Loading...
Item C21BOARDF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Aug 15, 2012 Division: Emergency Services Bulk Item: Yes X No _ Department: Emergency Management Staff Contact Person/Phone # Jose Tezanos / 305-289-6325 AGENDA ITEM WORDING: Approval of 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. The original agreement provides for 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 #301. They assisted Monroe County with emergency transportation during the 2008 storm season, providing evacuation, and re-entry services during Hurricane Ike, and Tropical Storm Fay. CONTRACT/AGREEMENT CHANGES: The BOCC approved on May 16, 2007 an agreement with ACL to provide additional emergency transportation services during evacuation, re-entry and recovery phase. On May 19, 2010 the BOCC approved Amendment #1 to extend services an additional year. On February 16, 2011 the BOCC approved Amendment #2 to extend services an additional year. On February 15, 2012 the BOCC approved Amendment #3 to extend services through December 31, 2012. TOTAL COST: 2.25 per rider plus hourly rate INDIRECT COST: ® BUDGETED: Yes _ No X DIFFERENTIAL 1 LOCAL PREFERENCE: COST TO 1 per • plus hourly_Late1 OF FUNDS: PRODUCING:REVENUE No,X AMOUNTMONTH APPROVED BY: County Atty X OMB/Purchasing X Risk Management X F DOCUMENTATION: Included X Not Required DISPOSITION: AGEN Revised 7/09 Contract with: American Coach Lines of Contract # Miami Effective D. April 30, 2007 Contract Purpose/Description: Approval of Modification #4 to amend the American Coach Lines of Miami Inc. (ACL) contract to provid for revised rates, assignability, and procedures for operation in the event of hazardous conditions of the a ement with ACL. The original agreement provides for additional emergency transportation services to Monroe County residents, guests, workforce owl Contract Manager: Jose Tezanos (Name) rMT; 0 1 N I USM110"IM311; •1irl. 6325 14 (Ext.) (Department/Stop #) we) IN, I N'T.,01 NXIM 0 2.25@ rider Current Year Portioni --�- Budgeted? YesF] No Z Account Codes. Grant: $ County Match: $ 0 Estimated Ongoing Costs: $ ADDITIONAL COSTS For: (Not included in dollar value above) (eg. maintenance, CONTRACT REVIEW etc. Changes Date Out Date In 2Needed, e er,," -. Division Director YesEl No ( Risk Management -7-4L�- YesE] No[ C51/ O.M.B./Purchasing Yeso No2f ttq-w� YesE] No] (qu 2A�� County Attorney Comments: AMENDMENT #4 TO AGREEMENT BETWEEN AMERICAN COACH LINES OF MIA I, . . This Amendment to agreement dated the lst day of August, 2012, is entered into by and between the Board of Countv, Commissioners for Monroe Count�i, and AN%%6*T,-.-&-C,9,-r.,���w.%&.%ik-�ny, Inc., a Florida for -profit corporation, located at 3595 Northwest loth Street, Miami, FL 33167 ("ACL") NOW THEREFORE, in consideration of the mutual covenants contained herein the parties agree 1. Section 2.Zofthe Agreement shall berevised hzread: COUNTY and A[Lagree that the cost of emergency transportation service shall bepaid bvMonroe County. The cost ofthe transportation services shall be $82.ZZper hour (hourly rate mirrored byMiami Dade Transit 301route) for each trip between Key West and F|U,irrespective ofwhether ornot A[[svehide istravelling with our without passengers. A[Lagrees tokeep awritten record ofeach person and pet that ittransports. 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. ("TIVIS") 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 TIVIS or an operating affiliate of TIVIS, and that after such assignment, ACL shall have no further rights, duties or obligations under the Agreement; that TIVIS shall assume all of ACL's rights, duties and obligations under this Agreement, and that COUNTY shall look solely to TIVIS 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 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. a Delaware corporation 1�•.��il /' r , Date: By: Name: Title: Date: i a � r i.," j •� PHONECO TACT ion /11 0_ Ilfi . a 11 L ACLM LIAR INSURED American Coach Lines of Miami 3595 NW 1101h Street Miami, FL 33167 PittsburghNational Union Fire Ins Co HampshireNow Company Lexington Insurance Company "OVERAGES CERTIFICATE NUMBER: HOU-001909889-07 I. 10 li'kT:7-ir^!yl-f�©1Yu/liLST�I�i�,ii�f GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PR®- LOC A AUTOMOBILE LIABILITY CA9798679 09/16/2011 09/16/2012 ANY AUTO ALL OWNED SCHEDULD AUTOS AUTOSNONOWNED IR X C HIRED AUTOS AUTOS 043732409 09/16/2011 09/16/2012 A X UMBRELLA LIP 26030495 09B16f201109/1682012 �rLAImEsmAoE EXCESS LIAR COMPENSATIONWORKERS AND EMPLOYERS' LIABILITY Y1w'1 WC3715756 (California) 1' 1. 