Item C14 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 16. 2014, Division: Emergency Services
Bulk Item: Yes X No Department: Emergency Management
Staff Contact Person/Phone #Jose Tezanos 1305-289-6325
AGENDA ITEM WORDING: Approval to enter into an agreement between Safeguard America, Inc
d/b/a AMERICASTRANSPORTATION.COM and Monroe County Board of County Commissioners to
augment and 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 authorization for
the County Administrator to execute any other,required documentation.
ITEM BACKGROUND: On January 11, 2014 Academy Bus, LLC. by virtue of closed bid (RFB)
submitted to Miami-Dade County assumed operation of the Dade-Monroe Express, Route #301. On
May 13, 2014 Safeguard America, Inc. d/b/a Americastransportation.corn was awarded the Dade-
Monroe Express Route 301 after filing a bid protest. The company is the only Miami Dade Transit
approved vendor running from Florida City to Marathon; Key West Transit has the route from Marathon
to Key West, and JGT Transportation, Inc. has the Florida City to Ocean Reef route. We have an
Interlocal Agreement with Key West Transit and an agreement with JGT Transportation as well.
Additional emergency transportation services means services over and above their normal route.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approve
TOTAL COST: $100 hourly rate INDIRECT COST: —BUDGETED: Yes — No X
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $100 hourly rate SOURCE OF FUNDS:
REVENUE PRODUCING: Yes N AMOUNT PER MONTH Year
-:XAPPROVED BY: County Atty _%�/�04/PurcgCas/ing Risk Management 4 L1111L
DOCUMENTATION: Included I X Not Required_,,,,,,,,,,,_
DISPOSITION: AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Safeguard America, Inc. Contract#
----------------
Effective Date. July 16, �{�w��___________________________.
Expiration Date: Jul 15, 201�►
Contract Purpose/Description:
Approval to enter into an agreement between Safeguard America, Inc. dba Americatran-
s ortation.co�m and Monroe County Board of County Commissioners to provide additional
emergency transportation services to Monroe County residents, guests, workforce and their
appropriately ca ed or crated pets during evacuation, rc-e:ntry and recovery phase of an emer-
gency as determined by MCEM,and authorization for the Couinty Administrator to execute an
other required documentation.
Contract Manager: Jose Tezanos 6325 14
µµµµµµµ(Name) (Ext.) (Department/Stop#)
for BOCC meeting on July 16, 2014 Agenda Deadline: July 1, 2014
CONTRACT COSTS
Total Dollar Value of Contract: $ $100 hr. Current Year Portion:$
rate
Budgeted? Yes® No Z Account Codes: -�- -
Grant: $ - -
County Match: $ 0 - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e . maintenance,utilities, janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed M R i
... ,
Division Director 4L-1W'-1Y YesR No
Risk Management � Yes❑ NoD'
O.M.B./Purchasing �/° Yes❑ Nom
r
County Attorney Yes❑ No644 ?,0
j
Comments:
OMB Form Revised 2/27/01 MCP#2
Agreement between Safeguard America, Inc. dba AmericasTransportation.com
and Monroe County
THIS AGREEMENT is made and entered into this ..................---day of....... 201_'�A by
and between MONROE COUNTY, a political ivision of the State of Florida, wi lh principal offices
located at 1100 Simonton Street, Suite 2-205, Key West, Florida 33040 ("COUNTY"), and
SAFEGUARD AMERICA, INC. dba AMERICASTRANSPORTATION.COM (ATC OR
AMERICAS), a for-profit business located at 3935 NW 26"' Street, Miami, FL 33142. All billings and
notices shall be directed to PO Box 143977, Coral Gables, FL 33114, Attention Dionne Jane, General
Manager
WITNESS,ETH:
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 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, 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, Americas Transportation 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 ATC, 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 ATC 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
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Emergency Management upon and ATC shall be contacted by County to begin the service.
