HomeMy WebLinkAbout03/11/2026 Agreement
DATE: March 12, 2026
TO: Cory Schwisow, Director
Emergency Management
FROM: Brynn Morey, Deputy Clerk
SUBJECT: March 11, 2026 BOCC Meeting
The following item has been executed and added to the record:
C8 Approval of a 3-year on-call contract, effective March 11, 2026, to March 10, 2029, to
Phoenix Bus, Inc., for emergency transportation services. These services are on an “as
needed” basis, supplying no more than 10 buses at $3,000 per day, funded by Monroe County
Disaster Reserve Funds. Expenses qualify for FEMA reimbursement of 75% of the total cost.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
AGREEMENT BETWEEN MONROE COUNTY
AND
PHOENIX BUS INC
FOR
EMERGENCY TRANSPORTATION SERVICES
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THIS AGREEMENT (“Agreement”) is made and entered into this 11
day ofMarch
2026, by MONROE COUNTY (“COUNTY”), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040 and PHOENIX BUS INC
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(“CONTRACTOR”), whose address is 3220 37Street, Orlando, FL 32839.
WHEREAS, COUNTY recognizes the need to provide emergency transportation services
to Monroe County residents, guests, workforce, and their appropriately caged or created pets
during the evacuation and recovery phase of an emergency as determined by Monroe County
Emergency Management; and
WHEREAS, COUNTY recognizes the requirement to provide the for the needs of
individuals with household pets and service animals before, 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 phaseoutlined in Exhibit A; and
WHEREAS, PHOENIX BUS INCdesiresto offer transit services to residents, guests,
workforce and their caged and 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 public safety and provide additional viable means for
residents, guests, and the workforce, and their caged or crated pets, to evacuate during all phases
of an emergency declared by Monroe County Emergency Management.
NOW THEREFORE, COUNTY and PHOENIX BUS INC, 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 PHOENIX BUS INC 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.
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1.2 These services will commence when a local state of emergency is declared by Monroe
County Emergency Management and PHOENIX BUS INC shall be contacted by the County
to begin this service.
1.3 PHOENIX BUS INCstates 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 COUNTYand PHOENIX BUS INC agree that the cost of emergency transportation service
shall be paid by Monroe County. The cost of the transportation services shall be $3,000 per
bus, per day, up to 10 total buses from Key West and FIU, irrespective of whether or not
PHOENIX BUS INC vehicles are traveling with or without passengers. PHOENIX BUS
INC agrees to keep a written record of total passenger count and pets (in cages or crate) that
it transports.
2.1.1 Payment under the Agreement:. PHOENIX BUS INC shall provide Clerk with
documentation as required or set by County. Payment will be made after delivery and
inspection by COUNTY and upon submission of invoices by PHOENIX BUS INC. There
shall be no fare charged to passengers.
2.2 PHOENIX BUS INC 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 (GAAP)and such laws, rules and regulations
as may govern the Clerks disbursal of funds.
2.3 Payment will be made according to the Florida Local Government Prompt Payment Act
Section 218.70 Florida Statutes. Any request for payment must be in a form satisfactory to
the Clerk of Courts for Monroe County (Clerk). The request must describe in detail the
services performed, and the payment amount requested. The CONTRACTOR must submit
invoices to the appropriate offices. The respective office supervisor and the Director of
Employee Services, who will review the request, note his/her approval of the request and
forward it to the Clerk for payment.
2.4 Monroe County's performance and obligation to pay under this contract is contingent upon
annual appropriation by Monroe County Board of County Commissioners.
2.5 This Agreement shall not exceed $100,000.00 unless it is approved by the Monroe County Board
of County Commissioners. Any automatic renewal is subject to a not to exceed amount of
$100,000.00 unless the Monroe County Board of County Commissioners gives prior approval of an
agreement more than $100,000.00. In accordance with Monroe County Code Sec. 2-58, the County
Administrator is authorized to sign agreements when the total cumulative value of the contract does
not exceed $100,000.00.
