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HomeMy Public PortalAbout2023-33 Selecting BeeFree LLC D/B/A FreeBee for on-demand transit servicesRESOLUTION NO. 2023-33 A RE SOLUTION OF THE VILLAGE COUN CIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING AND AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND EXECUTE AN AGRE EMENT WITH BEEFRE E, LLC D/B/A FRE EBEE FOR ON-DEMAND TRA NSIT SERVICES IN AN AMOUNT NOT TO EXCEED $609,246.00 ANNUALLY; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. W HERE AS, on March 20, 2023, the Village of Key Biscayne (the "Village") issued Request for Proposal No. 2023-02 (the "RFP") for mobile-based, on-demand transit services (the "Services"); and W HERE AS, two sealed proposals were received by the RFP deadline; and W HERE AS, on May 10, 2023, an Evaluation Committee appointed by the Village Manager evaluated the proposals submitted by the RFP deadline and ranked BeeFree, LLC d/b/a FreeBee (the "Contractor") as the highest ranked firm; and W HERE AS, the Village Council desires to select the Contractor to provide the Services and authorize the Village Manager to negotiate and execute an agreement with the Contractor in an amount not to exceed $609,246.00 annually in substantially the form attached hereto as Exhibit "A;" and W HERE AS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE , BE IT RE SOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORI DA, AS FOLLOWS: Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. S e c tio n 2 . Services. Section 3. Selection. That the V illage Council hereby selects the Contractor fo r the Authorization. That the Vill age Council hereby authorizes the Village M anager to negotiate and execute an agreem ent w ith the Contra ctor in an am ount not to exceed $609,246.00 ann ually in substantially the fo rm attached hereto as Exhibit "A," subject to the V illage Attorn ey's appro val as to fo rm , content, and legal sufficiency. If an agreement cannot be reached w ith the Contra ctor, the V illage M anager is authorized to negotiate and execute an agreem ent w ith the next highest rank ed firm (s), in order of ra nk ing, as pro vided in the Staff M em ora ndum supporting this Resolution, until an agreement in the best interest of the Village is reached. Section 4. adoption. Effective Date. That this Resolution shall be effective immediately upon PASSED and ADOPTED this 6th day of l1!!J& 2023. ~ JO E I. RA SCO , M AYOR A T TE ST: V ILLA G E CLERK S TO FO RM AN D LEG A L SU FFICIE N CY : J~ WE ISS SER OTA HELFM A N CO LE & BIE RM A N , P.L. V ILLA G E A TTO RN EY 2 E X H IB IT A Professional Services Agreement D o cuS ig n E nvelo p e ID : 14 E 8 FE 8 8-D B 2 4 -4 5 D F-820 A -3C B 53662388D PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND BEEFREE, LLC /"- THIS AGREEMENT (this "Agreement") is made effective as of the t, - day of :fv ll, , 2023 (the "Effective Date"), by and between the VILLAGE OF KEY BIS A YNE, FLORIDA, a Florida municipal corporation, (the "Village"), and BEEFREE, LLC, D/B/A FREEBEE, a Florida Limited Liability Company (hereinafter, the "Contractor"). WHEREAS, the Village desires ce1tain Village-wide On-demand transit services (the "Services") as described in the Scope of Services attached hereto as Exhibit "A"; and WHEREAS, on March 20, 2023, the Village issued Request for Proposal No. 2023-02 ("RFP") for the Services; and WHEREAS, in response to the RFP the Contractor submitted a proposal to perform the Services on behalf of the Village, as set forth in the Contractor's Proposal attached hereto as Exhibit "B" (the Proposal"); and WHEREAS, the Services shall be provided in the areas identified in the On-Demand Service Area Map attached hereto as Exhibit "C"; and WHEREAS, the Contractor and Village, through mutual negotiation, have agreed upon a fee for the Services in the Rate Schedule attached hereto as Exhibit "D"; and WHEREAS, the Village desires to engage the Contractor to perform the Services and provide the deliverables as specified below. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Contractor and the Village agree as follows: 1. Scope of Services. 1.1. Contractor shall utilize six (6) to nine (9) vehicles, as may be requested by the Village, in the provision of the Services described in the Scope of Services attached hereto as Exhibit "A" and the Contractor's Proposal attached hereto as Exhibit "B," which exhibits are incorporated herein by reference (the "Services"). Contractor shall ensure that the Services are only provided within the service area outlined in the On-Demand Service Area Map attached hereto as Exhibit "C." 1.2. Contractor shall furnish all reports, documents, and information obtained pursuant to this Agreement, and recommendations during the term of this Agreement (hereinafter "Deliverables") to the Village. 