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HomeMy Public PortalAbout2003-19 Agreement with BMB TransportationRESOLUTION NO. 2003-19 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH BMB TRANSPORTATION TO EXTEND THE TRANSPORTATION PROGRAM FOR SENIOR RESIDENTS OF KEY BISCAYNE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 18, 2003, the Village Council made a motion to accept the Village Manager's recommendation to extend the Senior Transportation Program for an additional six (6) months. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached Agreement, on behalf of the Village, with BMB Transportation. Section 2. That BMB Transportation will continue to provide transportation services to senior residents of Key Biscayne. Section 3. Funding for the program will be the Miami -Dade County People's Transportation Plan (%2 penny sales tax). Section 4. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 24th day of June , 2003. AZ (441,11 ( -.:- MAYOR ROBERT OLDAKOWSKI CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS T ( ORM AND LEGAL SUFFICIENC RICHARD JAY A S , VILLAGE ATTORNEY VILLAGE OF KEY BISCAYNE AGREEMENT FOR TRANSPORTATION SERVICES THIS AGREEMENT, made and entered into this o day o X2003, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE' and BMB Luxury Transportation Service, Florida Corporation, (BMB). RECITALS: The VILLAGE wants to engage BMB in a six (6) month extension of the transportation program for the senior residents of Key Biscayne. BMB wants to provide such services. In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 9. Scope of Services BMB agrees to provide transportation services (operating a sedan with bilingual chauffeurs) to pre -registered senior residents of Key Biscayne with a free local island transportation, restricted to within the Village limits with the exception of the following areas that could be used as destinations by the seniors: A) Bill Baggs State Park restaurants & B) Crandon Park Golf Course and Nature Center. Service Structure a) Door to door service: BMB will provide transportation beginning at the senior's door or entrance of the residents building to the door or designated drop of location at the destination sites. The service will provide assistance with packages to the front door or to the elevator at the grade level of the Resident's or visiting location building. Vehicle operators will go no further than the lobby of building for pick-up or drop-off. In order to maximize efficient response time, all passengers must be dressed, ready and waiting for pick-up. The driver will wait five (5) minutes. When different users have a common destination, shared rides will be implemented to ensure efficient operation and less waiting time. These conditions will be coordinated through the office of the Recreation Department. b) Reservations: Senior will schedule the time for pick-up by contacting the Office of Senior Services 24 hours in advance. A list of reservation for the following day will be faxed to BMB by 17:00 PM of the previous day. Two-way communication will be maintained between the BMB driver and the Office of Senior Services through the use of a radio, which will be provided by BMB at no cost to the Village. c) Drop-off and Pick-up sites: In order to avoid confusion and disorientation, specific drop-off and pick-up points will be designated at The Galleria, The Square, Winn Dixie, and other retail center. The senior will also be picked up from other locations from their initial trip. 2. Fees for Services Cost of transportation, based on eighteen (18) weekly hours, will be Seven Hundred Twenty Dollars ($720.00) per week. Payment should be made bi- weekly. On 14th & 28th of each month, BMB will present an Invoice itemizing services rendered the prior two (2) weeks of the date of the Invoice. Tips are not encouraged or required. Deposit Village of Key Biscayne has paid a Two Thousand dollars ($2,000.00) deposit, which will be applicable to the last month of the contract, in the event that this contract is not renewed. 3. Term The term of this Agreement shall be six (6) months, starting April 1st 2003 and the service will run three (3) days a week (Tuesday, Wednesday, and Thursday) for six (6) hours a day (09:00 AM to 15:00 PM). 4. Insurance The Village of Key Biscayne has been included in BMB's Insurance Policy (Liability Insurance) as additional insured with respect to operations of named insured only. (Automobile Liability combined single limit —per accident- $1,000,000.00). Insurance policy states that it is not cancelable without written notice to the VILLAGE 30 days prior to the effective date of said cancellation. 