1• 1 + •(Mandatory 1, {. ... {.. IIIIIIII Me describe under -F.sV9 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace In required) Aonros County Board of County Commissioners is included as Additional Insured as respects all policies (exce Works 'Compensatio , a1 require( operations of the Named Insured, Hr 41 0=%1101nAl Lot IRAM1=12• 7 # NAMED ABOVE FORPOLICY PERIOD DOCUMENT• WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS. LIMITS . r - ill tit :- 1110)t t e D PERSONAL& ADV INJURY Itt 111 i /11 111 Per accident EXCESS AUTO $ 5,000,0001 .. 111 111 25,000.000 111 111 E.L. EACH ACCIDENT 111 111 # 4 '.1x "AAMI,©, by written contfact, but only for liability arising out of the 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 11 W Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS, Key West, FL 33040 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. John T. Riedel 0198-1 RD CORPORATION. All rights reserved. ACORD 2 (210/) The ACORD name and logo are registered marks of ACORD L and Monroe County day of ADC % i I _, 200_1 by THIS AGREEMENT is made and entered into this Ro—rih, with principal offices and between MONROE COUNTY, a political subdivision of the State of located at 1100 Simonton Street, Suite 2-205, Key West, Florida 33 040 ("COUNTY"), and AMERICAN COACH LINES OF MIAMI INC., a Florida for -profit corporation, located at 3595 Northwest 110"' Street, Miami, Florida 33167 ("ACL"). WITNESSETH: WHEREAS, COUNTY recognizes the need to provide additional emergency transportation services to Monroe County residents, guests, worldorce 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 VirHEREAS, 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 WHERE AS, 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 cratcd 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 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 Marathon and the Monroe Countli 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. 1.3 ACL 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. • 2.1 The parties acknowledge that ACL has an existing agreement with Miami-Dacle transit. This A-reement is intended to be in addition to the a-reenient with- Miami -Dade. It is understood by the parties L_ C that ACL wilt be reimbursed first by Miami -Dade transit as set out under their agreement. Nothing in this Im Agreement shall interfere with the Mianii-Dade Agreement. 2.2 COUNTY and ACL agree that the cost of emergency transportation service shall be paid by Monroe County. The cost of the transportation shall not exceed $1.85 per person and $1.85 per pet for a one way trip from Key West to FIU. ACL agrees to keep a written record of each person and pet that it transports. 2.2.1 Payment tinder this Agreement shall be for services over and above those services which fall under the Miami -Dade Agreement. ACL shall provide Cleric with documentation which demonstrates that any fare charged under this Agreement is separate from fares reimbursed tinder the Mian-ide agreement qL14 ju� ,To TvmM�ilbmw �v�Twe e fares a-beiliFv reimbursed under the Miami -Dade Agreement. Said supporting documentation shall be acceptable to the Clerk. Payment will be made after delivery and inspection —by COUNTY and upon submission of invoice by ACL. 2.3 ACL 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. 111111�iil 2.5 Monroe County's performance and obligation to pay under this contract, is contingent upon an fnnual appropriation by the Board of County Commissioners. Section 3. Term ajory to the Agreement, ani T.Ow- shall run for three years from that date, unless terminated earlier under paragraph 4 of this Agreement. Section 4. Termination upon not less than thirty (30) days' This Agreement may be terminated at the discretion of either party written notice to the other party. Section 5. Requirements for Evacuation and Transportation of P have the Pets to be transported must be properly caged or crated, must have pre -registered, and must appropriate documen * tation 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 follows: FOR COUNTY: Irene Toner, Director Emergency Management 490 63rd Street, Suite 150 Marathon, Florida 33050 Jose Tezanos, Planner a w-eW- 490 63d Street, Suite 150 Marathon, Florida FOR ACL: Brett Brittenum, Location Manager 3595 NW I I 01h Street Miami,F133167 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 tivernight 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 7v*VM1k1g ij-km�,A"f wo i-*;qr; 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 161h 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 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 �ave reasonable and timel access to such wallis Agreement Yur pTTTATFZ�l i and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to ACL pursuant to this Agreement were spent for purposes not 55.03, FS, running from the date the monies were paid to ACL. 9.2 The COUNTY and ACL 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 ACL in conjunction with this pvmrm; 2.11 977 this provision by ACL. 