Resolution 2021-31721 RESOLUTION NO. 2021-31721
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 8 TO THE PROFESSIONAL
SERVICES AGREEMENT, DATED MAY 29, 2019, BETWEEN THE CITY AND
BEEFREE, LLC (D/B/A FREEBEE) FOR ON-DEMAND TRANSIT SERVICES;
SAID AMENDMENT APPROVING ADDITIONAL SERVICES: (1) DURING
MEMORIAL DAY WEEKEND, 2021, IN THE APPROXIMATE AMOUNT OF
$4,000; AND (2) ALONG THE COLLINS AVENUE CORRIDOR, FROM 23
STREET TO 44 STREET, AS A TEMPORARY TRAFFIC MITIGATION
STRATEGY DURING THE CONSTRUCTION OF THE INDIAN CREEK DRIVE
FLOOD MITIGATION PROJECT, THROUGH SEPTEMBER 30, 2021, IN THE
APPROXIMATE AMOUNT OF $61,000; AND FURTHER AUTHORIZING THE
CITY MANAGER TO APPROVE ADDITIONAL SERVICES, SUBJECT TO
FUNDING AVAILABILITY, AND PROVIDED THAT THE COST DOES NOT
EXCEED $100,000.
WHEREAS, on May 29, 2019, the City and Beefree, LLC d/b/a Freebee ("Freebee")
executed a Professional Services Agreement ("Agreement") for the City of Miami Beach On-
Demand Transit Service Pilot Program in Middle Beach; and
WHEREAS, on September 11, 2019, the Mayor and City Commission adopted Resolution
No. 2019-30997, authorizing the City Manager to negotiate Amendment No. 1 to the Agreement,
extending the pilot program through October 31, 2019, adding two more vehicles in service, and
permitting advertisement on the vehicles to offset some of the operating costs to the City; and
WHEREAS, on October 16, 2019, the Mayor and City Commission adopted Resolution
No. 2019-31057, unanimously approving the extension of the pilot program for two additional
months, through December 31, 2019; and
WHEREAS, Amendment No. 1 to the Agreement was executed on November 8, 2019,
incorporating the foregoing modifications to the scope of the Agreement and extending the pilot
program to December 31, 2019; and
WHEREAS, on December 11, 2019, the Mayor and City Commission adopted Resolution
No. 2019-31110, waiving, by 5/7th vote, the formal competitive bidding requirement in Section 2-
367(e) and approving an extension of the term of the Agreement for an additional three (3) years,
commencing on January 1, 2020 and expiring on December 31, 2022; and
WHEREAS, Amendment No. 2 to the Agreement was executed on February 24, 2020;
and
WHEREAS, as a result of the COVID-19 pandemic and various State, County and City
emergency orders, on March 23, 2020, via Letter Agreement, the City partially suspended the on-
demand transportation services (Services) under the Agreement by modifying the scope of
Services to provide Services for the elderly ("Amendment No. 3"); and
WHEREAS, based upon the emergency orders in effect at the time, on April 1, 2020, via
Letter Agreement, the City suspended all Services under the Agreement ("Amendment No. 4");
and
WHEREAS, on November 16, 2020, via Letter Agreement, the City modified the
Agreement, to repurpose the Middle Beach On-Demand Transit Service to provide essential
mobility services for elderly residents living in affordable housing facilities throughout the City,
taking them to the closest Publix supermarket or pharmacy, 7 days a week, from 7:00 AM to 5:30
PM, through December 30, 2020 ("Amendment No. 5"); and
WHEREAS, on December 30, 2020, via Letter Agreement, the City extended the period
of Services for a limited period of time, through January 20, 2021 ("Amendment No. 6"); and
WHEREAS, on January 19, 2021, the City, via Letter Agreement, extended the Services
under the Agreement through September 30, 2021 (Amendment No. 7); and
WHEREAS, the Administration wishes to provide a free shuttle service operated by
Freebee to transport the public from/to the 5 Street and Alton Road parking garage and from/to
10 Street between Collins Avenue and Ocean Drive to mitigate traffic congestion and on-street
parking demand during the Memorial Day Weekend 2021 event, in the approximate amount of
$4,000; and
WHEREAS, the Administration also wishes to provide a free On-Demand Transit Service
operated by Freebee as a temporary traffic mitigation strategy, to improve mobility along Collins
Avenue, from 23 Street to 44 Street, during construction of the Indian Creek Drive Flood Mitigation
project, through September 30, 2021, in the approximate amount of$61,000; and
WHEREAS, the Administration recommends authorizing the City Manager to add
additional Services to the Agreement, as needed, including, without limitation, to address City
events which impact mobility or any other unmet transportation needs of the City, provided that
the Transportation and Mobility Department has funds available and the cost for the additional
Services does not exceed $100,000; and
WHEREAS, based upon the foregoing, the City Manager recommends approving
Amendment No. 8 to the Agreement, in the form incorporated herein by reference and attached
hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the City Manager to execute Amendment No. 8 to
the Professional Services Agreement, dated May 29, 2019, between the City and Beefree, LLC
(d/b/a Freebee)for On-Demand Transit Services; said amendment approving additional Services:
(1)during Memorial Day Weekend, 2021, in the approximate amount of$4,000; and (2)along the
Collins Avenue corridor, from 23 Street to 44 Street, as a temporary traffic mitigation strategy
during the construction of the Indian Creek Drive Flood Mitigation project, through September 30,
2021, in the approximate amount of$61,000; and further authorize the City Manager to approve
additional Services, subject to funding availability and provided that the cost does not exceed
$100,000.
PASSED and ADOPTED this 26th day of May 2021.
ATTEST:
Dan Gelber, Mayor
\----/-2d /61-0
fis
41
i
Rafael E. Granado, City I lc ,
)0AT*N, s
INLORP ORATED
H
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
C -"IS— --Z4
------- 7
City Attorney 4 , Date
1
AMENDMENT NO. 8 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
BEEFREE, LLC D/B/A FREEBEE
FOR
THE CITY OF MIAMI BEACH ON-DEMAND TRANSIT SERVICE
REQUEST FOR QUOTE
This Amendment No. 8 ("Amendment") to the Professional Services Agreement, dated May 29,
2019 ("Agreement"), by and between the City of Miami Beach, Florida, a municipal 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 Beefree, LLC, a
Florida limited liability company, d/b/a Freebee, having its principal place of business at 2312 N.