2.6 The County reserves all rights available to recoup monies paid under this Agreement, including the
right to sue for breach of contract and including the right to pursue a claim for violation of the
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County’s False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code.
Section 3. TERM
This agreement shall commence upon the date of execution by the last signatory to the Agreement
and shall expire three years from the date of execution, unless terminated earlier under section 6
of this Agreement.
Section 4. 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 5. COMPENSATION
The Contractor shall submit to the County an invoice with supporting documentation
acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting
principles (GAAP) and such laws, rules and regulations as may govern the Clerk’s disbursal
of funds. The Contractor will submit such invoice according to date and time for services
provided during the period. The invoice will include a record of date and time worked and the
number of riders per trip. Upon receipt of the Contractor’sinvoice in the proper form as
stipulated above and upon acceptance by the Clerk, Monroe County will make payment in
arrears in accordance with the Florida Local Government Prompt Payment Act, Section
218.70, Florida Statutes.
Section 6. CONTRACT TERMINATION
TerminationWithout Cause
Either ofthe parties hereto maycancelthis Agreementwithout cause by giving the other party sixty
(60) days’ written notice of its intention to do so.
Termination for Cause and Remedies
In the event of breach of any contract terms, the County retains the right to terminate this
Agreement. The County may also terminate this agreement for cause with Contractor should the
Contractor failto performthecovenants herein contained at the time and in the manner herein
provided. In the event of such termination, prior to termination, the County shall provide
Contractor with five (5) calendar days’ notice and providetheContractorwithanopportunityto
cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for
cause.If the County terminates this agreement with the Contractor, County shall pay Contractor
the sum due the Contractor under this agreement prior to termination, unless the cost of completion
to the County exceeds the funds remaining in the contract; however,the County reserves the right
to assert and seek an offset for damages caused by the breach. The maximum amount dueto
Contractor shall not in any event exceed the spending cap in this Agreement. Inaddition,the
County reserves all rights available to recoup monies paid under this Agreement, including the right
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to sue for breach of contract and including the right to pursue a claim for violation of the County’s
False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code.
Termination for Convenience
The County may terminate this Agreement for convenience, at any time, upon seven (7) days’
notice to Contractor. If the County terminates this agreement with the Contractor, County shall
pay Contractor the sum due to the Contractor under this agreement prior to termination, unless the
cost of completion to the County exceeds the funds remaining in the contract. The maximum
amount due to Contractor shall not exceed thespending cap in thisAgreement.
In addition, the County reserves all rights available to recoup monies paid under this Agreement,
including theright to sue for breach of contract and including the right to pursue a claim for
violation of the County’s False Claims Ordinance, located in Article IX, Section 2-721 et al. of the
Monroe County Code.
Section 7. NOTICES
Any notice required or permitted under this Agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
To the COUNTY:
Monroe County Emergency Management
Attn: Cory Schwisow, Director
7280 Overseas Highway
Marathon, FL 33050
schwisow-cory@monroecounty-fl.gov
With a copy to:
Monroe County Attorney
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1111 12
St., Suite 408
shillinger-bob@monroecounty-fl.gov
To the CONTRACTOR
Wanger Triska Jr. ____________
President ___________________
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3220 37 Street ______________
Orlando, FL 32839 ___________
wagnerjr@phoenixbusorlando.com
Section 8. RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
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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 seven years following the termination
of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid
to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant
to Section 55.03 of the Florida Statutes, running from the date the monies were paid to
CONTRACTOR.
The Contractor must comply with Florida public records laws, including but not limited to Chapter
119, Florida Statutes and Section 24, Article I of the Constitution of Florida. The County and
Contractor shall allow and permit reasonable access to, and inspection of, all documents, records,
papers, letters or other “public record” 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 Contractor
in conjunction with this contract and related to contract performance. The County shall have the
right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure
of the Contractor to abide by the terms of this provision shall be deemed a material breach of this
contract and the County may enforce the terms of this provision in the form of a court proceeding
and shall, as a prevailing party, be entitled to reimbursement of all attorney’s fees and costs
associated with that proceeding. This provision shall survive any termination or expiration of the
contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records
laws of the State of Florida, including but not limited to:
a. Keep and maintain public records required by Monroe County in order to perform the
service.
b. Upon request from the public agency’s custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes,
Chapter 119 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 for the duration of
the contract term and following completion of the contract if the contractor does not
transfer the records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records
in possession of the contractor or keep and maintain public records required by the public
agency to perform the service. If the contractor transfers all public records to the public
agency upon completion of the contract, the contractor shall destroy any duplicate public
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records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the
contract, the contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to Monroe County, upon request from
the public agency’s custodian of records, in a format that is compatible with the information
technology systems of Monroe County.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT AT: MONROE COUNTY ATTORNEY’S OFFICE,
1111 12TH STREET, SUITE 408, KEY WEST, FL 33040,
PUBLICRECORDS@MONROECOUNTY-FL.GOV, (305) 292-3470.
Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf
any former County officer or employee subject to the prohibition of Section 2 of Monroe County
Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance
No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion,
terminate this agreement without liability and may also, in its discretion, deduct from the
agreement or purchase price, or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee.
Section 10. CONVICTED VENDOR
By signing this agreement, CONTRACTOR represents that the execution of this Agreement will
not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this
section shall result in termination of this Agreement and recovery of all monies paid hereto, and
may result in debarment from County’s competitive procurement activities.
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on an Agreement with a public entity for the construction
or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier,
subcontractor, or CONTRACTOR under Agreement with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017 of
the Florida Statutes, for the Category Two for a period of 36 months from the date of being placed
on the convicted vendor list.As used herein, the term "convicted vendor list" means a list
maintained by the Florida Department of Management Services, as defined in F.S. 287.133.
Section 11. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
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.
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In the event that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie
in the appropriate court or before the appropriateadministrative body in Monroe County, Florida.
This agreement shall not be subject to arbitration.
Section 12. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement. The
COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
Section 13. ATTORNEY’S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, and court costs,
as an award against the non-prevailing party. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the Circuit Court of Monroe County.
Section 14. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the COUNTY and CONTRACTOR and their respective legal representatives,
successors, and assigns.
Section 15. 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 and corporate action, as
required by law.
Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If the issue or
issues are still not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law. As stated
above, this Agreement shall not be subject to arbitration.
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Section 17. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR
agree to participate, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or provision of
the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party
to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
Section 18. NONDISCRIMINATION
COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and
it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. The parties agree to comply with all
Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination in employment on the basis of race, color, national origin; 2) Title IX of
the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps: 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 29-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public
Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3) as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC ss. 3601 et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
1201), as may be amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the
basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties to, or the subject matter of, this Agreement.
Section 19. PUBLIC ENTITY CRIME
A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services
to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies on
leases of real property to a public entity; may not be awarded or perform work as a Contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact business with
any public entity in excess of the threshold amount provided in section 287.017, F.S., for
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CATEGORY TWO for a period of 36 months following the date of being placed on the convicted
vendor list.
Section 20. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance under this
Agreement, and that only interest of each is to perform and receive benefits as recited in this
Agreement.