1.3 ATC 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. Pa lent.
2.1 The parties acknowledge that ATC has an existing agreement with Miami-Dade transit. This
Agreement is intended to be in addition to the agreement with Miami-Dade. It is understood by the parties
that ATC will be reimbursed first by Miami-Dade transit as set out under their agreement. Nothing in this
Agreement shall interfere with the Miami-Dade Agreement,
2.2 COUNTY and ATC agree that the cost of emergency transportation service shall be paid by
Monroe County. The cost of the transportation services shall be $100.00 (5 Hour minimum)per hour from
Key West and FIU, irrespective of whether or not Americas vehicle is traveling with or without passengers.
Americas agrees to keep a written record of total passenger count and pets,(in cage)that it transports,.
2.2.1 Payment under this Agreement, (there is no fare charge to passengers). ATC shall provide
Clerk with documentation as require or set by County. Payment will be made after delivery and inspection
by COUNTY and upon submission of invoice by ATC.
2.3 ATC 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, rules and regulations as may govern the Clerk's disbursal of funds,
2.4 COUNTY shall play in accordance with the Florida Local Government 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 five 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.
Section 6 Notices.
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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 63 d Street, Suite 150
Marathon, Florida 33050
Jose Tezanos, Planner
Emergency Management
49063 d Street, Suite 150
Marathon, Florida
FOR ATC:
Dionne Jane
Safeguard America, Inc. d/b/a AmericasTransportation.com
3935 NW 261h Street
Miami, FL 33142
WITH COPY TO:
Safeguard America, Inc. d/b/a AmericasTransportation.corn
PO Box 143977 Coral Gables, FL 33114
Attention: Steven Masdeu, Director
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. Governing 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 ATC 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 16'h Judicial Circuit for Monroe County, Florida. This Agreement is
not subject to arbitration.
Section 8 Entire Agreement/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 of this Agreement, unless in writing signed by both parties.
Section 9 Access to Records and Audits.
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9.1 ATC 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 regular business hours
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 AB ATC pursuant to this
Agreement were spent for purposes not authorized by this Agreement, ATC shall repay the monies together
with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to ATC.
9.2 The COUNTY and ATC 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 ATC in conjunction with this
Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by ATC.
Section 10: Non-Reliance By
- 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 ATC 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 ATC understand that the employees provided by ATC for the purpose of
this disaster drill remain the employees of ATC. 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. ATC 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 ATC to comply with the requirements of this section shall be
cause for immediate termination of this agreement.
Prior to execution of this agreement, ATC 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.
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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 general liability coverage with limits of liability of not less than $1,000,000.001 per occurrence
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 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 Authority
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
by law.
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 ATC 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
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agency; unauthorized compensation; misuse of public position, conflicting employment or contractual
relationship; and disclosure or use of certain information.
Section 19 No Solicitation/Payment.
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 ATC 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 Immunity. 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.
Section 21 Cessation of Services. ATC reserves the right to suspend services under this
Agreement, if, in ATC's sole judgment, services under this Agreement cannot be operated safely or without
unacceptable risk to person or property.
Section 22 The Contractor will:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the
public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that the
public agency would provide the records and at a cost that does not exceed the: cost provided in this,chapter
or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency
all public records in possession of the contractor upon termination of the contract and destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure requirements,. All
records stored electronically must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
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IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year executed
by both parties.
BOARD OF COUNTY
(SEAL) COMMISSIONERS
Attest: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
By: By: Mayor Sylvia Murphy...
Deputy'Clerk ......................................................................................
Date: Date:
B7y :26k-
Safeguard America, Inc.
Chief Executive Officer or Corporate
Representative with Signatory Authority
Printed Name
Dated:
Wi s or S erica, Inc.
-----------
Sig ure
Print Name MONR COUNTY ATTORNEY
Date: AP V ED AS T" R
0 NTHIA L. ALL
ASSIS'TANIT A UNTY AT T RNEY
Date__
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