PH.10 - A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER’S WRITTEN FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT “A,” THAT COMPETITIVE SEALED BIDDING IS NOT PRACTICABLE OR IS NOT ADVANTAGEOUS TO THE CITY OF MIAMI, FLORIDA (“CITY”) FOR THE PROCUREMENT OF A REVENUE GENERATING SELF-SERVICE BICYCLE RENTAL AND SHARING PROGRAM (“PROGRAM”) FOR THE CITY’S DEPARTMENT OF RESILIENCE AND PUBLIC WORKS AND AWARDING A CONCESSIONAIRE AGREEMENT (“AGREEMENT”) TO DECO BIKE, LLC, A FLORIDA LIMITED LIABILITY COMPANY (“DECO BIKE”), FOR AN INITIAL TERM OF FIVE (5) YEARS WITH TWO (2) OPTIONS TO RENEW FOR ADDITIONAL ONE (1) YEAR TERMS, WITH A MINIMUM ANNUAL GUARANTEE PAYABLE TO THE CITY OF NINETY THOUSAND AND 00/100 DOLLARS ($90,000.00); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH DECO BIKE FOR THE P...

WHEREAS, pursuant to Resolution No. R-13-0035, adopted by the City Commission on January 24, 2013, the City of Miami (“City”) and Deco Bike, LLC (“Deco Bike”) entered into a Concession Agreement (“Prior Agreement”) to provide a self-service bicycle rental & sharing program (“Program”) for the Department of Resilience And Public Works (“RPW”), in accordance with Request for Proposals (“RFP”) 275267, Self-Service Bicycle Share Rental Program; and

WHEREAS,thePriorAgreementhadafive(5)yearinitialtermwithfive(5)additionalone (1) year options to renew, providing for a total term of ten (10) years as was solicited in the RFP, which was due to expire on December 18, 2024; and

WHEREAS, on December 12, 2024, the City Commission adopted Resolution No. R-24-0487, which authorized the City Manager to negotiate and execute Amendment No. 1 to the Prior Agreement with Deco Bike, in a form acceptable to the City Attorney, to extend the term for six (6) months and allow for further extensions beyond the initial expiration date of December 18, 2024; and

WHEREAS, on May 15, 2025, the City and Deco Bike executed Amendment No. 1 to the Prior Agreement to modify and amend certain terms of the Prior Agreement, including an expiration date of August 18, 2026, which was subsequently extended administratively to December 16, 2026; and

WHEREAS, the City and Deco Bike have negotiated a new Concessionaire Agreement (“Agreement”) for the Program having a five (5) year initial term with two (2) options to renew for additional one (1) year terms; and

WHEREAS, the Agreement provides for a one hundred percent (100%) increase to the Forty-FiveThousandand00/100Dollars($45,000.00)annualrevenuecurrentlyprovidedtotheCity by Deco Bike, by providing a Minimum Annual Guarantee in the amount of Ninety Thousand and 00/100 Dollars ($90,000.00); and

WHEREAS,DecoBike’sproposedsimplifiedrevenuemodeleliminatesthelosscreditsto Deco Bike and Deco Bike assumes all costs and liabilities associated with theft and vandalism of the bikes and equipment; and

WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended (“City Code”), the City Manager has waived the requirements for competitive sealed bidding methods by making a written finding, attached and incorporated as Exhibit “A,” that such methods are not practicable or are not advantageous to the City for the procurement of the Program with reasons supporting the same and awarding the Agreement to Deco Bike; and

WHEREAS, said written finding must be ratified, confirmed, and approved by the City Commission by a four-fifths (4/5ths) affirmative vote after an advertised public hearing;

NOW,THEREFORE,BEITRESOLVEDBYTHECOMMISSIONOFTHECITYOF MIAMI, FLORIDA:

Section1.  TherecitalsandfindingscontainedinthePreambletothisResolutionare adopted by reference and incorporated as if fully set forth in this Section.

Section 2.  By a four-fifths (4/5ths) affirmative vote, after an advertised public hearing, pursuant to Section 18-85(a) of the City Code, the City Manager’s recommendation and written finding, attached and incorporated as Exhibit “A,” that the requirements for competitive sealed bidding methods are waived as not being practicable or advantageous to the City for the provision of the Program is hereby ratified, confirmed, and approved.

Section 3.  The City Manager is authorized to negotiate and execute the Agreement, in a form acceptable to the City Attorney, with Deco Bike for the Program for an initial term of five (5) years, with two (2) options to renew for additional one (1) year terms, and a Minimum Annual Guarantee payable to the City of Ninety Thousand and 00/100 Dollars ($90,000.00).

Section 4.  The City Manager is further authorized1 to negotiate and execute all other documents, including any amendments, renewals, and extensions, all in forms acceptable to the City Attorney, subject to allocations, appropriations, and budgetary approval having been previously made, and in compliance with applicable provisions of the City Code, including the City of Miami’s Procurement Ordinance, Anti-Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, and in compliance with applicable regulations, as may be necessary for said purpose.

Section 5.  This Resolution shall become effective immediately upon its adoption.