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Amendement NO.4 To the concession Agreement with Deco Bike, LLCDocuSign Envelope ID: 2E1971BC-OCDD-45FD-91D16-3170593DWDA DocuSign Envelope ID: 10OF6984-EE19-4461-BA27-5571C8D72FCC 2 U2 3 3 2- (�7 05- AMENDMENT NO. 4 TO THE CONCESSION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND DECO BIKE, LLC (D1B/A CITI BIKE) FOR THE IMPLEMENTATION, MANAGEMENT AND OPERATION OF A SELF-SERVICE BICYCLE SHARING PROGRAM PURSUANT TO REQUEST FOR PROPOSALS (RPF) NO.44-07108 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 17'h Terrace, Miami Florida 33132 ("Concessionaire" or "Deco Bike"), dated July 15, 2009 ("Agreement") is made and entered into this —fl— day of �� lv , 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 there 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 DocuSign Envelope ID: 2E1971 BC-0CDD-45FD-9D16-3FO593D8AODA DocuSign Envelope ID: 100F6984-EE1944B1-BA27-5571C8D72FCC 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: 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. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 2 of 3 DocuSign Envelope ID: 2E1971l3C-0CDD-45FD-9D16-3FO593D8AODA IJuuuaign cimstupu w. I uvruvo-t-Cc i u W'!D 1-om4l -uu l wow LrNl.r IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ATTEST: Docuftned by: By: rats, GV#"h Ra ae rariado City Clerk 7/11/2023 1 11:21 AM EDT Date FOR.CONCESSIONAIRE: ATTEST: oocuftned by: o I a io 4 Vice President 7/5/2023 1 7:08 PM PDT Date APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION l_ S "23 City Attorney Date CITY OF MIAMI BEACH, FLORIDA Dan Gelber Mayor I -n bale DECO BIKE, LLC —DccuSI@ned by: Ricardo-Pi6Fdant, President 7/6/2023 1 12:27 AM EDT Date Page 3 of 3