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HomeMy WebLinkAboutItem O5 05 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting February 19, 2025 Agenda Item Number: 05 2023-3647 BULK ITEM: Yes DEPARTMENT: Transit TIME APPROXIMATE: STAFF CONTACT: Richard Clark TBD AGENDA ITEM WORDING: Presentation of County Freebee Services results over the past 6 months, Discussion and Direction regarding the County Freebee service and whether to continue with the program after 1 st year implementation; Presentation of Islamorada Freebee Services results and whether to work with Islamorada on transitioning management services to the County. TIME APPROXIMATE 11:00 A.M. ITEM BACKGROUND: The County began the County Stock Island/Key West Freebee program on July 15, 2024. The current contract term is from May 15, 2024 to May 15, 2025. The total cost of the program is $852,000, with the County paying $426,000 and FDOT paying $426,000. Attached is a power point presentation that demonstrates the program performance over the last 6 months. If the Board believes the program meets the objectives of providing enhanced public transportation, workforce transportation alternative solutions, tourism transportation alternative solutions, and transportation solutions for the workforce, as highlighted in the Monroe County Strategic Tactical Plan for FY2020, then staff needs direction on whether to work toward a 1-year renewal for the term of 7/1/25 through 6/30/26. Further, in December, 2024, the Islamorada Village Council requested Monroe County assume management of their Freebee program. The Islamorada contract term is from July 1, 2024 to June 30, 2025. Islamorada has had Freebee transit service since 2018. In 2024 Islamorada was awarded a Service Development Grant from FDOT in the amount of$276,760 and agreed to a 50150 match at $276,760 for a total not to exceed of$553,520. Staff need to know if the Board supports Monroe County assuming management responsibility. If so, staff recommends the County work with Islamorada to transition the program beginning 7/1/25. PREVIOUS RELEVANT BOCC ACTION: 4161 The County executed a contract for Micro-transit service with Freebee on May 15, 2024 for one year with two one year renewals. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: none STAFF RECOMMENDATION: Review Freebee services results to determine whether program is meeting transportation/transit objectives. Dependent upon review,potentially direct staff to move forward with: 1. Renewal of County Stock Island/Key West program 2. Assuming Islamorada Program on 7/1/24, depending on negotiated terms 3. Expanding Freebee services to other areas of the county DOCUMENTATION: Freebee Agree ent.pdf 12 10 2024 Regular Village Council Minutes.pdf ConchConnectService(3).pptx Freebee Management Transfer Process.docx IslamoradaTransitionPlan.docx FINANCIAL IMPACT: None at this time 4162 DocuSign Envelope ID:6404579E-429A-4D55-B719-D489E91EE063 AGREEMENT THIS IS AN AGREEMENT, dated the 28 day of June, 2024, between: ISLAMORADA, VILLAGE OF ISLANDS a Florida municipal corporation, hereinafter "VILLAGE," and BEEFREE, LLC, a limited liability company d/b/a FREEBEE, authorized to do business in the State of Florida, hereinafter "CONTRACTOR." WITNESSETH: In consideration of the mutual terms and condition, promises, covenants, and payments hereinafter set forth,VILLAGE and CONTRACTOR agree as follows: Article I. PREAMBLE In order to establish the background, context and form of reference for this Agreement and to generally express the objectives, and intentions, of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. Section 1.01 The VILLAGE is in need of an independent experienced contractor to provide transportation services to residents and tourists within the Village. Section 1.02 CONTRACTOR has developed a service to provide no-fare local transportation utilizing electric vehicles ("Freebees") and has implemented the environmentally friendly transit service in several South Florida communities. Section 1.03 The VILLAGE approved a six-month trial period for the Freebee services limited to Upper Matecumbe Key, assigned funds in the Fiscal Year 2018-2019 Budget to fund the services, and subsequently approved a two-month extension of the trial period. Section 1.04 The trial period for CONTRACTOR's Freebee service from November 29, 2018 to May 28, 2019, which was subsequently extended to July 31, 2019, has been popular with both residents and visitors, and residents requested expansion of Freebee services to provide transportation to all four (4) islands of the Village. Section 1.05 On July 8, 2019, the VILLAGE received a proposal from CONTRACTOR to continue providing and expanding mobile application-based transportation and marketing services to VILLAGE residents, tourists, and visitors via CONTRACTOR's 100% electric and customized low- speed vehicles known as "Freebees" (the "Services"). Page 1 of 15 4163 DocuSign Envelope ID:6404579E-429A-4D55-B719-D489E91EE063 Section 1.06 On July 18, 2019, the Village Council of Islamorada, Village of Islands adopted Resolution No. 19-07-48,thereby accepting the proposal from CONTRACTOR and authorizing the Village to negotiate an Agreement with CONTRACTOR for the proposed services. Section 1.07 The Village and CONTRACTOR entered into an Agreement on October 15, 2019 that provided for a term of twenty-four (24) months from the date of delivery and deployment of new vehicles able to travel Village-wide. The Agreement was extended by two (2) months in acknowledgement of a two-month suspension of services and payments during the COVID-19 pandemic, and it terminated on May 31, 2022. Section 1.08 On May 12, 2022, the Village Council approved an agreement between VILLAGE and CONTRACTOR for the continued provision of the Services through June 30, 2023, for seventy (70) hours per week according to a staggered schedule whereby all three vehicles would operate different hours for a total annual cost of$342,504.00. Section 1.09 The Agreement dated May 12, 2022, was extended by the Village Council on June 8, 2023 to continue in its entirety until approval of the Public Service Transit Grant from the Florida Department of Transportation ("FDOT") for the State Fiscal Year 2024 intended to reimburse the Village for fifty percent (50%) of an expanded program to be implemented by CONTRACTOR. Section 1.10 The FDOT drafted and transmitted a Grant Agreement to the Village on August 10, 2023 that was approved by the Village Council on June 11, 2024 with a term to begin upon full execution by both parties. Section 1.11 VILLAGE and CONTRACTOR desire to