The URL can be used to link to this page

Home My Public Portal About2002 AgreementJune 11, 2002 Councilmember Fried made an amending motion to delete "dock line" and insert "bulkhead" in subsection 4. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Peters made an amending motion to add "Village Waterways and" to the title. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Vice Mayor Oldakowski made an amending motion to add "and must be docked parallel to the bulkhead" and the end of subsection 3. The motion was seconded by Councilmember Peters and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters and Vice Mayor Oldakowski voting Yes. Mayor Rasco voting No. Vice Mayor Oldakowski made an amending motion to delete the last sentence of subsection 4. The motion was seconded by Councilmember Peters and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The ordinance as amended was adopted on second reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 6. RESOLUTIONS: There were no resolutions considered by Council. 7. REPORTS AND RECOMMENDATIONS: The following items were discussed: At this time Item 10D1 under the Village Manager was heard. The Manager addressed the Council recommending a six-month trial transportation program for senior residents on Key Biscayne. Roxy Lohuis, Coordinator of Senior Services, addressed the Council regarding this issue. Councilmember F ried m ade a m otion t o a dopt a nd i mplement t he r ecommendations from t he Manager regarding senior transportation, as stated in her memorandum to the Village Council of June 11, 2002 for a 6 months trial period at a cost not to exceed $12,470. The motion was seconded by Councilmember Broucek. Larry Radzville, 77 Crandon Boulevard and Michael Kahn, 881 Ocean Drive addressed the Council. The motion was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, 3 of June 11, 2002 �Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Mayor and Councilmembers. Vice Mayor Oldakowski addressed the Council regarding establishing a framework for Council initiated referenda. It was the consensus of Council to direct the Attorney to look into this matter and report back to Council at the July 2, 2002 Council Meeting. Vice Mayor Oldakowski addressed the Council regarding re -zoning of the 700 block of Fernwood Road from duplex to single-family. Director Kurlancheek addressed the Council regarding this issue. Councilmember Broucek made a motion to extend the meeting to 11:20 p.m. The motion was seconded by Vice Mayor Oldakowski and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmembers Bass and Fried voting No. Kathy King, 745 Fernwood Road and Michael Kahn, 881 Ocean Drive addressed the Council. It was the consensus of Council to direct the Attorney to look into this matter. Vice Mayor Oldakowski requested consensus from Council to direct the Manager to bring back a recommendation to the Council at the July 2, 2002 regarding the Community Center. There was no objection from Council regarding this request. Councilmember Fein excused himself from the meeting at 11:00 p.m. Councilmember Bass addressed the Council regarding the purchase of the Citgo Gas Station. Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk submitted to the Council a copy of the following proclamations issued by the Office of the Mayor during the months of May and June: proclaiming May 20, 2002 as Cuba's Centennial Commemorative Day; proclaiming May 29, 2002 as Darlene Mooney Day and proclaiming Dr. James W. Moye. Village Manager. The Manager addressed the Council proposing Tuesday, July 2, 2002 to hold a Budget Workshop before the Regular Council Meeting. The Clerk was directed to work with the Manager on another date to hold this workshop. 4of5 VILLAGE OF KEY BISCAYNE AGREEMENT FOR TRANSPORTATION SERVICES THIS AGREEMENT, made and entered into this day of ✓A 2002, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and BMB Luxury Transportation Service, Florida Corporation, (BMB). RECITALS: The VILLAGE wants to engage the BMB to conduct a six (6) month trial 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: 1. 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 twelve (12) weekly hours, will be Four Hundred Eighty Dollars ($480.00) 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 will pay 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 October 1st 2002 and the service will run three (3) days a week (Tuesday, Wednesday, and Thursday) for four (4) hours a day (09:00 AM to 13:00 PM). 4. Insurance The Village of Key Biscayne will be 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 shall state 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. V of KB-BMB Contract 8-27-02 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 attomeys' 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: V of KB-BMB Contract 8-27-02 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 construeted 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. V of KB-BMB Contract 8-27-02 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 By: Rafael A. McCausland BMB Director Authorized by Resolution Approved as to Legal sufficiency VILLAGE: Village of Key Biscayne 85 West McIntyre Street Ke Biscayne, FL 33149 line R. Men dez ? . _------ Villag Man Village Atto ney V of KB-BMB Contract 8-27-02 doc 5/5