05/21/2008 Agreement
DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
June 11, 2008
TO:
Irene Toner, Director
Emergency Management
ATTN:
FROM:
Jose Tezanos
Pamela G. Hanc~
Deputy Clerk t::J?
At the May 21, 2008, Board of County Commissioner's meeting the Board granted
approval to submit for acceptance and signature of our County Mayor or Acting County
Administrator of an Interlocal Agreement between City of Key West Transit and Monroe County,
to provide our residents and guest emergency transportation during mandated hurricane
evacuation orders to the county shelter located at the Florida International University campus in
Miami Dade County, reentry, and recovery phase.
Enclosed are two duplicate originals 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
Interlocal Al!:reement between City of Kev West
and Monroe County
for
Emerl!:encv Transportation
THIS AGREEMENT is made and entered into this d) I L day of ~~ '
200_ by and between MONROE COUNTY ("COUNTY"), a political subdivision of e State of
Florida, with principal offices located at 1100 Simonton Street, Suite 2-205, Key West, Florida 33040, and
CITY OF KEY WEST ("CKW"), Department of Transportation located at 627 Palm Avenue, Key West,
Florida 33040.
WITNESSETH:
WHEREAS, COUNTY recognizes the need to provide additional emergency transportation
services to Morn'oe 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 of 2006 (PL 109-308, October 6, 2006)
amending the Robert T. Stafford Disaster Relief and Emergency Act of 2006 (42 USCA ~ 5196); and
WHEREAS, CKW 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, CKW has the ability to transport residents, guests, workforce and their appropriately
caged or crated pets during the evacuation, re-entry, and recovery phase of an emergency from Key West to
Marathon; 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, workforcf~ 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 CKW, 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 CKW shall provide additional transportation for the residents, guests, workforce and
properly caged or crated pets of Monroe County between Key West and Marathon.
1.2 The services will commence when a local state of emergency is declared by Monroe County
Page 1 of 6
Emergency Management and upon CKW being contacted by County to begin the service.
1.3 CKW 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 COUNTY and CKW agree that the cost of emergency transportation service shall be paid by
the CKW for State and Federal declared emergency with CKW following all reimbursement practices in
place for full reimbursement of all costs associated with same.
2.2. COUNTY agrees to pay CKW a fee of $80.00/ hour / vehicle, reimbursement of full fare
passenger rates for lost revenues in the event of emergency use of vehicles pulled from normal operating
routes, for which FEMA reimbursements are not received; not to exceed full reimbursement of all
operating costs associated with provision of emergency transport services that are outside of CKW
jurisdiction.
Section :3. Term.
This Agreement shall commence on upon the date of execution by the last signatory to the Agreement, and
shall run for thrl:e 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 S. Requirements for Evacuation and TransDortation 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.
Section 6 Notices.
6.1 All notices and other communications required under this Agreement must be in writing and
addressed as follows:
FOR COUNTY:
Irene Toner, Director
Emergency Management
49063rd Street, Suite 150
Marathon, Florida 33050
Jose Tezanos, Planner
Emergency Management
49063rd Street, Suite 150
Marathon. Florida
Page 2 of 6
305-289-6325 (office)
305-517-2414/2413 (EOC)
FOR CKW:
Myra Wittenberg, Director / CCTM
City of Key West Department of Transportation
627 Palm Avenue
Key West, Fl33040
305-292-8285 (facsimile)
305-809-3910 (office)
6,2 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.
6.3 Due to the emergency nature of this Agreement, Notice of the beginning of service as set out
under Section 1.3 shall be deemed to be duly given and received by telephone call or email from COUNTY
to CKW and followed immediately by certificate mail, return receipt requested, postage and fees prepaid;
hand delivered; facsimile; or by overnight delivery service with proof of delivery.
Section 7. Governinl! Law. Venue. Interoretation.
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 CKW 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 Al!reemenUModificationlAmendment.
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 of this Agreement, unless in writing signed by both parties.
Section 9 Access to Records and Audits.
9.1 CKW 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
and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or
Clerk determines that monies paid to CKW pursuant to this Agreement were spent for purposes not
authorized by this Agreement, CKW shall repay the monies together with interest calculated pursuant to
Page 3 of 6
Sec. 55.03, FS, running from the date the monies were paid to CKW.
9.2 The COUNTY and CKW 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 CKW in conjunction with this
Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CKW.
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 CKW 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 CKW understand that the employees provided by CKW for the purpose
of this Agreement remain the employees of CKW. 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. CKW 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 CKW to comply with the requirements of this section shall be
cause for immediate termination of this agreement.
Prior to f:xecution of this agreement, CKW shall furnish the COUNTY Certificates of Insurance
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 of liability 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 gen'~ralliability coverage with limits of liability of not less than $1,000,000.00 per occurrence
combined single limit for Bodily Injury Liability and Property Damage Liability.
CERTIFICATES OF INSURANCE.
Page 4 of 6
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 of the 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 havt: been duly authorized by all necessary County, corporate or individual action, as required
bylaw.
