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Agenda1 11.PALM BEACH COUNTYBOARD OF COUNTY COMMISSIONERSAGENDA ITEM -------------------------[X]Meeting Date: September 10, 2019Consent[ ] Regular[ ] Workshop[] Public HearingSubmitted By: Department of ---------------------------I. EXECUTIVE BRIEFMotion and Title: Staff recommends motion to approve: a Consent to Assignment andAssumption of Agreement (Consent) with SE Florida Transportation, LLC, a Florida limitedliability company (SEFT) and WHC WPB, LLC, a Florida limited liability company (WHC) forthe assignment and assumption of the Airport Ground Transportation Concession Agreementat the Palm Beach International Airport (PBI) (R-2015-0776, as amended) (ConcessionAgreement), effective upon Board approval.Summary: SEFT provides on-demand ground transportation services at PBI pursuant to theConcession Agreement, which expires September 30, 2020. SEFT has requested theCounty's consent to assign the Concession Agreement to WHC. SEFT is a subsidiary ofTransdev On-Demand (Transdev), which is divesting its interest in taxi operations throughoutthe United States. WHC has assumed agreements from Transdev, or its subsidiaries, in othersimilar markets, including agreements with the Dulles International Airport, Jacksonville nternational Airport, and Kansas City Area Transportation Authority. WHC has assumedSEFT's interest in the existing Airport Concessions Disadvantaged Business Enterprise(ACDBE) subcontracts with Imperial Transportation PBC, Inc., and Medi-Wheels of the PalmBeaches, Inc., and WHC will continue to utilize their services through the remainder of theConcession Agreement. WHC also will maintain its local management, dispatchers anddrivers. WHC has provided payment security equal to 50% of the minimum annual guarantee.The terms and conditions of the existing Concession Agreement remain unchanged.Countywide (AH)Background and Justification: The Concession Agreement requires the County's consentto an assignment. The assignment and assumption will be effective upon Board approval.Attachments:1.Consent ----------------------Recommended By:cl.iaA/l &ADepartm nt DirectorApproved By:County Administrator81.:iI I IJ Dafe IDate ./
II. FISCAL IMPACT ANALYSIS,.A. Fuve Year Summary of Fiscal Impact:Fiscal Years"'2019202000 .:.:"'. ·.lt 202120222023000Capital ExpendituresOperatnng CostsOperating RevenuesProgram Income (County)ln .Kind Match (County)NET FISCAL IMPACT# ADDITIONAL FTEPOSITIONS (Cumulative)Is Item ncluded in Current Budget?YesNoDoes this item include the use of federal funds? YesNo lLBudget Account No:FundDepartmentReporting Category--Unit--Rsource --B. Recommended Sources of Funds/Summary of Fiscal Impact:There is no fiscal impact associated with this Consent. The Concession Agreement will beassigned with no change in payments made to the County.C. Departmental Fiscal Review:Ill. REVIEW COMMENTSA. OFMB Fiscal and/or Contract Development and Control Comments: LJ.;N\fxL1 i- /19 0FMB j)) 1 i;,B. Legal Sufficiency:q\C. Other Department Review:Department DirectorREVISED 11/17(TH SSUMMARY IS NOT TO BE USED AS A BASIS FOR PAYMENT)G:\AGENDJ., ITEMS\2019 Final Agenda ltems\9-10-19\Ground Transp Consent to Assignment - approve.docx
ACORD DATE (MM/DDNYYY)ICERTIFICATE OF LIABILITY INSURANCE08/20/2019THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE 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 onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).CONTACTNAME:PHONEri} Nol: (480) 951-4266lA/C No Ext\: (480) DRESS:PRODUCERAndrew Atsavesc/o Artex Risk Solutions, Inc.8840 E. Chaparral Rd.; Suite 275Scottsdale, AZ 85250IINSURER( ) AFFORDING COVERAGENAIC#INSURER A: American Zurich Insurance CompanyINSUREDAxcet HR Solutions, Inc. Alt. Emp: WHC WPB, LLC8325 Lenexa Dr. Suite 41 OLenexa, KS RERF:CERTIFICATE NUMBER: 19KS002996645COVERAGESREVISION NUMBER:THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.ADDL SUBRINSRPOLICYEFFPOLICY EXPTYPE OF INSURANCELIMITSINJ::n 1NVnPOLICY NUMBERLTRIMM/DDNYYYl IMM/DDNYYYlCOMMERCIAL GENERAL