Section 21. CODE OF ETHICS
The parties understand and agree that officers and employees of the COUNTY are 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 22. NO SOLICITATION/PAYMENT
The COUNTY and CONTRACTOR warrant that, in 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 CONTRACTOR
agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at
its discretion, to offset monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Section 23. SOVEREIGN IMMUNITY AND NON-WAIVER OF IMMUNITY
The County’s indemnification is limited and subject to the sovereign immunity provisions of Sec. 768.28,
Florida Statutes. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation
of the COUNTY and the CONTRACTOR 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 Agreement entered into by the COUNTY be required to contain any
provision for waiver. Nothing contained herein is intended, nor may it be construed, to waive County’s
rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to
time; nor will anything included herein be construed as consent to be sued by any third parties in any matter
arising out of this Agreement
Section 24. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member,
officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer,
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agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
Section 25. SCRUTINIZED COMPANIES
Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this
Agreement at its sole option if the Contractor is found to have submitted a false certification; or if the
Contractor is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of
Israel during the term of the Agreement.
If this Agreement is for more than one million dollars, the Contractor certifies that it is also not on the
Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in
section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate this
Agreement at its sole option if the Contractor is found to have submitted a false certification; or if the
Contractor is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business
operations in Cuba or Syria during the term of the Agreement.
As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting
prohibitions, then they shall become inoperative.
Section 26. DISCLOSURE OF GIFTS FROM FOREIGN SOURCES
If this Agreement is or becomes $100,000 or more, Contractor shall disclose to County any current or prior
interest of, any contract with, or any grant or gift received from a foreign country of concern, as defined in
section 286.101, F.S., if such interest, contract, or grant or gift has a value of $50,000 or more and such
interest existed at any time or such contract or grant or gift was received or in force at any time during the
previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity, the
amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country
of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the
grant or gift, and the name of the agent or controlled entity that is the source or interest holder. If the
disclosure requirement is applicable as described above, then within 1 year before applying for any grant,
Contractor must also provide a copy of such disclosure to the State of Florida Department of Financial
Services.
Section 27. SUSPENDED PERSON/BUSINESS ENTITY SEC. 2-347(L), MONROE
COUNTY CODE
In accordance with Monroe County Code Sec. 2-347(l), the Contractor hereby swears and affirms that it is
not a suspended person or business entity. The employment of a suspended person/business entity is a
material breach of the county/contractor contract and entitles the County, in its discretion, to terminate
the contract with no further liability to the Contractor beyond payment of the portion of the contract price
that may be due for work satisfactorily completed up to the date of termination.
Section 28. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
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program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither
the COUNTY nor the CONTRACTOR or 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.
Section 29. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require,
including, but not being limited to, a Public Entity Crime Statement, a Drug-Free Workplace
Statement, aLobbying and Conflict of Interest Clause, a Non-Collusion Affidavit, a Vendor
Certification Regarding Scrutinized Businesses, an Affidavit Attesting to Noncoercive Conduct
for Labor and Services and a Foreign Entities Affidavit.
Section 30. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded
as an original, all of which taken together shall constitute one and the same instrument and any of
the parties hereto may execute this Agreement by signing any such counterpart. An electronic
signature may be used to execute the Agreement.
Section 31. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
Section 32. INSURANCE POLICIES
General Insurance Requirements for Other Contractors and Subcontractors.
Prior to commencement of work under this Agreement, Contractor shall provide to the County
Risk Manager satisfactory evidence of the required insurance, which may be a Certificate of
Insurance or a copy of the insurance policy. The County reserves the right to request a certified
copy of Contractor’s insurance policy. Any deviation from the insurance requirements specified
herein must be approved by the County’s Risk Manager on an approved Insurance Waiver Form.
Insurance Waivers may be requested from the Risk Management Department: Tel: (305) 292-
3470; Email: risk_management@monroecounty-fl.gov.
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As a prerequisite of, and at all times during the term of this Agreement (including any extensions
thereof), Contractor shall maintain at their expense the insurance as specified in this section. In the
event Contractor fails to maintain all insurance required by this section, County reserves the right
to immediately terminate this Agreement or suspend all work until the required insurance has been
reinstated. Delays in completion of the work resulting from Contractor’s failure to maintain
required insurance shall not cause the extension of any deadlines specified in this Agreement, and
Contractor agrees to indemnify and hold harmless the County for any and all increases in cost
resulting from such delay.