Section 17 Covenant of No Interest.
The parties covtmant 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 CKW 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 SolicitationlPavment.
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 CKW agrees that the County shall have the right to terminate this Agreement without liability and, at its
Page 5 of 6
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
Section 20 Non-Waiver ofImmunitv.
Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of CKW and 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 CKW and/or COUNTY be required to
contain any provision for waiver.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year executed
by both parties.
(SEAL)
Attest: D~ ~OLHAGE, CLERK
Ba..~ . ,~
Deputy Clerk MAY 2 1 2008
Date:
BOARD OF COUNTY
COMMISSIONERS
OF MONROE UNTY, FLORIDA
By:
Mayor Char es "Sonny" McCoy
Date: MAY 2 1 2998
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City of Key
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Printed N~e-
Dated: 3~ 31-0~
Witne for the City of Key West -
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Print NlItnll-i { n
Date: ....J-~ ~Dl$
MONROE COUNTY ATTORNEY
A ROVEP AS T. F RM:
YNTHIA L. ALL
ASSIST NT COUNTY ATTORNEY
Date "' ' z. -0 l'
Page 6 of 6
RESOLUTION NO.
08-091
.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, APPROVING THE
ATTACHED INTERLOCAL AGREEMENT BETWEEN MONROE
COUNTY AND THE CITY FOR EMERGENCY
TRANSPORTATION SERVICES; PROVIDING FOR AN
EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST,
FLORIDA, AS FOLLOWS:
Section 1:
That the attached Interlocal Agreement between
Monroe County and the City is hereby approved.
Section 2:
That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by the
signature of the presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission at a meeting held
this
18th
day of
Mnrc:h
2008.
Authenticated by the presiding officer and Clerk of the
Commission on
March 19
, 2008.
Filed with the Clerk
March 19
, 2008.
ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDlYYYY)
06/05/08
PRODUCER 1-561-995-6706 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Arthur J. Gallagher Ris,k Management services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2255 Glades Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 400E
Boca Raton, FL 33431
INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Princeton Excess &: Surplus Lines Ins 10786
City of Key West
INSURER B: Midwest Employers Cas Co 23612
PO Box 1409 INSURER C:
Key West I FL 33041-14(19 INSURER 0:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT, 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.
II~~ t.J~~r POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION UMITS
A ~NERAl LIABILITY GI-A3-EX-OOOOO54-00 10/01/07 10/01/08 EACH OCCURRENCE $ 900, 000
X COMMERCIAL GENERAl LIABILITY ~~~~~~~9E~~~~~nce\ $
I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $
-"- Limit is exc:... of PERSONAL & ADV INJURY $
X $100,000 SIll GENERAL AGGREGATE $
-
4'LAGGREnE LIMIT APnS PER: PRODUCTS - COMP/OP AGG $
POLICY ~~R-r LOC
A ~TOMOBILE LIABILITY Gl-A3-EX-OOOO054-00 10/01/07 10/01/08
COMBINED SINGLE LIMIT $ 900, 000
X ANY AUTO (Eaaccidenl)
-
- ALL OWNED AUTOS BODILY INJURY
(Per person) $
- SCHEDULED AUTOS
- HIREDAUTOS BODILY INJURY
$
NON-OWNED AUTOS (Per accident)
-
X Limit is excess of
- PROPERTYDAMAGE $
X 100,000 SIR ~ ..... .. (Peraccidenl)
~AGE LIABILITY 'X)' . \ U,. ~- AUTO ONLY -EAACCIDENT $
- -
ANY AUTO 0-,5- Ol?____ . OTHER THAN EAACC $
.. AUTO ONLY: AGG $
~ESSlUMBRELLALlABILlTY EACH OCCURRENCE $
OCCUR 0 CLAIMS MADE ..-...
AGGREGATE $
$
~ CEOUeTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I T"!.~.9T~:.~~ I IOJit
EMPLOYERS' LIABILITY
ANY PROPR1ETORIPARTNER/EXECUTIVE EL. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? EL. DISEASE. EA EMPLOYEE $
~P~t~C~W6~1~4~NS below EL. DISEASE. POLICY LIMIT $
OTHER
B Exeeas Workers COD'Q;I. EWC005187 10/01/07 10/01/08 * Statutory
* Employers Liab. 1,000,000
DESCRlrTION OF OPERATIONS I LOC:ATIONS I VEHICLESI EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
* Subject to Self-Insu:t:'ed Retention $500,000
!lB, Interlocal Agreemelc.t between City of Key West and Monroe County for Emergency Transportation
CERTIFICATE HOLDER
CANCELLATION *lO-day cancellation notice for non-payment
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Monroe County Board of County Commissioners DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
1100 simonton Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR
SUite 2-268 REPRESENTATIVES.
Key West, l"L 330010 AUTHORIZED REPRESENTATIVE ~ ~
USA ~L_
ACORD 25 (2001108) corwib
899U:65
@ACORDCORPORATION 1988