2009-26993 ResoRESOLUTION NO. 2009-26993
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO
REQUEST FOR PROPOSALS (RFP) NO. 44-07108, FOR ASELF-SERVICE
BICYCLE RENTAL PROGRAM; AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH DECO BIKE, LLC, AS THE SOLE
RESPONSIVE PROPOSER; AND FURTHER REFERRING DISCUSSION
REGARDING FINANCIAL, AESTHETIC AND SCALE ISSUES OF THE
AGREEMENT TO THE LAND USE AND DEVELOPMENT COMMITTEE BEFORE
BRINGING THE FINAL AGREEMENT TO THE CITY COMMISSION.
WHEREAS, on June 28, 2008, the Mayor and City Commission approved the
issuance of Request for Proposals (RFP) No. 44-07/08, for a concession agreement
for aself-service bicycle rental program, (the "RFP"); and
WHEREAS, on September 11, 2008, the RFP was issued, with an opening
date of December 5, 2008; and
WHEREAS, apre-proposal meeting to provide information to prospective
proposing companies was held on October 2, 2008; and
WHEREAS, BidNet and BidSync issued to 18 and 41 prospective proposers
respectively, the Procurement Office contacted an additional 28 firms supporting the
bicycle rental industry; and the outreach resulted in the receipt of a proposal from B-
cycle; Deco Bike, LLC; and Societe En Commandite Stationnement de Montreal; and
WHEREAS, the proposal submitted by Society En Commandite
Stationnement de Montreal was deemed non-responsive for failing to provide
sufficient evidence that the firm met the minimum requirement of two (2) years
operating aself-service bicycle rental program; and
WHEREAS, on October 22, 2008, the City Manager, via Letter to Commission
(LTC) No. 270-2008, appointed the Evaluation Committee (the "Committee"),
consisting of the following individuals:
i
Xavier Falconi, Transportation Manager, Public Works Department;
Josh Fisher, Resident and Transportation and Parking Committee Member;
• Rhonda Gracie, Landscape Projects Coordinator, Parks and Recreation
Department;
Frank Kruszewski, Resident and Planning Board Member;
Mariella Lopez, Resident and Leadership Academy Graduate;
• Thomas Mooney, Design and Preservation Manager, Planning Department;
• Frederick C. Sake, Bikeways Committee Member; and
WHEREAS, on December 23, 2008, the Committee convened and, after
reviewing and discussing the proposals, as well as the qualifications and experience,
of each firm, unanimously agreed to recommend B-cycle; and
WHEREAS, subsequent to the Committee meeting and recommendation, and
upon further review by the City Administration, the proposal submitted by B-cycle
was deemed non-responsive for failure to comply with one of the material
requirements of the RFP which contemplated that no financial contribution by the
City would be required to fund the project (and whereas B-cycle's proposal
anticipated that the City contribute $1,511,080 toward the purchase of bicycles); and
WHEREAS, the City Manager was briefed on the Evaluation Committee's
recommendation and ranking of firms, as well as the Administration's findings that B-
cycle's proposal was non-responsive and, having considered both, exercised his own
due diligence and hereby recommends Deco Bike, LLC, as the sole responsive
proposer.
NOW, THEREFORE, BE IT 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, pursuant
to Request for Qualifications (RFP) No. 44-07/08, for aSelf-Service Bicycle Rental
Program; and authorize the Administration to enter into negotiations with Deco Bike,
LLC, as the sole responsive proposer; and further referring discussion regarding
financial, aesthetic and scale issues of the agreement to the Land Use and
Development Committee before bringing the final agreement to the City Commission.
PASSED AND ADOPTED THIS 28th DAY OFJ~~Y 2009.
ATTEST:
CITY CLERK M OR
ROBERT E. PARCHER
MATTI HERRERA BOWER A~viIJ r~S
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Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Accepting the
Recommendation of the City Manager Pertaining to Request for Proposals (RFP) No. 44-07/08, for aSelf-
Service Bicycle Rental Program; Authorizing the Administration to Enter into Negotiations with Deco Bike,
LLC, as the Sole Responsive Proposer; and Further Authorizing the Mayor and City Clerk to Execute an
A reement u on Conclusion of Successful Ne otiations.
