Item C28BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date May 16, 2007
Bulk Item: Yes X No _
Division: Emergency Services
Department: _ Emergency Management
Staff Contact Person: Jose Tezanos
AGENDA ITEM WORDING: Request BOCC approval to enter into an agreement with American
Coach Lines of Miami Inc., 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.
ITEM BACKGROUND: Effective Monday, July 10, 2006, American Coach Lines (ACL), under
contract with Miami Dade Transit assumed operation of the Dade -Monroe Express, Route #301. ACL
is providing newer buses and is committed to provide Monroe County the same services we came to
expect from the prior operator. Their ability to provide transportation to our residents as well as the
business community during evacuation and our recovery process has proven to be of great assistance
after previous storms.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: It is appropriate to accept American Coach Line Inc., Agreement,
TOTAL COST: NONE
COST TO COUNTY: NONE
BUDGETED: Yes No X
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year .00
APPROVED BY: County Atty X OMB/Purchasing X Risk Management X
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 8/06
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: American Coach Lines of Contract #
Effective Date: May 16, 2007
Expiration Date: May 15, 20I0
Contract Purpose/Description:
Request BOCC approval to enter into an agreement with American Coach Lines of
Miami Inc., to provide additional emergency transportation services to Monroe County
and recovery phase of an emergency as determined by Monroe
Contract Manager: Jose Tezanos 6325 14
(Name) (Ext.)
for BOCC meetin on Yal 16, 2007 A enda Deadline: M
(Department/Stop #)
L 2007
�—�- CONTRACT COSTS
Toar ea-(MeWo-/n�tract' Uffknown Current Portion: $ Unknown
Budgeted? Yes❑ No ® Account Codes: - - - -
Grant: $
County Match: $ 0
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included m dollar value above) (ea. maintenance_ ntilities_ ianitnrial_ salaries.. etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director �'�`� Yes❑ Noo
Risk Mana emend Yes[:] N62A'
O .B./Pu`%chasing *0TYesEj NoE�-�
County Attorney 4M02 Yes❑ Noa 7
s # f rw E
Form Revised 2/27/01 MCP #2
Date Out
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El
MEMORANDUM ATTACHMENT TO AGENDA ITEM SUMMARY
Meeting Date: May 16, 2007
Bulk Item: Yes X No
Division:Emergency Services
Department:Emergeny Management
Staff Contact Person: Jose Tezanos
AGENDA ITEM WORDING: Request Board of County Commissioners approval to enter into an
agreement with American Coach Lines of Miami Inc., 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.
ITEM BACKGROUND: Effective Monday, July 10, 2006, American Coach Lines Inc., (ACL), under
contract with Miami -Dade Transit assumed operation of the Dade -Monroe Express, Route # 301. ACL is
providing newer buses and is committed to provide Monroe County the same services we came to expect
from the prior operator. Their ability to provide transportation to our residents as well as the business
community during evacuation and our recovery process has proven to be of great assistance after previous
storms.
PREVIOUS RELEVANT BOCC ACTION: None
CONT RACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: It is appropriate to accept American Couch Line Inc., Agreement.
APR-30-2007 16:32 AMERICAN COACH LINES 3056818134 P.02
Agreement between American Coach Lines Inc.
and Monroe County
THIS AGREEMENT is made and entered into this d2� day of 1 I 200_1 by
and between MONROE COUNTY, a political subdivision of the State of Flori a, with principal offices
located at 1100 Simonton Street, Suite 2-205, Key West, Florida 33040 ("COUNTY"), and AMERICAN
COACH LINES OF MIAMI INC., a Florida for -profit corporation, located at 3595 Northwest I10t'
Street, Miami, Florida 33167 ("ACL").
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, 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, 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
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.
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APR-30-2007 16:33 AMERICAN CORCH LINES 3056818134 P.03
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.
Section 2. Pa'yment.
2.1 The parties acknowledge that ACL has an existing agreement with Miami -Dade transit. This
Agreement is intended to be in addition to the agreement with Miami -Bade. It is understood by the parties
that ACL 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 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 fi•om Key West to .FIU. ACL agrees to keep a written record of each person and pet that it
transports.
2.2.1 Payment under this Agreement shall be for services over and above those services which fall
under the Miami -Dade Agreement. ACL shall provide Clerk with documentation which demonstrates that
any fare charged under this Agreement is separate from fares reimbursed under the Miami -Dade agreement
and are not a duplication of the fares being 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 hands.
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 three 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.
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RPR-30-2007 16:33 AMERICAN COACH LINES 3056818134 P.04
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 110d' 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
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 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 16d' Judicial Circuit for Monroe County, Florida. This Agreement is
not subject to arbitration.
Section 8 Entire Aereement/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
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
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APR-30-2007 16:34 AMERICAN COACH LINER
3056818134 P.05
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
authorized by this Agreement, ACL shall repay the monies together with interest calculated pursuant to Sec.
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
Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by ACL.
Section 10 Non -Reliance By Nan -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 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
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements 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.
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
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APR-30-2007 16:34 AMERICAN COACH LINES 3056818134 P.06
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 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 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.
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APR-30-2007 16:35 AMERICAN CORCH LINES
3056810134
P.07
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 ACL 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 24 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.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year executed
by both parties.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
M.
Deputy Clerk
Date:
iami, Inc.
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Mario DiGennaro
Date:
By
Am Coach i zami, nc.
Chief Executive Officer or Corporate
Representative with Signatory Authority
7 -
'rg'4
Printed Nam
e
Dated:
MONROE COUNTY ATTORNEY
APP VED AS TO FO
N TIL ENE W, CAS EL
ASSISTANT COU TY ATTORNEY.
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APR-30-2007 16:35 AMERICAN COACH LINES 3056818134 P.08
_j;c/c 4 Of
Print Name
Date: c
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TOTAL P.08