2. Term/Commencement Date. Contract No. 2023- Page 1 of 11 D o cuS ig n E n ve lop e ID : 14 E 8 F E 8 8 -D B 24 -4 5 D F-82 0A -3C B 53662388D 2.1. The term of this Agreement shall be from the Effective Date through three (3) years thereafter, unless earlier terminated in accordance with Paragraph 8. Additionally, the Village Manager may renew this Agreement for two (2) additional one ( l) year periods on the same terms as set forth herein upon written notice to the Contractor. 2.2. Contractor agrees that time is of the essence and Contractor shall complete the Services within the term of this Agreement, unless extended by the Village Manager. 3. Compensation and Payment. 3.1. Compensation for Services provided by Contractor shall be in accordance with the Rate Schedule attached hereto as Exhibit "D" in an amount not to exceed $609,246 annually. Payments to the Contractor shall be made in twelve (12) monthly installments in accordance with the rates included in the Rate Schedule attached hereto as Exhibit "D." 3.2. Contractor shall deliver an invoice to Village no more often than once per month detailing Services completed and the amount due to Contractor under this Agreement. Fees shall be paid in arrears each month, pursuant to Contractor's invoice, which shall be based upon the percentage of work completed for each task invoiced. The Village shall pay the Contractor in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the Village Manager. 3.3. Contractor's invoices must contain the following information for prompt payment: 3.3.1. Name and address of the Contractor; 3.3.2. Purchase Order number; 3.3.3. Contract number; 3.3.4. Date of invoice; 3.3.5. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers will be rejected); 3.3.6. Name and type of Services; 3.3.7. Timeframe covered by the invoice; and 3.3.8. Total value of invoice. Failure to include the above information will result in the delay of payment or rejection of the invoice. All invoices must be submitted electronically to payables@keybiscayne.fl.gov. 4. Subcontractor. 4.1. The Contractor shall be responsible for all payments to any subcontractor and shall maintain responsibility for all work related to the Services. 4.2. Contractor may only utilize the services of a particular subcontractor with the prior written Contract No. 2023- Page 2 of 11 D o cuS ig n E nvelo p e ID : 14 E 8 F E 8 8-D B 24 -45 D F-82 0A -3C B 53662388D approval of the Village Manager, which approval may be granted or withheld in the Village Manager's sole and absolute discretion. 5. Village's Responsibilities. 5.1. Village shall make available any maps, plans, existing studies, reports, staff and representatives, and other data pertinent to the Services and in possession of the Village, and provide criteria requested by Contractor to assist Contractor in performing the Services. 5.2. Upon Contractor's request, Village shall reasonably cooperate in arranging access to public information that may be required for Contractor to perform the Services. 6. Contractor's Responsibilities; Representations and Warranties. 6.1. The Contractor shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily provided by a Contractor under similar circumstances. If at any time during the term of this Agreement or within two (2) years from the completion of this Agreement, it is determined that the Contractor's Deliverables or Services are incorrect, not properly rendered, defective, or fail to conform to Village requests, the Contractor shall at Contractor's sole expense, immediately correct its Deliverables or Services. 6.2. The Contractor hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws applicable to and necessary to perform the Services for Village as an independent contractor of the Village. Contractor further warrants and represents that it has the required knowledge, expertise, and experience to perform the Services and carry out its obligations under this Agreement in a professional and first class manner. 6.3. The Contractor represents that is an entity validly existing and in good standing under the laws of Florida. The execution, delivery and performance of this Agreement by Contractor have been duly authorized, and this Agreement is binding on Contractor and enforceable against Contractor in accordance with its terms. No consent of any other person or entity to such execution, delivery and performance is required. 7. Conflict oflnterest. 