Contractor shall maintain the following coverage:
Commercial General Liability: Contractor’s insurance policy shall cover, at a
minimum, premises operations, personal injury (including death), property damage,
products & completed operations, and blanket contractual liability. If coverage is
provided on a Claims Made basis, Contractor’s policy must provide for claims filed
during the term of this Agreement, and for twelve (12) months after its termination or
expiration. Contractor’s policy shall be endorsed to name Monroe County Board of
County Commissioners as Additional Insured. The minimum limits acceptable are:
$300,000 Combined Single Limit (CSL)
Worker’s Compensation: Contractor’s insurance policy shall reflect coverage and limits
sufficient to meet requirements of Chapter 440, Florida Statutes.
In addition, the CONTRACTOR shall obtain Employers’ Liability Insurance with limits of
not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Business Automobile Liability: As a minimum, coverage should extend to liability for owned;
Non-owned; and Hired Vehicles. The required limits are $200,000 per Person; $300,000 per
Occurrence; $200,000 Property Damage or $300,000 Combined Single Limit.
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Section 33. INDEMNIFICATION& HOLD HARMLESS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement,
the Contractor shall defend, indemnify, and hold the County, and the County’s elected and
appointed officers and employees, harmless from and against any claims, actions or causes of
action, any litigation, administrative proceedings, appellate proceedings, or other proceedings
relating to any type of injury (including death), loss, damage, fine, penalty or business interruption,
and any costs or expenses that may be asserted against, initiated with respect to, or sustained by,
any indemnified party by reason of, or in connection with: (A) any activity of the Contractor or
any of its employees, agents, contractors or other invitees during the term of this Agreement; (B)
the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission of the Contractor or any of its employees, agents, sub-contractors or other invitees; or
(C) the Contractor’s default in respect of any of the obligations that it undertakes under the terms
of this Agreement. This section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
Section 34.STATUTORY REQUIREMENTS AND NOTICES RELATING TO
UNAUTHORIZED EMPLOYMENT AND SUBCONTRACTS:E-VERIFY (F.S. 448.095)
In accordance with F.S. 448.095, Any Contractor and any subcontractor shall register with and
shall utilize the U.S. Department of Homeland S-Verify system to verify the work
authorization status of all new employees hired by the Contractor during the term of the Contract
and shall expressly require any subcontractors performing work or providing services pursuant to
the Contract to likewise utilize the U.S. Department of Ho-Verify system to
verify thework authorization status ofall newemployees hiredby the subcontractorduring the
Agreement term. Any subcontractor shall provide an affidavit stating that the subcontractor does
not employ, contract with, or subconstruct with an unauthorized alien. Contractor shall comply
with and be subject to the provisions of F.S. 448.095
Section 35. COUNTY FORMS
By signing this Agreement, Contractor has sworn or affirmed to the following requirements as set
forth in the Public Entity Crime Statement, Ethics Statement, Vendor Certification Regarding
Scrutinized Companies List and Affidavit Attesting To Noncoercive Conduct For Labor Or
Services as set forth in more detail in this Agreement.
Section36. PUBLICENTITYCRIMESTATEMENT
ContractorcertifiesandagreesthatContractornoranyAffiliatehasbeenplacedonthe
convicted vendor list within the last 36 months.
In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on
the Discriminatory Vendor List, kept by the Florida Department of Management Services, may
not submitabidonacontracttoprovidegoodsorservicestoapublicentity;maynot submitabid
13
ona contract with a public entity for the construction or repair of a public building or public work;
may not submit bids on leases ofrealpropertytoapublicentity;maynotbeawardedorperform
workasa contractor, supplier, subcontractor or consultant under a contract with any public entity;
and may not transact business with any public entity.
