Amendment 2 with Ike Smart City, LLC 202 3 328 3 i
AMENDMENT NO.2 TO AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
IKE SMART CITY,LLC
TO DESIGN, MANUFACTURE, INSTALL,OPERATE AND MAINTAIN INTERACTIVE
DIGITAL MEDIA KIOSKS, PURSUANT TO REQUEST FOR PROPOSALS NO.2022-0404-KB
This Amendment No. 2 ("Amendment") to the Agreement, dated July 28, 2023
(Agreement), by and between the City of Miami Beach,a municlIal corporation organized
and existing under the laws of the State of Florida, having its principal place of business
at 1700 Convention Center Drive, Miami Beach, Florida 33139(the"City"),and IKE Smart
City, LLC, a Delaware limited liability company, having its principal place of business at
250 N. Hartford Avenue, Columbus, Ohio 43222,Attention: Chief Financial("Company"),
is entered into this S-day of ,20 24
RECITALS
WHEREAS, on July 28, 2023, the City and the Company executed the Agreement
pursuant to Resolution No. 2022-32422; and
WHEREAS, on September 13, 2023, the Mayor and City Commission of the City
of Miami Beach adopted Resolution No. 2023-32759, authorizing the City to enter into a
Memorandum of Understanding (MOU) with the Florida Department of Transportation
(FDOT)for the Installation, operation, and maintenance of IKE Kiosks(as defined in the
Agreement) which would be placed on various FDOT rights-of-way pursuant to the
Agreement;and
WHEREAS, the City and Company have also Executed Amendment No. 1 to the
Agreement;said amendment requiring Company to Indemnify the City in connection with
the City's obligations under the MOU;and
WHEREAS, on December 13, 2023, the Mayor and City Commission of the City
of Miami Beach adopted Resolution No.2023-32863,approving Amendment No.2 to the
Agreement, (1) granting the City, for Its convenience, the right to require Company to
relocate any IKE kiosk, with Company bearing any and all Relocation Costs; and (2)
requiring that mall notices associated with the approval of an IKE Kiosk Location by the
Design Review Board or Historic Preservation Board be sent citywide at Company's sole
cost.
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 Company hereby agree to amend the Agreement as
follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are Incorporated as part of this
Amendment.
2. MODIFICATIONS.
1
•
The Agreement is hereby amended (deleted items struck eugh and inserted
items underlined)as follows:
A. Section 3(Design/Permitting Period)of the Agreement is hereby amended to read
as follows:
Company shall provide,at its sole cost and expense,any and all design services including,
but not limited to, architectural and engineering services, as reasonably required In
connection with all the Required Approvals.
Required provals-fer the first IKE Kiosk-wWithin six(6)months from the Effective Date,
Company shall submit the application to the applicable City Board for the first IKE Kiosk
Location,and within ninety(90)days from the date of approval by the City Board("Board-
Approved Location") for the first IKE Kiosk Location. Company shall submit the
applications for installation permits and all other remaining Required Approvals for the
installation of the Board-Approved Location for the first IKE Kiosk.
Within one(1)year
following the Effective Date. Company shall submit the applications to the required City
Boards for all fifteen(15)IKE Kiosks,and within ninety(90)days from the date of approval
by the applicable City Board for each Board-Approved Location, Company shall submit
the applications for Installation permits and for all remaining Required Approvals for each
Board-Approved Location.. Company shall pursue the Required Approvals in a diligent
manner,and the City,in its proprietary capacity,shall cooperate with the Company as may
be reasonably required in its efforts to obtain the same.
