documents and
records in the Concessionaire's possession,custody or control which in the Inspector
General's sole judgment, pertain to performance of the contract, including, but not
limited to original estimate files,change order estimate tiles„worksheets, proposals
and agreements from and with successful subcontractors and suppliers dill projedt-
related correspondence,memoranda,instructions,financial documents,construction
documents, (bid/proposal) and contract documents, back-change documents, all.
documents and records which involve cash, trade or volume discounts, insurance
proceeds, rebates, or dividends received, payroll and personnel records and
supporting documentation for the aforesaid documents and records.
28.5 The Concessionaire shall make available at its office at all reasonable times the
records,rriaterials,and other evidence regarding the acquisition(bid preparation)and
performance of this Agreement,for examination,audit,or reproduction,until three(3)
years after final payment under this Agreement or for any longer period required by
statute or by other clauses of this Agreement.In addition; •
If this Agreement is completely or partially terminated,the Concessionaire shall
make available records relating to the work terminated until three (3)years
after any resulting final termination settlement;and
h, The Concessionaire shall make available records relating to appeals or to
litigation or the settlement of claims arising under or relating to this Agreement
until such appeals,litigation,or claims are finally resolved.
28.6 The provisions in this section shall apply to the Concessionaire, its officers, agents,
employees,subcontractors and suppliers.The Concessionaire shall incorporate the
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provisions in this section in all subcontracts and all other agreements executed by the
Concessionaire in connection with the performance of this Agreement.
28.7 Nothing in this section shall impair any independent right to the City to conduct audits
or investigative activities.The provisions of this section are neither intended nor shall
they be construed to impose any liability on the City by the Concessionaire or third
parties.
(d) A new Section 29 is hereby added to the Agreement,as follows:
29.•E-VERIFY
29.'I 1'o the extent that Concessionaire provides labor, supplies, or services under this
Agreement, Concessionaire shall comply with Section 448:095, Florida Statutes,
"Employment Eligibility" ("E,Verify Statute"), as may be amended from time to
time. Pursuant to the E-Verily Statute, commencing on January 1, 2021,
Concessionaire shalt register-with and use the E-Verify system to verify the work
authorization status of all newly hired employees during the Term of the
Agreement. Additionally. Concessionaire shall expressly require any subcontractor
performing work or providing services pursuant to the Agreement to likewise utilize the
U.S. Department of Homeland Security's F..-Verify system to verify the employment
eligibility of all now employees hired by the subcontractorduring the contract Term. If
Concessionaire enters Into a contract with an approved subcontractor, the
subcontractor must provide the Concessionaire•with an affidavit stating that the •
subcontractor'does not employ, contract with, or subcontract with en unauthorized
alien, Concessionaire shall maintain a copy of such affidavit for the duration of the
contract or such other extended period as may be required under this Agreement,
29.2 TERMINATION RIGHTS,
a. If the City has a good faith belief that Concessionaire has knowingly violated
Section 4ht8.09(1),Florida Statutes,which prohibits any'berson from knowingly
employing,hiring,recruiting,or referring an alien who is not duly authorized to
work by tho immigration laws or the Attorney General of the United States,the
City shall terminate this Agreement with Concessionaire for cause,and the City
Shall thereafter have or owe no further obligation or liability to Concessionaire.
b. If the City has a good faith belief that a subcontractor has knowingly violated
the foregoing Subsection 29.1,but the.Concessionaire otherwise complied with
such subsection,the City will promptly notify the Concessionaire and order the
Concessionaire to immediately terminate the contract with the
subcontractor. Concessionaire's failure to terminate a subcontractor shall be
an event of default under this Agreement, entitling City to terminate the
Concessionaire's contract forcause.
c. A contract terminated under the foregoing Subsection 29.2(a)or 29,2(h)is
not in broach of contract and may not be considered as such.
d. The City or Concessionaire or a subcontractor may file an action with the
Circuit or County Court to challenge a termination under the foregoing
Subsection 29.2(a)or 29.2(b)no later than 20 calendar days after the date
on which the contract war;terminated.
e. If the City terminates the Agreement with Concessionaire under the foregoing
Subsection 29.2(a),Concessionaire may not be awarded a public contract for
at least'I year,after the date of termination of this Agreement.