Ke Intended Outcome Su orted:
Enhance Mobilit throw hout the Cit
Su ortin Data Surve s, Environmental Scan, etc.
Residents in the 2007 Community Satisfaction Survey cited traffic congestion as the second most
im ortant factor affectin their ualit of life in the Ci
On June 25, 2008, the Mayor and City Commission approved the issuance of Request for Proposals (RFP)
No. 44-07/08 for aSelf-Service Bicycle Rental Program. The purpose of this RFP is to enter into a
concession agreement with a qualified firm to deliver and operate a citywide self-service bicycle rental
program for public use and stationed in the public right-of-way (ROW).
The term of contract will be for five (5) years with a five (5) year renewal option, to be exercised at the
City's sole discretion. The selected Proposer will be required to implement a program, which should
enable the public to self-rent bicycles from any of several locations and return them to another. Services
would be provided by the selected Proposer on a 24-hour, 365-day-a-year (full time) basis with sufficient
personnel to successfully operate the program.
RFP No. 44-07/08 was issued on September 11, 2008, with an opening date of December 5, 2008. Apre-
proposal conference to provide information to the prospective Proposers was held on October 2, 2008.
BidNet and Bidsync issued bid notices to 18 and 41 prospective Proposers respectively. An additional 27
prospective Proposers were notified via a-mail, which resulted in the receipt of the following three (3)
proposals: (1) B-cycle; (2) Deco Bike, LLC; and (3) Societe En Commandite Stationnement de Montreal.
The City Manager via Letter to Commission (LTC) No. 270-2008, appointed an Evaluation Committee
which convened on December 23, 2008, and voted B-cycle unanimously as the top-ranked firm.
While B-cycle at first was deemed responsive to the RFP, upon further review of its proposal, B-cycle was
disqualified on January 15, 2009, for failing to provide clear and consistent information regarding the
expected financial contributions by the City in its presentation to the Evaluation Committee. Furthermore,
Section II of the RFP required all proposers to assume all expenses related to this program. B-cycle
proposes the City invest $1,511,080 to purchase the initial 500 bicycles and kiosks.
The City Manager was briefed on the Evaluation Committee's recommendation and ranking of firms, and
in turn as required in the City Procurement process, exercised his due diligence to review the proposal,
references, and financial standing of Deco Bike, LLC. The City Manager recommends Deco Bike, LLC as
the sole resoonsive oroooser.
Financial Information:
Source of Amount Account
Funds: 1 N/A - No Cost to the Cit
D s
OBPI Total
Financial Impact Summary:
nce
De a ent Director As Stan n er M na er
GL RC DW JMG '
T.\,4GENDA anuary 28\Regular\Self-Seance a Rental Program Comm. Item Summary. c
~ MI MIBEACH AGENDA ITEM C7~
DATE (Z g "'d'
MIAMI BEACH
Gify of Miami Beaeh, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the
FROM: Jorge M. Gonzalez, City Manag~i~
DATE: January 28, 2009 ([//~,
SUBJECT: A RESOLUTION OF THE MAY'9R AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO
REQUEST FOR PROPOSALS (RFP) NO. 44.07/08, FOR ASELF-SERVICE
BICYCLE RENTAL PROGRAM; AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH DECO BIKE, LLC, AS THE SOLE
RESPONSIVE PROPOSER; AND FURTHER AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF
SUCCESSFUL NEGOTIATIONS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Enhance Mobility throughout the City.
ANALYSIS
On June 25, 2008, the Mayor and City Commission approved the issuance of Request for
Proposals (RFP) No. 44-07/08 for aSelf-Service Bicycle Rental Program. The purpose of this
RFP is to enter into a concession agreement with a qual~ed firm to deliver and operate a
citywide self-service bicycle rental program for public use and stationed in the public right-of-
way (ROW).
The term of contract will be for five (5) years with a five (5) year renewal option, to be
exercised at the City's sole discretion.
The selected Proposer will be required to implement a program, which should enable the
public to self-rent bicycles from any location and return them to another. Services would be
provided by the selected Proposer on a 24-hour, 365-day-a-year (full time) basis with sufficient
personnel to successfully operate the program.
