Item C11BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 19, 2013 Division: Emergency Services
Bulk Item: Yes X No _ Department: Emer enc Mang ement
Staff Contact Person/Phone # Jose Tezanos / 305-28 6325
AGENDA ITEM WORDING: Approval to enter into an agreement between Evergreen Trails, Inc.
d/b/a Horizon Coach Lines and Monroe County Board of County Commissioners, 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 authorization for the County
Administrator to execute any other required documentation.
ITEM BACKGROUND: On September 13, 2012 Evergreen Trails, Inc. parent company
Transportation Management Services purchased the American Coach Line assets from bankruptcy court,
and assumed operation of the Dade -Monroe Express, Route #301. They are the only Miami Dade
Transit approved vendor running from Florida City to Marathon; Key West Transit has the route from
Marathon to Key West. We have an Interlocal Agreement with Key West Transit as well. Additional
emergency transportation services means services over and above their normal route. American Coach
Line (ACL) earned the right to be the sole provider of this service by virtue of a closed bid (RFB), and
Evergreen trails assumed the route rights when it bought ACL's assets in Bankruptcy Court.
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 _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty X MB/P chasing X Risk Management X
DOCUMENTATION: Included X Not Required_ __
DISPOSITION:
Revised 7/09
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Evergreen Trails, Inc. Contract #
Effective Date: June 19, 2013
Expiration Date: June 18, 2018
Contract Purpose/Description:
Approval to enter into an agreement between Evergreen Trails, Inc. d/b/a Horizon
Coach Lines and Monroe County Board of County Commissioners, 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 authorization for the
County Administrator to execute any other required documentation.
Contract Manager: Jose Tezanos 6325 14
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on June 19, 2013 Agenda Deadline: June 4, 2013
CONTRACT COSTS
Total Dollar Value of Contract: $ $100 hr. Current Year Portion:$
rate
Budgeted? Yes❑ No ® Account Codes: - - - -
Grant: $ - - - -
County Match: $ 0 - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed evie er
Division Director/ 3 Yes❑ NoDi 0
Risk Management r"(�� Yes[—] NoE�
O.M.B./Purchasing 113 Yes❑ No0
County Attorney `� Yes[:] NoZ/ 0 �• " �'"' S ��
Comments:
OMB Form Revised 2l27/01 MCP #2
Agreement between Evergreen Trails, Inc.
and Monroe County
THIS AGREEMENT is made and entered into this day of , 201 by
and between MONROE COUNTY, a political subdivision of the State of Florida, with principal offices
located at 1100 Simonton Street, Suite 2-205, Key West, Florida 33040 ("COUNTY"), and
EVERGREEN TRAILS, INC. ("ET"), a Washington for -profit corporation, doing business under Florida
Trademark name Horizon Coach Lines ("HCL"), located at 4500 W. Marginal Way SW, Seattle,
Washington 98106.
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 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, HCL 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 ET, 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 ET 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 ET shall be contacted by County to begin the service.
Page 1 of 7
1.3 ET 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. Payment.
2.1 The parties acknowledge that ET 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 ET 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 ET 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 HCL's vehicle is traveling with or without passengers.
HCL 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). ET 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 ET.
2.3 ET 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 pay 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.
All notices and other communications required under this Agreement must be in writing and addressed as
Page 2 of 7
follows: FOR COUNTY:
Irene Toner, Director
Emergency Management
490 63`d Street, Suite 150
Marathon, Florida 33050
Jose Tezanos, Planner
Emergency Management
490 63`d Street, Suite 150
Marathon, Florida
FOR ET:
Roberto Arencibia, General Manager
Evergreen Trails, Inc.
3595 N.W. 110 Street
Miami, FL 33167
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 ET 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 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.
9.1 ET 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 ET pursuant to this Agreement were spent for purposes not authorized
Page 3 of 7
by this Agreement, ET shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS,
running from the date the monies were paid to ET.
9.2 The COUNTY and ET 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 ET in conjunction with this
Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by ET.
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 ET 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 ET understand that the employees provided by ET for the purpose of this
disaster drill remain the employees of ET. 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. ET 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 ET to comply with the requirements of this section shall be
cause for immediate termination of this agreement.
Prior to execution of this agreement, ET 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 general liability 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.
Page 4 of 7
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 Severability.
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 ET 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 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
Page 5 of 7
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 ET 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 ET reserves the right to suspend services under this Agreement,
if, in ET's sole judgment, services under this Agreement cannot be operated safely or without unacceptable
risk to person or property.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year executed
by both parties.
Page 6 of 7
(SEAL)
Attest: AMY HEAVILIN, CLERK
Deputy Clerk
Date:
Wit s r Evergreen Trails, Inc.
natupe—
Z° Cz--r,
Print Name
Date: &a -) '/i
Page 7 of 7
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor George Neugent
Date:
By
vergreen Trails, Inc.
Chief Executive Officer or Corporate
Representative with Signatory Authority
Printed Name
Dated:
T
MONROE COUNTY ATTORNEY
ff PROVED A &Fkm:
CYNTHIA L. HALL
ASSISTANT COUN Y,]TTORNEY S
Date rC
oll