enter into this Agreement for the continued provision of the Services as set forth herein, including the expanded service hours with all vehicles in service from 7:00 AM to 12:00 AM seven days per week in conjunction with the FDOT Grant Agreement. Section 1.12 The Village Manager is authorized to execute an agreement with CONTRACTOR for services related to the scope of work set forth in the Rates and Services Addendum attached hereto as Exhibit "A" as it may be amended through mutual agreement of the VILLAGE and CONTRACTOR, and as directed by the Village Manager and as more particularly described herein. Article H. SCOPE OF WORK Section 2.01 The CONTRACTOR shall furnish all of the materials, tools, supplies, and labor necessary to per-form all of the work described in the Rates and Services Addendum, a copy of which is attached hereto and specifically made a part of this Agreement as Exhibit "A"" as it may be amended through mutual agreement of the VILLAGE and CONTRACTOR, and as directed by Village Manager. Section 2.02 CONTRACTOR hereby represents to VILLAGE, with full knowledge that VILLAGE is relying upon these representations when entering into this Agreement with CONTRACTOR, that CONTRACTOR has the professional expertise, experience and manpower to perform the services to be provided by CONTRACTOR pursuant to the terms of this Agreement. Page 2 of 15 4164 DocuSign Envelope ID:6404579E-429A-4D55-B719-D489E91EE063 Section 2.03 CONTRACTOR assumes professional and technical responsibility for performance of its services to be provided hereunder in accordance with applicable recognized professional standards. Section 2.04 None of the work or services under this contract shall be subcontracted beyond that shown on List of Major Subcontractors submitted to the VILLAGE by CONTRACTOR, unless CONTRACTOR obtains prior written consent from the VILLAGE. Approved subcontractors shall be subject to each provision of this contract and CONTRACTOR shall be responsible and indemnify the VILLAGE for its subcontractors' negligent acts, errors or omissions. Article III. TIME FOR COMPLETION Section 3.01 The CONTRACTOR shall commence services as directed by VILLAGE and in accordance with a project implementation timeline to be provided to CONTRACTOR by the VILLAGE. CONTRACTOR shall perform all services in a timely manner in accordance with the project timeline and as stated in Exhibit "A" to this Agreement. Section 3.02 This Agreement and the services hereunder shall commence on July 1, 2024, or the date the Village receives the fully executed Grant Agreement from the FDOT, whichever is later, and shall continue for twelve (12) months from the date of commencement. Section 3.03 Anything to the contrary notwithstanding, minor adjustment to the timetable for completion approved by VILLAGE in advance, in writing, will not constitute a delay by CONTRACTOR. Furthermore, a delay due to an Act of God, fire, lockout, strike or labor dispute, riot or civil commotion, act of public enemy or other cause beyond the control of CONTRACTOR shall extend this Agreement for a period equal to such delay and during this period such delay shall not constitute a delay by CONTRACTOR. Article IV. CONTRACT PRICE AND GUARANTEES Section 4.01 The VILLAGE hereby agrees to pay CONTRACTOR for the faithful performance of this Agreement, for services rendered in accordance with the Rates and Services Addendum attached hereto as Exhibit "A" as it may be amended through mutual agreement of the VILLAGE and CONTRACTOR, and as directed by the Village Manager. Prices for work completed by the CONTRACTOR shall be as reflected in CONTRACTOR's Rates and Services Addendum attached hereto and made a part hereof as Exhibit"A". A total contact price hereto is referred to as Contract Sum and shall not exceed Five Hundred Fifty-three Thousand Three Hundred and no/100 Dollars ($553,330.00) per annum. Section 4.02 The VILLAGE will make payments to CONTRACTOR for completed and proper work and in the amounts stated in Exhibit "A" as it may be amended through mutual agreement of the VILLAGE and CONTRACTOR, and as directed by the Village Manager, in accordance with the Local Government Prompt Payment Act in Chapter 218, Florida Statutes. Section 4.03 CONTRACTOR is prohibited from placing a lien on the Village's property. This prohibition applies to; inter alia, all sub-CONTRACTORS and suppliers and labors. Page 3 of 15 4165 DocuSign Envelope ID:6404579E-429A-4D55-B719-D489E91EE063 Article V. CONTRACTOR'S LIABILITY INSURANCE Section 5.01 The CONTRACTOR shall not commence work under this Agreement until CONTRACTOR has obtained all insurance required under this Article and such insurance has been approved by the VILLAGE nor shall the CONTRACTOR allow any Subcontractor to commence work on his sub-contract until all similar such insurance required of the subcontractor has been obtained and approved. Section 5.02 Certificates of insurance, reflecting evidence of the required insurance,shall be filed with the VILLAGE prior to the commencement of the work. These Certificates shall contain a provision that coverage afforded under these policies will not be canceled until at least thirty(30) days prior written notice has been given to the VILLAGE. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. Section 5.03 Financial Ratings of the insurers must be no less than "A" in the latest edition of "Bests Key Rating Guide", published by A.M. Best Guide. Section 5.04 Insurance shall be in force during the term of this Agreement. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the CONTRACTOR shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The CONTRACTOR shall not continue to work pursuant to this contract unless all required insurance remains in full force and effect. Section 5.05 Comprehensive General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are as follows: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis,with the following limits of liability: (a) Workers' Compensation Insurance—as required by law, (b) Comprehensive General Liability Insurance, including Premises Operation, Products and Completed Operations, Blanket Contractual Liability, Personal Injury Liability, Expanded Definition of Property Damage - $1,000,000 per occurrence; $5,000,000 annual general aggregate; and Vehicle Liability (Owned, non-owned and hired vehicles) - $1,000,000 per Occurrence, $1,000,000 per Accident for bodily injury and $1,000,000 per accident for property damage. Section 5.06 The CONTRACTOR shall hold the VILLAGE, its agents, and employees, harmless on account of claims for damages to persons, property or