B. Section 5(IKE Kiosks/Locations)of the Agreement is hereby amended to read as
follows:
a. An IKE Kiosk. The City, in its proprietary capacity, hereby approves the
conceptual plan/design as to the type of IKE Kiosk which is attached as Exhibit B-1
hereto. Any modifications to Exhibit B-1 must be approved, in writing, by the City
Manager prior to such changes being implemented. Notwithstanding the foregoing, the
City and Company hereby acknowledge and agree that the City's approval as to the type
of IKE Kiosk is given by the City solely in its proprietary capacity and not in Its regulatory
capacity. Notwithstanding such proprietary City approval, Company acknowledges and
agrees that the type of IKE Kiosk and its installation at one of the proposed Locations
may trigger and require review and approval by one (or more) of the City's land use
boards. Accordingly, in such circumstances,Company shall be required, at its sole cost
and expense,to obtain any and all required final,non-appealable development approvals
and/or orders for such IKE Kiosks, prior to implementation of said IKE Kiosks in those
Locations. In addition to any notice required by the City Code in connection with
Company's application to the Design Review Board or Historic Preservation Board
(individually referred to herein as a "City Board" or collectively as the "City Boards")for
an IKE Kiosk Location, Company agrees to mail citywide a courtesy notice of any public
hearing before the City Boards at Company's sole cost ("Courtesy Notice"). The City
acknowledges that the Courtesy Notice. incorporated herein by reference and attached
hereto as Composite Exhibit D for the March 12th and April 2nd City Boards, complies
with the Courtesy Notice requirements, and further agrees that by Company providing a
similar affidavit, a copy of the notice sent, and the postaae statement related to each
mailer, similar to the documentation attached hereto as Composite Exhibit D. shall be
deemed sufficient to have complied with the Courtesy Notice requirement.
2
Notwithstanding the foregoing upon the request of the City's Planning Department or any
City Board,Company shall provide any additional back-up documentation or information
in connection with the Courtesy Notice requirement. Within thirty(30)days following the
Effective Date, Company shall provide the City with (I) a virtual demonstration of the
content management system software for the IKE Kiosks, (ii)an on-site demonstration
of an operational IKE Kiosks located within the City of Miami, and (iii) three (3) paint
samples to the City Manager. The City Manager shall have fifteen (15) days following
receipt of the aforementioned paint samples in which to notify Company of the paint
sample it approves for the color of the IKE Kiosks, subject to Company securing the
requisite regulatory approvals for the selection. Upon receipt of the City Manager paint
selection, Exhibit B-1 shall be updated to incorporate the same. If the City fails to
respond to Company's attempts to coordinate the virtual demonstration or the on-site
demonstration and as a result thereof the demonstrations do not occur within the
aforementioned 30-day period, the same shall not be deemed to be a default of this
Agreement by Company.
b. Number and Locations for IKE Kiosks.
The City Manager will initially approve fifteen (15) IKE Kiosks, and the City
Commission may approve,at the sole discretion of the City Commission, up to fifteen(15)
additional IKE Kiosks during the Term, for a total number not to exceed thirty (30) IKE
Kiosks during the Term(the"Operational Ceiling"). The Operational Ceiling amount may
only exceed thirty(30)if approved by the City Commission. The City and Company shall
work together in good faith to discuss the locations within the City for the installation of
IKE Kiosks;however,the final proprietary approval of the Locations of the IKE Kiosks shall
rest with the City Manager, in the City Manager's sole discretion. Within thirty(30)
days from the Effective Date of the Agreement,the City Manager shall approve, in writing,
a site plan containing a list of the Locations, which will be incorporated herein and
attached hereto as Exhibit B-2, Any change in the Locations shall be subject to the prior
written approval of the City Manager, in the City Manager's sole and absolute discretion.
Notwithstanding the foregoing,the City and Company acknowledge and agree that no IKE
Kiosks shall be permitted within 250 feet from the closest edge of any existing or future
bus shelter(the"Bus Shelter Zone"),except that IKE Kiosks may be installed along Lincoln
Road, including any portions of Lincoln Road that are within a Bus Shelter Zone. In the
event that the City and/or the County wish to install a new bus shelter or relocate an
existing bus shelter for the sole purpose of serving the transportation needs within the City
of Miami Beach ("New Bus Shelter Installation") and the New Bus Shelter Installation
causes an existing IKE Kiosk to be in violation of the Bus Shelter Zone, Company, at its
sole cost, shall be required to remove the IKE Kiosk in violation of the Bus Shelter Zone
within thirty(30)days from the date Company receives written notice from the City of the
need to remove such IKE Kiosk, In the event that an FDOT, County, or City-initiated
roadway construction project including, without limitation, harmonization, flood mitigation
projects, or any other project required to protect the public safety, health or general
welfare, which impact an existing Location ("Public Roadway Project"), necessitating the
temporary or permanent removal of an IKE Kiosk or any of its related components,
Company, at its sole cost, shall be responsible for any required alteration,storage and/or
removal of the existing IKE Kiosk,within thirty(30)days from the date Company receives
3
written notice from the City of the need to temporarily or permanently remove such IKE
Kiosk.
