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Resolution 2023-32605i RESOLUTION NO.1 2023-32605 � 1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO' EXECUTE AMENDMENT NO. 4 TO THE AGREEMENT EXECUTED PURSUANT TO'REQUEST FOR PROPOSALS (RFP)-NO.' 44-07/08 BETWEEN THE CITY AND DECO BIKE, LLC; FOR THE IMPLEMENTATION, MANAGEMENT, AND OPERATION OF A SELF-SERVICE BICYCLE SHARING 'PROGRAM,: WITH THE CURRENT TERM ENDING ON SEPTEMBER 30, 2023; SAID AMENDMENT NO., 4 EXTENDING THE AGREEMENT ON A MONTH -TO -MONTH BASIS, FOR -A PERIOD OF -UP TO FOURTEEN (14) MONTHS OR UNTIL, SUCH TIME AS THE CITY COMMISSION AWARDS AN AGREEMENTPURSUANT TO A NEW COMPETITIVE SOLICITATION - FOR THE -BICYCLE- _ SHARING PROGRAM, WHICHEVER IS EARLIER. - WHEREAS, on January 28, 2009, the Mayor and -City Commission passed Resolution No. 2009- 26993, authorizing the'administration to enter into negotiations with Deco- Bike, _LLC, as the top -ranked proposer under the RFP;-and WHEREAS, on July 15, 2009 pursuant to Request for Proposals (RFP) No. 44-07/08, the City entered into an agreement with Deco Bike, LLC for the delivery and operation'of .a self-service bicycle rental fleet for public use to be stationed in the public right of way (the "Agreement"); and WHEREAS, on July 18, 2012, the Mayor and City Commission adopted Resolution No. 2012= 27975 approving amendment no. 1 to the Agreement, extending the term of the Agreement through September 30, 2023, increasing the operational ceiling to .1100 bicycles on a Citywide basis, modifying the financial terms, and approving certain advertisings and sponsorships; and WHEREAS; on May 12, 2015; the City and. Deco Bike, LLC, executed Amendment No. 2 to the Agreement, approving the sponsorship with Citibank to operate under the program name of "Citi Bike"; and WHEREAS, on December 11; 2019, the Mayor and City. Commission adopted Resolution No. '2019-31105, authorizing the City Manager to negotiate an amendment to the Agreement between the City and Deco Bike, LLC, for the provision of a docked electric -assisted bicycle sharing pilot program ("Pilot Program"), subject to the City Commission's approval of the final amendment; and WHEREAS, on June 23, 2021, the Mayor and City Commission adopted Resolution No. 2021- 31743, approving Amendment No. 3 to the Agreement, with said amendment approving the implementation, management and operation of a one-year Pilot Program for the operation of up to 100 docked electric assisted bicycles Citywide within the existing ConcessionAreas; and WHEREAS, as the Agreement expires on September 30, 2023, the Administration recommends that the Mayor and City Commissionauthorize the execution of Amendment No. 4, 'extending the Agreement -for an additional fourteen. (14) months, or until such time as the City Commission awards a contract pursuant to a new competitive solicitation for the Bicycle Sharing Program, whichever is earlier, so that, if extended for the full fourteen (14) months, the term of the Agreement'will be more coterminous with the Citibank naming rights agreement and City of Miami agreement; and. WHEREAS, all. other terms of the Agreement shall.remain the same. 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 Mayor and City Clerk to execute Amendment No. 4 to the Agreement executed pursuant to Request .for Proposals. (RFP) No. 44-07/08 between .the City and Deco Bike, LLC, for the Implementation, Management, and Operation of a Self -Service. Bicycle Sharing Program, with the current term ending on September ,30, 2023; said amendment'No. 4, extending 'the Agreement on a month -to -month basis,for an add itional..period of' up to fourteen (14) months or until such .time as the City Commission awards a contract pursuant to.a new competitive solicitation Jor the Bicycle Sharing Resolutions - C7 E MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: May 17, 2023 SUBJECT.