premises arising out of CONTRACTOR's negligent operations in completing the activities under this Agreement and name the VILLAGE as an additional insured under their policy. Page 4 of 15 4166 DocuSign Envelope ID:6404579E-429A-4D55-B719-D489E91EE063 Section 5.07 The VILLAGE reserves the right to require any other insurance coverage it deems necessary depending upon the exposures and shall provide a thirty (30) day written notice to CONTRACTOR if any changes to insurance obligations are required. Notwithstanding the foregoing, in the event the VILLAGE requires any change in insurance coverage or additional insurance coverage which exceeds the scope of coverage or coverage limits expressly required under this Agreement,CONTRACTOR may, in its sole discretion,terminate this Agreement without further obligation by providing thirty (30) days' prior written notice to VILLAGE. In the event of such termination, CONTRACTOR shall be paid for all work satisfactorily performed through the date of termination. Article VI. PROTECTION OF PROPERTY Section 6.01 At all times during the performance of this Agreement, the CONTRACTOR shall protect the VILLAGE's property and properties from all damage whatsoever on account of the work being carried on pursuant to this Agreement. Article VII. CONTRACTOR'S INDEMNIFICATION Section 7.01 The CONTRACTOR agrees to release the VILLAGE from and against any and all liability and responsibility in connection with this Agreement and the matters contained herein. The CONTRACTOR further agrees not to sue or seek any money or damages from VILLAGE in connection with this Agreement except with respect to payment for services rendered with respect to this Agreement. Section 7.02 The CONTRACTOR shall indemnify and hold harmless the VILLAGE and its officers and employees from liabilities,damages, losses,and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR, in the performance of the Agreement. Section 7.03 If a court of competent jurisdiction holds the VILLAGE liable for certain tortuous acts of its agents, officers, or employees, such liability shall be limited to the extent and limit provided in 768.28, Florida Statutes. This provision shall not be construed as a waiver of any right or defense that the VILLAGE may possess. The VILLAGE specifically reserves all rights as against any and all claims that may be brought. Section 7.04 Nothing in this Agreement shall be deemed or treated as a waiver by the VILLAGE of any immunity to which it is entitled by law, including but not limited to the VILLAGE's sovereign immunity as set forth in Section 768.28, Florida Statutes. Article VIII. INDEPENDENT CONTRACTOR Section 8.01 This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the CONTRACTOR is an independent contractor under this Agreement and not the VILLAGE's employee for all purposes, including but not limited to,the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Page 5 of 15 4167 DocuSign Envelope ID:6404579E-429A-4D55-B719-D489E91EE063 Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out the CONTRACTOR's activities and responsibilities hereunder provided. This Agreement shall not be construed as creating any joint employment relationship between the CONTRACTOR and the VILLAGE and the VILLAGE will not be liable for any obligation incurred by CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. Article IX. CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK Section 9.01 The VILLAGE may request changes that would increase, decrease or otherwise modify the Scope of Work to be provided under this Agreement as described in Article II of this Agreement. Such changes or additions to the Project must be in accordance with the provisions of the Code of Ordinances of the VILLAGE and must be contained in a written amendment, executed by the parties hereto,with the same formality and with equality and dignity prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work to the Project. Each amendment shall at a minimum include the following information on the Project: PROJECT NAME DESCRIPTION OF AMENDMENT ESTIMATED COST FOR ADDITION OR CHANGE TO PROJECT Section 9.02 In no event will the CONTRACTOR be compensated for any work which has not been described in a separate written agreement or amendment executed by the parties hereto. Article X. TERM AND TERMINATION Section 10.01 This Agreement and the services hereunder shall commence on July 1, 2024, and shall continue for twelve (12) months from the date of commencement. Section 10.02 This Agreement may be terminated by either party for cause, or the VILLAGE for convenience, upon forty-five (45) days written notice. If this Agreement is terminated by either party for convenience, the CONTRACTOR shall be paid its compensation for services performed to termination date. In the event that the CONTRACTOR abandons this Agreement or causes it to be terminated in a manner not permitted under the terms of the Agreement,the CONTRACTOR shall indemnify the VILLAGE against any loss pertaining to this termination up to a maximum of the full Contract Price. All finished or unfinished documents, data, studies, plans, surveys, and reports prepared by CONTRACTOR shall become the property of VILLAGE and shall be delivered by CONTRACTOR to VILLAGE. Section 10.03 This Agreement may be terminated by either party for cause upon fifteen (15) days written notice by the party not in default providing the defaulting party with a specific description of the default and an opportunity to cure.If this Agreement is terminated by either party for cause, the CONTRACTOR shall be paid its compensation for services satisfactorily performed to the termination date. Page 6 of 15 4168 DocuSign Envelope ID:6404579E-429A-4D55-B719-D489E91EE063 Section 10.04 The Term of this Agreement may be extended upon mutual written Agreement of CONTRACTOR and the VILLAGE for two (2) additional terms of twelve (12) months, subject to approval by the Village Council. Article XI. MISCELLANEOUS Section 11.01 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contribution of both parties. Section 11.02 Assignments. This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by CONTRACTOR without the prior written consent of VILLAGE. For purposes of this Agreement, any change of ownership of CONTRACTOR shall constitute an assignment which requires VILLAGE approval. However, this Agreement shall run to the VILLAGE and its successors and assigns. Section 11.03 Records. CONTRACTOR shall keep books and records and require any and all subcontractors to keep books and records as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which