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05/16/2007 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: Ju(v 13, 2007 TO: Irene Toner, Director Emergency Management A TTN: FROM: Jose Tezanos Emergency Management Planner Pamela G. Hancudil~ Deputy Clerk CJ At the May 16, 2007, Board of County Commissioner's meeting the Board granted approval of a request to enter into an Agreement between Monroe County and American Coach Lines of Miami, Inc., to provide additional emergency transportation services to Monroe County residents, guests, workforce and their appropriately caged or crated pets during the evacuation, re-enty and recovery phase of an emergency as determined by Monroe County Emergency Management. Enclosed is a copy of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File.! A!!reement between American Coach Lines Inc. and Monroe County THIS AGREEMENT is made and entered into this .?:f).Jd:t. day Of~; , ,200::1 by and between MONROE COUNTY, a political subdivision of the State of Flori a, with principal offices located at 1100 Simonton Street, Suite 2-205, Key West, Florida 33040 ("COUNTY"), and AMERICAN COACH LINES OF MIAMI INC., a Florida for-profit corporation, located at 3595 Northwest l101h Street, Miami, Florida 33167 ("ACL"). WITNESSETH: WHEREAS, COUNTY recognizes the need to provide additional emergency transportation services to Monroe County residents, guests, workforce and their appropriately caged or crated pets during the evacuation, re-entry, and recovery phase of an emergency as determined by Monroe County Emergency Management; and WHEREAS, County recognizes the requirement to provide for the needs of individuals with household pets and service animals prior to, during, and following a major disaster or emergency pursuant to the "Pets Evacuation and Transportation Standards Act of2006 (PL 109-308, October 6, 2006) amending the Robert T. Stafford Disaster Relief and Emergency Act of2006 (42 USCA S 5196); and WHEREAS, the Monroe County Board of County Commissioners has allocated funds to provide transportation services to Monroe County residents, guests, workforce and their caged or crated pets during evacuation, re-entry, and recovery phase; and WHEREAS, ACL desires to offer transit services to residents, guests, workforce and their caged or crated pets during the evacuation, re-entry, and recovery phase of an emergency as determined by Monroe County Emergency Management; and WHEREAS, COUNTY wishes to implement additional transportation services before and after future emergencies, to enhance the public safety and to provide additional viable means for residents, guests, workforce and their caged or crated pets to evacuate during all phases of an emergency as declared by of Emergency by the Monroe County Emergency Management. NOW THEREFORE, COUNTY and ACL, through their respective governing bodies, and in consideration of the mutual promises and covenant herein contained, hereby agree as follows: Section 1. Services. 1.1 ACL shall provide additional transportation for the residents, guests, workforce and properly caged or crated pets of Monroe County between Key West, Marathon and the Monroe County Evacuation Shelter, located at Florida International University ("FIU") in Miami. 1.2 The services will commence when a local state of emergency is declared by Monroe County Emergency Management upon and ACL shall be contacted by County to begin the service. Page 1 of 7 1.3 ACL states that it has, and shall maintain throughout the term of this Agreement, appropriate licenses to perform the services under this Agreement; proof of such licenses shall be submitted to the COUNTY upon request. Section 2. Pavment. 2.1 The parties acknowledge that ACL has an existing agreement with Mianli-Dade transit. This Agreement is intended to be in addition to the agreement with Miami-Dade. It is understood by the parties that ACL will be reimbursed first by Miami-Dade transit as set out under their agreemcnt. Nothing in this Agreement shall interfere with the Miami-Dade Agreement. 2.2 COUNTY and ACL agree that the cost of emergency tnmsportation service shall be paid by Monroc County. The cost of the transportation shall not excced $1.85 per person and $1.85 per pet for a one way trip from Kcy Wcst to FlU. ACL agrees to kecp a writtcn record of each person and pet that it transports. 2.2.1 Payment under this Agreement shall be for services over and above those services which fall under the Miami-Dade Agreement. ACL shall provide Clerk with documentation which demonstrates that any fare charged under this Agreement is separate from fares reimbursed under the Miami-Dade agreement and are not a duplication ofthe fares being reimbursed under the Miami-Dade Agreement. Said supporting documcntation shall be acceptable to the Clerk. Payment will be made after delivery and inspection by COUNT'Y and upon submission of invoice by ACL. 2.3 ACL shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rulcs and rcgulations as may govern the Clerk's disbursal of funds. 