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I. Concesslonaire is liable(or any additional costs incurred by the.City as a result
of the termination of this Agreement under this Section 29.
3. RATIFICATION.
Except as amended herein,all other terms and conditions of the Agreement shall remain
unchanged and in full force and effect. In the event there is a conflict between the
provisions of this Amendment and the Agreement,the provisions of this Amendment shall
govern.
[THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANf
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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 horoinabove written.
CITY: CONCESSIONAIRE
•
CITY OF MIAMI BEACH,FLORIDA BLINK NETWORK,LLC
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Michnul Battaglia
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Date Date
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APPROVED AS TO
FORM &LANGUAGE
& FOR EXE UTION
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Exhibit A
Concession Service Zone
'I. 71"Street&Collins Avenue(G1)(24 hours)
2. 12U1 Street&Drexel Garage(G2)(24 hours)
3. 13t1 Street Garage(G3)(24 hours)
4. Anchor Garage, 161"Street&Collins Avenue(G4)(24 hours)
5. 171h Street Garage(G5)(24 hours)
6. 42nd Street Garage(G6)(12 hours)
7. City Hall Garage, 1755 Meridian Avenue(G7)(24 hours)
0. Pennsylvania Avenue Garage(G9)(24 hours)
9. Sunset Harbor Garage(G'i0)(24 hours)
10. Convention Center Garage(G11)(24 hours)
11. Collins Park Garage(G12)(24 hours)
12. Municipal Parking Lot No.P-92,Collins&72rti1 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, ,...
14. Municipal Parking Lot No.P-100, 8100 Hawthorne Avenue
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RESOLUTION NO. 2022-32141
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE CONCESSION '
AGREEMENT BETWEEN THE CITY AND BLINK NETWORK, INC, FOR THE .
INSTALLATION, OPERATION, MAINTENANCE AND MANAGEMENT OF A
CONCESSION FOR SELF-SERVICE ELECTRIC VEHICLE (EV) CHARGING
STATIONS ON CITY PARKING FACILITIES; SAID AMENDMENT EXPANDING
THE SCOPE OF THE AGREEMENT TO ADD THE NEW SURFACE PARKING
LOT,LOCATED AT 8100 HAWTHORNE AVENUE(P100),TO THE PROGRAM.
WHEREAS,on July 8, 2015,the City Commission approved the issuance of Request for
Proposals No.2015-177-JR for Electric Vehicle Stations for.the City's Parking Facilities, Parking
Garages and Surface Lots (the "REP"), which was awarded to Blink Network Inc. ('Blink") on
October 14,2015, pursuant to Resolution No.2015-29164;and
WHEREAS, on November 2, 2016, pursuant to the RFP, the City and Blink executed a
Concession Agreement for the installation, operation, maintenance and management of electric
vehicle (EV) charging stations for the City's parking facilities, parking garages and surface lots
(the"Agreement");and
WHEREAS, the Agreement grants Blink the non-exclusive right to operate a Program,
that includes the 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" to the
Agreement;and
WHEREAS, the parties executed Amendment No. 1 to the Agreement, with an Effective
Date of September 12,2018,to add the G11 Garage to the scope of the Agreement;and
WHEREAS, on November 8, 2019, the parties executed Amendment No. 2 to the
Agreement to add the G10 Garage to the scope of the Agreement;and
WHEREAS, the Administration recommends adding the new surface parking lot located
at 8100 Hawthorne Avenue (P100)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 City Manager recommends approving Amendment No. 3 to the
Agreement, in the form attached to the City Commission Memorandum accompanying this
Resolution;said amendment providing for the addition of the new P100 surface parking lot 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 and authorize the City Manager and City Clerk to execute
Amendment No.3 to the Agreement between the City and Blink Network, Inc.,for the installation,
operation, maintenance and management of a concession for self-service electric vehicle (EV)
charging stations on City parking facilities; said amendment expanding the scope of the
Agreement to add the new surface parking lot, located at 8100 Hawthorne Avenue(P100), to the
Program.
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PASSED and ADOPTED this day of 1" , 2022.