Miami Avenue, Miami, Florida 33127 ("Contractor"), is entered into this day of
, 2021:
WHEREAS, on May 29, 2019, the City and Contractor executed a Professional Services
Agreement ("Agreement")for the City of Miami Beach On-Demand Transit Service Pilot Program
in Middle Beach; and
WHEREAS, on September 11, 2019, the Mayor and City Commission adopted Resolution
No. 2019-30997, authorizing the City Manager to negotiate Amendment No. 1 to the Agreement,
extending the pilot program through October 31, 2019, adding two more vehicles in service, and
permitting advertisement on the vehicles to offset some of the operating costs to the City; and
WHEREAS, on October 16, 2019, the Mayor and City Commission adopted Resolution
No. 2019-31057, unanimously approving the extension of the pilot program for two additional
months, through December 31, 2019; and
WHEREAS, Amendment No. 1 to the Agreement was executed on November 8, 2019,
incorporating the foregoing modifications to the scope of the Agreement and extending the pilot
program to December 31, 2019; and
WHEREAS, on December 11, 2019, the Mayor and City Commission adopted Resolution
No. 2019-31110, waiving, by 5/7th vote, the formal competitive bidding requirement in Section 2-
367(e)and approving an extension of the term of the Agreement for an additional three (3)years,
commencing on January 1, 2020 and expiring on December 31, 2022; and
WHEREAS, Amendment No. 2 to the Agreement was executed on February 24, 2020;
and
WHEREAS, as a result of the COVID-19 pandemic and various State, County and City
emergency orders, on March 23, 2020, via Letter Agreement, the City partially suspended the
On-Demand Transportation Services (Services) under the Agreement by modifying the scope of
Services to provide Services for the elderly ("Amendment No. 3"); and
EXHIBIT "A"
1
WHEREAS, based upon the emergency orders in effect at the time, on April 1, 2020, via
Letter Agreement, the City suspended all Services under the Agreement ("Amendment No. 4");
and
WHEREAS, on November 16, 2020, via Letter Agreement, the City modified the
Agreement, to repurpose the Middle Beach On-Demand Transit Service to provide essential
mobility services for elderly residents living in affordable housing facilities throughout the City, to
the closest Publix supermarket or pharmacy, 7 days a week, from 7:00 AM to 5:30 PM, through
December 30, 2020 ("Amendment No. 5"); and
WHEREAS, on December 30, 2020, via Letter Agreement, the City extended the period
of Services for a limited period of time, through January 20, 2021 ("Amendment No. 6"); and
WHEREAS, on January 19, 2021, the City, via Letter Agreement, extended the Services
under the Agreement through September 30, 2021 ("Amendment No. 7") (the Agreement, as
modified by Amendments No. 1 through 7 of the Agreement shall be collectively referred to herein
as the "Agreement"); and
WHEREAS, on May 26, 2021, the Mayor and City Commission adopted Resolution No.
, approving and authorizing the City Manager to execute Amendment No.
8 to the Agreement; said amendment approving additional services: (1) during Memorial Day
Weekend, 2021, in the approximate amount of$4,000; and (2)along the Collins Avenue corridor,
from 23 Street to 44 Street, as a temporary traffic mitigation strategy during the construction of
the Indian Creek Drive Flood Mitigation project, through September 30, 2021, in the approximate
amount of $61,000; and further authorizing the City Manager to approve additional Services,
subject to funding availability and provided that the cost does not exceed $100,000.
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 Contractor 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.
The Agreement is hereby modified (deleted items struck through and inserted items
underlined) as follows:
(a) A new Section 2.3 (Additional Services) is hereby added to the Agreement, as follows:
2.3 ADDITIONAL SERVICES
The City Manager may request additional Services (collectively, "additional
Services") including, without limitation, On-Demand Transit Services, shuttle
services, or other types of transportation services. Any proposals for additional
Services must be approved by the City Manager, in writing, prior to being
implemented, and memorialized by an amendment to the Agreement, executed
by the City Manager and Contractor. Any payment adjustment in connection with
a request for additional Services shall be calculated based upon the per service
rate set forth in Section 4.1 of the Agreement, unless otherwise indicated in the
scope for the additional Services. If the total cost of the scope of the additional
2
Services exceeds $100,000, the request must be approved by the City
Commission.
(b) Additional Services are hereby added to the Agreement, pursuant to the Scope of
Services set forth in Exhibit "B-5," incorporated herein by reference and attached
hereto, in order to provide Services for the Memorial Day Weekend, 2021.
(c) Additional Services are hereby added to the Agreement, pursuant to the Scope of
Services set forth in Exhibit "B-6," incorporated herein by reference and attached
hereto, in order to provide Services along the Collins Avenue corridor, from 23 Street
to 44 Street, as a temporary traffic mitigation strategy during the construction of the
Indian Creek Drive Flood Mitigation Project, initially through September 30, 2021,
subject to possible extension of the term and/or expansion of Scope of Services by
the City Manager. Any such modification shall be memorialized by an amendment to
the Agreement, executed by the parties.
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.
3
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 8 to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
City Clerk City Manager
Date:
FOR CONTRACTOR: BEEFREE, LLC D/B/A FREEBEE
ATTEST:
By:
Print Name and Title Print Name and Title
Date:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
4 _= 2,.3= )
City Attorney Date
Exhibit"B-5"
SCOPE OF ADDITIONAL SERVICES (SERVICES)
FOR
MEMORIAL DAY WEEKEND 2021 PARKING SHUTTLE FREEBEE SERVICE
I. Introduction and Background
During the 2021 Memorial Day Weekend, the City will provide a special free Freebee shuttle
service to transport the public from/to 5 Street and Alton Road parking garage and from/to 10
Street between Collins Avenue and Ocean Drive. The service is intended to mitigate traffic
congestion and on-street parking demand during the Memorial Day Weekend event.