CONTRACTOR expects to be reimbursed, if applicable. Such books and records will be available at all reasonable times for examination and audit by VILLAGE and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by VILLAGE of any fees or expenses based upon such entries. Section 11.04 Public Records. VILLAGE is a public agency subject to Chapter 119, Florida Statutes. To the extent that CONTRACTOR is acting on behalf of VILLAGE pursuant to Section 119.0701, Florida Statutes, CONTRACTOR shall: (a) Keep and maintain public records that ordinarily and necessarily would be required to be kept and maintained by VILLAGE were VILLAGE performing the services under this Agreement; (b) Provide the public with access to such public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (c) Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law, and (d) Meet all requirements for retaining public records and transfer to VILLAGE, at no cost, all public records in possession of the CONTRACTOR upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the VILLAGE. Page 7 of 15 4169 DocuSign Envelope ID:6404579E-429A-4D55-B719-D489E91EE063 IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-664-6412, Clerk@islamorada.fl.us, or by mail: Village Clerk, 868800 Overseas Highway, Islamorada, FL 33036. Section 11.05 Ownership of Documents. Reports, surveys, plans, studies and other data provided in connection with this Agreement are and shall remain the property of VILLAGE, upon payment to CONTRACTOR pursuant to the payment terms of this Agreement. Section 11.06 No Contingent Fees. CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person,company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision,the VILLAGE shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. Section 11.07 E-Verify. CONTRACTOR shall comply with Section 448.095, Fla.Stat.,"Employment Eligibility," including the registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Contract. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute by CONTRACTOR, CONTRACTOR may not be awarded a public contract for a period of 1 year after the date of termination. Section 11.08 Scrutinized Companies. (a) CONTRACTOR certifies that it and its subconsultants are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the CONTRACTOR or its subconsultants are found to have submitted a false certification; or if CONTRACTOR, or its subconsultants are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. (b) If this Agreement is for more than one million dollars, CONTRACTOR certifies that it and its subconsultants are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S.,the City may immediately terminate this Agreement at its sole option if CONTRACTOR , its affiliates, or its subconsultants are found to have submitted a false Page 8 of 15 4170 DocuSign Envelope ID:6404579E-429A-4D55-B719-D489E91EE063 certification; or if CONTRACTOR, its affiliates, or its subconsultants are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. (c) CONTRACTOR agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. (d) As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above- stated contracting prohibitions then they shall become inoperative. Section 11.09 Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party,at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the CONTRACTOR and the VILLAGE designate the following as the respective places for giving of notice: VILLAGE: Village Manager Islamorada, Village of Islands 86800 Overseas Highway Islamorada, Florida 33036 Copy To: Village Attorney Islamorada, Village of Islands 86800 Overseas Highway Islamorada, Florida 33036 CONTRACTOR: Jason Spiegel, Managing Partner BEEFREE, LLC d/b/a FREEBEE 2.3.1..2....N.1 M.i.ami...'Av'e"nue' 371 N E 61 st St Mi°a°rni.; Fl.o.rid•a 3312.7. Miami, FL 33137 jason@ridefreebee.com Section 11.10 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. Section 11.11 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. Section 11.12 Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. Page 9 of 15 4171 DocuSign Envelope ID:6404579E-429A-4D55-B719-D489E91EE063 Section 11.13 Severability. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Section 11.14 Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Monroe County, Florida. Section 11.15 Disputes. Any claim, objection, or dispute arising out of the terms of this Agreement shall be litigated in the Sixteenth Judicial Circuit Court in and for Monroe County. Section 11.16 Extent of Agreement. This Agreement together with Contract Documents and Exhibits, attached hereto, as amended herein above represents the entire and integrated agreement between the VILLAGE and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. Section 11.17 Waiver. Failure of the VILLAGE to insist upon strict performance of any provision or condition of this Agreement, or to execute any right therein contained, shall not be construed as a waiver or relinquishment for the future of any such provision,condition, or right, but the same shall remain in full force and effect. [Signature Page To Follow] Page 10 of 15 4172 DocuSign Envelope ID:6404579E-429A-4D55-B719-D489E91EE063 Affidavit Attesting to Noncoercive Conduct for Labor or Services Nongovernment Entity name: Beefree LLC ("Vendor") Vendor FEIN: 45-4659887 Address: 371 NE 61st St City: Miami State: FL Zip: 33137 Phone number: 305-330-9450 Email Address: info@ridefreebee.com As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify that Vendor does not use coercion for labor or services in accordance with Section 787.06. Written Declaration Under penalties of perjury,I declare that I have read the foregoing Affidavit and that the facts stated in it are true. By: O Authorized Signature Print Name and Title: Jason Spiegel - Managing Partner Date: 6-17-24 Page 11 of 15 4173 DocuSign Envelope ID:6404579E-429A-4D55-B719-D489E91EE063 [SIGNATURE PAGE TO AGREEMENT] IN WITNESS WHEREOF,the parties have executed this Agreement on the respective dates under each signature:The VILLAGE, signing by and through its Village Manager, attested to by its Village Clerk, duly authorized to execute same, and by CONTRACTOR, by and through its duly authorized officer to execute same. VILLAGE ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA Do Signed by: By: (A FRM Robert Cole, Village Manager AUTHENTICATION: F �Do�c1uuSiigned by: �A /'�1A},�IIW�A'V\.