In connection with the temporary or permanent removal or relocation of an IKE
Kiosk. Company shall be responsible for any and all relssatien-costs; including, without
limitation,disconnecting, removing, and storing the IKE Kiosk, and restoring the existing
Location, in addition to all connection and site work required for the new Location
(collectively, "Relocation Costs") ,
Public-Roadway-Pr-eject
Additionally, the City may require the Company to permanently remove and/or
relocate any IKE Kiosks for any reason whatsoever
("Removal for Convenience"). In connection with a Removal for Convenience, the
Company shall remove the IKE Kiosk within thirty (30) days from the date Company
receives written notice from the City Manager of the need to remove such IKE Kiosk,and
the Company shall assume all of the Relocation Costs in connection with said City request.
The Company hereby agrees to accept the costs which the Company will incur under this
Section 5 as reasonable and fair in Tight of the rights and privileges granted to the
Company under this Agreement. The Company further warrants and represents that it is
experienced with the costs associated with the design, manufacture, installation,
operation, and maintenance of IKE Kiosks and further acknowledges that it has been
represented by competent counsel in connection with the negotiation of this Agreement.
curred-by-the
' .
required-in-connectis elteNAstallatie , ' e-City
ecatien of an-IKE Kiosk for-the-purpose-ef
In connection with a removal of an IKE Kiosk pursuant to this Section 5.b., that
exceeds sixty(60) days in duration, the City shall cooperate with the Company in good
faith to find a mutually acceptable alternative Location to relocate the removed IKE Kiosk.
C. The first paragraph of Exhibit A to the Agreement is hereby modified as follows:
1. Term. The term of this Agreement shall be for a period commencing upon
the Effective Date and expiring on the tenth (10th)year immediately following the date that
is the earlier of(a)the Operational Date for the fifteenth (15th) IKE Kiosk to be installed, or
(b)the date that is one(1)year from the Effective Date(the"Initial Term"). In the event that
(a)the applications for the required City Board for the first IKE Kiosk Location is Required
not submitted
to the City within six (6) months from the Effective Date of the Agreement or u the
application for the Installation permits and all other remaining Required Approvals for the
installation of the first IKE Kiosk Location are not submitted within ninety(90)days from the
date of approval by the applicable City Board for the first IKE Kiosk Location; or fc) the
applications for all required City Boards for all fifteen (15) IKE Kiosks are not submitted
4
within one(1)year from the Effective Date:or(d)the applications for the installation permits
and all remaining for-the Required Approvals for the installation of
the-first each of the fifteen (15) IKE Kiosks are not submitted to the City within ninety(90)
days from the date of approval by the applicable City Board for each Board-Approved
Location. one-(1)yeaF , either party may terminate the Agreement,
and the Non-Refundable Advance Payment received by the City up to that point shall be
considered earned and non-refundable. The Agreement shall automatically renew for one
(1) additional renewal term of ten (10) years (the "Renewal Term," and together with the
Initial Term, the"Term"); provided that Company satisfied the Renewal Criteria, as defined
below, as of the end of the Initial Term. Additionally, Company may elect to terminate this
Agreement at the expiration of the Initial Term if Company notifies the City in writing at least
ninety(90)days prior to the expiration of the Initial Term that Company does not desire to
extend the Term. All terms,conditions and requirements of this Agreement,except for the
Company's obligation to pay Kiosk Revenue described in Section 3 below,shall commence
as of the Effective Date, a as-more-particulateset-forth-in-Section-3
below.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect. In the event there is a conflict between the
provisions of this Amendment and the Agreement,the provisions of this Amendment shall
govern.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
5
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: CITY OF MIAMI BEACH
ATTEST:
.7411
By: ethteitulkTd,heilio
Rafael E.Granado, City Clerk Rickelle Williams
Interim City Manager
MAY 2 ri 2024 �r o'�,
Date 1 C� � •
,y'
1INCORPr0AATEDi
FOR THE COMPANY: IKE SMART CITY, LLC
ATTEST:
y
By:
Tit e, Setvnt-umi, CEb eyirykt elk(n ' 'e r A� STpteillilti
Print Name and Title Print Name and Title IDat
Christina Allyn Sapp
Notary Public,State of Ohio
Commission;f:2023•RE•871378
; My Commfsafon Expires 12.13 2028
:1 IDS
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
6 C ___l-f Ze -
City Attorney Amr- Dote
COMPOSITE EXHIBIT D
COURTESY NOTICE
(MIAMI BEACH HISTORIC PRESERVATION BOARD MEETING OF MARCH 12, 2024
AND
DESIGN REVIEW BOARD MEETING OF APRIL 2, 2024)
•
•
AFFIDAVIT OF MAILED NOTICE
February 5,2024
City of Miami Beach
Planning Department
1700 Convention Center Dr.
Miami Beach,FL 33139
This is to certify that on_I_of February,2024,the undersigned has prepared and submitted for
delivery to the United States Postal Service the attached courtesy mailed notice to every address
within the City of Miami Beach.
Total number of mailers without repetition: 75,311
Sincerely,
•
•
Za t r Garen
Media,lnc.
P Box 661413 •
Miami Springs,Florida 33166
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged betbre me by means of 0/physical presence or❑
online notarization,this er day of Ectliak9 2024,by Zavier Garcia. •
•
S gnature o Notar Pt lie-S t pf Florida
"It• Z w(aMCi
Print,Type,or Stamp Commissioned Name of Notary Public
Personally Known OR Produced Identification
ERIKA GONZALEZ SANTAMARIA
Type of Identification Produced: Ff_.;; );r MY COMMISSION 0HH428537
•.,f, f,ti EXPIRES:December 1,2027
United States Postal Service Processed By:SS1 on 02/01/24 05:58:18 PM
Postage Statement—USPS Marketing Mail
Transaction Number: CAPS/EPS Transaction Number: Postage Statement Number:
202403216581866 M1 409236059 595360290
g- Mailing Group ID Mailing Job Number Open Dale
2 457874335 AS83EKN 01-30-2024
Preparer Origin Close Date
c ORION PRESS Mail.dat
Job Description
HPB23-0590-DRB23-0968
Permit Holder's Name and Address end Email Address,If Any Name and Address of Mailing Agent Name and Address of Individual or
(If other then permit holder) Organization for Which Mailing Is Prepared
ORION PRESS (If other then permit holder)
13995 SW 144TH AVE STE 206 ORION PRESS
MIAMI,FL 33186-8656 14320 SW 143RD CT UNIT 701 IKE SMART CITY LLC
Contact Name:MATIAS RUBIO MIAMI,FL 33186-7612 250 N HARTFORD AVE
N (305)877-5648 COLUMBUS,OH 43222-1100
MATIAS®ORIONPRESS.NET CR10:4292252
CRID:45810856
EPS Gust.Ref.No:HPB23-0590-DR823-0968
CRID:4292252
Post Office of Mailing Processing Category Mailer's Mailing Date Federal Agency Cost Code Statement Seq.No. No.&Type of Containers
MIAMI,FL 33152-9998 Letters 01/30/24
Type of Postage SSF Transaction ID 4 Total h of Pieces In Sacks:0
Permit Imprint Mailing 1 ft.Letter Trays:0
75,311 2 ft.Letter Trays:0
01 Weight of a Single Combined Mailing Total Weight EMM Letter Trays:
Piece 3765.5500 lbs. i23
Flat Trays:0
ce 0.0500 lbs.
