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1st Amendment 02/19/2025 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: March 18, 2025 TO: Richard Clark, Executive Director Transit FROM: Liz Yongue, Deputy Clerk SUBJECT: February 19, 2025 BOCC Meeting The following item has been executed and added to the record: C21 1 st Amendment to the Agreement for Microtransit service provider Monroe County, Florida that was executed May 15, 2024 between BeeFree LLC, DBA FreeBee, and Monroe County, Florida, clarifying amounts due under the contract, extending term of the contract to match the term of grant funding, amending business hours of operation, clarifying minimum number of vehicles, specifying cost per operating hour of each vehicle and defining upfront capital costs. There is no change in budget. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 FIRST AMENDMENT TO AGREEMENT FOR MtCROTRANSIT SERVICE PROVIDER MONROE COUNTY, FLORIDA This First Amendment to the Agreement for Microtransit Services is made and entered into this 19th day of FebruaUL 2025, between MONROE COUNTY, a political subdivision of the State of Florida (hereinafter "County"), whose address is I 100 Simonton Street, Key West, Florida 33040, and BEEFREE, LLC, D/B/A FREEBEE, a Florida corporation authorized to do business, ("Contractor"),whose address is 371 NE 61"' Street,Miami, Florida, 33137, WHEREAS, on May 15, 2024, the County and Contractor entered into a one (1) year Agreement for Microtransit Services-, and WHEREAS,the parties have found the Agreement to be mutually beneficial, and WHEREAS,both parties desire to amend the Agreement. NOW,THEREFORE, IN CONSIDERATION of the mutual covenants and agreements herein, and other valuable considerations, the parties agree as follows: 1. Paragraph 5, of the Original Agreement, is hereby amended as follows: 5. CONTRACT SUM AND PAYMENTS TO CONTRACTOR. [_1 C. Total annual Compensation to Contractor under this Agreement shall not exceed Eight 14undfed and Fifty Twe Thousand ($852,000.00) 11-11-f.7 . - - " Be.1-9, payable on a ffleffthl�, basis ef tip to Seventy-01— Dellafs Eight Hundred Thirty Two Thousand ($832 000,00) Dollars. payable on a monthly basis of up to Six iy-Nine Thousand Three Hundred Thirty-Three and Thirty Three 00/100 ($69,333.33)Dollars for services rendered. D. Con tractQr shall bg paid a one -time fee of Tw= Thousand (j20,000.00j_D_Q_1lgs during the first year of this Agreement for eligible capital costs. 1 Paragraph 6, of the Original Agreement, is hereby amended as follows: 6. TERM OF AGREEMENT. This Agreement shall commence on May 15, 2024, and ends on Mwy-4-_5-June 30, 2025 unless terminated earlier under this Agreement. The County shall have the option to renew this Agreement for up to an additional two (2) one-year periods on terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least thirty(30)days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the " term" of this Agreement shall mean the initial term, The County is not required to state a reason if it elects not to renew. 3. Page 2 of Exhibit "A", Scope of Work, of the Original Agreement, is hereby amended as follows: ........... .......... Service Hours 4 am is service span is intended to allow memployees to access their early (6,am,5 am) shifts, and evening employees to return home. 4. Section I on Page 10 of Exhibit "A", Scope of Work, of the Original Agreement, is hereby amended as follows: b. CONTRACTOR will provide five (5) a minimum of six (6) Vehicles including a minimum of (1) one wheelchair accessible vehicle, in compliance with the requirements of the Americans with Disabilities Act (" ADA"), dedicated solely to the COUNTY(the"Vehicles")for the duration of Term. 1_1 d. The CONTRACTOR shall pfey,—,provide Services for the hours of operation Monday— Sunday from 45m*4 am—9om 10 pm daily. The hours of operation can be modified to expand or contract by mutual agreement by both the CONTRACTOR and COUNTY. I...I e. Each of the 4ve-(-54 vehicles will operate for a total of eighty-four(84) hours per week between Monday-Sunday, within the window of the COUNTY' s operating hours. The total amount of vehicle operating hours can be modified to maximize efficiency as ridership data becomes available throughout the Term. CONTRACTOR shall invoice the COUNTY, in accordance with paragraph 5 of the Agfeement, for Services at the hourly rate of $37.28 per hour per vehicle. Such amount shall be offset pursuant to Section 2., paragraph d. of Exhibit A. 5. In all other respects, the Original Agreement dated May 15, 2024, not inconsistent herewith, remains in full force and effect. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 2 IN WITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and year first written above. y �' �.• ,r�";,) R BOARD OF COUNTY COMMISSIONERS • `.,- S � EVIN MADOK, CLERK :OF MONROE COUNTY, FLORIDA P:::iii'''11141taiV:-'1 l\'16,::\kvAN p�c� 4�7' n•b .kyu' ),zAti:tj tT.,,kg',(/?,,,. , ' <\00 i'l" 1, VT-gr-11:';11'-g:t-i-' y-24 it. 'EV' i ,. I A„ - 0 II 0 ‘;,:-a',--1 ,�.8 :- Y " B Y. s� I , ii.' ..., , Nr, '4-0 �� , :.I)e &y Clerk: : Mayor '�-�,`r��.,� ..-�':f Rai� • APPROVED AS TO FORM&LEGAL SUFFICIENCY Mo .unty.Attorney's Office N thalia clues Archer Ass►taut County Attorney BEEFREE, LLC;DEB/A FREEBEE WITNESSE OR CONTRACTOR: A Florida a Corporation ....------• --_, s 1,2 \-------- __et.-:ittl.:r -,..12A. x LA.,,,...'-,--1/0\-C-X--11/4,,,........j ,,,,./.'1' k ! ,,,,----'---- ( ' . a BY: „,-"/ - T ---° S... ature of person authorized:to Print Name: \urnie rezol I ? : egally bind contractor Print Name: J 14,,, 2-') Le..-y Pant Name: f. 4 ri re,C Ilan ti(!,I Title: AI f -• .. -ice . ° ei- 3: :„Z, -"rI .'x^ ,, . rn ,•.< irk". 011=025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER -"5-0�7 Nicole Landrau NAME: Avante-NEA Insurance Group,LLC PHONE I FAx Er, (305)221-2400 1(AIC No,: (3D5)221-2411 E-MAIL rdandrau@avartte4m.com ADDRESS. 8700 W Flagler St,,Suite 401 INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33174 INSURER A: Zurich American Insurance Company 16535 —------------- INSURED INSURER 8: Hartwell Insurance Co Beefree Holdings,Inc;Beefiree,LLC,DBA-Freebee INSURER C: 371 NE 61 st Street INSURER D INSURER E Miami FL 33138 INSURER F: COVERAGES CERTIFICATE NUMBER: 25/26 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TOWHiCH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS R ADVIL SUBR --POLICY EFF POLICY EXP LTR TYPEOFINSURANCE INOL WVO POLICY NUMBER (WMDNYYY) (MWDDffYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,OOD,000 5AWMETZ59MTEff-- 300,OW GLAIMS-MADE NOCCUR PREMISES(Ea occurrencei $ MED FXP(Any one person) $ 5,000 A y GLO375996201 01/01/2025 01/0112026 PERSONAL&ADV INJURY $ 2,DW,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4,000,000 1�2 POLICY F1'RO- F❑JECT LOC PRODUCTS-COMPIOPAGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED INGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per parson) $ A OWNED SCHEDULED y BAP37599MI 0110112025 0110112026 BODILY INJURY(Pet accident) $ AUTOS ONLY AUTOS HIRED NON-OMED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY CFW OPP I PIP $ 10,000 UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAS CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION %A PER AND EMPLOYERS'LIABILITY YIN $ 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE 992025 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? F] NIA M375 6101 01/011 01/01/2026 1,0KOW (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ It yes,de4crIbe under 1,000'000 IDESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Combined Single Limit 1,000,000 B Excess Auto Liability HARTFB2401 01/01/2025 01/01/2026 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The Monroe County Board of County Commissioners,it employees and officials will be included as Additional Insured on all policies,except for Workers' Compensation. "PROVED BY MSK NANAGE"ENT BY, ................ DATE 07.2 WAWFR NiA,X YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners cto Purchasing Dept, ACCORDANCE MTN THE POLICY PROVISIONS. 1100 Simonton Street Room 2-213 AUTHORIZED REPRESENTATIVE Key West FL 33040 0 1988-2016 ACORD CORPORATION. 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