� k Y�'l.li[l'Y�^4 w 86,4�JR9P'd9ho6... Marne McGrath, Village Clerk APPROVED AS TO FORM AND LEGALITY FOR THE USE AND BENEFIT OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, ONLY DocuSigned by: John J. Quick, Interim Village Attorney CONTRACTOR Print Name: Jason Spiegel Title: Managing Partner Date: 6-17-24 Witness: Print Name: Seth Brown Page 12 of 15 4174 DocuSign Envelope ID:6404579E-429A-4D55-B719-D489E91EE063 Exhibit W BEEFREE, LLC "RATES AND SERVICES ADDENDUM" (Rates and Services Addendum for "Freebee" Transportation Services) This Rates and Services Addendum ("Addendum") supplements the Agreement between BEEFREE, LLC ("BEEFREE") and ISLAMORADA, VILLAGE OF ISLANDS ("the VILLAGE"), made and entered into on the 1 st day of July, 2024 (the "Agreement"). This Addendum is subordinate to, and fully incorporates the terms and conditions of the Agreement, unless expressly stated otherwise herein. In consideration of the promises and covenants contained herein, and for good and valuable consideration, BEEFREE and VILLAGE (collectively, the "Parties"), intending to be legally bound, hereby agree as follows: 1. Term. The term of the Services set forth under this Addendum shall commence on July 1, 2024, and shall continue for twelve (12) months, unless amended by mutual consent of the Village and BEEFREE, terminated sooner or extended pursuant to the terms of the Agreement. 2. Services. This Addendum is limited in scope to the following services (the "Services"),which BEEFREE agrees to provide to VILLAGE. The Services specified herein in section 2.a. and 5.a. may be amended through mutual agreement of the VILLAGE and BEEFREE at the direction of the Village Manager at the rates specified herein (the "Rates"): a. BEEFREE will provide three (3) "Freebee" vehicles (One (1) XL van and two (2) Tesla X vehicles) dedicated to VILLAGE (the "Vehicles") for the duration of the Term. At least one of the Vehicles dedicated to VILLAGE will be wheelchair accessible, and BEEFREE will otherwise use its best efforts to be and remain in compliance with all Americans with Disabilities Act ("ADA") requirements. BEEFREE 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. b. BEEFREE will operate the Vehicles within VILLAGE's designated service area at all times during VILLAGE's operating hours (weather and conditions permitting) as reflected in Section 5 herein, with the exception being when a driver takes their thirty (30) minute meal break. At such times during a driver break, two (2) vehicles will be in operation and BEEFREE will try to limit this to downtime in service. BEEFREE agrees that, to the extent feasible, at all times during VILLAGE's operating hours, at least one (1) wheelchair-accessible Vehicle will be available to accommodate passengers, upon request, and BEEFREE will operate the ramping system and secure any wheelchairs to the vehicle should such accommodations be requested. C. Prior to the beginning of the Term, BEEFREE will add VILLAGE as an additional insured on BEEFREE's automobile insurance policy (of at least $1 million), and on BEEFREE's general liability policy (of at least $5 million).VILLAGE will remain as an additional Page 13 of 15 4175 DocuSign Envelope ID:6404579E-429A-4D55-B719-D489E91EE063 insured on said policies throughout the Term. BEEFREE must also otherwise comply with the insurance requirements as set forth in the Agreement. d. BEEFREE will assist VILLAGE in developing a marketing plan to encourage ridership on the Vehicles during the Term. e. Beginning with the first month of the Term and continuing for each month of the Term thereafter, BEEFREE will provide VILLAGE with a monthly report showing data and analytics related to ridership in the Vehicles for the preceding month(s). BEEFREE will provide these reports within ten (10) business days of the last day of each month, unless another time frame is agreed to between the Parties. f. BEEFREE agrees that any questions, complaints, or concerns reported to BEEFREE (through its drivers or otherwise) regarding ADA issues will be reported to the VILLAGE within one business day. 3. Rates.As consideration for the Services listed above, VILLAGE shall pay BEEFREE at the following Rates: a. The total payment for the Services to be provided under this Addendum shall not exceed Five Hundred Fifty-three Thousand Three Hundred and no/100 Dollars ($553,330.00) per annum, with the ability to subsidize total payment with advertising revenue, as stipulated under Section 5(d) herein. b. The breakdown for the Services charge is as follows: 1 XL Vehicle and 2 Tesla X Vehicles Service: Monday - Sunday One Hundred Nineteen (119) Hours of labor per vehicle weekly Cost: $553,300.00 Annually 4. Payment Terms.VILLAGE agrees to pay the Rates in monthly installments, as follows: a. Twelve (12) payments of$46,110.00 per month, payable on or before the 15th day of each month, beginning the first month of the Term of this Agreement. 5. Additional Terms. a. VILLAGE's operating hours, as contemplated in Section 2.b. above, shall be as follows: Monday through Sunday, 7:00 a.m. to 12:00 a.m. These hours may be modified by mutual written agreement of the Parties as ridership data becomes available throughout the Term. b. VILLAGE shall be responsible for providing a location for installation of the fast chargers. Any costs always associated therewith after acceptance of the delivery will be the responsibility of BEEFREE. Notwithstanding the foregoing, all fast chargers delivered to VILLAGE by BEEFREE shall remain the property of BEEFREE and shall be subject to return upon conclusion of the Term. c. BEEFREE will operate the Vehicles in VILLAGE'S designated service area as delineated in the attached map. Page 14 of 15 4176 DocuSign Envelope ID:6404579E-429A-4D55-B719-D489E91EE063 d. Should local law allow for BEEFREE to sell advertising space on the Vehicles at any time during the Term and provided that BEEFREE is able to sell such advertising space, BEEFREE may enter into separate agreements with advertisers for the placement of advertising on the Vehicles.All advertising shall be subject to VILLAGE's approval prior to placement on the Vehicles. The first $120,000.00 of advertising revenue generated will remain the Property of BEEFREE.Any advertising revenue generated above $120,000.00 from the sale of advertising on the Vehicles during the Term shall be divided equally between BEEFREE and VILLAGE, with each entitled to 50% of advertising revenue that is generated and actually received. VILLAGE shall be permitted to apply its share of such revenue, if any, towards subsidizing the Rates it has agreed to pay hereunder. Nothing in this section should be deemed to constitute a guarantee that BEEFREE will sell such advertising space or generate any revenue by selling advertising on the Vehicles during the Term, and VILLAGE