2.4 COUNTY shall pay in accordance with the Florida Local Govemment Prompt Payment Act. 2.5 Monroe County's performance and obligation to pay under this contract, is contingent upon an annual appropriation by the Board of County Commissioners. Section 3. Term This Agreement shall commence on upon the date of execution by the last signatory to the Agreement, and shall run for three years from that date, unless terminated earlier under paragraph 4 of this Agreement. Section 4. Termination This Agreement may be terminated at the discretion of either party upon not less than thirty (30) days' written notice to the other party. Section 5. Requirements for Evacuation and Transportation of Pets Pets to be transported must be properly caged or crated, must have pre-registered, and must have the appropriate documentation and current vaccinations as set forth in the Monroe County Pet Friendly Hurricane Evacuation Center Registration Guidelines. Page 2 of 7 Section 6 Notices. All notices and other communications required under this Agreement must be in writing and addressed as follows: FOR COUNTY: Irene Toner, Director Emergency Management 490 63rd Street, Suite 150 Marathon, Florida 33050 Jose Tezanos, Planner Emergency Management 490 63rd Street, Suite 150 Marathon, Florida FOR ACL: Brett Brittenum, Location Manager American Coach Lines of Miami, Inc. 3595 NW 1 10th Street Miami, F133l67 Any Notice required by this Agreement shall be deemed to have been duly given if sent by certificate mail, return receipt requested, postage and fees prepaid; hand delivered; facsimile; or by overnight delivery service with proof of delivery. Section 7. Governine: Law, Venue, Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and ACL agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Mediation conducted regarding this Agreement shall be performed according to the rules of the 16th Judicial Circuit for Monroe County, Florida. This Agreement is not subject to arbitration. Section 8 Entire Ae:reement/Modification/Amendment. This writing sets forth the entire agreement of the parties with respect to the subject matter of this Agreement. No representations were made or relied upon by either party, other than those expressly set forth herein. No agent, employee, or other representative of either party is empowered to modify or amend the terms ofthis Agreement, unless in writing signed by both parties. Section 9 Access to Records and Audits. 9.1 ACL shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement Page 3 of 7 and for four years following the termination ofthis Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to ACL pursuant to this Agreement were spent for purposes not authorized by this Agreement, ACL shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to ACL. 9.2 The COUNTY and ACL shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and ACL in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by ACL. Section 10 Non-Reliance Bv Non-Parties. 10.1 No person or entity shall be entitled to rely upon the terms of this Agreement in order to enforce or attempt to enforce any third-party claim or entitlement to or benefit from any service or program contemplated hereunder, and COUNTY and ACL agree that neither party, nor any agent, officer, or employee of either, shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to, the community in general, or for the purposes contemplated in this Agreement. 10.2 Both COUNTY and ACL understand that the employees provided by ACL for the purpose of this disaster drill remain the employees of ACL. Execution of this Agreement does not create any employment relationship, contractual or implied, between said employees and COUNTY. Section 11 Taxes. COUNTY is exempt from payment of Florida State Sales and Use taxes. ACL shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. Section 12 Insurance The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of ACL to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, ACL shall furnish the COUNTY Certificates ofInsurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits ofliability of not less than $1,000,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits ofliability of not less than $1,000,000.00 per occurrence Page 4 of? combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. Section 13 Severabilitv. 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 shall be valid and enforceable to the fullest extent permitted by law. Section 14 Waiver. The failure of either party to this Agreement to object to or take affirmative action with respect to any conduct ofthe other in violation of any term or condition of this Agreement shall not be construed as a waiver of the violation or breach, or a waiver of any future violation, breach, or wrongful conduct. Section 15 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. Section 16 Authoritv. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County, corporate or individual action, as required bylaw. Section 17 Covenant of No Interest.The parties covenant that they do not presently have any interest, and shall not acquire any interest, which would conflict in any manner or degree with performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. Section 18 Code of Ethics. COUNTY and ACL agree that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 19 No SoIicitationlPavrnent. Page 5 of 7 Each party warrants that, with respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the ACL agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 20 Non-Waiver of Immunitv. Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. -"" :;:: ~HEREOF, the parties hereto have entered into this Agreement the day and year executed 'v -~, . .,." . r~~ 1J':1e~.\ ,J, ".........' , " .- " , ;;'0..\ ~ . , . . I I :::'i - :.ij"~'""A"L\~"" ., ~~~C"~_- _ d.i;/:.;_~:-" _"_>/ :/; ~.JI-'JM~;j';. KOLHAGE, CLERK "'~""'''1''~ ~ By: ''':-;';:", .-___j,c 1 ~l (. Deputy Clerk Date: MAY 1 8 Z007 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: ~iJ;~ M,qypr Mario DiGennaro Dat~AY 1 6 Z007 MONROE COUNTY ATTORNEY ~PROVED AS TO FORM: ;; ~I/h" 7f) ~A-,! ~ NA ILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Date /I? if ?.flJvJ r- I ~~~~~~'Inc. Chief Executive Officer or Corporate Representative with Signatory Authority ~ ~ ----- (3d- ~ ~ -c/J;fI'nu/YJ Printed Name Dated: ~AtA7 7 / . , s of Miami, Inc. - -'0. o t:J Z ;to :;0 - CJn~ f"T1r-'""::; :;J;;:--- (). ,-+ Z? ~~ ~,- :..:: ",,',,' ~'-, ; ::; ~~ 1'1' ):;;... r G) )> f'fJ , Page 6 of 7 "> "'" -" "'" ....... <- ~'- C fil r- t.::J ..,., (.) C) ::.{) -0 :::-:J :x n, ~ n a .s::- :::.J - '=' -Teele Ho/,;f~ Print Name ~ I. Date: '/ AD .. ? . I , Page 7 of 7 MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER HOU-000745556-02 PRODUCER ~(; THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA Inc. e f"j I/. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1000 Main Street, Suite 3000 't"/) .It/, POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Houston, TX 77002 AFFORDED BY THE POLICIES DESCRIBED HEREIN. W~O COMPANIES AFFORDING COVERAGE ---- ---- --- --- ~ i COMPANY 16276-AC L-Casua-06-07 ACLM i A NEW HAMPSHIRE INSURANCE CO ------- -- - --+------------------- -------------------- - - INSURED ! COMPANY American Coach Lines of Miami B AMERICAN HOME ASSURANCE COMPANY 3595 NW 110th Street __on ----- Miami, FL 33167 COMPANY C ------ -- - COMPANY D COVERAGES This certiflCatesupersed~$andreplacesanypreviouslyissued certificate for the policy period notedbelow~ 1 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS coT TYPE OF INSURANCE ---1 POLICY NUMBER i POLICY E;;;~~~~ -1~~~;cy EXPIRATION ! lTR DATE (MMIDDfYY) , DATE (MMIDD/YY) liMITS ~ERAL LIABILITY 109/16/06 ~NERAlAGGREGATE $ 2,000,000 -'--- A ~x~ COMMERCIAL GENERAL LIABILITY GL 1738141 09/16/07 PRODUCTS - COMP/O!:,_~GG $ 1,000,000 _ _II CLAIMS MADE ll<::i OCCUR I PERSONAL & ADV~~JURY $ 1,000,000 c= : -- OWNER'S & CONT~~:~:~'S PROT I EACH OCCURRENCE $ 1,000,000 FIRE DAMAG~ (Anyone fire) $ 1,000,000 , i MED EXP (Anv one oerson] $ 5,000 ; AUTOMOBILE L1ABIUTY I CA 9798679 t--... 5,000,000 COMBINED SINGLE LIMIT B ~ ANY AUTO 09/16/06 ! 09/16/07 -- B , ALL OWNED AUTOS CA 9799248 (Oregon) 09/16/06 09/16/07 BODILY INJURY 1$ , SCHEDULED AUTOS (Per person) , - M HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS ' (Peraccidenl) i~-~PERTY DAMAGE -- H---' , ^ r-n .rl , $ , I GARAGE LIABILITY \' \ \\)1 ", ~ bTa ONLY. EA ~CCIDENT $ H ANY AUTO '='~ -NO') , OTHER TH~~ AUTO ONLY: --- \J 1---- EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ , -- R UMBRELLA FORM AGGREGATE $ -- OTHER THAN UMBRELLA FORM ,$ B I WQRKERSCOMPENSATlONAND Iwe 3715758 09/16/06 09/16/07 X I T~{LtJNs ! OJ~ EMPLOYERS' LIABILITY I -- B _ WC 3715756 (California) 109/16/06 09/16/07 ; EL EACH ACCIDENT $ 1,000,000 B I THE PROPRIETOR! [J<~ INCl WC 2087663 (Wisconsin) 09/16/06 09/16/07 EL DISEASE-POLICY LIMIT $ 1,000,000 I PARTNERS'EX"I""UTIVE I 109/16/06 B OFFICERS AAE~~ ~ EXCL WC 2087664 (Florida) '09/16/07 EL DISEASE-EACH EMPLOYEE I $ 1,000,000 10TRCIf I I I I 1 i DESCRIPTION OF OPERATlONSfLOCATlONSNEHICLESlSPECIAL ITEMS M~~roe County is inclu~ed as Additional Insureds as respects all policies (except Workers' Compensation), as required by written contract, but only for liability arrsmg out of the operations ofthe Named Insured. T~ SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE ~EREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ---30 DAYS WRITTEN NOTICE TO THE Monroe County CERTIFICATE HOLDER NAMED HEREN. BUT FAilURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 490 63rd Street, Ocean Suite 150 lIABILIfY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, rrs AGENTS OR REPRESENTATIVES, OR THE Marathon, FL 33050 ISSUER OF THIS CERTIFICATE MARSH USA INC. BY: John T. Riedel -;r..L- -r R...:M """'I"'V"