5. Assignment This agreement shall not be assignable by BMB. 6. Prohibition Against Contingent Fees BMB warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for BMB, 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 BMB any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. VofKB-BMBContract4-01-03.doc 2/5 7 Termination This Agreement may be terminated by the VILLAGE upon thirty (30) days written notice with or without cause and by BMB upon thirty (30) days written notice with or without cause. If this Agreement is terminated, the Village will pay for all transportation services up to the date of termination. 8 Nonexclusive Agreement The services to be provided by BMB pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE's sole and absolute discretion. 9. Entire Agreement The parties hereby agree that this is the entire Agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. 10. Additional Services Additional services shall be authorized by the VILLAGE in writing in advance and paid for on a time charge basis at the hourly rates agreed to prior to the work being performed. 11. Warranties of Contractor BMB hereby warrants and represents that 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 necessary to perform the specified services. All work to be performed by BMB under this Agreement shall be diligently performed in a professional, businesslike manner. 12. Attorneys Fees In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and court costs, including such fees and costs incurred in trial and appellate proceedings. The parties recognize that other provisions of this Agreement provide consideration for this provision. 13. Notices All notices and communications to the VILLAGE shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: VofKB-BMBContract4-01-03.doc 3/5 VILLAGE: With a copy to: BMB: Jacqueline R. Menendez Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 Richard J. Weiss, Esquire Village Attorney Weiss Serota Helfman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive, Suite 420 Key Biscayne, FL 33149 Rafael A. McCausland BMB Luxury Transportation Services, Corp. 1110 Brickell Avenue Suite # 430 Miami, FL 33131 14. Governing Law This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any litigation arising out of this Agreement shall be in the Florida State Courts in Miami -Dade County, Florida. 15. Indemnification BMB shall, at all times hereafter, indemnify and hold harmless the VILLAGE, its agents, servants and employees from and against any claim demand or cause of action of any kind or nature (including reasonable attorney fees) arising out of negligent act, error or omission of BMB, its agents, servants, or employees in the performance of services under this Agreement. 16. Relationship of Parties Nothing contained in this Agreement shall be deemed or construed to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between BMB and VILLAGE, it being expressly understood and agreed that the relationship created by this Agreement is that of an independent contractor. VofKB-BMBContract4-01-03.doc 4/5 IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. BMB: BMB Luxury Transportation Service, Corp. 1110 Brickell Avenue Suite #430 Miami, FL 33131 VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 By: Rafael A. McCausland By' .. cq ne R. Menendez BMB Director / Vill . • e M . ag Authorized by Resolution Approved as to Legal sufficiency Village Clerk Village A me VofKB-BMBContract4-01-03 doc 5/5 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) 03/27/2003 PRODUCER (800) 333-7754 Rodes-Roper-Love Insurance Agency 158 N. Harbor City Blvd. Melbourne, FL 32935 FAX (321)757-6182 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED BMB LUXURY TRANSPORTATION SERVICE CORP. 1110 BRICKELL AVENUE #430 MIAMI, FL 33131 INSURER A: NORTHLAND INSURANCE CO. INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY TP221913 12/11/2002 12/11/2003 EACH OCCURRENCE $ 1,000,000 X FIRE DAMAGE (Any one fire) $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: n PR n LOC PRODUCTS - COMP/OP AGG $ nPOLICY A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS TP221913 12/11/2002 12/11/2003 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LABILITY WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED WITH RESPECT TO OPERATIONS OF NAMED INSURED ONLY: 2000 FORD E350 VAN 1FBSS31L2YHA40918 2000 MERCEDES BENZ SEDAN Sedan WDB]F65]6YB154587 CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION VILLAGE OF KEY BISCAYNE ATTN: ROXY LOHUIS 88 WEST MCINTYRE KEY BISCAYNE, FL 33149 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILIT OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Kimberlee Orwig/MMH ACORD 25-S (7/97) FAX: (305)379-6442 ©ACORD CORPORATION 1988