Resolution 2022-31989RESOLUTION NO. 2022-31989
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER, AND . ACCEPTING FOR CONSIDERATION AN
UNSOLICITED PROPOSAL, PURSUANT TO SECTION 255.065 OF THE
FLORIDA STATUTES, FOR THE MANUFACTURING, INSTALLATION,
MAINTENANCE, AND OPERATION OF INTERACTIVE DIGITAL KIOSKS;
AND FURTHER AUTHORIZING THE ADMINISTRATION TO PREPARE A
COMPETITIVE SOLICITATION FOR THE SAME PROJECT PURPOSE AS
THE UNSOLICITED PROPOSAL.
WHEREAS, the City currently has ten static informational directories on Lincoln Road
through an agreement with a contractor since April 18, 2001; and
WHEREAS, s agreement currently is operating on a month-to-month basis terminable by
the City, for convenience and without cause, upon thirty days prior written notice to the
contractor; and
WHEREAS, on January 11, 2017, the City Commission directed the Administration to
issue Request for Proposals (RFP) No. 2017 -074 -WG for Interactive Digital Media Kiosks; and
WHEREAS, on March 28, 2017, the City received proposals from Smart City Media,
LLC; CIVIC; Smartscapes, LLC; Intersection Parent, Inc.; Sensity Systems, Inc.; and Orange
Barrel Media, LLC.; and
WHEREAS, the Evaluation Committee convened on December 11, 2017 to consider
proposals received; and
WHEREAS, the evaluation process resulted in the proposers being ranked by the
Evaluation Committee in the following order:
151 ranked
- Smart City Media, LLC
2nd ranked
- Orange Barrel Media, LLC
3rd ranked
- CIVIQ Smartscapes, LLC
4th ranked
- Intersection Parent, Inc
5th ranked
- Sensity Systems, Inc.
WHEREAS, at its February 14, 2018 meeting, the City Commission adopted Resolution
No. 2018- 30196, approving the City Manager's recommendation to shortlist Orange Barrel
Media LLC (" Orange Barrel") and Smart City Media LLC (" Smart City") for further
consideration; and
WHEREAS, Smart City and Orange Barrel were required to install a demonstration kiosk
on Lincoln Road for approximately thirty (30) days to provide the Mayor.and City Commission
and the general public the opportunity to interact with and understand the functionality and size
of the kiosks; and
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WHEREAS, at its July 2, 2018 City Commission meeting, following presentations from
the short-listed firms and substantial deliberations and input from members of the general
public, the City Commission declined to accept the City Manager's recommendation to authorize
negotiations with Orange Barrel Media; and, should the Administration be unable to successfully
negotiate a contract with Orange Barrel Media, to authorize the Administration to negotiate with
Smart City Media; and
WHEREAS, the City Commission rejected all bids received under the RFP; at that time,
the general consensus of the City Commission was that the selection and installation of digital
kiosks was premature given the upcoming implementation of the Lincoln Road Master Plan and
that the technology proposed was rather new and untested; and
WHEREAS, on September 16, 2020, the City Commission approved agenda item C4M
which referred to the Finance and Economic Resiliency Committee a discussion on interactive
digital kiosks; and
WHEREAS, the referral was deferred a number of times and was subsequently
withdrawn on February 10, 2021 from the FERC agenda; and
WHEREAS, on August 25, 2021, the Administration received an unsolicited proposal to
manufacture, install, maintain, and operate interactive digital media kiosks at certain sites
throughout the City; and
WHEREAS, the proposal includes the manufacturing, installation, operation, and
maintenance of the digital kiosks at no cost to the City and provides the City with significant
revenue as a share of the revenue the proposer yields from advertising; and
WHEREAS, staff has conducted a preliminary analysis of the unsolicited proposal,
including the proposed equipment, functionality, and potential revenue; and
WHEREAS, staff has considered the proposer's performance on current contracts it has
with other municipalities; and
WHEREAS, based on the information received, City staff believes it is prudent to initiate
a competitive procurement process, while pursuing the procedure stipulated in Section 255.065,
Florida Statutes, in order to provide ample opportunity for other parties to submit proposals for
the project; and
WHEREAS, after reviewing staff's evaluation and reviewing the unsolicited proposal
received, the City Administration finds: first, the unsolicited proposal does present the potential
for significant revenue to be yielded by the City, which could be allocated by the City
Commission to supplement existing allocations or create new sources of revenue for specific
purposes or projects; and second, the RFP process considered herein does not bind the City in
any way and is only a means for receiving competitive proposals for comparative purposes; and
WHEREAS, it is important to note that the implementation of a digital kiosks project is
not being proposed at this time — only that the Mayor and City Commission authorize a process
by which other parties can submit proposals for the same project purpose as the unsolicited
proposal received by the City, subject to final award by the Mayor and City Commission; and
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WHEREAS, based on the foregoing, the City Manager recommends accepting the
unsolicited proposal for consideration, pursuant to section 255.065 of the Florida Statutes, and
authorize the Administration to prepare a competitive solicitation for the same project purpose
as the unsolicited proposal.
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, and accept for
consideration an unsolicited proposal, pursuant to Section 255.065 of the Florida Statutes, for
the Manufacturing, Installation, Maintenance, and Operation of Interactive Digital Kiosks; and
further authorize the Administration to prepare a competitive solicitation for the same project
purpose as the unsolicited proposal.
PASSED and ADOPTED this au
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ATTEST:
's. --.I NCO RP0R,TiD.'
FZAFAEL17 GRANADO, 'CITY CLERK
JAN 2 5 2022
day of Tr" 4G1- 2021.
DAN GELBER, MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
�! Zl
City Attornzy � Date
Page 400 of 1313
C7 -Resolutions W
MIAMI BEACH,
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: January 20, 2022
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE CITY MANAGER, AND ACCEPTING FOR CONSIDERATI-DN AN
UNSOLICITED PROPOSAL, PURSUANT TO SECTION 255.065 OF THE
FLORIDA STATUTES, FOR THE MANUFACTURING, INSTALLATION,
MAINTENANCE, AND OPERATION OF INTERACTIVE DIGITAL KIOSKS;
AND FURTHER AUTHORIZING THE ADMINISTRATION TO PREPARE A
COMPETITIVE SOLICITATION FOR THE SAME PROJECT PURPOSE AS
THE UNSOLICITED PROPOSAL.
M-'�IKWAM ►� •
It is recommended that the Mayor and City Commission accept the unsolicited proposal
received by the City, pursuant to section 255.065, Florida Statutes, and authorize the
Administration to seek altemative proposals for the same project purpose as the unsolicited
proposal for the manufacturing, installation, maintenance, and operation of interactive digital
kiosks.
BACKGROUND/HISTORY
The City currently has ten static informational directories on Lincoln Road through an agreement
with a contractor since April 18, 2001. This agreement currently is operating on a month-to-
month basis terminable by the City, for convenience and without cause, upon thirty days prior
written notice to the contractor.
On January 11, 2017, the City Commission directed the Administration to issue Request for
Proposals (RFP) No. 2017 -074 -WG for Interactive Digital Media Kiosks. The goal of the RFP
was to strategically locate interactive digital kiosks on Lincoln Road, as well as other locations
across the City, to assist residents and visitors by providing interactive information on local
restaurants and businesses, services, and transit, as well as providing a source of revenue for
the City. On March 28, 2017, the City received proposals from Smart City Media, LLC; CIVIC;
Smartscapes, LLC; Intersection Parent, Inc.; Sensity Systems, Inc.; and Orange Barrel Media,
LLC.
The Evaluation Committee convened on December 11, 2017 to consider proposals
received. The Evaluation Committee process resulted in the following initial ranking of
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proposers:
1St ranked
- Smart City Media, LLC
2nd ranked
- Orange Barrel Media, LLC
3rd ranked
- C I V I Q Smartscapes, LLC
4th ranked
- Intersection Parent, Inc
5th ranked
- Sensity Systems, Inc.
At its February 14, 2018 meeting, the City Commission adopted Resolution No. 2018- 30196,
approving the City Manager's recommendation to shortlist Orange Barrel Media LLC (" Orange
Barrel") and Smart City Media LLC (" Smart City") for further consideration. Smart City and
Orange Barrel were required to install a demonstration kiosk on Lincoln Road for approAmately
thirty (30) days to provide the Mayor and City Commission and the general public the opportunity
to interact with and understand the functionality and size of the kiosks.
At its July 2, 2018 City Commission meeting, following presentations from the short-listed firms
and substantial deliberations and input from members of the general public, the City.