The City's goals and objectives are to promote a vision to make bicycling an integral part of
daily life for Miami Beach residents and visitors. This program is to be accessible to the
maximum number of people in the most cost-efficient manner to increase bicycle and
decrease local motor vehicle use.
Commission Memorandum - RFP#44-07/08 For ASelf-Service Bicycle Rental Program
January 28, 2009
Page 2
Several European cities, including Paris, Barcelona, and Berlin, have signed contracts with
private advertising agencies that provide bicycle rental systems. In return, the agencies are
allowed to advertise both on the bikes and on the rental kiosks to help offset operating
expenses. In the United States, Washington D.C. has established aself-service bicycle
program through their bus shelter advertising contract with Clear Channel Outdoors. The
cities of Boston, Chicago, Portland, San Francisco, and Montreal are now working on
implementing similar programs.
Self-service bicycle rental programs provide a convenience for bicyclists since bicycles are
available on an as-needed basis. Bicycle tune-ups and storage are not necessary, and bike
stations are provided in strategic locations. Benefits for the City includes reduced traffic
congestion, improved air quality, quieter and more livable streets, and the opportunity for
citizens to improve their health through exercise. It is anticipated that the bicycle system
would also be integrated with other alternative modes of transportation, such as transit and
car-sharing programs, and may promote walking, since users can easily switch between these
modes. The various travel modes will also be coordinated with the City's various parking
facilities. Aself-service bicycle rental program will contribute to the City's effort to promote
multi-modal transportation options, which will help to facilitate mobility throughout the City.
One of the features that help to ensure ease of use and to facilitate payments is a
computerized reservation and credit card acceptance device.
SCOPE OF SERVICES
Proposals were required to outline implementation and operation for a potential operating
scenario with a capacity for a fleet of 500 to 1,000 bicycles. Proposals also had to address the
following points:
Implementation and Operating Plan which should describe in detail the following:
o Description of proprietary technologies to manage the program
o Description of the type and size of any proposed advertising, in addition to,
projected revenues/costs related to each scenario
o Information on how residents and visitors can register for this program
o Plans detailing the size and configuration of installations, illustrating how public
space is proposed to be optimized
o Procedures for renting and returning bicycles
o Procedures to ensure availability of bicycles for rental at all locations
o Procedures to provide user information in English and Spanish, as well as the
possibility of other languages, such as, French, German, Italian, and
Portuguese
o Procedures to track user and program data
o Specifications for the proposed bicycle rental stations
o Specifications for the proposed bicycles; safety of the bicycle, condition of
bicycles
The proposed managemenUoversight structure:
o Hours of operation and types of customer service
o Strategies to prevent damage to bicycles and rental stations
The proposed maintenance and security plans:
o Procedures for bicycle maintenance and repair
o Procedures for bicycle monitoring and loss prevention
Commission Memorandum - RFP#44-07/08 For ASelf-Service Bicycle Rental Program
January 28, 2009
Page 3
The funding sources for the development, implementation and management/operation
of the program:
o Description of a fee structure
o Cost-benefit of ROW occupancy
A timeline for the implementation of the project
The capacity of the Proposer to develop, implement and maintain the proposed use:
o Including the Proposer's past experience in developing, implementing, and/or
maintaining a program with a similar scope and impact
The selected Proposer shall make its rental rates easily available for public review, for
example, by posting legible displays and providing information pamphlets, as well as,
maintaining a website.
The rental bicycles must be maintained in good working order. The Proposer must provide an
evaluation and maintenance schedule that would potentially reduce the risk of renting
potentially unsafe vehicles. Additionally, the City of Miami Beach requires that bicycles
provided by the Proposer include the following items:
• Self-generating lights
• Fenders
• Chain guards
• Bells
• Baskets
The Proposer shall also advise that the use of a bicycle helmet in good condition for users less
than 16 years of age is a requirement and is recommended for other users as well. Bicycle
users shall be advised of nearby locations to procure a helmet.
RFP PROCESS
RFP No. 44-07/08 was issued on September 11, 2008, with an opening date of December 5,
2008. Apre-proposal conference to provide information to the prospective Proposers was held
on October 2, 2008.
BidNet and Bidsync issued bid notices to 18 and 41 prospective Proposers respectively. An
additional 27 prospective Proposers were notified via a-mail, which resulted in the receipt of
the following three (3) proposals:
1. B-cycle
2. Deco Bike, LLC
3. Societe En Commandite Stationnement de Montresal (SCSM)
Societe En Commandite Stationnement de Montreal (SCSM) was disqualified having failed to
provide that it met the minimum two (2) year requirement of operating aself-service bicycle
rental program. SCSM also failed to provide arevenue-sharing plan as part of its proposal.
The City Manager via Letter to Commission (LTC) No. 270-2008, appointed an Evaluation
Committee ("the Committee") consisting of the Following individuals:
• Xavier Falconi, Transportation Manager, Public Works Department
Commission Memorandum - RFP#44-07/08 For ASelf-Service Bicycle Rental Program
January 28, 2009
Page 4
• Josh Fisher, Resident and Transportation and Parking Committee Member
• Rhonda Gracie, Landscape Projects Coordinator, Parks and Recreation Department
• Frank Kruszewski, Resident and Planning Board Member
• Mariella Lopez, Resident and Leadership Academy Graduate
• Thomas Mooney, Design and Preservation Manager, Planning Department
• Frederick C. Sake, Bikeways Committee Member
On December 23, 2008, the Committee convened and a quorum was attained. The Committee
unanimously nominated Frederick C. Sake as Chair of the Committee.
The following Evaluation Criteria was used to evaluate and rank the groups or individuals:
• 25 Points - Proposer's experience and qualifications in providing a bicycle rental
program and sustainability of business plan
• 25 Points - Proposed revenue to the City
• 25 Points - Strength and sustainability of operating plan
• 15 Points - The Plan impact on community mobility
• 10 Points - Past performance evaluation surveys
The Committee discussed their individual perceptions of each prospective Proposer's
qualifications, experience, and competence, and ranked the firms accordingly. B-cycle was
unanimously selected as the best Proposer as shown below:
Xavier
Falconi -Josh
Fisher `Rhonda
Gracie Frank
'Kruszewski Thomas
Moone Frederick
Sake
Tatal
B-c cle 88 88 80 90 90 85 521
Deco Bike 63 55 77 85 55 30 365
While B-cycle at first was deemed responsive to the RFP, upon further review of its proposal,
B-cycle was disqualified on January 15, 2009, for failing to provide clear and consistent
information regarding the expected financial contributions by the City in its presentation to the
Evaluation Committee. Furthermore, Section II of the RFP required all proposers to assume
all expenses related to this program. B-cycle proposes the City invest $1,511,080 to purchase
the initial 500 bicycles and kiosks.
Subsequent to the Evaluation Committee's review, the Transportation and Parking Committee
(TPC) convened on January 5, 2009, and reviewed the recommendation made by the
Committee. The TPC expressed its support for a bicycle rental program, however, it noted
that the City should not be responsible for any shortfalls and should not have to contribute
financially as suggested in B-cycle's proposal. While the TPC acknowledged that B-cycle
proposed a better quality product, it felt that Deco Bike's proposal would also benefit the City
given that the City would not be expected to provide any financial contributions to the program.
The following is a list of additional resolutions made by the TPC:
Committee is in favor of Bicycle Rental Program so long as City prohibits riding
bicycles on sidewalks 24/7 on Lincoln Road, Ocean Drive, Collins Avenue and
Washington Avenue, to limit interference with pedestrians and business owners.
Commission Memorandum - RFP#4407/08 For ASelf-Service Bicycle Rental Program
January 28, 2009
Page 5
Vendor should pay for market study showing demand by our residents and visitors for
the Program.
Final determination of kiosk locations to be done by City.
Cost of insurance shall be built into rental cost to protect for theft/damage.
DECO BIKE. LLC
Deco Bike, LLC, is a Miami-based company formed in association with SandVault Group
Global Solutions, Corp., the Pierdant Group, and RPG Fortune Holdings, LLC, for the purpose
of providing and operating a privately funded solar-powered and environmentally friendly
automated self-service bicycle rental and sharing system specifically to the residents and
visitors to the City of Miami Beach, as well as other municipalities in Florida wanting to
implement such programs. Deco Bike, LLC, is comprised of a variety of team members and
partners experienced and knowledgeable in the design, manufacture, and implementation of
bike sharing and rental programs, hardware, software and support systems, in addition to
transportation engineering, credit card/access control systems, marketing, advertising, law,
investment, finance, and business management.