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 ACL 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 ACL understand that the employees provided by ACL for the purpose of this disaster drill remain the employees of ACL. 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. ACL shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. Section 12—Insurance i cuirements contained elsewhere within this agreement. Failure of ACL to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, ACL 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. COMPREHENSI'VE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less COMMERCI L GENERAL LIABILITT. nce ir 11111111 , 11111tiligill I j I M9 MTRITIVI 011111119MUEMM 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 tl-&ty (30) calendar days' written notice shall be provided to the COUNTY before any Dolicy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified Section 13 Severability. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the n valid and enforceable to the fullest extent permitted by law. Section 14 Waiver. W-Wiirr, j& n iii i r (OP, r I MWILUMMOM101,71MALM Section 15 Counterparts. 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/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 j!aid 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 apon or resulting from the award or making of this Agreement. For the breach or violation of the provision, 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, ITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year executed . y �itp C. ,--Altest: DANNY L KOLHAGE, CLERK By - Deputy Clerk Date: MAY 1 6 2007 MONROE COUNTY ATTORNEY PROVED AS TO FORM: poll BOARD OF COUNTY COMMISSIONERS D ate* . DiGennaro gr Mario 1 6 200'i_____ cge7 z- Printed Name Z /JY Dated:— 9/'-jt/fv e-3 r-r' c- L rn' 71 10 Print Name Date: MARSH PRODUCER Marsh USA Inc. 1000 Main Street, Suite 3000 Houston, TX 77002 16276-ACL-Casua-06-07 ACL INSURED American Coach Lines of Miami 3595 NW 110fh Street Miami, FL 33167 i THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED #I J11211 L AIN Oil l� r COMPANY NEW HAMPSHIRE INSURANCE CO COMPANY AMEICAN HOME ASSURANCE COMPANY COMPANY I C COMPANY COVERAGES This certificate supersedes and replaces any previously issued certificate for the poilcy period noted below. 1 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN Y HAVE BEEN REDUCED BY PAID CLAIMS GO I I cc POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTRI TYPE OF INSURANCE I POLICYNU ER DATE(M DIYY) DA7H( MIDDIYY) I GENERAL LIABILITY l GENE AGGREGATE , $ 2,000,000 A ; X COMMERCIAL GENERAL LIABILITY iGL 1738141 i09/16/06 109/16/07 PRODUCTS - COMPIOPAGG $ 1,000,000 F CLAIMS M E r x I OCCUR ' ! ! PERSONAL 8 V INJURY $ 1,000,000 _°®' r®®I OWNER'S & CONTRACTOR'S PROT I I I I EACH OCCURRENCE $ FIRE DAMAGE (Ao one fire) is 1,000,000 MED ExP tAny rile versos) $ 5,000 AUTOMOBILE LIABILITY 1 ; COMBINED SINGLE LIMIT $ 5,000,000 09/16/07 1 X ' ANY AUTO CA 979867 �09/16/06 109/16/07 B IL I ALL OWNED AU70S ICA 9799248(Oregon) 109/16/06 BODILY INJURY $ 1 (Per person) o SCHEDULED AUTOS l i 'L HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS i I (PeraCGtlent) fir PROPERTY DAMAGE t $ GARAGE LIABILITY ry ' ANY AUTO I I 1 i 1— I EXCESS LL48UTY UMBRELLA FORM OTHER THAN UMBRELLA FORM ATIONAND WC B I WORKERSCOMP 87 EMPLO RS' L1 I B WC 3715756 (California) THE PROPRIETOR/ I X I WC 2087663(Wisconsin) PARTNEPS.'E,YECUTIVE r®� INCL 207664 (Florida) B I OFFICERS ARE, CL'WC DESCRIPTION OF OPERATIONSILOCATIONSrVENICLESISPECIAL arising out of the operations of the Named Insured. ME OTHER THAN . ONLY: EACH ACCIDENT $ AGGREGATE EACH OCCURRENCE $ AGGREGATE is 09/16/07 1 X i T Rv'�I Ir's ; i 09/16107 EL EACH ACCIDENT $ 1,000,000 09/16/07 [EL DISEASE -POLICY LIMIT f $ 1,0 ,000 109/16/07 , EL DISEASE -EACH EMPLOYEE. $ 1,000,0 SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE VALL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE Monroe County CERTIFICATE HOLDER NAMED HEREIN BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 90 63rd Street, Ocean Suite 150 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES. OR THE Marathon, FL 33050 ISSUER OF THIS CERTIFICATE MARSH USAINC BY: John T. Riedel 1 i(3/02) VALID AS OF: 06/21/07