II. Service Operation
The Contractor shall provide a Shuttle Transit service exclusively from/to 5 Street and Alton Road
parking garage and from/to 10 Street between Collins Avenue and Ocean Drive.
Customers shall be able to request service in real-time at the designated pickup/drop off location (5
Street and Alton Road garage or 10 Street between Collins Avenue and Ocean Drive)
III. Service Days and Hours
Service hours shall be as follows:
• The shuttle service will operate on Saturday, May 29 and Sunday, May 30 from 9 a.m. to
8 p.m.
• Service hours consist of a maximum of 10.25 billable hours and up to two (2) 45-minute
breaks per vehicle per day, if needed, for purposes of vehicle charging and driver's breaks
To the extent feasible, drivers' breaks and vehicle charging shall take place during time of lowest
passenger demand, which will be determined after service start. Additionally, 3 vehicles shall
always be in service (only 1 vehicle out of service due to charging or for driver's break, and only
when needed).
The hourly operating rate for this service shall be $ 40.00.
The Contractor must provide turnkey vehicle operation, maintenance, dispatch, marketing and
reporting. This includes vehicle procurement, if applicable, and back office IT, service planning,
project management and administrative support.
Contractor shall assign a project manager to coordinate with the Miami Beach Project Manager
and act as the point person for the Contractor in all communications with City of Miami Beach
who shall coordinate and participate in monthly meetings with City of Miami Beach's Project
Manager. The Contractor shall report to City of Miami Beach's Project Manager and shall work
closely with City of Miami Beach to ensure successful implementation and service improvements
throughout the Term of the Agreement.
IV. Vehicle Specifications, Vehicle Charging and Parking Requirements
Minimum vehicle specifications, as well as charging and parking requirements are listed below:
• Vehicle Type: Electric vehicle with full doors, windows and seatbelts, one (1) vehicle of
which will be wheelchair accessible
1
Exhibit"B-5"
• Vehicle Year: 2016 or newer
• Seating Capacity: minimum of 4 plus driver (without the wheelchair passenger).
• Vehicle Charging: Chargers to be provided, installed, operated and maintained by the
Contractor during the entire program, including covering the cost of electricity, will remain
property of Contractor at the end of term
• Overnight Vehicle Parking: While the cost of parking will be borne by the Contractor, the
City will, if requested by the Contractor, assist in securing the space at one of the City
garages at the cost of approximately $100/month/vehicle
• Vehicle must be motorized and street legal
V. Personnel Requirements
The primary objectives of the service are to provide a safe, clean, reliable, and efficient public
transportation service resulting in a pleasant experience for each and every passenger. Project
personnel shall maintain a professional, courteous attitude, answering to the best of their ability
any passenger questions regarding the provision of service. Discourtesy, rudeness, or the use of
profanity will not be tolerated and shall be grounds for immediate removal of the offending
employee from performing work on this project.
VI. Personnel Background Checks
Contractor shall comply with the requirements of Section 435.04, Florida Statutes ("Section
435.04") and ensure that only those employees who have successfully passed the background
screening required by Section 435.04, and who meet the standards established by Section
435.04, be allowed to perform Services under this Agreement(referred to herein as "Personnel").
The Personnel shall undergo the aforestated background screening and a drug screening, as well
as a credit history check for those positions that require the handling of money (collectively
referred to herein as "Background Check Process") prior to providing Services pursuant to this
Agreement. The Background Check Process will be conducted by Contractor, at Contractor's sole
cost. Contractor will also bear the cost of any fees imposed by the Florida Department of Law
Enforcement to maintain the records related to the background screening provided with the
respect to Contractor and its Personnel. Contractor will provide the City Manager's designee with
the results of background checks of each Personnel. Employment shall be contingent upon
satisfactory results, as determined by the City, in writing. The Personnel shall not be permitted
to perform Services under this Agreement until such time as the Background Check
Process has been completed and the Personnel cleared by the City to perform duties under
this Agreement. If any Personnel is away from the job for a period of 45 or more days, a new
Background Check Process shall be performed.
The City and Contractor agree and acknowledge that the failure of Contractor to perform any of
the duties described in this Subsection shall constitute a material breach of this Agreement, for
which the City reserves the right to terminate immediately and without further liability to the City.
Contractor agrees to indemnify and hold harmless the City, its officers and employees of any
liability in the form of physical or mental injury, death or property damage resulting in Contractor's
failure to comply with the requirements of this Subsection or Section 435.04.
Contractor agrees to require all of its Personnel to notify the Contractor and the City of any
arrest(s) or conviction(s) of any offense within 24 hours of its occurrence. Contractor further
agrees to immediately notify the City upon becoming aware that one of its Personnel, who was
2
Exhibit"B-5"
previously certified as completing the Background Check Process, is subsequently arrested or
convicted of any disqualifying offense. Failure by Contractor to notify the City of such arrest
or conviction within 24 hours of being put on notice shall constitute a material breach of
this Agreement entitling the City to terminate this Agreement immediately, without further
liability to the City.
VII.Fare and Passenger Age
No fare will be charged to passengers for this service and no tip jar shall be displayed and drivers
shall not solicit tip acceptance, unless desired by the passenger for exceptional service. Fare
information will be included in existing and new marketing collaterals produced by the Contractor
and the City of Miami Beach. Minors underage of 12 shall be accompanied by parent or guardian.
VIII. Vehicle Branding and Music
City shall pay cost of production and installation for changes to the City's design. Additionally, no
music shall be played on vehicles providing service.
IX. Service Interruptions
All service interruptions shall be reported to the City immediately as they occur. Vehicle repair
shall be expedited so that service interruptions are minimized. Contractor will use best effort to
commence service as soon as possible and no later than twenty-four (24) hours from the time
service interruption occurred. Summary of all interruptions occurred during the invoicing period
shall be provided with the invoice to the City and the Contractor shall not be compensated for any
time elapsed without service. During the time vehicle is out of service, customer-friendly message
shall be displayed on mobile application advising as to the reason why service is not available as
well as when service will become available. Spare vehicle shall have the same exterior
branding/design as pilot-program vehicle or pre-approved Freebee branding advertising.