The proposed Deco Bike system will provide operation of up to -1,000 bicycles at
approximately 60 stations throughout Miami Beach with the intention of expanding the system
as needed to meet demand in the future. The kiosks are solar-powered and WiFi-based. The
system has an unimposing profile that can be installed practically anywhere. It can be bolted
onto existing concrete pavement or over grass, dirt, or sand areas by installing small concrete
footers to secure the system. The bicycles are the standard 26-inch cruiser-styles produced
by the China-based Far East Bicycle Company. Attachment A provides examples of the
proposed kiosk and bicycle.
The projected gross five-year advertising revenues amount to $3,786,000 and the total
projected gross revenues over the five-year concession amount to $27,335,525. Deco Bike,
LLC, provided the following revenue sharing options with and without advertising revenue
projections on the bicycles and kiosks:
;, _' Gross Annual Membership
& Rental Revenues Option 1
w/advertisin Option 2
w/o advertisin
$1 - $1,000,000 15% 15%
$1,000,001 -$2,000,000 12%
$2,000,000 +
10% 10%
Gross revenues derived from advertisings 25% N/A
space on kiosks and bicycles
Deco Bike. LLC. has also ensured that its svstem would not require anv initial contributions
from the City aside for the necessary oarkino soaces to station the kiosks
Overall, the following chart provides the projected revenues to the City for Deco Bike, LLC
based on its proposed revenue-sharing options:
Commission Memorandum - RFP#44-07/08 For ASelf-Service Bicycle Rental Program
January 28, 2009
Page 6
RFP 44-07108 Pro acted=Revenu es
'1° 2 3 4 5 Tdtal
Membershi s+Rentals $ 2,502,825 $ 4,003,400 $ 5,038,800 $ 5,669,700 $ 6,334,800 $ 23,549,525
Advertisin $ 600,000 $ 690,000 $ 756,000 $ 828,000 $ 912,000 $ 3,786,000
Pro ected Revenues to the CI
wl Advertisin $ 470,162.40 $ 642,719.90 $ 762,759.90 $ 832,849.90 $ 931,359.90 $ 3,639 852.00
wlo Advertisin $ 300,282.40 $ 450,339.90 $ 553,879.90 $ 618,969.90 $ 883,479.90 $ 2,504,952.00
Current City Code does not allow for advertising as proposed. Advertising would be on two
potential forms - on the rental kiosk and the rental bicycle basket. While the Deco Bike
proposal does not depend upon advertising, if the City Commission wishes to pursue this
potential revenue, City Code amendments will be required. Direction on this matter would be
helpful.
CITY MANAGER'S REVIEW
The City Manager was briefed on the Evaluation Committee's recommendation and ranking of
firms, and in turn as required in the City Procurement process, exercised his due diligence,
which included but was not limited to:
1. Reviewing the Deco Bike's proposal and presentation;
2. Contacting the references noted in Deco Bike's past performance surveys;
3. Analysis of the agreements provided by the Tulsa Townies, LLC, and the City
of Provo, Utah, with Deco Bike (see Attachments B and C);
4. Confirming Deco Bike's plan to integrate with local bicycle shops;
5. Reviewing the financial statements of RPG Fortune Holdings, LLC, and the
Pierdant Group;
6. All issues raised by various individuals by in writing throughout the process;
The City of Provo, Utah, currently has a free bicycle-sharing program for 20 bicycles and 10
lockers provided by a subsidiary of Deco Bike, LLC since 2005 (see Attachment B). Overall,
the lockers have performed well and the project has been successful.
Tulsa Townies, LLC, is anon-profit organization operating a free bicycle-sharing program in
Tulsa, Oklahoma since 2006 (see Attachment C). The program consists of 75 to 100 bicycles
depending on the season. A subsidiary of Deco Bike, LLC, provided the kiosks similar to
those proposed in this RFP by Deco Bike, LLC. This program has been a success with over
13,000 riders in its first year of operation. Tulsa Townies currently maintain and operate the
kiosks and report that there have been no problems.
