Amendment No. 12 to the PSA with BEEFREE, LLC a/k/a FREEBEE DocuSign Envelope ID:158B7218-B052-4EE9-869F-3A1146F94E42 LD 20 r 3'3Ocj
DocuSign Envelope ID:31D5ECBB-09A1-48D7-B4B6-56AA27CC19DD
•
AMENDMENT NO. 12 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
5/18/2022 13:03 EDT
This Amendment No. 11 ("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,liaving 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
, 2022:
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 a Letter Agreement, the City partially suspended the
DocuSign Envelope ID:158B7218-B052-4EE9-869F-3A1146F94E42
DocuSign Envelope ID:31D5ECBB-09A1-48D7-B4B6-56AA27CC19DD
on-demand transportation services (Services) under the Agreement by modifying the scope of
Services to provide Services for the elderly("Amendment No. 3");and
II
WHEREAS, based upon the emergency orders in effect at the time, on April 1, 2020, via
a 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 ("Amendment No. 5"), 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 and the closest Publix supermarket or pharmacy; and
WHEREAS,the Services for elderly residents were provided 7 days a week from 7:00 AM
to 5:30 PM and, pursuant to City Commission direction, were to operate in that manner through
December 30, 2020; and
WHEREAS,on December 30,2020,via a 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 a Letter Agreement,extended the Services
under the Agreement through September 30, 2021 (Amendment No. 7); and
WHEREAS, Amendment No. 7 provides Services for the elderly residing in affordable
housing facilities from their home to the closest Public Supermarket or pharmacy at no cost to the
passenger;and
WHEREAS, on May 26, 2021, the Mayor and City Commission adopted Resolution No.
2021-31721, approving and authorizing the City Manager to execute Amendment No. 8 to the
Agreement;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 23rd Street
to 44th Street,as a temporary traffic mitigation strategy during the construction of the Indian Creek
Drive flood mitigation project, through September 30, 2021, in the initial approximate 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;and
WHEREAS, while the Services for elderly residents living in affordable housing facilities
throughout the City were to be discontinued on September 30, 2021, given the current state of
the pandemic, service for elderly was extended via Amendment No. 9 to the Agreement through
November 30, 2021, under the City Manager's authority; and
WHEREAS, Amendment No. 9 was executed on October 1, 2021 (the Agreement, as
amended by Amendments No. 1 through No. 9 shall be collectively referred to as the
"Agreement");and
WHEREAS, Amendment No. 10 was executed on November 9, 2021, modifying section
2.3 section of the Agreement(Additional Services); and
DocuSign Envelope ID:158B7218-B052-4EE9-869F-3A1146F94E42
DocuSign Envelope ID:31D5ECBB-09A1-48D7-B4B6-56AA27CC19DD
•
II
WHEREAS,Amendment No. 11 was executed on March 22, 2022, extending services to
the elderly residents through September 30, 2022; and
WHEREAS, Section 2-407 of the City Code requires contractors to pay its employees the
City's living wage rate for City service contracts, including transportation services, when
expenditures for said contracts exceed $100,000 per year; and
WHEREAS, previously, the Contract was not subject to Living wage because its annual
expenditures did not exceed $100,000 annually; and
WHEREAS, since 2019, when the Contract was executed, Freebee has paid its
employees a rate of$12.00 per hour without benefits to its employees; and
WHEREAS, throughout the years, the services with the Contractor have increased, and
now the expenditures will exceed $100,000 annually, making the Contract subject to the City's
Living Wage Ordinance; and
WHEREAS, to assure that service contractors doing business with the City continue to
comply with the provisions of the Living Wage Ordinance, it is necessary to amend the current
Contract between the City and the Contractor subject to and covered by the requirements of the
Ordinance; and
WHEREAS,on September 16,2020,the Mayor and City Commission adopted Resolution
• No. 2020-31399 increasing the living wage to no less than $11.90 per hour with health care
benefits of at least$3.25 per hour, or $15.15 per hour without health care benefits, and further
delegating the authority to the City Manager to amend any contract, as necessary, in order to
implement the increase to living wage; and
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 recitals set forth above are true and correct and are incorporated herein by reference.
2. MODIFICATIONS.
The Contract is hereby modified (deleted items struck through and inserted items
underlined) as follows:
1. The following language is hereby incorporated into the Agreement:
(a) Effective January 1, 2022, CONTRACTOR will pay any employee working directly on its
contract with the City for on-demand transit services, as confirmed by the director of the
Transportation Department, or designee, an hourly rate of no less than $11.90 with health
care benefits of no less than $3.25, or an hourly rate of no less than$15.15 without health
care benefits.
(b) In consideration of the additional cost to the CONTRACTOR to comply with the City's
living wage law, the CONTRACTOR, on a monthly basis, may invoice the City an
additional $3.15, plus $0.35 in corresponding payroll taxes, for a total of$3.50 per hour
DocuSign Envelope ID:158B7218-B052-4EE9-869F-3A1146F94E42
DocuSign Envelope ID:31D5ECBB-09A1-48D7-B4B6-56AA27CC19DD
per employee working directly pursuant to the Contract.
(c) Any payroll request made by the City during the contract term shall be completed
electronically via the City's electronic compliance portal, LCP Tracker(LCPTracker.net).
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.
DocuSign Envelope ID:158B7218-8052-4EE9-869F-3A1146F94E42
DocuSign Envelope ID:31D5ECBB-09A1-48D7-B486-56AA27CC19DD
IN WITNESS WHEREOF,the parties hereto have caused this Amendment No. 11 to be executed
j by their appropriate officials,as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
DocuSigned by:
rafati ar .�
By: rnnennaara C4cr...
Rafael E.Granado, City Clerk a T. Hudak,City Manager
5/18/2022 13:03 EDT
Date:
•
FOR CONTRACTOR: BEEFREE, LLC D/B/A FREEBEE
ATTEST:
By:
Stuart Lujan-Witness Jason Spiegel CEO
Print Name and Title Print Name and Title
4/21/22
Date:
APPROVED AS TO FORM&LANGUAGE
&FOR EXECUTION.
.14
City Attorney at/ ate