ATTEST: Dan Gelber, Mayor
MAY I 0 2D22
Rafael E. t-rana.o, City Clerk
MCORP ORATE f
5.ir
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
f:\ping\$man\rarlagreement\blinkamend3-res.docx City Attorney p(t Date
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Resolutions-C7 L
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T.Hudak, City Manager -
DATE: May 4,2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE CONCESSION.
AGREEMENT BETWEEN THE CITY.AND BLINK NETWORK, INC, FOR
THE INSTALLATION, OPERATION, MAINTENANCE, AND MANAGEMENT
OF A CONCESSION FOR SELF-SERVICE ELECTRIC VEHICLE (EV)
CHARGING STATIONS ON CITY PARKING FACILITIES; SAID
AMENDMENT EXPANDING THE SCOPE OF THE AGREEMENT TO ADD
THE NEW SURFACE PARKING LOT, LOCATED AT 8100 HAWTHORNE
AVENUE (P100),TO THE PROGRAM.
RECOMMENDATION
That the Mayor and City Comrission hereby approve and authorize the City Manager and City
Clerk to execute Amendment No.3 to the Agreement between the City and Blink Network, Inc.
BACKGROUND/HISTORY
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
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 201.5-177-JR) (the
"Agreement").
The Agreement grants Blink the right to operate a Program,that includes the 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"to the Agreement.
The parties executed.Amendment No. 1 to the Agreement, with an Effective Date of September 12,
2018, to add the G11 Garage to the scope of the Agreement. On November 8, 2019, the parties
executed Amendment No.2 to the Agreement to add the G10 Garage to the scope of the Agreement.
The.Administration recommends adding the new surface parking lot located at 8100 Hawthorne
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I ,
Avenue(P100)to the list of City Properties delineated in Exhibit"A"to the Agreement,to allow Blink
to.install,operate and manage additional charging stations at this additional location.
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.
ANALYSIS
n/a
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SUPPORTING SURVEY DATA •
n/a
FINANCIAL INFORMATION,
n/a
•
Amount(s)/Account(s):
n/a
CONCLUSION
The City Manager recommends approving Amendment No. 3 to the Agreement, in the form
attached to the City Commission Memorandum accompanying this Resolution;said amendment
providing for the addition of the new P100 surface parking lot to the scope of the Agreement.
Applicable Area
North Beach
3• 0
Is this a"Residents Right _Does this item utilize G.Q.
to Know"item.pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Parking
ATTACHMENTS:
Description
o Amendment No.3
o Exhibit A
o Resolution •
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AMENDMENT NO.3 TO THE CONCESSION AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH,FLORIDA
AND
BLINK NETWORK,LLC
This Amendment No. 3 ("Amendment")to the Concession Agreement, dated November
2,-2016,between the City of Miami Beach, Florida(the"City")and Blink Network,LLC("Blink'or
"Concessionaire")is entered into this day of ,2022("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"to the
Agreement;and
•
WHEREAS,the parties executed Amendment No. 1 to the Agreement, with an Effective
Date of September 12,2018,to add the Gil Garage to the scope of the Agreement;and
WHEREAS, on November 8, 2019, the parties executed Amendment No. 2 to the •
Agreement to add the G10 Garage to the scope of the Agreement (the Agreement and
Amendments No. 1 and 2 shall be collectively referred to herein as the"Agreement");and
WHEREAS,the parties wish to modify the Agreement to add the new municipal parking
• lot, located at 8100 Hawthorne Ave(P100),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 2022, the Mayor and City Commission adopted Resolution
No.2022- ,approving this Amendment,expanding the scope of the Agreement
to include the new P100 municipal parking lot as part of the Program.
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.
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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."
(b) Section 27 is hereby deleted in its entirety and replaced with the following:
27.CONCESSIONAIRE'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
27.1 Concessionaire shall comply with Florida Public Records law under Chapter 119,
Florida Statutes,as may be amended from time to time.
27.2 The term "public records" shall have the meaning set forth in Section 119.011(12),
which means 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.
27.3 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 required by the City to perform the service;
b. Upon request from the City's custodian of public records, provide the City with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes 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, for the duration of the contract term and following completion of the
Agreement if the Concessionaire does not transfer the records to the City;
d. Upon Umpletion'of the Agreement, transfer,`at no ciist:'to the City, all*public
records in possession of the Concessionaire or keep and maintain public
records required by the City to perform the service. If the Concessionaire
transfers all public records to the City upon completion of the Agreement,the •
Concessionaire shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Concessionaire keeps and maintains public records upon completion of the
• Agreement, the Concessionaire shall meet all applicable requirements for
retaining public records.All records stored electronically must be provided to
• the City, upon request from the City's custodian of public records, in a format
that is compatible with the information technology systems of the City.