expressly acknowledges that no such guarantee has been made by BEEFREE. Page 15 of 15 4177 Islamorada, Village of Islands REGULAR VILLAGE COUNCIL MEETING 77 December 10, 2024 - 5,30 PM Founders Park Community Center � + 87000 Overseas Highway Islamorada, FL 33036 MINUTES I. CALL TO ORDER / ROLL CALL Mayor Sharon Mahoney called the meeting to order at 05.32 PM PRESENT: Mayor Sharon Mahoney, Vice Mayor Don Horton, Council Member Steve Friedman, Council Member Deb Gillis, Council Member Joseph B. Pinder III ABSENT: II. PLEDGE OF ALLEGIANCE Rev. Bruce Haven led the Pledge of Allegiance and Rev. Tony Hammon began the meeting with a prayer. III. AGENDA: Requests for Deletion / Emergency Additions Council Member Deb Gillis added a discussion item about sewers. Interim Village Attorney John Quick added the announcement of an executive session during Village Manager/Village Attorney Communications. Mayor Sharon Mahoney thanked Chamber of Commerce Director Judy Hull for a phenomenal job on the Winter Festival and announced that the Fire Department was collecting unwrapped gifts at the Fire Stations. She further noted that gifts would also be accepted during parade on Sunday, December 15. Mayor Mahoney then introduced State Rep. Lauren Melo and June Smith. Rep. Melo noted she had requested appropriations of$300,000 each for four Keys communities and that, according to the Governor's office the Islamorada appropriation was vetoed at the local level. She indicated that she would run the appropriation again in 2025. The Council expressed concern that there was unanimous support by the Council and that their directive was vetoed locally. June Smith, who lost her daughter in a Keys boating accident, noted that they called 911, but it was outside business hours and no emergency services were available until they got to land. Ms. Smith noted it scared her in a boating community such as Islamorada there's no one on the water to help in a similar situation. 4178 IV. REPORTS, PRESENTATIONS AND ANNOUNCEMENTS A. Freebee Update from Richard Clark, Monroe County Transit Director Monroe County Transit Director Richard Clark noted that Monroe County was running an on-demand ride service, similar to Islamorada's. He indicated that the BOCC wanted him to work directly with the Village Manager and then seek approval at the Council level. There will be a formal vote at BOCC, then to the Village for approval of agreement. Mr. Clark noted the County was looking at an Islamorada, Marathon and Key West walk-on ferry as well as expanding bus routes. The Council unanimously agreed to move forward. B. Request for Guidance on Village Council Mediation Participants (for both Gregg and Barley Mediations) TAB 1 Interim Village Attorney John Quick asked for an executive session for the Yates case on either January 7 or 9. It was noted that a collective bargaining session had already been scheduled at 3:30pm on January 7. Mr. Quick stated that upcoming meditations for the Gregg land use case and the Barley case required an elected official to participate. It was noted that they wouldn't be able to make any decisions in a mediation due to sunshine laws. Mr. Quick noted that one Council Member should attend each mediation with the Village Manager. Council Member Pinder agreed to participate in the Gregg mediation and Vice Mayor Horton indicated he would serve for the Barley mediation. V. CITIZENS, ADVISORY COMMITTEE REPORTS & APPOINTMENTS A. Land Acquisition Advisory Committee Report by Chair Greg Dully TAB 2 Chair Greg Dully reported on the activities of the Land Acquisition Advisory Committee and read a letter of support from the Committee for the Land Acquisition Action Plan. Mr. Dully further stated a list of potential names for the recently acquired Glynn property. Of the names for consideration, Council preferred either Glynn Family Preserve or Glynn preserve. Interim Village Attorney John Quick noted that per the agreement the naming must include "Glynn Family." ACTION: Motion to Approve the naming of the "Glynn Family Preserve" item V.A. by Don Horton second by Deb Gillis; Motion Passed with a 5.0 vote AYES: Sharon Mahoney, Joseph B. Pinder III, Don Horton, Steve Friedman, Deb Gillis NAYS: None ABSTAIN: None 4179 B. Discussion of Committee Appointments TAB 3 Village Clerk Marne McGrath introduced the discussion, noting that in 2023 the ordinance pertaining to committee appointments was changed. There was a need to stagger the terms, and it was suggested that all appointments be considered at the May meeting, which corresponds with the timing for LPA appointments. Clerk McGrath also noted that each committee should have a Council Liaison. The Council asked for a listing of all committees with vacancies. Appointments of Council Members to external organizations were made. Mayor Sharon Mahoney was appointed to the Florida Keys Transportation Coordinating Committee. Council Member Steve Friedman was appointed to the Florida Keys National Marine Sanctuary Advisory Council and the Florida Keys National Marine Sanctuary Water Quality Protection Program. Vice Mayor Don Horton was appointed to the International Council for Local Environmental Initiatives. ACTION: Motion to Approve Council Liaison Appointments as stated item V.B. by Joseph B. Pinder III second by Steve Friedman; Motion Passed with a 5.0 vote AYES: Sharon Mahoney, Joseph B. Pinder III, Don Horton, Steve Friedman, Deb Gillis NAYS: None ABSTAIN: None VI. MAYOR / COUNCIL COMMUNICATIONS Mayor Sharon Mahoney asked staff to provide information about the regulation of food trucks. Interim Village Attorney John Quick indicated that there are some state regulations, but that overall they were treated the same as restaurants. Council Member Deb Gillis noted the recent sewer line breaks and asked to sit in on any meetings concerning wastewater negotiations. Village Manager Rob Cole stated that they had tried to focus in on a smallest number of people involved to keep it on pace and that engineers were working on the problem. He further noted that he would check on the situation with DPW Director A.J. Engelmeyer and report back to the Council. He noted if the Council felt we weren't making progress, we could revisit the idea. VII. VILLAGE ATTORNEY/VILLAGE MANAGER COMMUNICATIONS There were none. Vill. PUBLIC COMMENT (This is general public comment. It provides an opportunity for the public to speak about matters not scheduled elsewhere on the agenda. The mayor opens public comment on agenda items throughout the meeting.) Mayor Sharon Mahoney opened public comment. Speakers included: 4180 Ty Harris Van Cadenhead Roland Moore