Deco Bike, LLC noted that it plans to work with local bicycle shops, such as, FriTz's Skate, Bike
& Surf, Miami Beach Bicycle Center, and J.B. Bike Shop. The City contacted each of these
bicycle shops and each mentioned that they have not been contacted by Deco Bike, LLC and
expressed little or no interest in participating in this program with Deco Bike, LLC.
Deco Bike, LLC provided the following information to demonstrate the financial stability of RPG
Fortune Holdings, LLC, and the Pierdant Group:
• CPA reviewed or audited financial statements for the three (3) most current fiscal years
Commission Memorandum - RFP#44-07/08 For ASelf-Service Bicycle Rental Program
January 28, 2009
Page 7
Any letter(s) from financial institution(s) relative to the financial strength of Deco Bike,
LLC, RPG Fortune Holdings, LLC and the Pierdant Group
Most recent quarterly financial statement for Deco Bike, LLC, RPG Fortune Holdings,
LLC and the Pierdant Group
List of any litigation in the last five years in which Deco Bike, LLC, RPG Fortune
Holdings, LLC, and the Pierdant Group was a defendant. Include a statement about the
nature of each lawsuit and its outcome.
Upon review, it was determined that both groups are in good financial standing
CONCLUSION
Direction from the City Commission on the desire to allow advertising is requested. If the City
Commission wishes to pursue this revenue source, necessary Code amendments can be
prepared during contract negotiation and presented for City Commission action.
It is recommended that a Resolution of the Mayor and City Commission of the City of Miami
Beach, Florida, accepting the recommendation of the City Manager pertaining to the ranking of
proposals pursuant to Request for Proposals (RFP) No. 44-07/08, for aSelf-Service Bicycle
Rental Program; Authorizing the Administration to enter into negotiations with Deco Bike, LLC,
as the Sole Responsive Proposer; and further Authorizing the Mayor and City Clerk to execute
an agreement upon conclusion of successful negotiation by the Administration be approved.
Commission Memorandum - RFP#4407/08 For ASelf-Service Bicycle Rental Program
January 28, 2009
Page 8
ATTACHMENT A -DECO BIKE. LLC PROPOSED BICYCLE AND KIOSK
PROPOSED BICYCLE SPECIFICATIONS
Beach Cruiser-Style Bicycles (26 inch standard)
Component & Accessory Descriptions:
Frame: Extended /Oversized Hi-Tensile Steel Cruiser Frame
Fork: Uni-Crown Fork
Head sets: 1 1/8" (28.6mm) Headset
Handle Bars: 24"Wide Chrome Plated Handle Bar w/Tilt & Telescope
Grip: Black Rubber Cushion Grips with Chrome End Caps
Stem: 1" (25.4mm) Oversized Heavy Duty Aluminum Stem
Coaster. Brake KT Brand
Brakes: Front cable breke plus rear coaster brake
Chain: 114E KMC Compatible quality Chains, Rust Resistant
Chain Guard: F type Body Colored Chain Guard
Crank: t PC crank, 7"
Front Sprocket: Designer Black & Chrome Plated Disc 44 Teeth Sprocket
Rear Sprocket: 19 Teeth Rear Sprocket
Pedals: Oversized 4" x 4 Yz inches Cruiser Pedals with Built-in Ball Bearing and Reflectors
Spokes: 36 UCP spokes
Rim: Steel painted Rims same color as Frame color
Tire: 26" x 2.30" Flame Thread W hits Wall Cruiser Tires Duro Brand HF-133
Saddle: Oversized EMra Padded Body Colored Cruiser Seat with Dual Coil Spring Suspensions
Seat Post: 1 1/8" (28.6mm) Anti-Slip Gra[ing Chrome Plated Seat Post
Kick Stand: Heavy Duty Chrome Plated Kick Stand
Reflectors: Front & Rear Reflectors with Mountings, wheel reflectors
Front IigM: Dynamo (self-generating)
Rear light: Dynamo (self-generating)
Rear basket: Steel frame CP paint basket
Skirt board: Rear wheel plastic skirt board for Advertising
Paint: Lead-free paint, Rust Inhibitive, colormatched for application
Bike Height: 35 inch from the ground to the lowest position of the saddle
Bike Length: 70 inches overall
Security: Anti-tamper fasteners, bolts and accessory mounts
Note: Some specs subject to change for mod'rfication or customization
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Commission Memorandum - RFP#44-07/08 For ASelf-Service Bicycle Rental Program
January 28, 2009
Page 12
ATTACHMENT B -CITY OF PROVO. UTAH BICYCLE OPERATING AGREEMENT
~~N a ~ ~~. 4~{a~~SCv
LETTER OF DONATION
The Coca-Cola Company, a Delaware corporation {"Donor"), acting by and through its
Coca-Cola North America division, hereby donates to NAME OF MUNICIPALITY/TRAIL
MANAGER ("Donee"), and Donee hereby accepts, the bicycles ("Bicycles"), bicycle lockers
("Lockers") and other items listed on Schedule A attached hereto (individually, an "Item" and,
collectively with the Bicycles and Lockers, the "Property"), for use in connection with Provo River
Parkway (the "Trail"), on the terms and conditions set forth below.