Pallets:4
Permit It For Mall Enclosed Within Another Class []Mallplece Is a product sample. Other:0
1894 ()Bound Printed Matter[)Library Mail[]Periodicals %Samples
j)Media Mall
For Automation Rale Pieces,Enter Date For Carrier Route Pieces,Enter Date For Carrier Rode Pieces,Enter Date of For Pieces Bearing a Simplified Address Enter
of Address Matching and Coding of Address Matching and Coding Carrier Route Sequencing Date
01/30/24 01/30/24 01/30/24 of Delivery Statistics File or Alternative Method
/ /
Move Update Method:
Multiple Methods
This is a Political Campaign Mailing This is Official Election Mall [)Letter-size or flat mallpiece contains
No No OVD/CD or other disc,
a) Pals Completed C
Subtotal Postage (Add pads totals) $14,158.47
NComplete if the mailing Includes pieces bearing metered/PC Postage on
O precanceled stamps. pcs.x$ = Postage Affixed $0.000
Q. Rate at Which Postage Affixed(Check one)
j)Correct[]Lowest[1Neither
Incentive/Discount Flat Dollar Amount $-225.93
Fee $0.00
Net Postage Due $14,158,47
For USPS Use Only:Additonal Postage Payment(State reason)
Total USPS Adjusted Postage $14,158.47
CO Incentive/Discount Claimed:N/A Type of Fee:N/A
'� The mailer certifies acceptance of liability for and agreement to pay any revenue deficiencies assessed on this mailing,subject to appeal.If an agent certifies that
O he or she Is authorized on behalf of the mailer then that mailer Is bound by the certification and agrees to pay any deficiencies.In addition,agents may be liable for
any deficiencies resulting from matters within their responsibility,knowledge,or control.The mailer hereby certifies that all information furnished on this form Is
A) accurate,truthful,and complete;that the mail and the supporting documentation comply with all postal standards and that the mailing qualifies for the prices and
fees claimed;and that the mailing does not contain any matter prohibited by law or postal regulation,I understand that anyone who furnishes false or misleading
information on this form or who omits Information requested on this form may be subject to criminal and/or civil penalties,Including fines end Imprisonment.
Privacy Notice:For information regarding our Privacy Policy visit www.usps.com
This postage statement was verified and accepted under the PostalOnel program.No postal signature or round stamp Is required.
PS Form 3602-R Jan 2024 (Pave 1 of 2)
Part C
Carrier Route Lettere
(Automation)Letters 3.5 oz.(0.2188 lbs.)or less
Entry Price Price No.of Pieces Subtotal Postage Discount Total* Fee Total Total Postage
Category
C9 DSCF Saturation $0.194 75,311 $14,610.3340 $-225,9330 $0.0000 $14,384.4010
C47 Part C Subtotal(Add lines Cl-C46) $14,384.4010
SCF Pallet Discount
C48 Saturation Automation Letters-Number of Pieces that Comply 75311.0 x 0.003= $226.9330
C68 Containerization Discount Total(Add lines C48-C57) $225.9330
C72 Part C Total(Line C47 minus Line C58 and C71) $14,158.4680
Full Service Intelligent Mail Option
C73 DISPLAY ONLY Letters-Number of Pieces that Comply 75311.0 x 0.003= $225.9330
May contain both Fug Service Intelligent Mall and other discounts
This postage statement was verified and accepted under the PostalOnel program.No postal signature or round stamp is required.
PS Form 3602-R Jan 2024 (Page 2 or 2)
D •Ei Escanee perm laaref COURTESY NOTICE OF PUBLIC HEARING
',nunciocamplafo
• gpeAol an CITY OF MIAMI BEACH HISTORIC PRESERVATION BOARD AND DESIGN REVIEW BOARD
Dh CITYWIDE DIGITAL INFORMATION KIOSKS
Applications(HPB23-0590 AND ORB23-0968)have boon Med requesting a Certificate of Appropriateness and Design Review Approval for the design of Digital Information Kiosks,to be Installed within the right-of-way(I.a,
ddewafks,etc.)at various locations In the dly.
The applications have been filed with the Planning Department for review by the Historic Preservation Board end Design Review Board end wall be considered per the Boards authority in accordance with Sec.2.1.4.1 of the
Cily's land Development Regulations.NI are(reviled to appear or be represented by an agent at the pubis hearings end provide their views before the Boards.Details on how to Participate are below,
The application and all related documents ere available for public Inspection by appointment during normal business hours In the Planning Department office located et 1700 Convention Canter Drive,2nd Floor,City Hall,
Miami Beach,Flodde 33139,Please direct requests for review to(305)673.7550.Electronic copies of these hams ere available for pubic Inspection at hltoel/b11.1v/48SgMs3.
The City of Miami Beach Historic Preservation Board will bold a regularly scheduled meeting on March 12,2024 at 9:00 Alt,In the Miami Beach Convention Center,1901 Convention Center Drive,Rooms
222-223,Miami Beach,FL 33139,Applicants and members of the pubic may attend the meeting virtually via Zoom(i.e.using'communicaUons media technology).To eltendlparUdpale via Zoom,please join the webhrar
vie this Ink:htlp9/blLly/497Crfu or Phone one-lap:US+13125266709 or 888 475 4499(Toll Free)Webinar ID:817 4834 7488.Tills item may be continued to another meeting date and,under such circumstances,further
advertised legal notice may not be provided.
Digital Information Kiosks to be Installed within the right-of-way at the following nine(9)locations will be discussed at this meeting:Collins Ave&34th St,Collins Ave&23rd St,Collins Ave&Lincoln Rd,Collins Ave 8 1 filh
St,Lincoln Rd&Washington Ave,Washington Ave&10th St,Washington Ave&8th St,Ocean Dr&f Olh St.Oth Si&Ocean Or.
The City of Miami Beach Design Review Board will hold a motorist scheduled mesitne on Agrll 2,2024 at g:00 A.M.in the Miami Beech Convention Canter,1901 Convention Center Drive,Rooms 222-223,Miami
Beach,FL 33139,Applicants and members of the pubic may attend the meeting virtualy via Zoom(I.e.using'communications media tedmology).To attend/participate via Zoom,please join the webinar via Ns link:
hltpsllbit.tv/3ubhth4 or(Phone one-lap:US of3017168692 or 888 476 4499(Toll Free)Webiner ID:822 7394 1924.This Hem may be continued to another meeting data and.under such circumstances,further advertised
legal notice may not be provided.
Digital Information Kiosks to be Installed within the right-of-way et the following two(2)locations will be discussed at this meeting:Convention Center Dr&19th SI,Lincoln Rd&Alton Rd.
Members Ogle pubic,wishing to
• speak on en Item during the meeting must click the'retie hand'Icon If using the Zoom app or press♦9 on the telephone to'raise hand.'
• provide testimony and/or submit evidence In support of or In opposition toe scheduled item may appear In person at rooms 222.223 of the Miami Beads Convention Center.
• submit curie visual materiels are requested to submit materials via emelt as en attachment to planningeudtovlsualaimlemibeachfi.gov by 5:00 P.M.three(3)business days prior to the meeting.Materials must
dearly reference the application Be number and should be formatted as PowerPoInt or PDF end shall not exceed 25 MB In size.
• provide written comments may address them to the Historic Preservation Board end Design Review Board via email to HPBI®mismibeach0.gov and DRBOlmiemlbeachfi.gov by 5:00 P.M.three(3)business
days prior to tile meeting with the agenda item number In the email subject tine.Attachments must be submitted In PDF format.Smalls received et Mast three(3)busInesa days prior to the meeting will bo
forwarded to the board members end included as pad of the meeting record.
Audio visual materials or written comments submitted after these deadlines may not be received with sufident Ume to be forwarded to board members prior to the date of the meeting.
RESOLUTION NO. 2023-32863
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY
AND IKE SMART CITY, LLC(IKE),PURSUANT TO REQUEST FOR PROPOSALS
(RFP) NO. 2022-040-KB, TO DESIGN, MANUFACTURE, INSTALL, MAINTAIN,
AND OPERATE INTERACTIVE DIGITAL MEDIA KIOSKS; SAID AMENDMENT
(1) GRANTING THE CITY, FOR ITS CONVENIENCE, THE RIGHT TO REQUIRE
IKE TO RELOCATE ANY IKE KIOSK, WITH IKE BEARING ANY AND ALL
RELOCATION COSTS; AND (2) REQUIRING THAT MAIL NOTICES
ASSOCIATED WITH THE APPROVAL OF IKE KIOSK LOCATIONS BY THE
DESIGN REVIEW BOARD OR HISTORIC PRESERVATION BOARD BE SENT
CITYWIDE AT IKE'S SOLE COST.