LIABILITYEACH OCCURRENCE DAMAGE TO RENTED CLAIMS-MADE DOCCURPREMISES Ea occurrence) MED EXP (Any one person) -- ---FlGEN'LAGGREGATE LIMIT APPLIES PER:POLICY DPROJECTfOMBINED SINGLE LIMITEa accident)BODILY INJURY (Per person)f-----UMBRELLA LIABEXCESS LIABIA - OTHER:AUTOMOBILE LIABILITYANY AUTOOWNEDAUTOS ONLYHIREDAUTOS ONLY GENERAL AGGREGATEPRODUCTS - COMP/OP AGGDLoc PERSONAL & ADV INJURYSCHEDULEDAUTOSNON-OWNEDAUTOS ONLY BODILY INJURY (Per accident) PROPERTY DAMAGE Per accident) HOCCURCLAIMS-MADEEACH OCCURRENCE AGGREGATE IDEDRETENTION WORKERS COMPENSATIONAND EMPLOYERS' /MEMBER EXCLUDED?D(Mandatory in NH)If yes, describe underDESCRIPTION OF OPERATIONS below x I f TUTENIAWC 10-56-006-0405/01/201905/01/2020II OTHERE.L. EACH ACCIDENT08/01/201905/01/2020 1,000,000E.L. DISEASE - EA EMPLOYEE 1,000,000 1,000,000E.L. DISEASE - POLICY LIMITLocation Coverage Period: Client#770-FLDESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)(properties@pbia.org)WHCWPB, LLCCoverage is provided for1700FloridaMangoRd.only those co-employeesof, but not subcontractors West Palm Beach, FL 33409to:CANCELLATIONCERTIFICATE HOLDERPalm Beach County Board of County Commissioners, A PoliticalSubdivision of the State of Florida,its Officers, and Employees %Dept of Airports846 Palm Beach International AirportWest Palm Beach, FL 33406-1470IACORD 25 (2016/03)SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.AUTHORIZED REPRESENTATIVE 1988-2015 ACORD CORPORATION. All rights reserved.The ACORD name and loao are reaistered marks of ACORD
ACORD ICERTIFICATE OF LIABILITY INSURANCE DA'fE (MM/00/YYYY)8/19/2019THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAiE HOLDER. THISTHE POLICIESCERTIFICATE DOES NOT AFFJRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEDBELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.avIMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy{les} must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to tha terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer lights to the certificate holder Tn Heu of such endorsement(s}.(813)2514900 2AA CT Professional Insurance Center l Insurance Center, Inc.2003 West Kennedy Blvdl a.NoL(p,IC, No Ext):E·MAll.ADDRESS:Tampa, Florida 33606NAICfl.INSURER(SLAFFORDING COVERAGEINSUREDINSURERB:WHCWPB,LLCI700 North Florida Mango RoadWest Palm Beach, FL 33409JNSURERC:13683Ascendant Commercial Insurance, Inc.INSURER A:---lNSURERO:Jtl l!. B.§l.·-lNSURERF:CERTIFICATE NUMBER·2024COVERAGES---- REVISION NUMBER:THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.JNSRLl'RAOOL. SUS.RTYPE OF INSURANCEPOLICY NUMBERltlllSO WVDl'Ol.ICYEFFIMM/DD/YYYYl{ ghli \COMMERCIAL GENERAL LIABILITY'-.DDCLAIMS-MADE'·--. .fil!. RE GATEGEN'L AGGREGATE UMtr APPLIES PER:POLICYADDSfc?;:PRODUCTS· COMP/OP AGGLOCOTHER:AUTOMOBILE LIABILITYPOL-WHCWPBO 12-3000008/16/2019I -ANY AUTOI-I -OWNEDAUTOS ONLYHIREDAUTOS ONLY8/16/2020COMBINED SINGLE LIMITi-1 !!.!!f& U!).BOD(LY INJURY (Per person}7SCHEDULl:D-· s .§ XP ( person}i-1.·-----··---- PERSONAL &ADV INJURYsOCCUR'-RLIMITSEACH OCCURRENCEDAMAGE1 0 RENl EDPREMISES 1Ea occurrence) gm WNED ·-300,000 BODILY INJURY (Per accident) ./fp :d fiAMAGE. AUTOS ONLY -UMBRELLA LIABEXCESSLIABHOCCURCLAIMS-MADEEACH OCCURRENCE AGGREGATE IOED jRETENTION WORl ERS COMPENSATIONAND EMPLOYERS' R/MEMSEREXCLUDEO?(Mandatory In NH)If yes, describe underDESCRIPTION OF OPERATIONS befowDO SCRIPTJONI f TUTE I I OTH·ERE.l. EACH ACCIDENTN/A E.L. DISEASE - EA S, MPl:2,Y,EE E.L DISEASE- POLICY LIMIT OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Adartional Remarks Schedule, may be attaohed If more space ls required)CERTIFICATE HOLDER IS AN ADDITIONAL INSUREDCERTIFJCATE HOLDERHolder's Nature oflntcrest : Additional InsuredPalm Beach County BOCC A Political Subdivision of the State ofFlorida, It's Officers and Employees c/o Dept of Airports846 Palm Beach Interoational AitportWest Palm Beach, FL 33406ACORD 25 (2016103}CANCELLATIONANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOREPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INANGE WITH THE POLICY PROVISIONS.
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/ODNYYY)I8/16/2019THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tothe terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s).PRODUCERN ME v Sue Falter, CIC, CISRPHONE(816)525-2125r:, Nol: (816) 525-4049Twin Lakes Insurance AgencylA/C No E tl·I c,M&. ss: suef@twinlakesins.com2641 NE McBaine DriveNAIC #INSURERCSl AFFORDING COVERAGEMOLee's Summit64064INSURER A:INSUREDCovinqton Specialtv InsuranceINSURERS:WHC WPB LLC, DBA: zTrip1300 Lydia AveINSURERC:INSURERD:INSURERE:MOKansas City64106INSURERF:REVISION NUMBER:CERTIFICATE NUMBER:CL1981611684COVERAGESTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.INSRLTRAADDL SUBRTYPE OF INSURANCE-x""'"' """'POLICY NUMBERPOLICYEFFlMM/DDIYYYYlPOLICY EXPfMM/DD/YYYYlCOMMERCIAL GENERAL LIABILITY CLAIMS-MADE[!] E LIMIT APPLIES PER: JECTPOLICY DPRO-DLocLIMITSEACH OCCURRENCEDAMAGE TO RENTEDPREMISES IEa occurrence\ 1,000,000 100,000MED EXP (Any one person) 5,000PERSONAL & ADV INJURY 1,000,000GENERALAGGREGATE 2,000,000PRODUCTS - COMP/OP AGG Included OTHER:COMBINED SINGLE LIMITIEa accident\AUTOMOBILE LIABILITY-. ANY AUTO.ALL OWNEDAUTOS. HIRED AUTOS---UMBRELLA LIABEXCESS LIABSCHEDULEDAUTOSNON-OWNEDAUTOSH PROPERTY DAMAGEIPer accident\ OCCURCLAIMS-MADEAGGREGATEI IProperty BODILY INJURY (Per accident)EACH OCCURRENCERETENTION DEDWORKERS COMPENSATIONAND EMPLOYERS' LIABILITYANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?(Mandatory in NH)If yes, describe underDESCRIPTION OF OPERATIONS belowA BODILY INJURY (Per person)D I ffTUTE I I OTHERYINNIAVBA715402008/15/20198/15/2020 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT 850,000ded 5000DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Florida, itsOfficers, and Employees" and all other parties required under a written contract are named as additionalinsured with respects to liability.CANCELLATIONCERTIFICATE HOLDERproperties@pbia.orgPalm Beach County Board of County CommissA Political Subdivision of the State ofFlorida its officers and employeesc/o Department of Airports846 PalmBeach Intern'l AirportWest1 Palm Beach, FL 66406-1470SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.AUTHORIZED REPRESENTATIVEMark Smith/SR(fadr 1988-2014 ACORD CORPORATION. All rights reserved.ACORD 25 (2014/01)INS025 (201401)The ACORD name and logo are registered marks of ACORD
Additional Named InsuredsOther Named InsuredsSilver Lining Motors LLCLimited Liability Company, Additional InsuredWHC Worldwide LLCLimited Liability Company, Additional InsuredZtripDoing Business AsOFAPPINF (02/2007)COPYRIGHT 2007, AMS SERVICES INC
AFFIDAVIT OF LIMITED LIABILITY COMPANYSTATE OF .;F"'"'""l or id--'a-'-----COUNTY OF Palm Beach CountyBEFORE ME, the undersigned authority, personally appeared, the undersignedwho by me being first duly sworn, depose(s) and say(s) that:The undersigned is the Manager of SE Florida Transportation, LLC, a1.Florida limited liability company, a limited liability company organized and existing underthe laws of the State of Florida ("Company").Articles of Organization of the Company have been filed, and are on-file2.with, the Florida Department of State and such articles are incorporated herein byreference.The Company is in good standing and is authorized to transact business in3.the State of Florida as of the date hereof.The company is a [select (a) or (b)] (a) manager managed or (b) member4.managed limited liability company.The undersigned is the sole managing member of the Company or has been5.authorized by majority vote of the managing members to act on behalf of the Company andlegally bind the Company and execute contracts and other instruments relating to thetransaction of business of the Company.The undersigned has the right and authority to enter into that certain6.Consent to Assignment and Assumption of Agreement between WHC WPB, LLC, aFlorida limited 11.ability company, Palm Beach County, a political subdivision of the Stateof Florida and the Company (the "Agreement"), which is incorporated herein by referenceand made a part hereof, and such other instruments as may be necessary and appropriatefor the Company to fulfill its obligations under such Agreement, including amendment(s)and termination of such Agreement.Upon execution and delivery of such Agreement and documents by the7.undersigned, all of the aforesaid shall be valid agreements of and be binding upon theCompany.The transactions contemplated herein will not violate any of the terms and8.conditions of the Company's member agreement, operating agreement certificate of