7.1. To avoid any conflict of interest or any appearance thereof, Contractor shall not, for the term of this Agreement, provide any consulting services to any private sector entities (developers, corporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in the Village. 8. Termination. Contract No. 2023- Page 3 of 11 D o cuS ig n E nve lo pe ID : 14 E BFE 88-D B 24-45D F-820A-3C B53662388D 8.1. The Village Manager, without cause, may terminate this Agreement upon five (5) calendar days' written notice to the Contractor, or immediately with cause. 8.2. Upon receipt of the Village's written notice of termination, Contractor shall immediately stop work on the project unless directed otherwise by the Village Manager. 8.3. In the event of termination by the Village, the Contractor shall be paid for all work accepted by the Village Manager up to the date of termination, provided that the Contractor has first complied with the provisions of Paragraph 8.4. 8.4. The Contractor shall transfer all books, records, reports, working drafts, documents, maps, and data pertaining to the Services and the project to the Village, in a hard copy and electronic format within fourteen (14) days from the date of the written notice of termination or the date of expiration of this Agreement. 9. Insurance. 9.1. Contractor shall secure and maintain throughout the duration of this agreement insurance of such types and in such amounts not less than those specified below as satisfactory to Village, naming the Village and Miami-Dade County as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the Village, its officials, employees, agents, and volunteers naming the Village and Miami­ Dade County as additional insured. Any insurance maintained by the Village and/or Miami-Dade County shall be in excess of the Contractor's insurance and shall not contribute to the Contractor's insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the Village as it deems necessary or prudent. 9.1.1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000 each. 9.1.2. Workers Compensation and Employer's Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer's Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Contractor shall be allowed to provide Services pursuant to this Agreement who is not covered by Worker's Compensation insurance. 9.1.3. Business Automobile Liability with minimum limits of$1,000,000 per occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Contract No. 2023- Page 4 of 11 D o cu S ig n E nve lo p e ID : 14 E 8FE 88-D B 24-45D F-820A-3C B53662388D Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles. 9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, single limit. 9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the Village, reflecting the Village and Miami-Dade County as an Additional Insured (except with respect to Professional Liability Insurance and Worker's Compensation Insurance), no later than ten (I 0) days after award of this Agreement and prior to the execution of this Agreement by Village and prior to commencing Services. Each certificate shall include no less than (30) thirty-day advance written notice to Village prior to cancellation, termination, or material alteration of said policies or insurance. The Contractor shall be responsible for assuring that the insurance certificates required by this Section remain in full force and effect for the duration of this Agreement, including any extensions or renewals that may be granted by the Village. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Agreement and shall state that such insurance is as required by this Agreement. The Village reserves the right to inspect and return a certified copy of such policies, upon written request by the Village. If a policy is due to expire prior to the completion of the Services, renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the Village before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the Village. 9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker's Compensation Insurance, the Village and Miami-Dade County are to be specifically included as an Additional Insured for the liability of the Village resulting from Services performed by or on behalf of the Contractor in performance of this Agreement. The Contractor's insurance, including that applicable to the Village as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the Village shall be in excess of and shall not contribute to the Contractor's insurance. The Contractor's insurance shall contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured (for applicable policies) in the same manner as if separate policies had been issued to each. 9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably approved by the Village. The Contractor shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim. 9.5. The provisions of this section shall survive termination of this Agreement. 