X. Service Marketing
The Contractor in coordination with the City shall develop a strategy and schedule for public
outreach and marketing for the program. The strategy should address both service launch phase
and how to ensure continue to promote the service throughout the Term of the program, to help
ensure its success. The strategy shall be coordinated with and approved by the City of Miami
Beach Communications Department.
XI. Vehicle Cleaning, Safety Guidelines and Precautions in Response to COVID-19
(Corona Virus)
The Contractor shall be responsible for providing its agents, staff, employees, and independent
contractors who perform Services on behalf of Contractor under this Agreement with all personal
protective equipment such as gloves, masks, face shields, hand sanitizers, etc., and ensure use
of such equipment by its agents, staff, employees, and independent contractors who perform
Services under this Agreement.
The Contractor staff shall sanitize high touch areas, such as door handles, handholds, seats, after
completion of each trip during service hours using materials that meet the Environmental
Protection Agency (EPA) guidelines for COVID-19, at its own cost.
3
Exhibit"B-5"
The City may elect to provide hand sanitizing solution and dispensers to be installed in vehicles
for passengers to use on board of the vehicles during service hours. Such dispensers and solution
will be provided by the City to the Contractor. The Contractor is required to refill as needed hand
sanitizer dispensers on board of vehicles, ensuring hand sanitizing solution is always available
on board of the vehicle for passengers to use (as long as supplies are provided by the City and
available).
The Contractor is required to conduct deep cleaning/sanitizing of each vehicle when the vehicle
returns to the garage before next departure.
The City reserves the right to conduct monitoring of the service with goal of ensuring Contractor
and its staff perform vehicle disinfection in accordance to the frequency and guidance provided
by the City, provide hand sanitizing solution for use by passengers and operators are using
personal protective equipment as directed.
To ensure the safety of our operators and passengers aboard the vehicles, the following
precautions shall be followed, as warranted:
• Contractor is required to conduct daily health screening check point, including taking
employee temperature, and maintaining log of all employees entering the workplace
• Contractor shall encourage sick employees to stay home
• Contractor shall provide employees with where to find accurate information about COVID-
19, its symptoms, and how it spreads
• Contractor shall provide to, and require from, each operator to wear face masks.
• Contractor shall educate operators to avoid close contact with customers by:
o Kindly asking customers to handle their own personal bags and belongings during
pick-up and drop-off, unless passengers are unable to do so without assistance
• Passengers are required to wear a facial mask or a facial covering at all times, as
directed by the City
4
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Exhibit"B-6"
SCOPE OF ADDITIONAL SERVICES (SERVICES)
FOR
COLLINS AVENUE TRAFFIC MITIGATION ON-DEMAND FREEBEE SERVICE
I. Introduction and Background
Due to the current closure of Indian Creek Drive from 41 Street to 26 Street for construction,
Collins Avenue was temporarily converted from three lanes/one-way northbound traffic to two
lanes/two-way traffic (one lane in each direction)to accommodate the bi-directional Maintenance
of Traffic (MOT) plan on Collins Avenue extending within the project limits. This MOT facilitates
continuous construction along Indian Creek Drive; however, it creates severe congestion and
mobility challenges along Collins Avenue within the project limits.
To improve mobility along Collins Avenue during construction of the Indian Creek Drive Flood
Mitigation project, the City is pursuing implementation of an on-demand transit service operated
by Freebee as a temporary traffic mitigation strategy. The on-demand service will be provided to
the public for trips beginning and ending within a geo-fenced service area bounded by Indian
Creek Drive on the west, Collins Avenue on the east, 23 Street on the south, and 44 Street on
the north, as more particularly described in the map, incorporated herein by reference and
attached hereto. Service could be requested via the Freebee mobile application, by calling a pre-
determined phone number, or by "flagging" a Freebee vehicle travelling within the service area.
The Contractor must provide turnkey vehicle operation, maintenance, dispatch, marketing and
reporting. This includes vehicle procurement, if applicable, and back office IT, service planning,
project management and administrative support.
II. Service Operation
The Contractor shall provide On-Demand Transit service exclusively within geofenced service
area, focusing on short trip types and first/last mile service. Requests for destinations outside of
geofenced area shall be documents and shared with the City for service planning purposes.
Customers shall be able to request service in real-time through a software/technology platform, by
calling telephone number or by hailing.The service shall operate as a continuous vanpool,dynamically
adjusting vehicle routing using technology platform to appropriately meet ridership demand and service
needs within the service area, minimizing wait times and trip length times.
III. Service Days and Hours
Service hours shall be as follows:
• from 8AM to midnight, 7 days a week with one (1)ADA-accessible vehicle in service until
September 30, 2021
• Service hours consists of 14.5 billable hours and two (2) 45-minute breaks per day for
purposes of vehicle charging and driver's breaks
To the extent feasible, drivers' breaks and vehicle charging shall take place during time of lowest
passenger demand, which will be determined after service start. During the time a vehicle is out
of service, a customer-friendly message shall be displayed on mobile application advising as to
the reason why service is not available as well as when service will become available.
1
Exhibit"B-6"
The hourly operating rate for this service shall be $ 26.25.
The City reserves the right to modify the service level/hours of operation above or below what is
specified in this document. If the proposed increase or decrease is greater than 20% in number
of operating hours, then the hourly operating rate shall be negotiated with the Contractor.