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid, proposal or reply on contracts to provide any goods or
services to a public entity, may not submit a bid, proposal or reply on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids,
proposals or replieson leases of real property to public entity, may not be awarded or perform
work as acontractor, supplier, subcontractor, Contractoror subcontractor under a contract with
any public entity, and may not transact business with any public entity in excess of the threshold
amount providedinSection287.017oftheFloridaStatutes,forCATEGORYTWOforaperiod
of36months from the date of being placed on the convicted vendor list.
By signing this Agreement, Contractor represents that the execution of this Agreement will not
violate thePublicEntityCrimesAct(Section287.133,FloridaStatutes).Violationofthissection
shallresult in termination ofthis Agreement and recovery of allmoniespaid hereto, and may result
in debarment from County’s competitive procurement activities.
In addition to the foregoing, Contractor further represents that there has been no determination,
based onanaudit,thatitoranysubcontractorhascommittedanactdefinedbySection287.133,
Florida Statutes, as a “public entity crime” and that it has not been formally charged with committing
an act defined as a “public entity crime” regardless of the amount of money involved or whether
Contractor has been placed ontheconvictedvendorlist.
Contractorwill promptlynotify the Countyif itoranysubcontractorisformally chargedwith
.
Bysigning this Agreement, Contractorwarrants that he/it has not employed, retainedor otherwise
had act on his/her behalf any former County officer or employee in violation of Section 2 of
Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance
No. 010-1990.For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also, in its discretion, deduct from the
Agreement or purchase price, or otherwiserecover,the fullamountof anyfee, commission,
percentage,gift,or consideration paid to the former County officer or employee.
Section 37. VENDORCERTIFICATIONREGARDINGSCRUTINIZEDCOMPANIES
LISTS
Contractoragreesandcertifiescompliancewiththe following:
Section 287.135, FloridaStatutes prohibitsa Contractorfrombidding on,submittingaproposal
for, or entering into or renewing a contract for goods or services of any amount if, at the time of
14
contracting or renewal, the Contractor is on the Scrutinized Companies that Boycott Israel List,
created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel.Section
287.135, Florida Statutes, also prohibits a Contractor from bidding on, submitting a proposalfor,
or entering into or renewing a contractfor goods or services of $1,000,000 or more, if the
Contractor/company is on either the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Terrorism Lists which were created pursuant to
s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria and is not on
the State Board of Administration’s “Scrutinized List of Prohibited Companies” available under
the quarterly reports section at https://www.sbafla.com/reporting/.
As the person authorized to sign on behalf of Contractor, I hereby certify that the Contractor
identified above is notlistedon the Scrutinized Companies thatBoycott Israel List or engaged in
a boycott of Israel and for Projects of $1,000,000 or more is not listed on either the Scrutinized
Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Terrorism List, or engaged in business operations in Cuba or Syria or on the Scrutinized List of
Prohibited Companies.
I understandthat pursuant toSection 287.135, Florida Statutes, the submission of a false
certification may subject Contractor to civil penalties, attorney’s fees, and/or costs. I further
understand that any contract with the County may be terminated, at the option of the County, if
the Contractor is found to have submitted a false certification or has been placed on the Scrutinized
Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Terrorism List or been engaged in business operations in Cuba or Syria or on the Scrutinized List
of Prohibited Companies.
Note: The List are available at the following Department of Management Services Site:
http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convict
ed_suspended_discriminatory_complaints_vendor_lists
38. AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR
SERVICES
CONTRACTOR is required to provide an affidavit under penalty of perjury attesting that
CONTRACTOR does not use coercion for labor or services in accordance with Section 787.06,
Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
1. Using or threatening to use physical force against any person;
2.Restraining, isolating, or confining or threating to restrain, isolate, or confine any
person without lawful authority and against her or his will;
3.Using lending or other credit methods to establish a debt by any person when labor or
services are pledged as a security for the debt, if the value of the labor or services as
reasonably assessed is not applied toward the liquidation of the debt, the length and
nature of the labor or service are not respectively limited and defined;
15
4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual
or purported passport, visa, or other immigration document, or any other actual or
purported government identification document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section
893.03 to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of CONTRACTOR, I certify under penalties of perjury
that CONTRACTOR does not use coercion for labor or services in accordance with Section
787.06. Additionally, CONTRACTOR has reviewed Section 787.06, Florida Statutes, and agrees
to abide by same.
