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HomeMy WebLinkAbout25581AGREEMENT INFORMATION AGREEMENT NUMBER 25581 NAME/TYPE OF AGREEMENT DECO BIKE, LLC DESCRIPTION 1ST AMENDMENT TO CONCESSION AGREEMENT/RFP NO. 275267 SELF-SERVICE BICYCLE SHARING PROGRAM EXTENSION OF SERVICES/MATTER ID: 24-3288K EFFECTIVE DATE May 15, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 5/15/2025 DATE RECEIVED FROM ISSUING DEPT. 5/15/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Aimee Gandarilla / Justin Griffin NAME OF OTHER CONTRACTUAL PARTY/ENTITY: DECO BIKE, LLC. EXT. 1906 /1949 IS THIS AGREEMENT TO BE EXPEDITED/RUSH: TOTAL CONTRACT AMOUNT: $ TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) ■ FUNDING INVOLVED? YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT NO NO PURPOSE OF ITEM (DETAILED SUMMARY): FIRST AMENDMENT TO THE CONCESSION AGREEMENT WITH DECO BIKE, LLC. COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DIRECTOR/CHIEF PROCUREMENT OFFICER May 14, 2025 Annie Perez, CPPO 09:10:27 EDT..=.4ede. SIGNATURE: �^^-- �sa„w46a SUBMITTED TO RISK MANAGEMENT May 14, 2025 Ann -Marie Sharpe 09:13:07 EDT—. SIGNATURE: row&��V, SUBMITTED TO CITY ATTORNEY matter 24-3288K May 14, 2025 I R9 9g/CENysong III moo=s,4..d e. SIGNATURE: Aor5FVI-tB Rr Uisov� Ifl ]/ APPROVAL BY ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER May 14 , 2025 /11171WIYttrCPA SIGNATURE: lA+r Spr APPROVAL BY ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS Barbara Hernandez, MPA SIGNATURE: APPROVAL BY ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE Asael Marrero SIGNATURE: APPROVAL BY DEPUTY CITY MANAGER May 14, 2025 I 1Natasha CEplebrOOk-Williams SIGNATURE: f,10,„e,.n.eac _w.a,_ RECEIVED BY CITY MANAGER May 14, 2025 1 Al�rt,.lmplo a V SIGNATURE: a ivbnuf SUBMITTED TO THE CITY CLERK May 15, 2025 111 18a:U7M11_ o tley SIGNATURE: Da b,, �L PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Justin Griffin Contact Person Sr. Procurement Contracting Officer Title 5/13/2025 Date: Procurement Requesting Client (305) 416-1949 Telephone Legal Service Requested: Matter 24-3288K: FIRST AMENDMENT TO THE CONCESSION AGREEMENT WITH DECO BIKE, LLC. Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating the Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: nlssue opinion in writing. Publish opinion after issuance. Authorized by: Annie Perez Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Copy returned to Requesting Client Type: Matrix: Category: Copy to Ultimate Client rev. 04/14/2017 AGREEMENT/AMENDMENT OVERVIEW AGREEMENT TITLE: First Amendment to the Concession Agreement between The City Of Miami and Deco Bike, LLC 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ 0 City Manager — Authority level Per Resolution No. 24-0487 ❑ City Commission — RESOLUTION No. 24-0487 2. PROCUREMENT METHOD: 0 RFP/RFQ ❑ IFB ❑ ITB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ COOPERATIVE ❑ PROFESSIONAL SERVICES UNDER $25,000 3. TYPE OF AGREEMENT: ❑ PROFESSIONAL SERVICES AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ SOFTWARE AS A SERVICE AGREEMENT ❑ LEASE AGREEMENT ❑ OPERATOR AGREEMENT 0 CONCESSION AGREEMENT ❑ OTHER (Please explain): 4. IF THIS IS AN AMENDMENT, WHAT IS THE NUMBER OF THE AMENDMENT AND WHAT DOES THIS AMENDMENT DO (INCREASE CAPACITY, CHANGE IN TERMS, ETC) BE SPECIFIC AND INCLUDE THE PAGE NUMBER(S) THAT SPECIFIES WHAT IS BEING AMENDED ON THE CONTRACT. This is the First Amendment to the Concession Agreement that extends the term for six (6) months past the initial expiration date of December 18, 2024, and also for 14 months past the current expiration date of June 18, 2025. Thus, the final term of the contract is extended to August 18, 2026. See pages 1 and 2. The First Amendment also contains updated clauses (e.g., E-Verify, Anti -Human Trafficking, etc.) required by new statutes and best practices. See pages 3 and 4. 5. WAS THE AMENDMENT APPROVED BY THE CITY COMMISSION? 0 YES ❑ NO IF YES, WHAT IS THE RESOLUTION NUMBER? On December 12, 2024, the City passed Resolution 24-0487, which authorized the City Manager to negotiate and execute Amendment No. 1 to the 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. The Office of the City Attorney approved the form of the First Amendment via Matter ID No. 24-3288K. 6. WHAT IS THE SCOPE OF SERVICES? The provision of a self-service bicycle sharing program. Updated 1/29/2025 7. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Public Works 8. IS THE AWARDEE INCUMBENT? Yes. 9. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? Price and terms are the same. 10.WHEN DOES THE CURRENT CONTRACT EXPIRE? June 18, 2025 11. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? This is a revenue generating contract in the amount of One Hundred Thousand Dollars ($100,000.00) per calendar year. 12.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Pursuant to Request for Proposals ("RFP") No. 275267 and Resolution No. 13-0035. Updated 1/29/2025 City of Miami Contract No. RFP 275267 FIRST AMENDMENT TO THE CONCESSION AGREEMENT BETWEEN THE CITY OF MIAMI AND DECO BIKE, LLC. THIS FIRST AMENDMENT TO THE CONCESSION AGREEMENT (this "Amendment") is made and entered into as of the 15thday _May _ 2025 (the "Effective Date"), by and between the CITY OF MIAMI, a municipal Corporation of the State of Florida, with its principal address located at 444 S.W. 2nd Avenue, Miami, FL 33130 (the "City"), and DECO BIKE, LLC, a Florida limited liability company, with its principal address located at 41 NE 17th Terrace, Miami, FL 33132 ("Deco Bike"). The City and Deco Bike may each be individually referred to as a "Party" or collectively as the "Parties." RECITALS WHEREAS, on May 17, 2013, pursuant to Request for Proposals ("RFP") No. 275267 and Resolution No. 13-0035, the Parties entered into that certain Concession Agreement with an effective date of May 17, 2013 (hereinafter the "Agreement"), for the provision of a self-service bicycle sharing program ("Services"); and WHEREAS, the initial term of the Agreement commenced on December 19, 2014, which is the "Operational Rollout" date set for the commencement of the term of the Agreement; and WHEREAS, the Agreement had a five (5) year initial term with five (5) additional one (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 passed Resolution 24-0487, which authorized the City Manager to negotiate and execute Amendment No. 1 to the 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, the Parties continue to engage in negotiations while the Services continue and the Agreement remains in effect, with the Agreement's current expiration date being June 18, 2025; and WHEREAS, it is in the City's best interest to provide an allowance for extensions and to extend the Agreement to further negotiations while the Services continue with Deco Bike, for fourteen (14) months past the current expiration date of June 18, 2025; and WHEREAS, the Parties desire to modify and amend certain terms of the Agreement, as more particularly set forth hereinbelow. 1 City of Miami Contract No. RFP 275267 AGREEM ENT NOW, THEREFORE, in consideration of the foregoing Recitals, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby amend the Agreement as follows: 1. Recitals. The above recitals are incorporated herein by reference and made a part hereof. 2. Capitalized Terms. All capitalized terms when used herein shall have the same meaning as is given such terms in the Agreement, unless expressly superseded by the terms of this Amendment. 3. Extension of Agreement. Section 2.2 of the Agreement, titled Extension of Agreement, is hereby amended by adding the following immediately at the end thereof: Upon the expiration of the one (1) additional six (6) month extension which is on June 18, 2025, pursuant to Resolution 24-0457, this Agreement may be extended administratively by the City Manager for one (1) additional fourteen (14) month period expiring on August 18, 2026, so long as Concessionaire is not in default. The City, acting by and through its City Manager, shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause. 4. Counterparts. A new Section 22.15, titled Counterparts, is hereby added to the Agreement to include the following provision: 22.15 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same agreement. This Agreement may be executed in counterparts, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 2 City of Miami Contract No. RFP 275267 5. E-Verify Employment Verification. A new Section 22.16, titled E-Verify Employment Verification, is hereby added to the Agreement to include the following provision: 22.16 E-Verify Employment Verification. Concessionaire shall E-Verify the employment status of all employees and subconsultants to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by Concessionaire of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Concessionaire knowingly employs unauthorized aliens, such violation shall be cause for termination of this Agreement. Furthermore, Concessionaire agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e-verify.uscis.gov/emp, to verify the employment eligibility of all employees during the term of this Agreement. The Concessionaire shall also include a requirement in subconsultant agreements that the subconsultant shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subconsultant during the term of this Agreement. 