Rev. Bruce Haven Taimary Ruiz, Taco Jalisco Joe Wischmeier Alina Davis Tom Raffanello, President of Islamorada Community Alliance There being no one else wishing to speak, Mayor Mahoney closed public comment. IX. CONSENT AGENDA Mayor Sharon Mahoney opened public comment. Speakers included: Joe Wischmeier There being no one else wishing to speak, Mayor Mahoney closed public comment. ACTION: Motion to Approve item IX. by Deb Gillis second by Joseph B. Pinder III; Motion Passed with a 5.0 vote AYES: Sharon Mahoney, Joseph B. Pinder III, Don Horton, Steve Friedman, Deb Gillis NAYS: None ABSTAIN: None A. Approval of November 19, 2024 Regular Meeting Minutes TAB 4 (Marne McGrath, Village Clerk) B. Resolution Renewing an Agreement with RES Florida Consulting, LLC, for Continued Water Quality and Benthic Vegetation Monitoring in Village Canals TAB 5 (Peter Frezza, Environmental Resources Manager) A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, APPROVING A RENEWAL OF THE AGREEMENT BETWEEN ISLAMORADA, VILLAGE OF ISLANDS AND RES FLORIDA CONSULTING, LLC FOR WATER QUALITY AND BENTHIC VEGETATION MONITORING IN VILLAGE CANALS; AUTHORIZING VILLAGE OFFICIALS TO IMPLEMENT THE TERMS AND CONDITIONS OF THE AGREEMENT; AUTHORIZING THE VILLAGE MANAGER TO EXPEND BUDGETED FUNDS; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE RENEWAL; AND PROVIDING FOR AN EFFECTIVE DATE C. Resolution the Final Rankings and Recommendations of the RFP 24- 17 Evaluation Committee for Selection of a Contractor for the 4181 Pickleball Courts and Basketball Court Resurfacing Project TAB 6 (Maria Bagiotti, Founders Park Director) A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, APPROVING THE FINAL RANKINGS AND RECOMMENDATIONS OF THE RFP 24-17 EVALUATION COMMITTEE FOR SELECTION OF A CONTRACTOR FOR THE PICKLEBALL COURTS AND BASKETBALL COURT RESURFACING PROJECT; AUTHORIZING THE VILLAGE MANAGER AND VILLAGE ATTORNEY TO NEGOTIATE AN AGREEMENT FOR THE REQUESTED SERVICES; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT; AUTHORIZING THE VILLAGE MANAGER TO EXPEND BUDGETED FUNDS; AND PROVIDING AN EFFECTIVE DATE D. Resolution Approving Lifescan, Inc., Expenditure Greater than $25,000.00 TAB 7 (Terry Abel, Fire Chief) A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, APPROVING FISCAL YEAR 2024-2025 PURCHASE FROM LIFE SCAN WELLNESS CENTERS, TO PROVIDE ANNUAL PHYSICALS FOR TO THE FIRE RESCUE DEPARTMENT; AUTHORIZING THE VILLAGE MANAGER TO EXPEND BUDGETED FUNDS; AUTHORIZING A WAIVER OF COMPETITIVE BIDDING; AND PROVIDING FOR AN EFFECTIVE DATE E. Resolution Approving Purchase of New Radios TAB 8 (Terry Abel, Fire Chief) RESOLUTION APPROVING PURCHASE OF SIX (6) MOTOROLA APX RADIOS UTILIZING STATE OF FLORIDA STATE BID PRICING FOR FIRE RESCUE SERVICES X RESOLUTIONS A. Resolution Approving and Adoption of the Village's Land Acquisition Action Plan TAB 9 (Peter Frezza, Environmental Resources Manager) A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, APPROVING AND ADOPTING THE VILLAGES LAND ACQUISITION ACTION PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Pete Frezza noted the Village's Comp Plan required a Land Acquisition Action Plan, and one was developed in conjunction with the Land Acquisition Advisory Committee and consultant Rebecca Jetton. The Monroe County Land Authority has our list to keep an eye on whether any of our desired properties come up for sale. It was noted that the Action Plan included a list of properties to add to the Florida Forever program. 4182 Council expressed concerns about potential new taxes as a result of adopting the plan. ACTION: Motion to Approve with addition of language in 5th whereas section to include village stakeholders item X.A. by Don Horton second by Deb Gillis; Motion Passed with a 5.0 vote AYES: Sharon Mahoney, Joseph B. Pinder III, Don Horton, Steve Friedman, Deb Gillis NAYS: None ABSTAIN: None B. Resolution Considering Guidance to Monroe County Board of County Commissioners Regarding any Future BPAS Allocations TAB 10 (Jennifer DeBoisbriand , Planning Director) A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, PROVIDING A RECOMMENDATION TO THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REGARDING THE NUMBER OF ADDITIONAL RESIDENTIAL BUILDING PERMIT ALLOCATIONS THE VILLAGE WOULD LIKE TO RECEIVE IN POTENTIAL FUTURE ALLOCATIONS; REPEALING RESOLUTION NO. 24-10- 122; PROVIDING FOR TRANSMITTAL OF THIS RESOLUTION TO CERTAIN PEOPLE WITH THE COUNTY Planning Director Jennifer DeBoisbriand noted that if the Council wishes to make a different recommendation than the 104.75 allocations voted by the previous council, it must be done tonight as the County needed the Village's recommendation by December 11, 2024. Mayor Sharon Mahoney opened public comment. Speakers included: Van Cadenhead Rick Barrato, on behalf of Tavernier Community Coalition and Florida Keys ROGO Coalition Capt. Ed Davidson, on behalf of Florida Keys Citizens Coalition Tom Raffanello Joe Wischmeier Joan Follmer Sue Miller, on behalf of Islamorada Community Alliance Harold Dalton There being no one else wishing to speak, Mayor Mahoney closed public comment. Vice Mayor Don Horton expressed concerns about taxes, property rights, and takings and recommended asking for additional permits. Council Member Steve Freidman expressed concerns about overdevelopment 4183 and the environment, and noted his displeasure at the effort to overthrow the past council's decision. He contended that 104.75 permits was enough and rejected this attempt to more than double that amount. Council Member Deb Gillis said for her, it was about protecting our resources and our residents from unforeseen taxes due to takings claims. She thought the Village should request more permits, but was flexible on the number being 250. Council Member Joseph B. Pinder III said he favored smart growth and that the Village should ask for, and accept, up to 250 additional permits. Mayor Sharon Mahoney noted she had spoken to some connections in Tallahassee. She was told there were only 220 permits being granted to the entire County and there wouldn't be more without a plan for them. Planning Director Jennifer DeBoisbriand noted the County took the lead and at their commission meeting this month, and they would figure our request into their request to the state. Council Member Joseph B. Pinder III asked Planning Director Jennifer DeBoisbriand for her recommendation. She noted that if the Council couldn't decide, then we could go with the 104.75 the previous council approved, but noted her professional recommendation is 250. After robust discussion, the Council decided that 200 permits would be sufficient. Planning Director DeBoisbriand noted the Council should take the .75 of a permit into consideration and requested they move to request 199.25. ACTION: Motion to Approve the request for an additional 199.25 BPAS permits item X.B. by Don Horton second by Deb Gillis; Motion Passed with a 3.2 vote AYES: Joseph B. Pinder III, Don Horton, Deb Gillis NAYS: Sharon Mahoney, Steve Friedman ABSTAIN: None XI. MOTIONS A. Approval of 2025 Regular and Land Use Council Meetings Calendar TAB 11 (Marne McGrath, Village Clerk) Approve the 2025 Council Meeting Calendar Council requested additional time to decide on some alternate dates and moved the item to be considered first thing at the Thursday, December 12 meeting. XII. 