27.4 REQUEST.FOR RECORDS;NONCOMPLIANCE.
a. A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records,the City shall immediately notify the Concessionaire of the
request,and the Concessionaire must provide the records to the City or allow
the records to be inspected or copied within a reasonable time.
b. Concessionaire's failure to comply with the City's request for records shall
constitute a breach of this Agreement,and the City,at its sole discretion,may:
(1)unilaterally terminate the Agreement;(2)avail itself of the remedies set forth
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under the Agreement;and/or(3)avail itself of any available remedies at law or
in equity.
c. A Concessionaire who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119.10.
27.5 CIVIL ACTION.
a. If a civil action is filed against a Concessionaire to compel production of public
records relating to the City's contract for services, the court shall assess and
award against the Concessionaire the reasonable costs of enforcement,
including reasonable attorneys'fees,if:
1. The court determines that the Concessionaire unlawfully refused to
comply with the public records request within a reasonable time;and
2. At least 8 business days before filing the action, the plaintiff provided
written notice of the public records request, including a statement that
the Concessionaire has not complied with the request,to the City and •
to the Concessionaire.
b. A notice complies with subparagraph (a)(2)if it is sent to the City's custodian
of public records and to the Concessionaire at the Concessionaire's address
listed on its contract with the City or to the Concessionaire's registered agent.
Such notices must be sent by common carrier delivery service or by registered,
Global Express Guaranteed,or certified mail,with postage or shipping paid by
the sender and with evidence of delivery,which may be in•an electronic format.
c. A Concessionaire who complies with a public records request within 8 business
days after the notice is sent is not liable for the reasonable costs of
enforcement.
(F) IF THE CONCESSIONAIRE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, OR AS
°TO THE CONCESSIONAIRE'S DUTY°•TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADOOM IAMIBEAC H FL.GOV
PHONE: 305-673-7411
(c) A new Section 28 is hereby added to the Agreement,as follows:
2B.INSPECTOR GENERAL AUDIT RIGHTS
28.1 Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may,on a random basis,perform
reviews, audits, inspections and investigations on all City contracts, throughout the
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duration of said contracts. This random audit is separate and distinct from any other
audit performed by or on behalf of the City.
28.2 The Office of the Inspector General is authorized to investigate City affairs and
, empowered to review past, present and proposed City programs, accounts, records,
{ contracts and transactions. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of witnesses and
monitor City projects and programs.Monitoring of an existing City project or program
• may include a report concerning whether the project is on time,within budget and in
conformance with the contract documents and applicable law.The Inspector General
shall have the power to audit, investigate, monitor, oversee, inspect and review
operations,activities, performance and procurement process including but not limited
to project design, bid specifications, (bid/proposal) submittals, activities of the
Concessionaire, its officers, agents and employees, lobbyists, City staff and elected
officials to ensure compliance with the contract documents and to detect fraud and
corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a
percentage of its overall annual contract expenditures to fund the activities and
operations of the Office of Inspector General.
28.3 Upon ten (10) days written notice to the Concessionaire, the Concessionaire shall
make all requested records and documents available to the Inspector General for
inspection and copying.The Inspector General is empowered to retain the services of
independent private sector auditors to audit,investigate,monitor,oversee,inspect and
review operations activities, performance and procurement process including but not
limited to project design, bid specifications, (bid/proposal)submittals, activities of the
Concessionaire its officers, agents and employees, lobbyists, City staff and elected
officials to ensure compliance with the contract documents and to detect fraud and
corruption.
28.4 The Inspector General shall have the right to inspect and copy all documents and
records in the Concessionaire's possession,custody or control which in the Inspector
General's sole judgment, pertain to performance of the contract, including, but not
a : ' limited to original estimate files, change order estimate files, worksheets,proposals
and agreements from and with sLccessful subcontractors and suppliers, ill project-
• related correspondence, memoranda, instructions, financial documents, construction
documents, (bid/proposal) and contract documents, back-change documents, all
documents and records which involve cash, trade or volume discounts, insurance
proceeds, rebates, or dividends received, payroll and personnel records and
supporting documentation for the aforesaid documents and records.
