Resolution No. 2022-64 Approving Freebee Second Amendment to Agreement - November 1, 2022 CITY OF AVENTURA RESOLUTION NO. 2022-64
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE SECOND AMENDMENT TO
THE AGREEMENT WITH FREEBEE, LLC.; AUTHORIZING THE CITY
MANAGER TO PURCHASE TWO ADDITIONAL TESLA VEHICLES
FROM THE VENDOR; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in February 2021, the City received proposals from two on-demand
service providers and entered into a one-year pilot program with Freebee, LLC.
("Freebee") to provide fully electric buses available to residents in a predetermined zoned
boundary; and
WHEREAS, at the February 1 , 2022 City Commission meeting, the Commission
approved expanding the on-demand service to the entire City in two phases and ordered
four additional Tesla cars and two electric buses from Freebee to satisfy the demand for
this service; and
WHEREAS, based on the City Manager's monitoring of ridership levels and
requests for the service since the fleet increased, the City Manager is recommending that
two more Tesla vehicles should be added to the fleet, bringing the total number of cars
and buses supplied by Freebee to ten (eight Tesla cars and two buses); and
WHEREAS, the City Commission finds that it is in the best interest of the City and
its residents to approve the City Manager's recommendation to enter into a second
amendment to the agreement with Freebee to order two additional vehicles.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Incorporated. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. Second Amendment to Agreement Approved. That the City
Commission hereby approves the City Manager's Second Amendment to the Agreement
attached hereto as Exhibit "A".
Section 3. Purchases Approved. That the City Commission hereby approves
the purchase of two additional electric Tesla vehicles.
Section 4. City Manager Authorized. That the City Manager is hereby
authorized to take all necessary steps to implement this Resolution.
City of Aventura Resolution No. 2022-64
Section 5. Effective Date. That this Resolution shall become effective upon its
passage.
The foregoing Resolution was offered by Commissioner Shelley, who moved its
adoption. The motion was seconded by Vice Mayor Landman, and upon being put to a
vote, the vote was as follows:
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 1st day of November, 2022.
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ENID WEISMAN, MAYOR
e
ATTEST:
ELLISA L. HORV TH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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SECOND AMENDMENT TO AGREEMENT
CITY OF AVENTURA
AND
BEEFREE, LLC DB/A FREEBEE
THIS SECOND AMENDMENT TO AGREEMENT (this "Second Amendment ") is entered
into this Pt day of November, 2022, by and between the CITY OF AVENTURA, FLORIDA, a
Florida municipal corporation (hereinafter the "City"), and BEEFREE, LLC DB/A FREEBEE,
a Florida limited liability company (hereinafter the "Contractor").
It is mutually understood and agreed by and between the undersigned contracting parties to amend
the previously executed Agreement as follows:
1. Agreement, Section 12.1 is deleted in its entirety and replaced with the following:
12.1 The term of this Agreement shall commence January 1 st, 2023, through December
31st, 2025, thereafter, unless earlier terminated in accordance with Section 12.2 herein.
Additionally, the CITY Manager may renew this Agreement for two (2) additional one (1)year
periods on the same terms as set forth herein upon written notice to the CONTRACTOR.
2. Exhibit A, Rates and Services Addendum, Section 2 (a), Services. is deleted in its
entirety and replaced with the following:
(a) FREEBEE will provide two (2) "Freebee" XL Van vehicles and eight (8) Tesla
Model X dedicated to CITY (the "Vehicles") for the duration of the Term. Both XL Van
Vehicles dedicated to CITY will be wheelchair accessible, and FREEBEE will otherwise
use its best efforts to be and remain in compliance with all Americans with Disabilities Act
("ADA") requirements. FREEBEE shall be responsible for providing appropriate training
to its drivers who will be operating the wheelchair accessible Vehicle, including but not
limited to, training as to the operation of the ramping system and securing of wheelchairs.
3. Exhibit A, Rates and Services Addendum, Section 3, Rates is deleted in its entirety
and replaced with the following:
(a) The total payment for the Services to be provided under this Addendum shall not
exceed One Million, One Hundred and Forty Eight Thousand, Eight Hundred and Sixty-
Five Dollars and 80 cents ($1,148,865.80), which includes a guaranteed advertising
subsidy of$200,000, as stipulated under Section 5(d) and 5(e) herein.
(b) The breakdown for the Services charge is as follows:
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i. Two (2)XL Vehicles
ii. Eight(8) Tesla Model X Vehicles
iii. Service: Monday through Sunday 7:00 am— 11:00 p.m.
iv. Ninety-Eight(98)Hours of labor per XL Van Vehicle weekly and 70 hours
of labor per Tesla Model X Vehicles (weather and conditions permitting)
v. Cost: $1,148,865.80 Annually
4. Exhibit A, Rates and Services Addendum, Section 4,Payment Terms is deleted in its
entirety and replaced with the following:
Payment Terms. CITY agrees to pay the Rates in monthly installments, as follows:
(a) Twelve (12) payments of approximately $95,738.82 per month, payable on or
before the 15th of each month, beginning upon delivery and deployment of the vehicles as
set forth in Section 2 above.
5. Exhibit A,Rates and Services Addendum, Section 5,Additional Terms item d. and
e. are deleted in its entirety and replaced with the following:
(d) Subject to the $24,000 per vehicle advertising discount provided annually to the
CITY, FREEBEE may enter into separate agreements with advertisers for the placement
of advertisements on its XL Van Vehicles at any time during the Term. All advertising
must be approved by the CITY in writing prior to the placement of any advertising on the
XL Van Vehicles. Any advertising revenue generated from the sale of advertising on the
Vehicles during the Term shall be retained 100%by FREEBEE.
(e) Subject to the $19,000 per vehicle advertising discount provided annually to the
CITY, FREEBEE may enter into separate agreements with advertisers for the placement
of advertisements on its Tesla X Vehicles at any time during the Term. All advertising
must be approved by the CITY in writing prior to the placement of any advertising on the
Tesla X Vehicles. Any advertising revenue generated from the sale of advertising on the
Vehicles during the Term shall be retained 100%by FREEBEE.
IN WITNESS WHEREOF,the Parties have caused this Amendment to be executed by their
duly authorized representatives, effective as of the date first written above.
Cit f Aventura: Contractor:
Ronald J. as on Si ature
City Mana r
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Attest: � �r�q � @�� Jason Spiegel
Printed Name
Ellisa L. Horvath, NaC CEO
City Clerk Title
Approved as to Legal Sufficiency:
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Robert Meyers
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney
Addresses for Notice: Addresses for Notice:
City of Aventura Beefree, LLC d/b/a Freebee
Attn: City Manager Managing Partner
19200 W. Country Club Drive Attn: Jason Spiegel
Aventura, FL 33180 2312 N Miami Avenue
305-466-8910 (telephone) Miami, FL 33127
WassonR@cityofaventura.com (email) jason@ridefreebee.com
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
City of Aventura Attorney
200 E Broward Blvd #1900, Fort Lauderdale, FL 33301
rmeyers@wsh-law.com (email)
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