Amendment No.1 to BeeFree,LLC D/B/A FreeBee Agreement aol9- 3ios�
AMENDMENT NO. 1 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. 1 ("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 busineses,at 2312 N.
Miami Avenue, Miami, Florida 33127 ("Contractor"), is entered into this 01.0 day of
NOVIRIDEP2019, with an effective date of September 23, 2019:
WHEREAS, on May 17, 2017, the City Commission discussed on-demand transportation
service; and
WHEREAS, following the discussion, the City Commission directed the Administration to
pursue the service at no cost to the City; and
WHEREAS, in response to the City Commission's direction, a Request for Letters of
Interest (RFLI)for On-Demand Transit Service was issued in February of 2018; and
WHEREAS, the goal of the solicitation was to explore a potential partnership with a
vendor that would, at no cost to the City, provide "first mile/last mile" on-demand transportation
service to areas underserved by Miami-Dade County bus service and not served by the City's
trolley service; and I'
WHEREAS, on March 2, 2018, responses were received from three firms; and
WHEREAS, the Transportation and Mobility and Procurement Departments reviewed the
responses received and determined that none of the firms could provide the service at no charge
to passengers or without a City subsidy (as required by the RFLI); thus, all three firms were
deemed nonresponsive; and
WHEREAS, in early 2019, the City's Transportation and Mobility Department was able to
identify funding for a four month on-demand transit service pilot program during the 2018/2019
fiscal year; and
WHEREAS, pursuant to an open market procurement process, City staff solicited bids for
this limited pilot program and only Beefree, LLC d/b/a Freebee (Freebee) accepted the terms;
and
WHEREAS, on May 29, 2019 the City and Freebee executed a Professional Services
Agreement for the City of Miami Beach On-Demand Transit Service Request for Quote, with the
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initial term expiring on September 30, 2019, and one (1) renewal term, at the City's option, for up
to one year; and
WHEREAS, on May 31, 2019, the pilot program was launched, serving portions of Middle
Beach with one (1) vehicle; and
WHEREAS, on September 11, 2019, the Mayor and City Commission discussed the pilot
program and adopted Resolution No. 2019-30997, authorizing the City Manager to negotiate
Amendment No. 1 to the Agreement with Beefree, LLC d/b/a Freebee, including the following
provisions: (i) extending the current pilot program through October 31, 2019; (ii) adding two (2)
more vehicles in service for the remaining term of the pilot program; and (iii) permitting
advertisement on the vehicles to offset some of the operating costs to the City; and
WHEREAS, pursuant to the terms of Amendment No. 1 to the Agreement, Freebee has
agreed to equally share with the City the advertising revenues generated by its operations during
the term; and
WHEREAS, the second vehicles was placed in service on October 1, 2019 and the third
vehicles was placed in service on October 2, 2019; and
WHEREAS, on October 16, 2019, the City Commission discussed an item entitled
"Discussion to continue the Mid-Beach Freebee on-demand transit service"; and
WHEREAS, during the meeting, the City Manager recommended extending•the pilot
program with Freebee for two additional months; and
WHEREAS, the additional cost to operate the pilot program for the additional two (2)
months can range from $55,050 to $73,050, which costs will be covered by the Transportation
and Mobility Department's operating budget; and
WHEREAS, following the discussion, the six (6) members of the City Commission
unanimously voted to approve the extension of the pilot program for two additional months, from
November 1, 2019 until December 31, 2019, as memorialized in Resolution No. 2019-31057.
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. The recitals set forth above are true and correct and are incorporated herein by reference.
2. Section 3 of the Agreement, entitled "Term" is deleted in its entirety and replaced with the
following:
The term of this Agreement ("Term") shall commence on the Effective Date and shall be in
effect until December 31, 2019. Notwithstanding the Term provided herein, Contractor shall
adhere to any specific timelines, schedules, dates, and/or performance milestones for
completion and delivery of the Services, as same is/are set forth in the timeline and/or
schedule referenced in Exhibit "B" hereto.
3. Exhibit "B", titled Scope of Services (Services) of the Agreement is hereby deleted in its
entirety and replaced with the attached Exhibit "B".
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4. Except as amended herein, all other terms and conditions of the Agreement shall remain
unchanged and in full force and effect.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 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 Cit : aria.-r
Date: Viib- I'
FOR CONTRACTOR: BEEFREE, LLC D/B/A FREEBEE
ATTEST:
By: 4 �7 7
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Print Name and Title Print Name and Title
Date: 11/-510
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APPROVED AS TO
FORM & LANGUAGE
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City Attorney 1/, le Date
Exhibit"B"
SCOPE OF SERVICES(SERVICES)
I. Introduction and Background
The City of Miami Beach desires to provide a turnkey On-Demand Transit(ODT)service during a seven (7)month
pilot program, which will provide first mile/last mile services connecting to the existing Miami Beach Trolley and
Miami-Dade County Bus service and door-to-door service for trips originating and ending within the geofenced
service area depicted in the attached service map,at no cost to the passenger, in the areas of Miami Beach that
are currently not served or underserved either by the City's trolley service or Miami-Dade County transit service.
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 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 associated with this pilot program shall operate seven (7)days a week,from service commencement
on May 31, 2019 to December 31, 2019. In period between May 31, 2019 and October 1, one (1) vehicle
was used for service operation. On October 1, 2019, second vehicle was added to service. On October 2,
2019, third vehicle was added to service for a total of three (3) vehicles in operation. At least one (1) vehicle
shall be wheelchair accessible.
Service hours shall be as follows:
• Monday to Saturday from 6:30AM to 10 PM. Service hours consists of 14 hours per day of billable
hours and two (2)45-minute breaks per vehicle for purposes of vehicle charging and driver's breaks
• Sundays from 8:30AM to 10 PM. Service hours consists of 12 hours per day of billable hours and
two,(2) 45-minute breaks per vehicle for purposes of vehicle charging and driver's breaks
To the extent feasible, driver's breaks and vehicle charging shall take place during time of lowest passenger
demand, which will be determined after service start.Additionally, 2 vehicles shall always be in service (only
1 vehicle out of service due charging or for drivers break, and only when needed). 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.
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Exhibit"B"
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 5 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) 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 closely with City of Miami Beach to ensure successful
implementation and service improvements throughout implementation and testing phases of the pilot.
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Exhibit"B"
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 pilot-project.
VII. Fare
No fare willbe 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.
VIII. 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 ensure 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.
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Exhibit"B"
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;
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", "DANGERor 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.
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. The
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Exhibit"B"
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.
Service Marketing 1
The Contractor shall in coordination with the City shall develop a strategy and schedule for public outreach
and marketing for the pilot-program. The strategy should address both service launch phase and how to
ensure continue to promote the service throughout the pilot-program period, to help ensure its success. The
strategy shall be coordinated with and approved by the City of Miami Beach Communications Department.
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