IV. Vehicle Specifications, Vehicle Charging and Parking Requirements
Minimum vehicle specifications, as well as charging and parking requirements are listed below:
• Vehicle Type: Electric vehicle with full doors, windows and seatbelts, one (1) vehicle of
which will be wheelchair accessible
• Vehicle Year: 2016 or newer
• Seating Capacity: minimum of 4 passengers plus driver (without the wheelchair
passenger)
• Vehicle Charging: Chargers to be provided, installed, operated and maintained by the
Contractor during the entire program, including covering the cost of electricity, will remain
property of Contractor at the end of term
• Overnight Vehicle Parking: While the cost of parking will be borne by the Contractor, the
City will, if requested by the Contractor, assist in securing the space at one of the City
garages at the cost of approximately $100/month/vehicle
• Vehicle must be motorized and street legal
V. Technology Platform, Tracking and Reporting of Program Metrics
The Contractor shall use a technology platform that supports demand responsive operations.
Features may include, but are not limited to:
• Routing and dispatch of vehicles in the form of a mobile application
• Remote real-time tracking of service for both users and dispatch
• Customer-friendly mobile application available for download in the Apple and Android
stores
• Dashboard for analysis of service operations available to City of Miami Beach staff
• Application Programming Interface (API) enabled to connect with Miami Beach e-
Gov/trolley tracker app, Miami-Dade Transit app, and Google maps
The Contractor shall provide a real-time on-line data portal where all relevant data sources are
housed, and the City of Miami Beach Project Manager and staff can track pre-determined metrics.
The Contractor shall be responsible for tracking and reporting data including but not limited to
hourly, daily, weekly, monthly ridership, vehicle occupancy, trip origins and destinations, heat
maps, minimum, maximum and average wait times, minimum, maximum and average trip length,
passenger demographics, ride request method utilized, number of canceled trips(by operator and
by the customers), number of missed trips (if vehicle didn't serve customer and customer never
cancelled request), vehicle utilization and similar. For cancelled trips, information as to duration
of time between when ride was requested and cancelled shall be reported. Additionally, the
Contractor shall report drivers' ratings and feedback received from the passengers.
Contractor shall assign a project manager to coordinate with the Miami Beach Project Manager
and act as the point person for the Contractor in all communications with City of Miami Beach
who shall coordinate and participate in monthly meetings with City of Miami Beach's Project
Manager. The Contractor shall report to City of Miami Beach's Project Manager and shall work
2
Exhibit"B-6"
closely with City of Miami Beach to ensure successful implementation and service improvements
throughout the Term of the Agreement.
VI. Personnel Requirements
The primary objectives of the service are to provide a safe, clean, reliable, and efficient public
transportation service resulting in a pleasant experience for each and every passenger. Project
personnel shall maintain a professional, courteous attitude, answering to the best of their ability
any passenger questions regarding the provision of service. Discourtesy, rudeness, or the use of
profanity will not be tolerated and shall be grounds for immediate removal of the offending
employee from performing work on this project.
VII. Personnel Background Checks
Contractor shall comply with the requirements of Section 435.04, Florida Statutes ("Section
435.04") and ensure that only those employees who have successfully passed the background
screening required by Section 435.04, and who meet the standards established by Section
435.04, be allowed to perform Services under this Agreement(referred to herein as "Personnel").
The Personnel shall undergo the aforestated background screening and a drug screening, as well
as a credit history check for those positions that require the handling of money (collectively
referred to herein as "Background Check Process") prior to providing Services pursuant to this
Agreement. The Background Check Process will be conducted by Contractor, at Contractor's sole
cost. Contractor will also bear the cost of any fees imposed by the Florida Department of Law
Enforcement to maintain the records related to the background screening provided with the
respect to Contractor and its Personnel. Contractor will provide the City Manager's designee with
the results of background checks of each Personnel. Employment shall be contingent upon
satisfactory results, as determined by the City, in writing. The Personnel shall not be permitted
to perform Services under this Agreement until such time as the Background Check
Process has been completed and the Personnel cleared by the City to perform duties under
this Agreement. If any Personnel is away from the job for a period of 45 or more days, a new
Background Check Process shall be performed.
The City and Contractor agree and acknowledge that the failure of Contractor to perform any of
the duties described in this Subsection shall constitute a material breach of this Agreement, for
which the City reserves the right to terminate immediately and without further liability to the City.
Contractor agrees to indemnify and hold harmless the City, its officers and employees of any
liability in the form of physical or mental injury, death or property damage resulting in Contractor's
failure to comply with the requirements of this Subsection or Section 435.04.
Contractor agrees to require all of its Personnel to notify the Contractor and the City of any
arrest(s) or conviction(s) of any offense within 24 hours of its occurrence. Contractor further
agrees to immediately notify the City upon becoming aware that one of its Personnel, who was
previously certified as completing the Background Check Process, is subsequently arrested or
convicted of any disqualifying offense. Failure by Contractor to notify the City of such arrest
or conviction within 24 hours of being put on notice shall constitute a material breach of
this Agreement entitling the City to terminate this Agreement immediately, without further
liability to the City.
3
Exhibit"B-6"
VIII. Fare and Passenger Age
No fare will be charged to passengers for this service and no tip jar shall be displayed and drivers
shall not solicit tip acceptance, unless desired by the passenger for exceptional service. Fare
information will be included in existing and new marketing collaterals produced by the Contractor
and the City of Miami Beach. Minors underage of 12 shall be accompanied by parent or guardian.
IX. Vehicle Branding, Music and Advertisement
A. Branding and Music
Vehicle exterior branding/design will be provided to the Contractor by the City. Cost of installation
of exterior branding/wrap and any necessary maintenance required shall be borne by the
Contractor and limited to first design. City shall pay cost of production and installation for changes
to the City's design. Additionally, no music shall be played on vehicles providing ODT service.
B. Advertisement on Vehicles
While the City understands the need to maximize advertising revenue, the City is also interested
in maintaining a pleasant and aesthetic image and ensuring the quality-of-life of its residents.
The Contractor shall have the right to solicit and sell advertising to be installed on vehicles and
have the right to enter into separate agreements with advertisers for the placement of advertising
on the vehicles and negotiate the advertising rates. The Contractor, at its sole cost and expense,
shall be responsible for the design, development, production, redesign, removal, and installation
of such advertising.
The Contractor shall adhere to generally accepted principles of advertising in relation to good
taste and truth in advertising. No advertising which is considered objectionable and offensive in
its content or method of presentation shall be displayed.
