Item C12BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Feb 15,
2012
Division:
Emergency
Services
Bulk Item: Yes
X
No
Department:
Emer enc
Management
Staff Contact Person/Phone # Jose Tezanos 1305-289-6325
AGENDA ITEM WORDING: Approval of Modification #3 to extend expiration date from April 30,
2007 to December 31, 2012 of the agreement with American Coach Lines of Miami Inc. (ACL), 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: American Coach Line has provided transportation services since July 10,
2006 under contract with Miami -Dade Transit assuming operation of the Dade -Monroe Express, Route
#3 01. They assisted Monroe County with emergency transportation during the 2008 storm season,
providing evacuation, and reentry services during Hurricane Ike, and Tropical Storm Fay.
CONTRACT/AGREEMENT CHANGES: The BDCC approved on May 16, 2007 an agreement with
ACL to provide additional emergency transportation services during evacuation, re-entry and recovery
base. On May 19, 2010 the BDCC approved Amendment # 1 to extend services an additional year. On
P February 16, 2011 the BDCC approved Amendment #2 to extend services an additional year.
STAFF RECOMMENDATIONS: Approve Amendment #3
TOTAL COST: 2.25 per rider INDIRECT COST: BUDGETED: Yes No X
DIFFERENTIAL OF LOCAL PREFERENCE: NIA
COST TO COUNTY: 2.25 per rider SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No; X UNT PER MUIV"l�ri rear
APPROVED BY: County Atty 'X OMB/Purc 7asing X Risk Management X Y(1��
DOCUMENTATION: Includ X Not Required.
DISPOSITION: AGENDA ITEM #
Revised 7/09
MDNRDE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: American Coach Lines of Contract #
Miami
Effective Date: April 30, 2007
Expiration Date: December 31, 2012
Contract Purpose/Description:
Approval of Modification #3 to extend expiration date from April 30, 2007 to December
313 2012 of the agreement with American Coach Lines of Miami Inc. (ACL), to provide
additional emergency transportation services to Monroe County residents, pests, 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 Mana Yement, 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 Feb 15, 2012 Agenda Deadline: Jan 31, 2012
CONTRACT COSTS
Total Dollar Value of Contract: $ 2.25@rider
Budgeted? Yes❑ No 0 Account Codes:
Grant: $
County Match: $ 0
Current Year Portion: $
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 ev er
Division Director /-?J-/� Yes[-] No
���� -
Risk Managem nt �Yes NoEj 7_1 C?
O.M.B./Purc sing 1�� Yes[:]No[� � 2
County Attorney I- (�-I� Yes❑ No� d �' Z�'
Comments:
AMENDMENT #3 To AGREEMENT BETWEEN AMERICAN COACH LINES INC. AND MONROE COUNTY
nt dated the � day of r LAH 2012 is entered into b and between
THIS AMENDMENT is agreement y Y
the Board of County Y Commissioners for Monroe County, and AMERICAN COACH LINES of MIAMI INC.,
a Florida for -profit corporation, located at 3595 Northwest 11othStreet, Miami, Florida 33167 ("ACU),
WHEREAS there was a contract entered into on April 30th1 2007 between the parties, to offer transit
services to residents, quests, workforce and caged or crated pets during the evacuation, re-entry, and
recovery phase of an emergency as determined by Monroe County Emergency Management for a term of
three (3) years; and
WHEREAS, it is necessary to extend the Agreement to allow for such services during the 2012
Storm Season;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to
the amended agreement as follows:
I. Paragraph 3. Term of the Agreement shall be revised to read: This Agreement is for the period
of April 30, 2007 through December 31, 2012 unless terminated earlier under paragraph 4 of this
Agreement.
2. The remaining provisions of the contract dated April 30, 2007 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.
(SEAL) Board of County Commissioners
Attest: Danny L. Kolhage, Clerk of Monroe County
Deputy Clerk
Date:
(CORPORATE SEAL)
Attes
Secretary
. xon6-L ps�4 e's
Prins Name
OR.0 WITNESSES
OU4 L (AA,
Print Name
Amendment #3
American Coach Lines of Miami, Inc.
Mayor David Rice
Date:
American Coach Lines of Miami, Inc.