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 4 TO THE AGREEMENT EXECUTED PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO.44-07/08 BETWEEN THE CITYAND DECO BIKE, LLC, FOR THE IMPLEMENTATION, MANAGEMENT, AND OPERATION OF A SELF- SERVICE BICYCLE SHARING PROGRAM, WITH THE CURRENT TERM ENDING ON SEPTEMBER 30, 2023; SAID AMENDMENT NO. 4 EXTENDING THE AGREEMENT ON A MONTH -TO -MONTH BASIS, FOR A PERIOD OF UP TO FOURTEEN (14), MONTHS OR UNTIL SUCH TIME AS THE CITY COMMISSION AWARDS AN AGREEMENT PURSUANT TO A NEW COMPETITIVE SOLICITATION FOR THE BICYCLE SHARING PROGRAM, WHICHEVER IS EARLIER. RECOMMENDATION The Administration recommends that the Mayor and City Commission authorize the execution of Amendment No. 4, extending the Agreement with Deco Bike, LLC, on a month -to -month basis, for a period of up to fourteen (14) months, or until such time as the City Commission awards an agreement pursuant to a new competitive solicitation for a Self -Service Bicycle Sharing Program, whichever is earlier. BACKGROUND/HISTORY On January 28, 2009, the Mayor and City Commission adopted Resolution No. 2009- 26993, authorizing the. Administration to enter into negotiations with Deco Bike, LLC, as the top -ranked proposer under Request for Proposal (RFP) No. 44.07/08. On July 15, 2009, pursuant to the RFP, the City entered into a Concession Agreement with Deco Bike for the delivery and operation Qf a self-service bicycle rental fleet for public use to be stationed in the public right-of-way for a term of five (5) years from the Operational Rollout Date, which City and Concessionaire agreed and acknowledged occurred on March 14, 2011. On July 18, 2012, the Mayor and City Commission adopted Resolution No. 2012- 27975, approving Amendment No. 1 to the Agreement, extending the term of the Agreement through September 30, 2023, increasing the operational ceiling to 1,100 bicycles on a Citywide basis, Page 306 of 945 modifying the financial terms, and approving certain advertisements and sponsorships. On May 12, 2015, the City and Deco Bike executed Amendment No. 2 to the Agreement, approving the sponsorship with Citibank to operate under the program name of "Citi Bike". On December 11, 2019, .the Mayor and City Commission adopted Resolution No. 2019-31105, authorizing the City Manager to negotiate an amendment to the Agreement between the City and Deco Bike for the provision of a docked electric -assisted bicycle sharing pilot program ("Pilot Program"), subject to the City Commission's approval of the final amendment. On June 23, 2021, the Mayor and City Commission adopted Resolution No. 2021- 31743, approving Amendment No. 3 to the Agreement, with said amendment approving the implementation, management and operation of a one-year Pilot Program for the operation of up to 100 docked electric assisted bicycles Citywide within the existing Concession Areas. ANALYSIS The current Agreement with Deco Bike will expire on September 30, 2023, and the Administration seeks to extend the term of this Agreement to be coterminous with that of the Citibank naming rights agreement which expires on December 31, 2024. Additionally, to maintain and promote cross jurisdictional ridership and operability, it may be beneficial for the Agreement to be extended to run parallel with the City of Miami's Agreement with Deco Bike, which will also expire December 31, 2024. SUPPORTING SURVEY DATA Based on the 2022 Resident Survey, over half (51.2%) of households regularly ride a bicycle. Additionally, when asked which types of transportation they would consider most viable as an alternative to using a car for trips within Miami Beach, 37.2% of survey respondents reported bicycles. FINANCIAL INFORMATION The Deco Bike Agreement generates revenue for the City on an average of $55,000.00 per month. A 14-month extension would result in approximately $770,000.00 in total revenue KOM441&�U] The Administration recommends that the Mayor and City Commission approve the Resolution and authorize the Mayor and City Clerk, to execute Amendment No. 4 to the Agreement with Deco Bike executed pursuant to Request for Proposals (RFP) No. 44-07/08. The current term of the Agreement expires on September 30, 2023, and the proposed amendment would extend the Agreement on a month -to -month basis, for an additional period of up to fourteen (14) months or until such time as the City Commission awards an Agreement pursuant to a new competitive solicitation for the Bicycle Sharing Program, whichever is earlier. Applicable Area