Prior to its installation, the Contractor is required to submit the advertisement content to the City's
Project Manager, for City's review and approval. The City, at its discretion, may request removal
of any advertisement if it deems the advertisement is offensive, objectionable, or inappropriate.
The Contractor is required to remove any and all non-compliant advertisement content, as
detailed below, within 24 hours after receipt of official notice from the City Manager or City's
Project Manager. Additionally, any outdated advertisement shall be removed from the vehicles at
no cost to the City.
The Contractor shall comply with the following:
1. All advertisements accepted for placement by the City, or by a contractor authorized by
the City to accept advertising on behalf of the City, must comply with Federal, State,
Miami-Dade County, and existing City of Miami Beach laws, laws, ordinances, rules and
regulations.
2. The following categories of advertisement shall not be permitted:
a. unlawful or illegal goods, services or activities;
b. e-cigarettes, tobacco or tobacco-related products;
c. firearms;
d. sexual services, programs or products;
4
Exhibit"B-6"
e. political candidates or political issues;
f. competitive products for any City of Miami Beach citywide exclusive sponsorship
agreement, which currently includes Coca cola products, pursuant to an
agreement between the City and Coca Cola; and
g. alcoholic beverages, as defined by Section 561.01, Florida Statutes.
3. No advertisement shall contain the words "STOP", "LOOK", "DRIVE IN", "DANGER" or
any other word, symbol, or displays designed to distract vehicular traffic.
4. No advertising shall contain material that is immoral, lascivious, or obscene as defined in
Section 847.001, Florida Statutes.
5. No advertising shall be for businesses engaged in any activity that requires the exploitation
of minors pursuant to Chapter 847, Florida Statutes.
6. No advertising shall contain libelous material or material detrimental to the operation or
goals of the City.
Any advertising revenue generated from the sale of advertising on the vehicles during the Term
shall be divided equally between the City and the Contractor, with each entitled to 50% of
advertising revenue that is generated and received by the Contractor. The City shall be permitted
to apply its share of such revenue, if any, towards subsidizing the operating cost of ODT
service. At any time, the City may request copies of advertising agreements entered into for the
placement of advertising on the vehicles and the Contractor shall furnish said copies within fifteen
(15) business days of receipt of such a request. Nothing in this section should be deemed
to constitute a guarantee that the Contractor will sell advertising space or generate
any revenue by selling advertising on the vehicles during the Term, and the City expressly
acknowledges that no such guarantee has been made by the Contractor. Revenue if any shall be
paid to the City on a monthly basis.
X. Service Interruptions
All service interruptions shall be reported to the City immediately as they occur. Vehicle repair
shall be expedited so that service interruptions are minimized. Contractor will use best effort to
commence service as soon as possible and no later than twenty-four (24) hours from the time
service interruption occurred. Summary of all interruptions occurred during the invoicing period
shall be provided with the invoice to the City and the Contractor shall not be compensated for any
time elapsed without service. During the time vehicle is out of service, customer-friendly message
shall be displayed on mobile application advising as to the reason why service is not available as
well as when service will become available. Spare vehicle shall have the same exterior
branding/design as pilot-program vehicle or pre-approved Freebee branding advertising.
Xl. Service Marketing
The Contractor in coordination with the City shall develop a strategy and schedule for public
outreach and marketing for the program. The strategy should address both service launch phase
and how to ensure continue to promote the service throughout the Term of the program, to help
ensure its success. The strategy shall be coordinated with and approved by the City of Miami
Beach Communications Department.
5
Exhibit"B-6"
XII. Vehicle Cleaning, Safety Guidelines and Precautions in Response to COVID-19
(Corona Virus)
The Contractor shall be responsible for providing its agents, staff, employees, and independent
contractors who perform Services on behalf of Contractor under this Agreement with all personal
protective equipment such as gloves, masks, face shields, hand sanitizers, etc., and ensure use
of such equipment by its agents, staff, employees, and independent contractors who perform
Services under this Agreement.
The Contractor staff shall sanitize high touch areas, such as door handles, handholds, seats, after
completion of each trip during service hours using materials that meet the Environmental
Protection Agency (EPA) guidelines for COVID-19, at its own cost.
The City may elect to provide hand sanitizing solution and dispensers to be installed in vehicles
for passengers to use on board of the vehicles during service hours. Such dispensers and solution
will be provided by the City to the Contractor. The Contractor is required to refill as needed hand
sanitizer dispensers on board of vehicles, ensuring hand sanitizing solution is always available
on board of the vehicle for passengers to use (as long as supplies are provided by the City and
available).
The Contractor is required to conduct deep cleaning/sanitizing of each vehicle when the vehicle
returns to the garage before next departure.
The City reserves the right to conduct monitoring of the service with goal of ensuring Contractor
and its staff perform vehicle disinfection in accordance to the frequency and guidance provided
by the City, provide hand sanitizing solution for use by passengers, and its operators are using
personal protective equipment as directed.