By
Chief Executive d0rc'e'"'i or Corporate
Representative with Signatory Authority
hf lei knitcL V
Print Name
Date: l I ZH LO 12
(2(2) J in" \Jck,22P C,-
Print Name
MONROE COUNTY ATTORNEY
AP &AR OV D.A T F
_g
'46.yr
YNTHIA L. HALL
ASSISTANT COUNTY ATTORNEY
Date
-6 DATE (MMIDDIYYYY)
ACOORLa CERTIFICATE OF LIABILITY INSURANCE B16 011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiicy[Ies) must be endorsed. 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). COWrACT
PRODUCER JtAMFAX
Marsh USA Inc. PHONE
1000 Main Street, Suite 3000 f1• c N ;
Holston, TX 77002 aoos:
016276-Prime-GAXWX-1 I A 2
INSURED
American Coach Lines of Mlami
3595 NW i i ath Street
Mlami, FL 33167
ACLM LIAB
INSURER 8 AFFORDING COVERAGE _ I NAIL #
INSURER A : Nalional Urdon Fire Ins Co Pittsburgh PA 19445
INSURER B : New Hampshire Insurance Company 23841
INSURER C : Lexington Insurance Company i 9437
INSURER D :
INSURER E
INSURER F :
COVERAGES CERTIFICATE NUMBER: HOU-001909889-07
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 ADD
TR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF POLICY ExP
MI MV D M
LIMITS
A GENERAL LIABILITY GL1738141
09/1612011 0911612012
EACH OCCURRENCE Is
1,o00,0Da
� AMAGERTED1,000,00D
X
COMMERCIAL GENERAL LIABILITY
MlsE$ tE ° erica]
EXCLUDED
CLAIMS -MADE M OCCUR
MED EXP (Aone person $
rk
PERSONAL & AD�V INJURY $ _ _
O
v A .
GENERAL AGGREGATE $
�'0�
20KO
,
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGO $_J
1 � ����
J X POLICY PRO. LOC
AUTOMOBILE LIABILITY CA9798679
09/1612011 09116/2012
$
IHVL 1 1 $
a ff N acED cident)
5,000,000
FA x
BODILY INJURY (Per person) 5
ANY AUTO
ALL OWNED
SCHEDULED
BODILY INJURY (Per accident) $
x
AUTOS
X AUTOS
ON OWNED
PROPERTY DAMA0 $
(Per su; en
C
HIRED AU TOS
AUTOS
043732409
0911612011 OWiW2012
EXCESS AUTO $
5,000,000
A X
UMBRELLA LIAR
X
OCCUR 25030495
09/1612011 0911612012
EACH OCCURRENCE $
25'000'000
EXCESS LIAR
CLAIMS -MADE
AGGREGATE $
25,000.000
B WORKERS
COED RETENTION $
COMPENSATION WC3715158
09/16/2011 09/1612012
x I WC STATTORYJAMU- OTH-
AND EMPLOYERS' LIABILITY YIN
13
WC3715756 California
0911612011 0911612012
E.L. EACH ACCIDENT
'I'M0,000
ANY PROPRIETORIPARTNEmexECUTIVE
B OFFICERIMEMBER ExCLUDEDT
NIA WC2087664 (Florida)
0911612011 09116i2012,000,0D0
E.L.EDISEASE - EA EMPLOY 5
(Mandatory In NH)
B If as, describe under WC2087663 (Wisconsin)
0906/2011 091'16i2012
E L DISEASE - POLICY LIMIT $
1'0�'00D
D -SORIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) -
nroe County Board of County Comml-Wonera is included as Additional Insured as respects all policies {exc Work `,Compensabo , at required by wntten contract, but only for ktability arising out of the
Aerations of the Named Insured, r�
: ,e k6w T .
a
CERTIFICATE 14OL#]ER 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.
John T, Riedel
a 1988-2018 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
Agreement between American Coach Lines Inc.
and Monroe Coswunloomw
un
a 0THIS AGREEMENT is made and entered into this4& da ofADC1 ,200 bYY
and between MONROE COUNTY, a political subdivision of the State of Flori a, with principal offices
located at 1100 Simonton Street, Suite 2-205, Ivey 'Nest, Florida 33040 ("COUNTY"), and ANMRICAN
COACH LINES OF MIAMI INC., a Florida for -profit corporation, located at 3595 Northwest 110th
Street, Miami, Florida 33167 ("ACL11).
wITNESSETH:
wREAS, 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 recognzes 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, 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, CO TNT,Y" 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
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 110t" Street
Miami, F13 3167
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, Intretation.