Section 39. COMMON CARRIER OR CONTRACTOR CARRIER ATTESTATION
FORM
If Contractor is a common carrier, as defined by Section 908.111, Florida Statutes, then Contractor
hereby certifies and declares on my oath and under penalty of perjury that it is not willfully
providing and will not willfully provide any service during the Contract term in furtherance of
transporting a person into this state knowing that the person is an Unauthorized Alien, except to
facilitate the detention, removal, or departure of the person from this state or the United States.
Section 40. FEDERAL CONTRACT CLAUSES
A portion of the funds used to pay for these services are expected to come from federal awards, as
that term is defined in 2 CFR part 200. Therefore, the following federal contract clauses from 2
CFR part 200 are incorporated in and made part of this Agreement:
a. Debarment and Suspension (Executive Orders 12549 and 12689)— A contract
award (see 2 CFR 180.220) will not be made to parties listed on the
governmentwide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well
as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
b. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes
16
place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non-Federal award.
c. Americans with Disabilities Act of 1990 (ADA) – Contractor will comply with all
the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
d. Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy
of the COUNTY that DBE’s, as defined in 49 C.F.R. Part 26, as amended, shall
have the opportunity to participate in the performance of contracts financed in
whole or in part with COUNTY funds under this Agreement. The DBE
requirements of applicable federal and state laws and regulations apply to this
Agreement. The COUNTY and its CONTRACTORagree to ensure that DBE’s
have the opportunity to participate in the performance of this Agreement. In this
regard, all recipients and contractors shall take all necessary and reasonable steps
in accordance with applicable federal and state laws and regulations to ensure that
the DBE’s have the opportunity to compete for and perform contracts. The
COUNTY and the CONTRACTOR and subcontractors shall not discriminate on
the basis of race, color, national origin or sex in the award and performance of
contracts, entered pursuant to this Agreement.
e. The Contractor shall utilize the U.S. Department of Homeland Security’s E-
Verify system to verify the employment eligibility of all new employees hired by
the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to
likewise utilize the U.S. Department of Homeland Security’s E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor
during the Contract term.
f. No Obligation by Federal Government. The federal government is not a party to
this contract and is not subject to any obligations or liabilities to the non-Federal
entity, contractor, or any other party pertaining to any matter resulting from the
contract.
g. Program Fraud and False or Fraudulent Statements or Related Acts. The
Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for
False Claims and Statements) applies to the Contractor’s actions pertaining to this
contract.
17
EXHIBIT A
SCOPE OF WORK
In the event of a disaster or emergency, upon Notice to Proceed from the COUNTY, the
CONTRACTOR shall deliver emergency evacuation bus services to the general public and
special needs populations in the event of a local emergency declaration. This service will be
activated upon notification by the County and will include transportation to designated out-
of-county shelters as well as re-entry to specified locations within the County.
The CONTRACTORshall provide bus transportation for the general population during
emergency evacuations, ensuring that all evacuees are transported in a timely and efficient
manner to the designated out-of-county shelter as directed by the County. The
CONTRACTOR will facilitate re-entry transportation to designated locations throughout
Monroe County, as conditions allow, ensuring displaced individuals can safely return to their
homes and communities.
Pet transportation compliance is governed by the Pets Evacuation and Transportation
Standards Act of 2006, which permits residents to evacuate alongside their properly caged
and secured household pets and service animals. In accordance with DAP 9523.19, the
acceptance of domesticated pets is mandated, including but not limited to dogs, cats, rabbits,
rodents, and turtles. It is imperative to provide the necessary accommodation for pet
transportation to ensure the safety and comfort of both residents and their pets throughout the
evacuation process.