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Islamorada leadership (Village Council) formally asks its Village Manager to discuss management of the Freebee service in Islamorada being absorbed by the County. 2. Village Manager engages the County Administrator 3. County Administrator asks staff to put together a management plan for the Board of County Commissioners to consider a. Management b. Costs c. Timing d. FDOT grant considerations e. Interlocal agreement drafted 4. The BOCC formally votes to accept the plan 5. The plan is presented to the Village Manager 6. Village Manager formally presents the plan to the Village Council 7. Village Council formally votes to accept the plan 8. Interlocal agreement is executed 9. Service management is transferred to Monroe County 4199 Transition Plan for Monroe County Transit: Freebee Service in Islamorada Overview This transition plan outlines the process for Monroe County Transit to take over the management of the Freebee microtransit service in Islamorada, transitioning to the Conch Connect brand. The goal is to integrate this service into the larger framework of transportation services throughout Monroe County, enhancing connectivity and accessibility for residents, workers, and visitors. ------------------------------------------------------------------------------------------------------------------ Infrastructure and Operations - Charging Stations: - Existing charging stations are operational at Islamorada Village Hall. - Sufficient space is available for future capacity expansion to support additional vehicles. - Drivers: - Current drivers are already in place and trained - Vehicles: - Three operational vehicles are currently used for the service. - Vehicles will require rebranding to reflect the Conch Connect creative. ------------------------------------------------------------------------------------------------------------------ Hours of Operation - Current Schedule: - The service currently operates from 7 AM to 12 AM, seven days a week. **Each vehicle currently operates 119 hours per week - Proposed Adjustments: - Consider consolidating hours to align more closely with peak usage times for residents and workers, thereby optimizing service delivery and resource allocation. - Recommended Schedule: Sunday— Wednesday lam — 9pm Thursday lam - 10pm Friday— Saturday lam — 11 pm **Each vehicle to operate a minimum of 84 hours per week ------------------------------------------------------------------------------------------------------------------ 4200 Data Reporting - Integration with Existing Systems: -All operational data from the Islamorada service will be integrated into the existing Conch Connect dashboard used for Key West/Stock Island. - This consolidation will provide a comprehensive overview of Conch Connect operations across Monroe County, facilitating better decision-making and reporting. ------------------------------------------------------------------------------------------------------------------ Fare Structure - Current Fare: - The Islamorada service is currently fare-free. - Proposed Change: - Transition to a $2 fare per rider to align with the overall Conch Connect pricing structure. -Anticipate potential pushback from residents regarding this change, necessitating clear communication and education about the benefits and rationale behind the fare introduction. ------------------------------------------------------------------------------------------------------------------ Marketing Plan - Rebranding Initiative: - Launch a full immersive marketing campaign to reintroduce the service as Conch Connect. - Employ a marketing blitz similar to the successful rollout in Key West/Stock Island, focusing on community engagement and awareness. - Leverage FDOT and South Florida Commuter Services - Community Engagement: - Engage with local stakeholders, including residents, businesses, and community organizations, to gain support for the transition and new fare structure. ------------------------------------------------------------------------------------------------------------------ Mobile App Integration - Rebranding of User App: - The existing user app will be rebranded to Conch Connect, ensuring consistency with the microtransit service launched in Key West/Stock Island. - Enhance user experience by providing updated features and functionalities that reflect the expanded service offerings. ------------------------------------------------------------------------------------------------------------------ 4201 Pricing Alignment - Current Hourly Rate Structure: - The Village of Islamorada currently benefits from a discounted hourly rate due to Freebee's advertising model where Freebee has the ability to sell advertising on the vehicles in exchange for a $120,000 annual discount. - Future PricingStrategy: trategy: - If advertising on vehicles is discontinued, hourly pricing will be aligned with that of Key West/Stock Island to maintain consistency and predictability in fare structures. ------------------------------------------------------------------------------------------------------------------ Implementation Timeline - Phase 1: Initial meetings with Monroe County Transit and stakeholders to outline transition steps and timelines. - Phase 2: Finalize branding and operational logistics, including driver and vehicle preparations. - Phase 3: Launch the rebranded service, implement marketing strategies, and initiate community outreach. - Phase 4: Monitor operations, gather data, and assess community feedback to optimize service. ------------------------------------------------------------------------------------------------------------------ Conclusion This transition plan sets the foundation for Monroe County Transit to successfully manage the Freebee service in Islamorada as part of the Conch Connect brand. 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