Citywide "Residents Is this a Right to Know" item, pursuant to Citv Code Section 2-14? Yes Does this item utilize G.O. Bond Funds? No Page 307 of 945 Legislative Tracking Parking Sponsor Commissioner David Richardson and Co -sponsored by Commissioner Alex Fernandez ATTACHMENTS: Description o Resolution Page 308 of 945 AMENDMENT NO. 4 TO THE CONCESSION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND DECO BIKE, LLC (D/B/A CITI BIKE) FOR THE IMPLEMENTATION, MANAGEMENT AND OPERATION OF A SELF-SERVICE BICYCLE SHARING PROGRAM PURSUANT TO REQUEST FOR PROPOSALS (RPF) NO. 44-07/08 This Amendment No. 4 ("Amendment") to the Concession Agreement for a Self - Service Bicycle Rental & Sharing Program pursuant to Request for Proposals (RFP) No. 44-07/08, between the City of Miami Beach, a Florida municipal corporation, whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139 ("City") and Deco Bike, LLC, (d/b/a Citi Bike) a Florida limited liability company, whose address is 41 NE 17th Terrace, Miami Florida 33132 ("Concessionaire" or "Deco Bike"), dated July 15, 2009 ("Agreement") is made and entered into this day of , 2023 ("Effective Date"): RECITALS WHEREAS, on July 16, 2009, Concessionaire and the City executed the Agreement in response to RFP No. 44-07/08 for the delivery and operation of a self-service bicycle rental fleet for public use to be stationed in the public right of way (the "program"); and WHEREAS, the Agreement requires that Concessionaire implement a program which would enable the public to self -rent bicycles from any or a number of locations (defined as "Concession Areas" in the Agreement) and return them to another Concession Area, on a 24 hour, 365 day a year basis; and WHEREAS, on July 18, 2012, the City and Concessionaire entered into Amendment No. 1 to the Agreement, extending the term of the Agreement through September 30, 2023 and increasing the operational ceiling to 1100 bicycles on a Citywide basis, modifying the financial terms and approving advertising and sponsorships; and WHEREAS, on May 12, 2015, the City and Concessionaire executed Amendment No. 2, approving the sponsorship with Citibank, to operate under the program name of "Citi Bike"; and WHEREAS, on December 11, 2019, the Mayor and City Commission adopted Resolution No. 2019-31105, authorizing the City Manager to negotiate an amendment to the Agreement between the City and Concessionaire for the provision of a docked electric -assisted bicycle sharing pilot program ("Pilot Program"), subject to the City Commission's approval of the final amendment; and WHEREAS, on June 23, 2021, the Mayorand City Commission adopted Resolution No. 2021- 31743, approving Amendment No. 3 to the Agreement; said Amendment approving the implementation, management and operation of a one-year Pilot Program for the operation of up to 100 docked electric -assisted bicycles Citywide within the existing Concession Areas; and WHEREAS, the parties wish to extend the Term of the agreement on a month -to -month basis, for a period not to exceed fourteen (14) months or until such time as the City Commission awards a contract pursuant to a new competitive solicitation for the City's bicycle sharing program, whichever is earlier; and WHEREAS, on May 17, 2023, the Mayor and City Commission approved Amendment No. 4 to the Agreement; said amendment extending the term on a month -to -month basis, for a period not to exceed fourteen (14) months or until such time as the City Commission awards a contract Page 1 of 3 pursuant to a new competitive solicitation for the City's bicycle sharing program, whichever is earlier. 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 amend the Agreement as follows: I 1. The aforestated recitals are true and correct and incorporated herein by reference. 2. The Term of this Agreement is hereby extended on a month -to -month basis, for a period not to exceed fourteen (14) months or until such time as the City Commission awards a contract pursuant to a new competitive solicitation for the City's bicycle sharing program, whichever is earlier. 3. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. I THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. i Page 2 of 3