6. Antitrust Violators Vendor List. A new Section 22.17, titled Antitrust Violators Vendor List, is hereby added to the Agreement to include the following provision: Section 22.17 Antitrust Violators Vendor List: Pursuant to Section 287.137, Florida Statutes, a person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. 7. Anti -Human Trafficking: A new Section 22.18, titled Anti -Human Trafficking, is hereby added to the Agreement to include the following provision: Section 22.18 Anti -Human Trafficking: Concessionaire confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and 3 City of Miami Contract No. RFP 275267 that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Concessionaire shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached and incorporated herein as "Anti -Human Trafficking Affidavit". If the Concessionaire fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Concessionaire for any additional compensation or for any consequential or incidental damages. 8. Electronic Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, and all of which, together, shall constitute one and the same instrument. The parties shall be entitled to sign and transmit an electronic signature of this Amendment (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. The parties intend to be bound by the signatures on the telecopied or electronic PDF document, are aware that the other party will rely on the telecopied or electronic PDF signatures, and hereby waive any defenses to the enforcement of the terms of this Amendment based on the form of signature. 9. Conflict; No Further Modification. In the event of any conflict between the terms of the Agreement and this Amendment, this Amendment shall prevail. Except as otherwise set forth in this Amendment, all of the terms and provisions of the Agreement shall remain unmodified and in full force and effect. 10. No Other Amendments. Except as expressly set forth in this Amendment, the Agreement shall remain unmodified and in full force and effect and is hereby ratified and confirmed and so amended. 11. Binding Effect. This Amendment shall be binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns. 12. Headings. Descriptive headings are used in this Amendment for convenience only and shall not control, limit, amplify or otherwise modify or affect the meaning or construction of any provision of this Amendment. 4 City of Miami Contract No. RFP 275267 [The remainder of this page is intentionally left blank; signatures on following page] IN WITNESS WHEREOF, each Party hereto has caused this instrument to be executed by their respective officials thereunto duly authorized, as of the day and year first above written. ATTEST: Deco Bike: Deco Bike, LLC, a Florida limited liability company By: By: Print Name: M, 'iN` `t t2 Vi IZ Print Name: Ricardo Title: CCU , Title: President (Corporate Seal) corporation ATTEST: •—E461,756000F1459..• City: Pierdant City of Miami, a Florida municipal By: ,DocuSignecl a 14Uttr Noriedyt ‘-850CF603721:01... Todd B. Hannon, City Arthur Noriega V, City Manager 5 City of Miami Contract No. RFP 275267 APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE AND CORRECTNESS: REQUIREMENTS: atOr fe RISO4 I I I 81376E9FE88246E... George K. Wysong III 24-3288K DocuSignetl by: M9506318214E7.. Ann -Marie Sharpe, Director City Attorney Risk Management Department WRITTEN COMPANY RESOLUTION OF THE DIRECTORS OF DECO BIKE, LLC Effective as of May 15th , , 2025 The undersigned, being all of the directors (the "Directors") of DECO BIKE, LLC, a Florida limited liability company (the "Company"), being the only parties required to approve or consent to the following matters, by this Written Consent in lieu of a special meeting, effective as of the date written above, do hereby agree that upon execution of this Written Consent, the resolution set forth below shall be deemed to have been adopted to the same extent and to have the same force and effect as though adopted at a meeting called and held for the purpose of acting upon proposals to adopt such resolution: WHEREAS, the Company entered into that certain Concession Agreement with an effective date of May 17, 2013 (hereinafter the "Agreement"), by and between the Company and the City of Miami (the "City"), for the provision of a self-service bicycle sharing program ("Services"); and WHEREAS, the initial term of the Agreement commenced on December 19, 2014, which is the "Operational Rollout" date set for the commencement of the term of the Agreement; and WHEREAS, the Agreement had a five (5) year initial term with five (5) additional one (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 