28.5 The Concessionaire shall make available at its office at all reasonable times the
records,materials, and other evidence regarding the acquisition(bid preparation)and
performance of this.Agreement,for examination,audit,or reproduction,until,three(3)
years after final payment under this Agreement or for any longer period required by
statute or by other clauses of this Agreement. In addition:
a. If this Agreement is completely or partially terminated,the Concessionaire shall
make available records relating to the work terminated until three (3) years
after any resulting final termination settlement;and
• b. The Concessionaire shall make available records relating to appeals or to
litigation or the settlement of claims arising under or relating to this Agreement
until such appeals,litigation,or•claims are finally resolved.
28.6 The provisions in this section shall apply to the Concessionaire, its officers, agents,
employees, subcontractors and suppliers. The Concessionaire shall incorporate the
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provisions in this section in all subcontracts and all other agreements executed by the
Concessionaire in connection with the performance of this Agreement.
28.7 Nothing in this section shall impair any independent right to the City to conduct audits
or investigative activities.The provisions of this section are neither intended nor shall
they be construed to impose any liability on the City by the Concessionaire or third
parties.
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(d) A new Section 29 is hereby added to the Agreement,as follows:
29.E-VERIFY
29.1 To the extent that Concessionaire provides labor, supplies, or services under this
Agreement, Concessionaire shall comply with Section 448.095, Florida Statutes,
"Employment Eligibility" CBVerify•Statute"), as may be amended from time to
time. Pursuant to the E-Verify Statute, commencing on January 1, 2021,
Concessionaire shall register'with and use the E-Verify system to verify the work
authorization status of all newly hired employees during the Term of the
Agreement. Additionally, Concessionaire shall expressly require any subcontractor
performing work or providing services pursuant to the Agreementto likewise utilize the
U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the subcontractor during the contract Term. If
Concessionaire enters into a contract with an approved subcontractor, the
subcontractor must provide the Concessionaire•with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized
alien. Concessionaire shall maintain a copy of such affidavit for the duration of the
contract or such other extended period as may be required under this Agreement.
29.2 TERMINATION RIGHTS.
a. If the City has a good faith belief that Concessionaire has knowingly violated
•
°Section°448.09(1),Florida Statutes,which prohibits any person from knowingly
employing,hiring, recruiting,or referring an alien who is not duly authorized to
work by the immigration laws or the Attorney General of the United States,the
City shall terminate this Agreement with Concessionaire for cause,and the City
shall thereafter have or owe no further obligation or liability to Concessionaire.
b. If the City has a good faith belief that a subcontractor has knowingly violated
the foregoing Subsection 29.1,but the Concessionaire otherwise complied with
such subsection,the City will promptly notify the Concessionaire and order the
Concessionaire to immediately terminate the contract with the
subcontractor. Concessionaire's failure to terminate a subcontractor shall be
an event of default under this Agreement, entitling City to terminate the
Concessionaire's contract for cause.
c. A contract terminated under the foregoing Subsection 29.2(a) or 29.2 (b) is
not in breach of contract and may not be considered as such.
d. The City or Concessionaire or a subcontractor may file an action with the
Circuit or County Court to challenge a termination under the foregoing
Subsection 29.2 (a)or 29.2 (b)no later than 20 calendar days after the date
on which the contract was terminated.
e. If the City terminates the Agreement with Concessionaire under the foregoing
Subsection 29.2(a),Concessionaire may not be awarded a public contract for
at least 1 year after the date of termination of this Agreement.
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f. Concessionaire is liable for any additional costs incurred by the City as a result
of the termination of this Agreement under this Section 29.
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.
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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
Alina T. Hudak,City Manager Signature •
Print Name
Attest: Title
•
Rafael E.Granado, City Clerk Witness/Signature
Print Name
•
Date Date
Q..-, n-._r . O'_• G O"t. I
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4
f 1pingl$manlrarlagreement\blink amend3.docx
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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.._. p_-. 4,.
14. Municipal Parking Lot No. P-100, 8100 Hawthorne Avenue
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