The CONTACTOR must be prepared to mobilize, at a minimum, six 55-passenger buses
within 24 hours of notification from COUNTY. All buses must be equipped to facilitate
efficient evacuations, accommodate special needs populations, and include adequate space to
accommodate caged pets if necessary. Additionally, the CONTRACTOR is required to
comply with all relevant safety regulations and provide qualified drivers to assist passengers
during the evacuation.
The CONTRACTOR must provide regular updates and reports on transportation activities
throughout the evacuation process to the County’s Emergency Operations Center, Operations
Section Chief. Daily manifests with the total number of passengers are required at the end of
each day. This practice will keep all parties informed and enable a more organized response
during critical situations. Transportation services are expected to be available as needed and
to suspend no later than six hours before tropical storm-force winds.
This service agreement will remain in effect for a 3-year term.
19
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00313
Wagner Triska JrOrlando
PRESIDENT
PHOENIX BUS INC
12/30/2025
FLORIDA
ORANGE
Wagner
December 30, 2025
Triska Jr
FL Driver License # T620-880-87-060-1
08/12/2028
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Date
CERTIFICATE OF LIABILITY INSURANCE
2/24/2026
Plymouth Insurance Agency
This Certificate is issued as a matter of information only and confers no
Producer:
rights upon the Certificate Holder. This Certificate does not amend, extend
2739 U.S. Highway 19 N.
or alter the coverage afforded by the policies below.
Holiday, FL 34691
Insurers Affording Coverage
(727)938-5562
NAIC #
Insurer A:
Lion Insurance Company11075
Insured:
South East Personnel Leasing, Inc. & Subsidiaries
Insurer B:
2739 U.S. Highway 19 N.
Insurer C:
Holiday, FL 34691
Insurer D:
Insurer E:
Coverages
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. Aggregate
limits shown may have been reduced by paid claims.
Policy Effective Policy Expiration
INSR ADDL
Limits
Type of InsurancePolicy Number
Date (MM/DD/YY)Date(MM/DD/YY)
LTRINSRD
GENERAL LIABILITY
Each Occurrence$
Commercial General Liability
Damage to rented premises (EA
occurrence)
Claims MadeOccur
$
Med Exp$
$
Personal Adv Injury
General aggregate limit applies per:
General Aggregate$
PolicyProjectLOC
Products - Comp/Op Agg$
Combined Single Limit
AUTOMOBILE LIABILITY
(EA Accident)$
Any Auto
Bodily Injury
All Owned Autos
(Per Person)$
Scheduled Autos
Bodily Injury
Hired Autos
(Per Accident)$
Non-Owned Autos
Property Damage
(Per Accident)
$
Each Occurrence
EXCESS/UMBRELLA LIABILITY
OccurClaims MadeAggregate
Deductible
WC Statu-OTH-
X
A
Workers Compensation and
tory LimitsER
WC 7194901/01/202601/01/2027
Employers' Liability
$1,000,000
E.L. Each Accident
Any proprietor/partner/executive officer/member
excluded?
NO
$1,000,000
E.L. Disease - Ea Employee
If Yes, describe under special provisions below.
$1,000,000
E.L. Disease - Policy Limits
Other
Lion Insurance Company is A.M. Best Company rated A (Excellent). AMB # 12616
Client ID:92-71-930
Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions:
Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company":
Phoenix Bus Inc.Phoenix Bus Inc.
Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s)
, while working in: FL.
Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity.
A list of the active employee(s) leased to the Client Company can be obtained by emailing a request to certificates@lioninsurancecompany.com
Project Name:
ISSUE 02-24-26 (KLT)
Begin Date:1/2/2018
CERTIFICATE HOLDERCANCELLATION
Should any of the above described policies be cancelled before the expiration date thereof, the issuing
MONROE COUNTY BOCC
insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to
do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives.
1100 SIMONTON STREET
KEY WEST, FL 33040