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4th Amendment 08/15/2012 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: August 16, 2012 TO: James Callahan, Fire Chief Emergency Management ATTN: Jose Tezanos FROM: Pamela G. Hano• D.C. At the August 15, 2012, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: ✓ Item C21 Modification #4 to amend the American Coach Lines of Miami, Inc., contract to provide for revised rates, assignability, and procedures for operation in the event of hazardous conditions of the agreement with ACL. Enclosed is a copy for your handling. Item C22 Modification #1 of Agreement with the City of Miami, dated July 8, 2010, concerning a United States Department of Homeland Security's Office of Grants & Training (OG &T), through the State of Florida Division of Emergency Management (FDEM) sub -grant Agreement #11DS- 32- 11 -23 -02 -233 in the amount of $312,472.00, with no county funding required; and authorization for the County Administrator to execute any other required documentation in relation to the agreement. Enclosed is a duplicate original for your handling. Item C23 Modification #2 of Agreement with the City of Miami, dated July 8, 2010, concerning a United States Department of Homeland Security's Office of Grants & Training (OG &T), through the State of Florida Division of Emergency Management (FDEM) sub -grant Agreement #11DS- 32- 11 -23 -02 -233 in the amount of $312,472.00, with no county funding required; and authorization for the County Administrator to execute any other required documentation in relation to the agreement. Enclosed is a duplicate original for your handling. Should you have any questions, please do not hesitate to contact our office. cc: County Attorney Finance File/ AMENDMENT #4 TO AGREEMENT BETWEEN AMERICAN COACH LINES OF MIAMI, INC. AND MONROE COUNTY This Amendment to agreement dated the 1st day of August, 2012, is entered into by and between the Board of County Commissioners for Monroe County, and American Coach Lines of Miami, Inc., a Florida for - profit corporation, located at 3595 Northwest 110 Street, Miami, FL 33167 ( "ACL ") WHEREAS, the contract entered into between the parties on April 30, 2007 was renewed to extend through the 2012 Storm Season by Amendment dated January 24, 2012; and WHEREAS, the parties desire to further amend the contract to provide for revised rates, assignability, and procedures for operation in the event of hazardous conditions; NOW THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Section 2.2 of the Agreement shall be revised to read: COUNTY and ACL agree that the cost of emergency transportation service shall be paid by Monroe County. The cost of the transportation services shall be $82.22 per hour (hourly rate mirrored by Miami Dade Transit 301 route) for each trip between Key West and FIU, irrespective of whether or not ACL's vehicle is travelling with our without passengers. ACL agrees to keep a written record of each person and pet that it transports. 2. A new Section 20, "Assignment" shall be added to the Agreement which will read: COUNTY acknowledges that ACL has entered into an agreement to sell substantially all of its assets to Transportation Management Services, Inc. ( "TMS ") and the sale is expected to close on or before October 1, 2012. Upon closing of the sale, COUNTY agrees that ACL may unilaterally assign its rights, duties and obligations under the Agreement to TMS or an operating affiliate of TMS, and that after such assignment, ACL shall have no further rights, duties or obligations under the Agreement; that TMS shall assume all of ACL's rights, duties and obligations under this Agreement, and that COUNTY shall look solely to TMS for performance of services under this Agreement. 3. A new Section 21, "Cessation of Services" shall be added to the Agreement which will read: ACL reserves the right to suspend services under this Agreement, if, in ACL's sole judgment, services under this Agreement cannot be operated safely or without unacceptable risk to person or property. 4. The remaining provisions of the contract dated April 30, 2007, as subsequently amended by agreement dated January 24, 2012, remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. AMERICAN COACH LINES OF MIAMI, INC., a Delaware corporation BY: / Li Name: R o er-1- -t ;wik -e_. w Title: e(310r)C4\ \Km estcLen- �- Date: 0 — (O — 20 12 Board of County Commissioners of Monroe County M By: Name: David P. Rice SEAL) 7ANNYL. KO,. ' GC eLtetrE 1 Title: Mayor /Chairman .- / PEP9TY CLEF Date: August 15, 2012 M OE COUNTY ATTORNEY p S�4OQRM: a THIA L. HALL - cn c ASSICOUNTY ATTORNEY Date -- 4" 13 - 20 c Uri .t V C AW 09115!/ 20011 11 ® CERTIFICATE OF LIABILITY INSURANCE D ATE( YYYY) 10 ......! THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATII/ELY AMEND. EXTFNn f1R ALTEe THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOE NOT C TRACT B :TWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIF-CATE HO IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be Indorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). SFP 2 1 2011 PRODUCER CONTACT Marsh USA Inc. NAME: FAX 1000 Main Street, Suite 3000 PHONE (A/C, No): Houston, TX 77002 MONK' a, RISK MAVA NT mouAER(S) AFFORDING COVERAGE NAIC # 016276- Prime- GAXWX -11 -12 ACLM LIAB INSURER A : National Union Fire Ins Co Pittsburgh PA 19445 INSURED INSURER B : New Hampshire Insurance Company 23841 American Coach Lines of Miami 3595 NW 110th Street INSURER C : Lexington Insurance Company 19437 Miami, FL 33167 INSURER D INSURER E _ INSURER F : COVERAGES CERTIFICATE NUMBER: HOU 001909889 - 05 REVISION NUMBER: 2 THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY GL1738141 09/16/2011 09/16 /2012 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 1,000,000 PREMISES (Ea occurrence) $ _ CLAIMS -MADE X OCCUR MED EXP (Any one person) _ $ EXCLUDED PERSONAL & ADV INJURY _ $ 1,000,000 GENERAL AGGREGATE _ $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 1,000,000 POLICY PRO LOC $ .IFCT A AUTOMOBILE LIABILITY CA9798679 09/16/2011 09/16/2012 COMBINED SINGLE LIMIT 5,000,000 (Ea accident $ X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS ( ) X NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS X AUTOS (Per accident) C 043732409 09/16/2011 09/16/2012 EXCESS AUTO $ 5,000,000 A X UMBRELLA LIAR X OCCUR 25030495 09/16/2011 09/16/2012 EACH OCCURRENCE $ 25,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 25,000,000 DED RETENTION$ $ B WORKERS COMPENSATION WC3715758 09/16/2011 09/16 /2012 X WC STATU IOTH AND EMPLOYERS' LIABILITY TORY I IMITS FR B ANY PROPRIETOR/PARTNER/EXECUTIVE V / N WC3715756 (California) 09/16/2011 09/16/2012 1,000,000 OFFICER/MEMBER EXCLUDED? l N I N / A E.L. EACH ACCIDENT $ B (Mandatory in NH) WC2087664 (Florida) 09/16/2011 09/16/2012 1,000,000 If y E.L. DISEASE - EA EMPLOYEE $ B DESCRIPTION OF OPERATIONS below WC2087663 (Wisconsin) 09/16/2011 09/16/2012 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Monroe County Board of County Commissioners is included as Additional Insured as respects all policies (except Work -rs' Compensation), as required by written contract, but only fo I' .ility �(.ing out of the operations of the Named Insured. 11111 r f - 8 - 0 . ....'_.:., (7-1 -\L-(212 CERTIFICATE HOLDER CANCELLATION - - --'— Monroe County Board of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. i John T. Riedel ---- ..A-- T Z.. :�� © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD