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Resolution 2019-31110 RESOLUTION NO. 2019-31110 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS SET FORTH IN THE DECEMBER 11, 2019 CITY COMMISSION DISCUSSION ITEM) AND WAIVING, BY 517TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT IN SECTION 2-367(E) OF THE CITY CODE, AND APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT, DATED MAY 29, 2019, BETWEEN THE CITY AND BEEFREE, LLC D/B/A FREEBEE, FOR ON-DEMAND TRANSIT SERVICES; SAID AMENDMENT EXTENDING THE TERM OF THE AGREEMENT FOR AN ADDITIONAL THREE (3) YEARS, COMMENCING ON JANUARY 1, 2020. WHEREAS, on May 17, 2017, the City Commission discussed on-demand transportation service; and WHEREAS, following the discussion, the City Commission directed the Administration to pursue the service at no cost to the City; and WHEREAS, in response to the City Commission's direction, a Request for Letters of Interest(RFLI)for On-Demand Transit Service was issued in February of 2018; and WHEREAS, the goal of the solicitation was to explore a potential partnership with a vendor that would, at no cost to the City, provide "first mile/last mile" on-demand transportation service to areas underserved by Miami-Dade County bus service and not served by the City's trolley service; and WHEREAS, on March 2, 2018, responses were received from three firms; and WHEREAS, the Transportation and Mobility and Procurement Departments reviewed the responses received and determined that none of the firms could provide the service at no charge to passengers or without a City subsidy (as required by the RFLI); thus, all three firms were deemed nonresponsive; and WHEREAS, in early 2019, the City's Transportation and Mobility Department was able to identify funding for a four month on-demand transit service pilot program during the 2018/2019 fiscal year; and WHEREAS, pursuant to an open market procurement process, City staff solicited bids for this limited pilot program and only Beefree, LLC d/b/a Freebee (Freebee) accepted the terms; and WHEREAS, on May 29, 2019 the City and Freebee executed a Professional Services Agreement for the City of Miami Beach On-Demand Transit Service Request for Quote (the "Agreement"), with the initial term expiring on September 30, 2019, and one (1) renewal term, at the City's option, for up to one year; and WHEREAS, on May 31, 2019, the pilot program was launched, serving portions of Middle Beach with one (1) vehicle; and WHEREAS, on September 11, 2019, the Mayor and City Commission discussed the pilot program and adopted Resolution No. 2019-30997, authorizing the City Manager to negotiate an amendment to the Agreement, including the following provisions: (i) extending the current pilot program through October 31, 2019; (ii) adding two (2) more vehicles in service for the remaining term of the pilot program; and (iii) permitting advertisement on the vehicles to offset some of the operating costs to the City; and WHEREAS, pursuant to the terms of Amendment to the Agreement, Freebee agreed to equally share with the City the advertising revenues generated by its operations during the term; and WHEREAS, on October 16, 2019, the City Commission discussed an item entitled "Discussion to continue the Mid-Beach Freebee on-demand transit service"; and WHEREAS, following the discussion, the six (6) members of the City Commission unanimously voted to approve the extension of the pilot program for two additional months, from November 1, 2019 until December 31, 2019, thereby waiving the formal competitive bidding requirement via Resolution No. 2019-31057; and WHEREAS, Amendment No. 1 to the Agreement, addressing the City Commission direction from September 11, 2019 and October 16,2019, combined,was executed on November 8, 2019; and WHEREAS, on December 11, 2019, the City Commission discussed an item entitled "Update on Mid-Beach Freebee on-demand transit service"; and WHEREAS, following the discussion, the six (6) members of the City Commission voted to approve and waive, by 5/7th vote, the formal competitive bidding requirement in section 2- 367(e) of the City code, and approve and authorize the City Manager to execute an amendment to the Agreement; said amendment extending the term of the Agreement for an additional three (3) years, commencing on January 1, 2020. 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 written recommendation of the City Manager (as set forth in the December 11, 2019 City Commission discussion item)and waive, by 5/7th vote,the formal competitive bidding requirement in Section 2-367(e) of the City code, and approve and authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement, dated May 29, 2019, between the City and Beefree, LLC d/b/a Freebee,for on-demand transit services; said amendment extending the term of the Agreement for an additional three (3) years, commencing on January 1, 2020. PASSED and ADOPTED this 11th day of December 2019. Dan e - -r, Mayor -__ ATTEST: _. 'g ,, rf APPROVED AS TO Rafael E. ranado, Citya® FORM & LANGUAGE Clerk s INc:RP ORATED; i & FO EXE UTION cat j (i-(2-( 1 City Attorney.2),1)\--/- ,1 Date