1. Donor represems to Donee as follows:
(a) Donor is not the manufacturer of any of the Property, and atl Property donated
hereunder, as set forth in Schedule A, is donated AS IS, WITHOUT WARRANTY.
Donor hereby transfers and assigns to Donee all of Donor's assignable rights,
remedies, and warranties from and against the manufacturers of the Property.
(b} At the time of delivery to Donee, Donor will have, and by this Letter of Donation
hereby donates to Donee, good and marketable title to all of the Property, free and
clear of any and all leases, liens, mortgages, pledges, charges, claims, and
encumbrances whatsoever.
(c) The aggregate fair market value of the Property being donated hereby, as of the date
of this Letter of Donation, is $50,000
2. Donee acknowledges that certain of the Property (or all of it) may feature branding, either
for Donor's products or for the manufacturer(s) of said Property, and Donee agrees that it
will not remove, cover or otherwise obscure any such branding while the Property is being
used for any public purpose by Donee or its successors, assigns or licensees.
3. Donee agrees to use reasonable efforts to maintain each Item of Property in good working
condition while such Item is being used for any public or private purpose by Donee or its
successors, assigns or licensees. Without limiting the foregoing, Donee expressly agrees to
use reasonable efforts to maintain each of the Bicycles that may be made available for
public or private use in good working order (or to cause them to be so maintained by a
responsible third party) and to make the use of such Bicycles subject to processes and
procedures that will notify potential users of the risks of utilizing such Bicycles and of the
"ride at your own risk" nature of such use. These processes and procedures will include,
without limitation, the use of the Lockers for storage of the Bicycles, the use of a "checkout
card" process for loaning of the Bicycles to any potential users, and the requirement that
each user sign an appropriate waiver prior to using a Bicycle.
4. DONOR DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PROPERTY,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIIvIITED TO, THE• IMPLIED
'WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. DONEE AGREES THAT DONOR WILL NOT BE LIABLE .FOR ANY
CLAIM OR DEMAND AGAINST DONOR BY ANY PARTY WITH RESPECT TO THE
PROPERTY, EVEN IF DONOR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH CLAIM OR DEMAND.
5. Donee agrees to indemnify Donor, its affiliates, subsidiaries, authorized bottlers, and
agents, the Rails-to-Trails Conservancy, and each of their respective officers, directors,
employees and agents, and to protect, defend, and hold each of them harmless from and
against any and al! losses, costs, damages, injuries, or expenses, including, without
limitation, reasonable attorney's fees, wheresoever and howsoever arising under this Letter
of Donation or through any use of the Property. Donee further agrees to carry sufficient
insurance to support its indemnification obligations hereunder.
6. This Letter of Donation and the representations herein contained shall survive the
execution and delivery of this Letter of Donation, and shall inure to the benefit of the
parries and their successors and assigns.
1N WITNESS WHEREOF, the parties have caused this Letter of Donation to be executed
as of this _ day of , 2005.
DONOR: THE COCA-COLA COMPANY,
acting by and through its Coca-Cola North
America Division
By:
Title:
Accepted and Agreed:
DONEE: NAME OF MUNICIPALITY/TRAIL MANAGER
By:
Title:
-2-
SCHEDULE A
10 bike lockers with door controllers
3,125 -swipe cards
20 -Trek Cruiser Bikes
9 -Park Benches
Commission Memorandum - RFP#44-07/08 For ASelf-Service Bicycle Rental Program
January 28, 2009
Page 16
ATTACHMENT C -TULSA TOWNIES. LLC BICYCLE OPERATING AGREEMENT
BIKE RACK OPERATING AGREEMENT
THIS AGREEMENT, made and entered into as of the l ~a~ day of ~p n:'
2007, by and between Tulsa Townies, LLC, an Oklahoma limited liability company ("Tulsa Townies"),
and River Parks Authority ("Authority"),
WITNESSETH:
WHEREAS, Tulsa Townies desires access to and use of three (3) approximately 500-square-foot
areas to be mutually agreed upon ("Bike Rack Areas'? in order to install and operate a bike rack system to
provide bicycles for the use of the general public at no charge; and,
WHEREAS, Authority owns or leases the Bike Rack Areas and bas authority to allow Tulsa
Townies access to and use otthe Bike Rack Areas under certain conditions, as described below.
NOW, THEREFORE, in consideration of One and No/100 Dollar and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Tulsa Townies and Authority
do hereby covenant and agree as follows:
1. Tulsa Townies is hereby granted permission at its own cost and liability to enter upon the Bike
Rack Areas and construct, maintain and operate a bike rack facility that will provide bicycles for
the use of the general public.
2. All costs of construction, operation and repair of the bike rack or other structure shall be borne by
Tulsa Townies. Tulsa Townies agrees to keep the Bike Rack Areas in a good and well-tended
condition, reasonable wear and tear excepted. The use of the Bike Rack Areas shall be non-
exclusive.
3. The term of the Agreement shall be for one (1) year from the date hereof, and shall renew
annually for terms of one (1) year unless either party gives written notice of termination at least
thirty (30) days prior to the expiration of the present term. Notwithstanding the above, either
party may cancel this Agreement for any reason upon sixty (60) days' prior written notice.
4. The River Parks Authority, the City of Tulsa, and Tulsa County will not be liable for any loss ar
damage sustained by Tulsa Townies in connection with the performance of this Agreement.
Tulsa Townies, throughout the teen of this Agreement, shall obtain at its sole expense the
following insurance from insurance companies licensed in the State of Oklahoma.
TYPE OF COVERAGE
(a) Worker's Compensation
(b) Comprehensive General Liability
- Bodily Injury
- Property Damage
- or Combined Single Limit
(c) Comprehensive Automobile Liability
(minimum limit of $100,000/person)
- Bodily Injury
- Property Damage
or Combined Single Limit
(d) Employer's Liability Insurance
LIMITS OF LIABILITY
Statutory
$ I ,000,000 per occurrence
$175,000 per occurrence
$!,000,000
$1,000,000 per occurrence
$!75,000 per occurrence
$1,000,000
$100,000 each accident,
if applicable
Bike Rack Operating Agreement
Page Two
.~*,
Tulsa Townies will furnish a CertiRcate of Insurance to the Authority that shall specifically name
the River Parks Authority, the City of Tulsa, and Tulsa County as additional insureds for
purposes of the operation of the Tulsa Townies Bike Rack Areas outlined in this Agreement.
Each insurance policy shall require that the Authority be given thirty (30) days' written notice
prior to the cancellation or material alteration of the policy.
The Authority warrants that it maintains $1,000,000 in general liability insurance covering its
operations through insurance coverage provided by the Oklahoma Municipal Assurance Group
(OMAG), a risk management pool for public entities. This coverage meets the statutory liability
limit applicable to Oklahoma public trusts. The Authority further warrants that under its OMAG
coverage, it cannot indemnify other parties nor waive any claims action or process related to the
purpose of this Agreement.
6. Upon termination of this Agreement, Tulsa Townies will remove its bike racks and other
equipment and shall return the Bike Rack Areas to Authority in a good, clean and workmanlike
condition.
Thisp Agreement is executed on the dates reflected below, but is effective as of the ~ Z~ dey of
/'f~r~~ ,2007.
Date: ti' ~ a`' t7 7
ATTEST:
Date: 'rig- / 2 -0 7
TULSA TOWNIES, LLC,
an Okl a r ited liability company
Member
RfVER PARKS AUTHORITY,
a public trust authority
By C
Chairman
r:\frontoll~COnuatls~Tutsa Townics