To ensure the safety of our operators and passengers aboard the vehicles, the following
precautions shall be followed, as warranted:
• Contractor is required to conduct daily health screening check point, including taking
employee temperature, and maintaining log of all employees entering the workplace
• Contractor shall encourage sick employees to stay home
• Contractor shall provide employees with where to find accurate information about COVID-
19, its symptoms, and how it spreads
• Contractor shall provide to, and require from, each operator to wear face masks. Clear
face shield for protection may be required in tandem with masks
• Contractor shall educate operators to avoid close contact with customers by:
o Kindly asking customers to handle their own personal bags and belongings during
pick-up and drop-off, unless passengers are unable to do so without assistance
• Passengers are required to wear a facial mask or a facial covering at all times, as
directed by the City
6
Collins Avenue Traffic Mitigation N
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Resolutions - C7 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Mem•; s of the Ci Commission
FROM: Alina T. Hudak, City Mana- - 1
DATE: May 26, 2021
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 8 TO THE PROFESSIONAL SERVICES AGREEMENT,
DATED MAY 29, 2019, BETWEEN THE CITY AND BEEFREE, LLC (D/B/A FREEBEE)
FOR ON-DEMAND TRANSIT SERVICE; SAID AMENDMENT APPROVING ADDITIONAL
SERVICES (1) DURING MEMORIAL DAY WEEKEND, 2021, IN THE APPROXIMATE
AMOUNT OF $4,000, AND (2) ALONG THE COLLINS AVENUE CORRIDOR, FROM 23
STREET TO 44 STREET, AS A TEMPORARY TRAFFIC MITIGATION STRATEGY
DURING THE CONSTRUCTION OF THE INDIAN CREEK DRIVE FLOOD MITIGATION
PROJECT, THROUGH SEPTEMBER 30, 2021, IN THE APPROXIMATE INITIAL AMOUNT
OF $61,000, SUBJECT TO EXTENSION AND/OR MODIFICATION BY THE CITY
MANAGER, AS NEEDED; AND FURTHER AUTHORIZING THE CITY MANAGER TO
APPROVE FUTURE ADDITIONAL SERVICES, SUBJECT TO FUNDING AVAILABILITY,
AND PROVIDED THAT THE COST DOES NOT EXCEED THE CITY MANAGER'S
AUTHORITY UNDER THE CITY CODE.
(ITEM TO BE SUBMITTED IN SUPPLEMENTAL)
RECOMMENDATION
The Administration recommends that the Mayor and City Commission approve the Resolution,
authorizing the City Manager to execute Amendment No. 8 to the Agreement with Freebee for on-demand
transit service to include the following additional services:
1. Parking shuttle service during Memorial Day Weekend 2021, in the approximate amount of
$4,000;
2. On-demand transit service along the Collins Avenue corridor from 23 Street to 44 Street, in the
initial approximate amount of $61,000, as a traffic mitigation strategy during the construction of
the Indian Creek Drive Flood Mitigation project through September 30, 2021; and
3. Additional services, at the City Manager's discretion, to address future City events which impact
mobility or any other unmet transportation needs of the City.
The Administration further recommends that the City Commission authorize the City Manager to extend
and/or modify the on-demand mobility service for the Collins Avenue corridor as needed and subject to
funding availability and the City Manager's purchasing authority under the City Code.
BACKGROUND/HISTORY
On May 29, 2019, the City and Freebee executed a Professional Services Agreement (Agreement) for
the City of Miami Beach On-Demand Transit Service Pilot Program in Middle Beach.
3
On September 11, 2019, the Mayor and City Commission adopted Resolution No. 2019-30997,
authorizing the City Manager to negotiate Amendment No. 1, extending the pilot program through
October 31, 2019 and adding two more vehicles in service, and permitting advertisement on the vehicles
to offset some of the operating costs to the City. On October 16, 2019, the Mayor and City Commission
adopted Resolution No. 2019-31057, unanimously approving the extension of the pilot program for two
additional months, through December 31, 2019.
Amendment No. 1 to the Agreement was executed on November 8, 2019, incorporating the foregoing
modification to the scope of the agreement and extending the pilot program to December 31, 2019.
On December 11, 2019, the Mayor and City Commission adopted Resolution No. 2019-31110, waiving
the formal competitive bidding requirement in Section 2-367(e) and approving an extension of the term
of the Agreement for an additional three (3) years, commencing on January 1, 2020 and expiring on
December 31, 2022. Amendment No. 2 to the Agreement was executed on February 24, 2020.
As a result of the COVID-19 pandemic and various State, County, and City emergency orders, on March
23, 2020, via a Letter Agreement, the City Manager suspended the Middle Beach On-Demand Transit
Services under the Agreement and modified the scope of services to provide essential mobility services
for elderly residents (Amendment No. 3).
Based upon the emergency orders in effect at the time, on April 1, 2020, via a Letter Agreement, the City
Manager suspended all services under the Agreement (Amendment No. 4).
On November 16, 2020, via Letter a Agreement, the City modified the Agreement to repurpose the Middle
Beach On-Demand Transit Service to provide essential mobility services for elderly residents living in
affordable housing facilities throughout the City from their home to the closest Publix supermarket or
pharmacy, at no cost to the passenger, 7 days a week from 7:00 AM to 5:30 PM, through December 30,
2020 (Amendment No. 5).
On December 30, 2020, via a Letter Agreement, the City Manager extended the period of services for a
limited period of time, through January 20, 2021 (Amendment No. 6).
On January 19, 2021, the City Manager, via a Letter Agreement, extended the Freebee services for
elderly residents through September 30, 2021 (Amendment No. 7). The service is currently being
provided to approximately 40 affordable housing facilities with over 2,150 residential living units citywide.
Miami Beach senior residents (65 and older) living outside of the targeted facilities are also eligible for
services provided that they are enrolled in any of the services for seniors provided by Unidad, Jewish
Community Services, or Little Havana. Additionally, at the City's discretion, the City could use this service
to transport elderly residents to hospital/Point of Dispensing Site for purposes of vaccination in response
to COVID-19 pandemic.
ANALYSIS
The Administration would like to include the following additional services under the Agreement to address
events which impact mobility or circumstances which, in the discretion of the City Manager, merit use of
the services; provided that the additional services do not exceed the limits of the City Manager's authority
and provided that the Administration has funding availability for such additional services.
4
MEMORIAL DAY WEEKEND 2021 PARKING SHUTTLE SERVICE
During the upcoming Memorial Day Weekend, the City will provide a free shuttle service operated by
Freebee to transport the public from/to the 5 Street and Alton Road parking garage and from/to 10 Street
between Collins Avenue and Ocean Drive. The service is intended to mitigate traffic congestion and on-
street parking demand during the Memorial Day Weekend event. The shuttle service will operate on
Saturday, May 29 and Sunday, May 30, 2021 from 9 AM to 8 PM.