10. Nondiscrimination. During the term of this Agreement, Contractor shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, Contract No. 2023- Page 5 of 11 D ocu S ig n E nvelo pe ID : 14 E 8 F E 88-D B 24-45D F-820A-3C B53662388D sex, or national ongm, and will abide by all Federal and State laws regarding nondiscrimination. 11. Attorneys Fees and Waiver of Jury Trial. 11.1. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. 11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY. 12. Indemnification. 12.1. Contractor shall indemnify and hold harmless the Village, its officers, agents and employees, from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment or damages, arising from Contractor's performance or non­ performance of any provision of this Agreement, including, but not limited to, liabilities arising from contracts between the Contractor and third parties made pursuant to this Agreement. Contractor shall reimburse the Village for all its expenses including reasonable attorneys' fees and costs incurred in and about the defense of any such claim or investigation and for any judgment or damages arising from Contractor's performance or non-performance of this Agreement. 12.2. Contractor shall indemnify and hold harmless the Miami-Dade County, its officers, agents and employees, from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment or damages, arising from Contractor's performance or non-performance of any provision of this Agreement, including, but not limited to, liabilities arising from contracts between the Contractor and third parties made pursuant to this Agreement. Contractor shall reimburse Miami-Dade County for all its expenses including reasonable attorneys' fees and costs incurred in and about the defense of any such claim or investigation and for any judgment or damages arising from Contractor's performance or non-performance of this Agreement. 12.3. Nothing herein is intended to serve as a waiver of sovereign immunity by the Village or Miami-Dade County nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. The Village and Miami-Dade County are subject to section 768.28, Florida Statutes, as may be amended from time to time. 12.4. The provisions of this section shall survive termination of this Agreement. 13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal Contract No. 2023- Page 6 of 11 D o cuS ig n E nvelo p e ID : 14 E 8 FE 8 8-D B 24 -45 D F-82 0A -3C B 53662388D service, addressed to the parties (or their successors) at the addresses listed on the signature page of this Agreement or such other address as the party may have designated by proper notice. 14. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any proceedings arising out of this Agreement shall be proper exclusively in Miami-Dade County, Florida. 15. Entire Agreement/Modification/Amendment. 15.1. This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 15.2. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 16. Ownership and Access to Records and Audits. 16.1. Contractor acknowledges that all inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, compiled information, and all similar or related information (whether patentable or not) which relate to Services to the Village which are conceived, developed or made by Contractor during the term of this Agreement ("Work Product") belong to the Village. Contractor shall promptly disclose such Work Product to the Village and perform all actions reasonably requested by the Village (whether during or after the term of this Agreement) to establish and confirm such ownership (including, without limitation, assignments, powers of attorney and other instruments). 16.2. Contractor agrees to keep and maintain public records in Contractor's possession or control in connection with Contractor's performance under this Agreement. The Village Manager or her designee shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine and audit any records of the Contractor involving transactions related to this Agreement. Contractor additionally agrees to comply specifically with the provisions of Section 119.070 I, Florida Statutes. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the Village. 16.3. Upon request from the Village's custodian of public records, Contractor shall provide the Village with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. Contract No. 2023- Page 7 of 11 D o cuS ig n E n ve lo p e ID : 14 E 8 F E 88 -D B 24 -4 5 D F-8 20 A -3C B 53662388O 16.4. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the Village. 16.5. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Contractor shall be delivered by the Contractor to the Village Manager, at no cost to the Village, within seven (7) days. All such records stored electronically by Contractor shall be delivered to the Village in a format that is compatible with the Village's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 16.6. Any compensation due to Contractor shall be withheld until all records are received as provided herein. 16.7. Contractor's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the Village. 16.8. Notice Pursuant to Section 119.0701(2)(a). Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Jocelyn B. Koch Mailing address: Telephone number: Email: 88 West McIntyre Street Key Biscayne, FL 33149 305-365-5506 ikoch@keybiscayne.fl.gov 17. Nonassignability. This Agreement shall not be assignable by Contractor unless such assignment is first approved by the Village Manager. The Village is relying upon the apparent qualifications and expertise of the Contractor, and such firm's familiarity with the Village's area, circumstances and desires. 18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. Contract No. 2023- Page 8 of 11 D o cu S ig n E nvelo p e ID : 14 E 8FE 88-O B 24-45D F-820A-3C B53662388D 19. Independent Contractor. The Contractor and its employees, volunteers and agents shall be and remain an independent contractor and not an agent or employee of the Village with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties. 20. Compliance with Laws. The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. 21. W aiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 23. Prohibition of Contingency Fees. The 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(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 24. Public Entity Crimes Affidavit. Contractor shall comply with Section 287.133, Florida Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 25. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 26. Conflicts; Order of Priority. This document without exhibits is referred to as the "Base Agreement." In the event of a conflict between the terms of this Base Agreement and any exhibits or attachments hereto, or any documents incorporated herein by reference, the conflict shall be resolved in the following order of priorities and the more stringent criteria for performance of the Services shall apply: 26.1.1. First Priority: Base Agreement; 26.1.2. Second Priority: Exhibit "A," the Scope of Services; 26.1.3. Third Priority: Exhibit "D," the Rate Schedule; 26.1.4. Fourth Priority: Exhibit "C," the On-Demand Service Area Map; and 26.1.5. Fifth Priority: Exhibit "B," Contractor's Proposal. 27. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing business with the Village to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The Village will not enter Contract No. 2023- Page 9 of 11 D o cuS ig n E n velo pe ID : 14 E 8 F E 8 8-D B 24 -4 5 D F-8 20 A -3C B 5366 2388D into a contract unless each patty to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity's participation/enrollment in E-Verify, please visit: https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment­ in-e-verify. By entering into this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and incorporated herein. [Remainder of page intentionally left blank. Signature pages follow.] Contract No. 2023- Page 10 of 11 D o cuS ig n E nvelo p e ID : 14 E 8 FE 88-D B 24-45D F-820A-3C B53662388D IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first stated above. VILLAGE OF KEY BISCAYNE CONTRACTOR G DocuSlgned by: By:Y !=g~~~iUi~Sb~ Steven C. Williamson Village Manager Attest: By: _ ___.,~~~------- Name:_/_J_a_so_n_S_p_ie_g_e_l _ Title: M_a_n_a_g_in_g_P_a_rt_n_e_r _ ~og~~!f-oJ----. Village Clerk Approved as to form and legal sufficiency: I, DocuSigned by: By: l2::~~:~!:1~ Weiss Serota Helfman Cole & Bierman, P.L. Village Attorney Addresses for Notice: Village of Key Biscayne Attn: Village Manager 88 West McIntyre Street Key Biscayne, FL 33149 305-365-5514 (telephone) 305-365-8936 (facsimile) swilliamson@keybiscayne.fl.gov (email) With a copy to: Weiss Serota Helfman Cole & Bierman, P.L. Attn: Chad Friedman, Esq. Village of Key Biscayne Attorney 2800 Ponce de Leon Boulevard, Suite 1200 Coral Gables, FL 33134 cfriedman@wsh-law.com (email) Addresses for Notice: Beefree LLC Attn: Jason Spiegel 371 NE 61 st St Miami FL 33137 -~3=05~·=33=0~-9~4=5=0 (telephone) ____________ (facsimile) _ja~s~o~n_®~r~id~e~f_re~e~b~e~e~.c~o~m~ __ ( email) With a copy to: Switkes & Zappala, Esq. Attn: Brad Zappala 407 Lincoln Rd, PH SE Miami Beach, FL 33139 305-534-4 757 (telephone) ____________ (facsimile) bzappala@switkeslaw.com (email) Contract No. 2023- Page 11 of 11