WHEREAS, on August 25, 2021, the Administration received an unsolicited proposal from
IKE Smart City, LLC("IKE"), pursuant to Section 255.065, Florida Statutes,to Design, Manufacture,
Install, Operate and Maintain Interactive Digital Media Kiosks at certain sites throughout the City;
and
WHEREAS, on January 20, 2022, the Mayor and City Commission approved Resolution
2022-31989, accepting the unsolicited proposal pursuant to Section 255.065, Florida Statutes and
authorizing the Administration to issue Request for Proposals(RFP) No. 2022-040-KB(the"RFP"),
seeking proposals from other interested parties for the same project purpose as the unsolicited
proposal; and
WHEREAS, on December 14, 2022, via Resolution 2022-32422, the Mayor and City
Commission authorized the Administration to enter into negotiations with IKE, the top-ranked
proposer, and if unsuccessful, to negotiate with Smart City Media, the second-ranked proposer,
with the final negotiated agreement being subject to the prior approval of the Mayor and City
Commission; and
WHEREAS, on June 28, 2023, the City Commission, by a vote of 5/7th, adopted Resolution
No. 2023-32627, approving the essential business terms for an Agreement with IKE, pursuant to the
RFP, to Design, Manufacture, Install, Maintain, and Operate Interactive Digital Media Kiosks with the
following amendments: (1) the installation of any additional kiosks, exceeding the original fifteen,
shall be subject to approval by the City Commission; and (2) the maintenance standards for the
kiosks shall include the requirement that the kiosk be maintained in "like-new condition" throughout
the term of the Agreement; and
WHEREAS,on July 28, 2023,the City and IKE executed an Agreement pursuant to the RFP
(the"Agreement"); and
WHEREAS, on September 13, 2023, the Mayor and City Commission of the City of Miami
Beach adopted Resolution No. 2023-32759, authorizing the City to enter into a Memorandum of
understanding with the Florida Department of Transportation (FDOT)for the installation, operation,
and maintenance of IKE kiosks which would be placed on various FDOT rights-of-way pursuant to
the Agreement; and
WHEREAS, Commissioner Tanya K. Bhatt placed an agenda item to be heard during the
December 13, 2023 City Commission meeting, entitled "Discuss/Take Action Regarding
Termination of the Agreement with IKE Smart City for Digital Media Kiosks"; and
WHEREAS,in the City Commission Memorandum, Commissioner Bhatt cited to residents'
opposition to the kiosks; the reduced need for signage due to the availability of smart devices; the
already congested walkways; and the possible negative effects of commercial messaging, which
could downgrade the experience of the residents and visitors and.the City's brand; and
WHEREAS, pursuant to the Agreement, the locations for the IKE kiosks would need to be
approved administratively by the City Manager and at the regulatory level by the Design Review
Board (DRB)or the Historic Preservation Board(HPB), as applicable; and
WHEREAS, although IKE removed its application for the placement of IKE kiosks in the
South.of Fifth Neighborhood in response to residents'objections, members of the City Commission
expressed concern over the lack of community engagement in connection with the installation of a
kiosk at a particular location; and
WHEREAS, notwithstanding the limitation of liability provision in the Agreement, limiting the
City's liability for a breach of contract action to $100,000.00, the members of the City
Commissioners in general expressed concern over setting a precedent for the City of reneging on
its contractual obligations; and
WHEREAS,during the discussion of this agenda item, IKE agreed to modify the Agreement
to.include: (1)the City's right, for convenience and without cause, to request the relocation of any
IKE kiosk, with IKE being responsible for all costs associated with the relocation; and (2) the
requirement that mail notices associated with the regulatory approvals by the DRB or the HPB of
any IKE kiosk locations be sent citywide at IKE's sole cost.