This Agreement shall be governed b and construed in accordance with the lays of the State of Florida
� y
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 16'h Judicial Circuit for Monroe County, Florida. This Agreement is
not subject to arbitration.
Section S Entire A -eement[ModifcationlAmendment.
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 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 3of7
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 Severabilil .
41
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 Caunteryarts.
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 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 Solicitation/Pay ent.
Page 5 of 7
MARSH C1
PRODUCER
Marsh USA Inc.
1000 Main Street, Suite 3000
Houston, TX 77002
ti
316276-ACL-Casua-06-07 ACLM
INSURED
American Coach Lines of Miami
3595 NW 110th Street
Miami, FL 33167
COVERAGES This certificate supersedes and replaces an
THIS IS To CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BE
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR C
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJEC
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
I
CO I TYPE OF INSURANCE POLICY NUMBER Pt
LTR C
GENERAL LIABILITY
i
A ; X ; COMMERCIAL GENERAL LIABILITY i GL 1738141 10C
CLAIMS MADE OCCUR
i OWNER'S S CONTRACTOR'S PROT I I
f l
AUTOMOBILE LIABILITY }
i
8 X It ANY AUTO !CA 9798679 OC
B i 1 ALL OWNED AUTOS I CA 9799248 (Oregon) 0E
I +
I SCHEDULED AUTOS �
HIRED AUTOS
: NON -OWNED AUTOS l
I
I
1
GARAGE LIABILITY 'f
ANY AUTO t
EXCESS LIABILITY
` UMBRELLA FORM
OTHER THAN UMBRELLA FORM
B WORKERS COMPENSATION AND WC 3715758 0C
EMPLOYERS' LIABILITY
13 JWC 3715756 (Califomia) iW
t
B THE PROPRIETORI IX INCL WC 2087663 (Wisconsin) E0C
PARTNERTE.KECUTIVE IWC 2087664 (Florida) 10C
13 i OFFICERS ARE- ]EXCL.
lOTHER
i
i
DESCRIPTION OF OPERATIONStLOCATIONSfVEHICLES/SPECIAL ITEMS
Monroe County is included as Additional Insureds as respects all policies (exc
arising out of the operations of the Named Insured.
CERTIFICATE HOLDER
Monroe County
490 63rd Street, Ocean
Suite 150
Marathon, FL 33050
=RTI F I CATE OF INSURANCE CERTIFICATE NUMBER
H G U-000745556-02
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
No RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
r
COMPANY
A NEW HAMPSHIRE INSURANCE CO
COMPANY
B AMERICAN HOME ASSURANCE COMPANY
COMPANY
I C
COMPANY
D
y previously issued certificate for the policy period noted below. 1
:N ISSUED To THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED
ITHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
,T TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
)LICY EFFECTIVE } POLICY EXPIRATION LIMITS
SATE (MMIDDIYY) DATE (MMIDDIYY)
� I
' GENERAL AGGREGATE $ 2,000,000
/16/06 109/16/07 PRODUCTS - COMPfoP AGG $ 1,000,000
PERSONAL & ADV INJURY $ 10000,000
! EACH OCCURRENCE $ 1,000+000
FIRE DAMAGE (Any one fire) $ 11000,000
t MED EXP (Any One arson) $ 50000
COMBINED SINGLE LIMIT 1 $ 5,0009000
/16106 09/16/07
/16/06 � 09/16/07 BODILY INJURY ! $
(Per pemon)
BODILY INJURY Is
i IPer acckient)
PROPERTY DAMAGE $
i
AUTO ONLY - EA ACCIDENT 1 $
OTHER THAN AUTO ONLY:
I EACH ACCIDENT $
i
j AGGREGATE + $
} EACH OCCURRENCE Is
AGGREGATE $
WC U. OTH-1
1/16106 09/16/07 TORY LIMITS I ER
I/16/06 09/16/07 EL EACH ACCIDENT $ 1 ,0a),00D
1116/06 09/16/07 EL DISEASE -POLICY LIMIT $ 1,000,00
I/16/06 109/16/07 ; EL DISEASE -EACH EMPLOYEE $ 11000,000
l
I
ept Workers! Compensation}, as required by written contract, but only for liability
CANCELLATION
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 31) DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN BUT FAsLURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. OR THE
ISSUER OF THIS CERTIFICATE
MARSH lI5A INC.
BY: John T. Riedel' 1 . �•�-�
MM1(3102) VALID AS OF: 06/21 /07