COLLINS AVENUE TRAFFIC MITIGATION ON-DEMAND SERVICE
The City's Indian Creek Drive Flooding Mitigation project commenced in March 2020 and is expected to
be completed by fall of 2022. The project is currently in construction and consists of stormwater drainage
improvements on Indian Creek Drive and side streets between Collins Avenue and Indian Creek Drive
from 25 Street to 41 Street. The project will address flooding and deliver vital resiliency improvements
to the community by providing a comprehensive stormwater drainage system, including a water treatment
system and generator in case of a power outage, new sidewalks, lighting, and a continuous one-way
protected bicycle path on Indian Creek Drive.
Due to the current closure of Indian Creek Drive from 41 Street to 26 Street for construction, Collins
Avenue has been temporarily converted from three lanes/one-way northbound traffic to two lanes/two-
way traffic (one lane in each direction) to accommodate the bi-directional Maintenance of Traffic (MOT)
plan on Collins Avenue extending within the project limits. This MOT facilitates continuous construction
along Indian Creek Drive; however, it creates severe congestion and mobility challenges along Collins
Avenue within the project limits.
To improve mobility along Collins Avenue during construction of the Indian Creek Drive Flood Mitigation
project, the City is pursuing implementation of an on-demand transit service operated by Freebee, and
at no cost to the passenger, as a temporary traffic mitigation strategy. Based on discussions with Freebee
staff, the service could commence within four weeks of City Commission approval.
The on-demand service will be provided to the public for trips beginning and ending within a geo-fenced
service area bounded by Indian Creek Drive on the west, Collins Avenue on the east, 23 Street on the
south, and 44 Street on the north. Service could be requested via the Freebee mobile application, by
calling a pre-determined phone number, or by "flagging" a Freebee vehicle traveling within the service
area. Service will operate from 8AM to midnight, 7 days a week, with one (1) ADA-accessible vehicle in
service until September 30, 2021. Freebee will provide hand sanitizer for use by passengers and sanitize
high touch areas, such as door handles, handholds, and seats, after each trip during service hours.
If approved by the City Commission, the City Manager may extend and/or modify the on-demand mobility
service for the Collins Avenue corridor as needed and subject to funding availability and the City
Manager's purchasing authority.
ADDITIONAL SERVICES
Although we are nearing the end of the COVID-19 pandemic, the Administration would also like to amend
the Agreement to provide the City Manager with the ability to add additional services to the Agreement
to address future City events which impact mobility or any other unmet transportation needs of the City.
FINANCIAL INFORMATION
The cost of providing shuttle service during Memorial Day Weekend 2021 is approximately $4,000. The
cost of providing the Collins Avenue traffic mitigation on-demand service through September 30, 2021 is
estimated at $61,000. These additional services can be funded using existing savings in the
Transportation and Mobility Department's FY 2021 operating budget: Account No. 106-9615-000349-30-
403-529-00-00-00.
5
CONCLUSION
Approving Amendment No. 8 to the Agreement with Freebee to provide additional on-demand
transit services is beneficial to the City as it will provide a free and convenient mobility option to
reduce traffic congestion and parking demand during Memorial Day Weekend 2021 and along the
Collins Avenue corridor from 23 Street to 44 Street, through September 30, 2021, during
construction of the Indian Creek Drive Flood Mitigation project. In addition, approving Amendment
No. 8 authorizes the City to engage Freebee for additional services, at the City Manager's discretion,
to address future City events which impact mobility or any other unmet transportation needs of the City.
SUPPORTING SURVEY DATA
The on-demand transit pilot program has been very well accepted by the Mid-Beach community with 97%
satisfaction based on passenger surveys. According to the survey statistics, this service has been
effective in reducing the number of personal vehicle trips in Mid-Beach, with approximately 34% of
passengers who would previously use their personal automobile to conduct the same trip, and 48% of
passengers using it for either work or school-related purposes.
Applicable Area
Citywide
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Strategic Connection
Mobility - Address traffic congestion.
Legislative Tracking
Transportation and Mobility
Attachments
A: Form-Approved Resolution
B: Amendment No. 8 with BeeFree, LLC d/b/a FreeBee
344,
ATH/MT/JRG
6
Resolutions - C7 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: May 26, 2021
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE PROFESSIONAL
SERVICES AGREEMENT, DATED MAY 29, 2019, BETWEEN THE CITYAND
BEFREE, LLC (D/B/A FREEBEE) FOR ON-DEMAND TRANSIT SERVICE
(SERVICES); SAID AMENDMENT APPROVING ADDITIONAL SERVICES
(1) DURING MEMORIAL WEEKEND, 2021, IN THE APPROXIMATE
AMOUNT OF $4,000, AND (2) ALONG THE COLLINS AVENUE CORRIDOR,
FROM 23 STREET TO 44 STREET, AS A TRAFFIC MITIGATION
STRATEGY DURING THE CONSTRUCTION OF THE INDIAN CREEK
DRIVE FLOOD MITIGATION PROJECT, THROUGH SEPTEMBER 30, 2021,
SUBJECT TO EXTENSION BY THE CITY MANAGER, AS NEEDED; AND
FURTHER AUTHORIZING THE CITY MANAGER TO APPROVE FUTURE
ADDITIONAL SERVICES DURING CITY EVENTS WHICH IMPACT
MOBILITY, SUBJECT TO FUNDING AVAILABILITY AND PROVIDED THAT
THE COST DOES NOT EXCEED THE CITY MANAGER'S AUTHORITY
UNDER THE CITY CODE.
(ITEM TO BE SUBMITTED IN SUPPLEMENTAL)
SUPPORTING SURVEY DATA
The on-demand transit pilot program has been very well accepted by the Mid-Beach community with
97% satisfaction based on passenger surveys.
According to the survey statistics, this service has been effective in reducing the number of personal
vehicle trips in Mid Beach, with approximately 34% of passengers who would previously use their
personal automobile to conduct the same trip, and 48% of passengers using it for either work or
school-related purposes.
Applicable Area
Citywide
Is this a "Residents Right Does this item utilize G.O.
tKnow" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Page 21 of 358
Strategic Connection
Mobility-Address traffic congestion.
Legislative Tracking
Transportation and Mobility
Page 22 of 358