organization or of any other agreement and amendments thereto of whatever kind betweenthe Company and any third person.The undersigned acknowledges that affiant is familiar with the nature of an9.oath and the penalties provided by the laws of the State of Florida and that this Affidavit isbeing given to induce Palm Beach County to enter into the Agreement.FURTHER AFFIANT SAYETH NAUGHT,\ r1" 6 .u, Individually and as[select me: Manager or@embefD. SWORN TOANJ? SUBSCRIBED before me on this \--S:-\\day of J\,M:J\J 2r , 20\') byD, Manager/Member of SE Flonda "\ :: c'\r r rTransportati n, LLC, a Florida limited liability company, on behalf of the Company who'-1\, asis pers i:i gyjgio wn.to-me OR who producedidentification and who did take an oath.Notary Si,,. ,,,,: 'i{'?r-:. i&;}'/f; ;'i'i ''ROSMERY A ALFAROMY COMMISSION# GG025680EXPIRES August 29, 2020iture e ame {DPrint NotaryNOTARY PUBLIC.----State of11 D'C 'ol.t-My Commission Expires:at large
AFFIDAVIT OF LIMITED LIABILITY COMPANYSTATE OF ;M:o. . is;:;.;;;:;s- -our iac""""""ks o'- n'--------COUNTY OF -'--'JBEFORE ME, the undersigned authority, personally appeared, the undersignedwho by me being first duly sworn, depose(s) and say(s) that:The undersigned is the CEO/ Managing Member of WHC WPB, LLC, a1.Florida limited liability company, a limited liability company organized and existing underthe laws of the State of Florida ("Company").Articles of Organization of the Company have been filed, and are on-file2.with, the Florida Department of State and such articles are incorporated herein byreference.The Company is in good standing and is authorized to transact business in3.the State of Florida as of the date hereof.The company is a [select (a) or (b)] (a) manager managed or (b) member4.managed limited liability company.The undersigned is the sole managing member of the Company or has been5.authorized by majority vote of the managing members to act on behalf of the Company andlegally bind the Company and execute contracts and other instruments relating to thetransaction of business of the Company.The undersigned has the right and authority to enter into that certain6.and Assumption of Agreement between SE FloridaAssignmenttoConsentTransportation, LLC, a Florida limited liability company, Palm Beach County, a politicalsubdivision of the State of Florida and the Company (the "Agreement"), which isincorporated herein by reference and made a part hereof, and such other instruments asmay be necessary and appropriate for the Company to fulfill its obligations under suchAgreement, including amendment(s) and termination of such Agreement.Upon execution and delivery of such Agreement and documents by the7.undersigned, all of the aforesaid shall be valid agreements of and be binding upon theCompany.The transactions contemplated herein will not violate any of the terms and8.conditions of the Company's member agreement, operating agreement certificate of
organization or of any other agreement and amendments thereto of whatever kind betweenthe Company and any third person.The undersigned acknowledges that affiant is familiar with the nature of an9.oath and the penalties provided by the laws of the State of Florida and that this Affidavit isbeing given to induce Palm Beach County to enter into the Agreement.FURTHER AFFIANT SAYETH NAUG T, -11-1'- -- - --1-P--·' Individually and as V.Hl Member]SWORN TO AND SUBSCRIBED before me on this 15th day of August, 2019, byWilliam M. George, Manager/Member of WHC WPB, LLC, a Florida limited liabilitycompany, on behalf of the Company who is personally known to me.Print Notary NameNOT
Sep 10, 2019 · INSURER A: Ascendant Commercial Insurance, Inc. 13683 INSURED INSURERB: WHCWPB,LLC JNSURERC: ---I 700 North Florida Mango Road lNSURERO: West Palm Beach, FL 33409 Jtl l!. B.§l. _ ·----- lNSURERF: COVERAGES CERTIFICATE NUMBER·2024 REVISION NUMBER: THIS IS TO CERTIFY THAT THE P
