Resolution No. 2023-48 Freebee LLC Third Amendment to Agreement - October 3, 2023 CITY OF AVENTURA RESOLUTION NO. 2023-48
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE THIRD AMENDMENT TO
THE AGREEMENT WITH FREEBEE, LLC TO EXPAND THE SERVICE
HOURS OF THE TESLA MODEL X VEHICLES; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
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, LLC ("Freebee") to satisfy
the demand for this service; and
WHEREAS, at the November 1 , 2022 City Commission meeting, the Commission
authorized the City Manager to purchase two additional vehicles from Freebee; and
WHEREAS, given the response from Aventura residents and visitors, the City
Manager is recommending increasing the number of hours that Tesla Model X vehicles
will be in-service; 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 this third
amendment with Freebee to expand the number of hours that the Model X vehicles will
be operating in the City.
NOW, THEREFORE, BE IT RESOLVED BY 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. Third Amendment to Agreement Approved. That the City
Commission hereby approves the City Manager's Third Amendment to the Agreement
attached hereto as Exhibit "A" to increase the hours Model X cars will be in service from
seventy (70) hours per week to eighty-four (84) hours per week.
Section 3. City Manager Authorized. That the City Manager is hereby authorized
to take all necessary steps to implement this Resolution.
Section 4. Effective Date. That this Resolution shall become effective upon its
passage.
City of Aventura Resolution No. 2023-48
The foregoing Resolution was offered by Commissioner Friedland, who moved its
adoption. The motion was seconded by Vice Mayor Bloom, and upon being put to a vote,
the vote was as follows:
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Absent
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Amit Bloom Yes
Mayor Howard S. Weinberg Yes
PASSED AND ADOPTED this V day of October 2023.
•
HOWARD S. WEINBERG, E
MAYOR
ATTEST:
ELLISA L. HORVA H, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
THIRD AMENDMENT TO AGREEMENT
CITY OF AVENTURA
AND
BEEFREE, LLC DB/A FREEBEE
THIS THIRD AMENDMENT TO AGREEMENT(this"Third Amendment")is entered
into this day of , 2023, 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. 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, Two Hundred and Eighty-Three Thousand, Seven Hundred and
Thirty-Seven Dollars and 84 cents ($1,283,737.84), which includes a guaranteed
advertising subsidy of$200,000, as stipulated under Section 5(d) and 5(e) of the Second
Amendment to the agreement.
(b) The breakdown for the Services charge is as follows:
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 84 hours
of labor per Testa Model X Vehicles (weather and conditions permitting)
v. Cost: $1,283,737.84 Annually
2. 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 $106,978.15 per month, payable on or
before the 15th of each month, beginning upon delivery and deployment of the vehicles as
set forth above in Section 1.
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.
City of Aventura: Contractor:
Ronald J. Wasson Sig ature
City Manager
Attest: Jason Spiegel
Printed Name
Ellisa L. Horvath, MMC Managing Partner
City Clerk Title
Approved as to Legal Sufficiency:
Weiss Serota Helfinan 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 Helfinan Cole&Bierman, P.L.
City of Aventura Attorney
200 E Broward Blvd 41900, Fort Lauderdale, FL 33301
rmeyers@wsh-law.com (email)