Commission declined to accept the City Manager' s recommendation to authorize negotiations
with Orange Barrel Media; and, should the Administration be unable to successfully negotiate a
contract with Orange Barrel Media, authorizing the Administration to negotiate with Smart City
Media. Instead, the City Commission rejected all bids received under the RFP. At that time, the
general consensus of the City Commission was that the selection and installation of digital
kiosks was premature given the upcoming implementation of the Lincoln Road Master Plan and
that the technology proposed was rather new and untested.
On September 16, 2020, the City Commission approved agenda item C41VI which referred to
the Finance and Economic Resiliency Committee a discussion on interactive digital kiosks. The
referral was deferred a number of times and was subsequently withdrawn on February 10, 2021
from FERC agenda.
On August 25, 2021, the Administration received an unsolicited proposal from I KE Smart City, a
sister company to Orange Barrel Media, to manufacture, install, maintain, and operate interactive
digital media kiosks at certain sites throughout the City. The proposal includes the
manufacturing, installation, operation, and maintenance of the digital kiosks at no cost to the City
and provides the City with significant revenue as a share of the revenue the proposer yields
from advertising.
IKE Smart City currently has digital kiosks installed in 10 markets nationally, including: Baltimore,
MD, Cleveland, OH, Coral Gables, FL, Denver, CO, Miami, FL, Tampa, FL, Tempe, AZ, San
Antonio, TX, and St. Louis, MO. The firm has also been awarded five additional markets,
including: Atlanta, GA, Berkeley, CA, Cincinnati, OH, Detroit, MI, and Houston, TX.
Staff has conducted a preliminary analysis of the unsolicited proposal, including the proposed
equipment, functionality, and potential revenue. Staff has considered the proposer's
performance on current contracts it has with other municipalities. Based on the information
received, staff believes it is prudent to initiate a competitive process, as stipulated in Section
255.065, Florida Statutes, to allow other parties to submit competing proposals for the project.
It is important to note that the analysis conducted by staff is very preliminary and only intended to
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ascertain whether the unsolicited proposal should be considered, and others given an
opportunity to submit competing proposals for the project. If the City Commission approves this
item, the Administration will prepare an RFP and advertise it in accordance with Florida law. The
purpose of the RFP is only to allow other parties an opportunity.to submit a proposal that can be
compared against the unsolicited proposal received by the City. Once proposals have been
received, pursuant to the RFP, all proposals will be fully evaluated. At that time, the City
Manager may make an award recommendation to proceed with negotiations with one or more
respondents or may make a recommendation to reject all proposals received. The Mayor and
City Commission would need to authorize the negotiation process, as well as approve any final
contract should this project get to that point.
Further, Section 255.065, Florida Statutes, allows the City to charge a fee to any respondent to
the RFP to cover the City's cost of evaluating proposals received, including the unsolicited
proposal. At this point, the Administration is unable to determine what if any costs would be
incurred and, as a result, is unable to determine the fee that will be charged. However, should
the Administration determine that it is necessary to cover certain costs that may be incurred as a
result of the evaluation of proposals, Florida law does allow the City to impose the fee at a later
point in the process.
Finally, the purpose of the proposed RFP is only to advertise that the City has received an
unsolicited proposal for this project and allow other parties to submit competing proposals, as
required by Florida law. No other action is being proposed at this time.
SUPPORTING SURVEY DATA
NIA
FINANCIAL INFORMATION
Any resulting agreement will be revenue generating.
Amount(s)/Account(s):
N/A
CONCLUSION
After reviewing staff's evaluation and reviewing the unsolicited proposal received, I would
respectfully highlight the following points. First, the unsolicited proposal does present the
potential for significant revenue to be yielded by the City. Second, the RFP process
considered herein does not bind the City in any way and is only a means for receiving
competitive proposals for comparative purposes. It is important to note that the implementation
of a digital kiosks project is not being proposed at this time — only that the Mayor and City
Commission authorize a process by which other parties can submit proposals for the same
project purpose as the unsolicited proposal received by the City. The decision to move forward
with any project for digital kiosks would require several approvals by the Mayor and City
Commission.
Therefore, based on the foregoing, I recommend that the Mayor and City Commission of the
City of Miami Beach, Florida, approve the Resolution accepting , an unsolicited proposal
pursuant to section 255.065 of the Florida Statutes and authorizing the administration to seek
alternative proposals for the same project purpose as the unsolicited proposal for the
manufacturing, installation, maintenance, and operation of interactive digital kiosks.
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Applicable Area
Citywide
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Public Works/Transportation/Facilities and Fleet/Procurement
ATTACHMENTS:
Description
❑ Resolution
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