passed Resolution 24-0487, which authorized the City Manager to negotiate and execute Amendment No. 1 ("First Amendment") to the Agreement with the Company, to extend the term for six (6) months and allow for further extensions beyond the initial expiration date of December 18, 2024; and WHEREAS, the Company and the City continue to engage in negotiations while the Services continue and the Agreement remains in effect, with the 6 City of Miami Contract No. RFP 275267 Agreement's current expiration date being June 18, 2025; and WHEREAS, the Company has determined that it is in its best interest to extend the Agreement while the Services continue, for one (1) year past the current expiration date of June 18, 2025, and to execute and deliver any and all documents required to be executed by the Company in connection with such First Amendment; and WHEREAS, the Directors have considered the matter in accordance with the bylaws of the Company and wish to authorize the Company to execute and deliver any and all documents required to be executed by the Company in connection with such First Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD, that the Company is authorized to execute and deliver any and all documents required to be executed by the Company in connection with such First Amendment, and the President and the Vice President are hereby authorized and directed to execute the First Amendment in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose; and be it RESOLVED FURTHER, that the President, Ricardo Pierdant, and the Vice President, Bonifacio Diaz, and each of the Company's members, directors, officers, and authorized representatives be, and hereby is, authorized, empowered and directed to, in the name of and on behalf of the Company, to take any and all actions which they or any of them deem necessary or appropriate to perform, effectuate and perfect the transactions contemplated by the foregoing resolutions, including, but not limited to, the execution and delivery of such other documents, instruments or certificates and the payment of such fees and expenses in connection therewith, as they or any of them deem necessary or appropriate and that all such actions so taken be, and each hereby is, authorized, approved, ratified, and confirmed; and be it RESOLVED FURTHER, that the execution of any document authorized by the foregoing resolution, or any document executed in the accomplishments of any action or actions so authorized, is (or shall become upon delivery) the enforceable and binding act and obligation of the Company without the necessity of the signature or attestation of any other officer of the Company or the affixing of the corporate seal; and be it RESOLVED FURTHER, that any and all actions taken on behalf of the Company by any member, director, officer or other authorized representative of the Company in connection with the transactions contemplated by the foregoing resolutions, including, without limitation, the negotiation, execution, delivery and acceptance of any documents, instruments, certificates or other writings, prior to the date hereof be, and the same hereby are, authorized, approved, ratified and confirmed in all respects; and be it 7 City of Miami Contract No. RFP 275267 RESOLVED FURTHER, that the President and Vice President of the Company be, and hereby is, authorized and empowered to certify these resolutions; and be it RESOLVED FURTHER, that these resolutions shall continue in full force and effect and may be relied upon by all parties who receive a copy hereof, and these resolutions may be executed and delivered via .pdf or other electronic format and shall be deemed one fully executed original instrument. [The remainder of this page is intentionally left blank; signatures on following page] IN WITNESS WHEREOF, the undersigned, being all of the Directors of the Company, have duly executed this Written Consent, effective on and as of the date first set forth above. PRESIDEN •F THE t '1. PANY: Ricard. 'ierdant VICE PRESIDENT OF THE COMPANY: Bonifacio laz 8 Nongovernmental Entity: Ricardo Name: ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-1. 2. Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Deco Bike L C ier ant rest en r 1 Officer Title: Signature of Officer: Office Address: Email Address: 41 die 17 ter miami fl 33132 Diazweb©msn.conawrdin Phone Number: 3057241177 FEIN Noy I7-1Il /7/o5/7/9 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was sworn to and subscribed before me by means of El physical presence or 41ine notarization, this /a day of Mao byIi1tcoid() PitticiM; as the authorized officer or representative for the nongovernmental entity.. He/she is personally known to me or has produced as identification. (NOTARY PUBLIC SEAL) 1 rkwk MONICAGARCIA I ‘y r,t. Notary Public - State of Florida 0 ('�,'yy�o Commisslon # HH 427053 nr My Comm. Expires Jul 27, 2027 !ended 11`ret NatioM1 Votary Assn. My Commission Expires: Signature of Person Takla Oath MonieG E-Ctvun (Printed, Typed, or Stamped Name of Notary Public) EXHIBIT AFFIDAVIT-1 SECTION 787.06, FLORIDA STATUTES (2024) Select Year: 2024 v The 2024 Florida Statutes Go Title Chapter 787 View Entire XLVI KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED Chapter CRIMES OFFENSES 787.06 Human trafficking.— (1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the Length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person. (b) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. (c) "Financial harm" includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d) "Human trafficking" means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "Obtain" means, in relation to labor, commercial sexual activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j) "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e)1. For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (f)1. For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (g) For commercial sexual activity in which any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4)(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, the term "permanently branded" means a mark on the individual's body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of this section may be seized and shall be forfeited as provided by the Florida Contraband Forfeiture Act. After satisfying any liens on the property, the remaining proceeds from the sale of any property seized under this section and owned by a defendant convicted of a violation of this section must first be allocated to pay any order of restitution of a human trafficking victim in the criminal case for which the owner was convicted. If there are multiple human trafficking victims in the criminal case, the remaining proceeds must be allocated equally among the victims to pay restitution. If the proceeds are sufficient to pay any such order of restitution, any remaining proceeds must be disbursed as required by s. 932.7055(5)-(9). (8) The degree of an offense shall be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shall be reclassified as a felony of the first degree. (b) A felony of the first degree shall be reclassified as a life felony. (9) In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. (10)(a) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119.011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119.011, as necessary to maintain health and safety standards and to address emergency situations in the residential facility. (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities licensed by the Agency for Health Care Administration. (11) A victim's lack of chastity or the willingness or consent of a victim is not a defense to prosecution under this section if the victim was under 18 years of age at the time of the offense. (12) The Legislature encourages each state attorney to adopt a pro -prosecution policy for human trafficking offenses, as provided in this section. After consulting the victim, or making a good faith attempt to consult the victim, the state attorney shall determine the filing, nonfiling, or diversion of criminal charges even in circumstances when there is no cooperation from a victim or over the objection of the victim, if necessary. (13) When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). History.—s. 2, ch. 2004-391; s. 1, ch. 2006-168; s. 5, ch. 2012-97; s. 300, ch. 2014-19; s. 7, ch. 2014-160; s. 96, ch. 2015-2; s. 2, ch. 2015-147; s. 3, ch. 2016-24; s. 25, ch. 2016-105; s. 4, ch. 2016-199; s. 2, ch. 2020-49; s. 2, ch. 2021-189; s. 3, ch. 2023-86; s. 7, ch. 2024- 184. Copyright © 1995-2024 The Florida Legislature • Privacy Statement • Contact Us Olivera, Rosemary From: Gandarilla, Aimee Sent: Thursday, May 15, 2025 11:17 AM To: Hannon, Todd Cc: Olivera, Rosemary; Brown, Sadie; Telfort, Cameitra; Jerez, Ileana Subject: Executed First Amendment Deco Bike (Matter 24-3288K) Attachments: First Amendment Deco Bike (Matter 24-3288K).pdf Good morning Todd, Please find attached the fully executed copy of an agreement from DocuSign that will be considered an original agreement for your records. Cameitra: Please close Matter 24-3288K. Thank you, Aimee candaniltai Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6thfloor, Miami, FL 33130 P (305) 416-1906 F (305) 400-5073 E agandarilla@miami.gov "Serving, Enhancing, and Transforming our Community" i