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 authorize the
City Manager to negotiate and execute an amendment to the.Agreement between the City and IKE
Smart City, LLC (IKE), pursuant to Request for Proposals (RFP) No. 2022-040-KB, to Design,
Manufacture, Install, Maintain, and Operate Interactive Digital Media Kiosks; said amendment (1)
granting the City, for its convenience, the right to require IKE to relocate any IKE kiosk, with IKE
bearing any and all relocation costs; and:(2)requiring that mail notices associated with the approval
of IKE kiosk locations by the Design Review Board or Historic Preservation Board be sent citywide
at IKE's sole cost.
PASSED and ADOPTED this 13th day of December, 2023.
ATTEST: = ...
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Steven Meiner, Mayor
Rafael . Gra ado, City Clerk
JAN u 8 2024 FAPPROVED AS TO
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&FOR EXECUTION
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City Attomey Date
New Business and Commission Requests-R9 W
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Commissioner Tanya K.Bhatt
DATE: December 13,2023
SUBJECT:DISCUSS/TAKE ACTION REGARDING TERMINATION OF THE AGREEMENT WITH IKE SMART
CITY FOR DIGITAL MEDIA KIOSKS.
ANALYSIS
On June 28, 2023. pursuant to RFP No. 2022-040-KB, the City of Miami Beach executed a 30-year agreement with IKE Smart City (the
"Agreement") for the design, manufacture, installation, operation and maintenance of interactive digital media kiosks ("IKE Kiosks") at
designated locations in the City of Miami Beach.
Since June 2017, when in response to residents' concerns, the Miami Beach United advocacy group submitted a resolution
encouraging the City"reject the idea of creating digital kiosks as information sources for tourists and residents,"and again with this
new iteration of the digital kiosk proposal, there continues to be extremely strong resident pushback against these kiosks. That
should count for something.
• Since 2017, the volume and accessibility of information on the ubiquitous smart devices has only increased exponentially,
and therefore the need for such information signage is greatly reduced.
• Additionally, we already have challenging public right of ways: narrow sidewalks that have to accommodate utilities, signage,
alternative modes of transportation,and increasing numbers of pedestrians.
• Wider public right of ways may also have,in addition to those challenges, sidewalk cafes,planters,hostess stands,etc.
• While I appreciate the opportunity for a revenue stream from a portion of the advertising sales on the kiosk,we do not need
more commercial visual clutter, especially that which could potentially be pushing out messages contrary to the branding
narrative the City wishes to move towards. For such a small revenue impact, the cost in lack of control of the narrative may
be onerous. The effective visual pollution certainly would be. and in a city where there is so much beautiful architecture and
natural beauty to enjoy, downgrading the experience further erodes our brand.
In response to resident concerns, IKE has withdrawn its application to the Historic Preservation Board for placement of any kiosks
in the South of Fifth neighborhood. If it is reasonable to eliminate this type of visual clutter in one neighborhood, why is it not
reasonable to eliminate it in every other neighborhood?
Although I commend IKE for listening to the City's residents and voluntarily agreeing to not install any kiosks in the South of Fifth
neighborhood, I would like to discuss this matter further with my colleagues,to consider the possible termination of the Agreement.
Based on direction provided by the City Commission during negotiations with IKE, the Termination for Convenience clause in the
Agreement approved by the City Commission cannot be exercised until the sixteenth year following its effective date.
It appears that if the City were to refund the initial $1,000,000 payment made by IKE following the execution of the Agreement, the
City would also have exposure on a breach of contract claim of up to$100,000,as the Agreement includes a limitation on the City's
liability of$100,000, for a total of$1.1 million. As a businessperson and tax paying resident, I am not being cavalier about this
significant amount of money.
Despite all of this, I believe that it may be in the best interests of the City and its residents to terminate an agreement even if there
are costs involved for breaching the contract.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Is this a"Residents Right to Does this item utilize G.O.
Know"item,_pursuant to Bond Funds?
City Code Section 2-14?
No No
legislative Tracking
Commissioner Tanya K.Bhatt