05/18/1994 Agreement
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
MEMORANDUM
TO:
Peter Horton, Director
Division of Community Services
FROM:
Isabel C. DeSantis, Deputy Clerk
~.
~~.
DA TE:
June 2, 1994
At the May 18, 1994 meeting, the Board granted approval and authorized execution of
an Interlocal Agreement between Monroe County and the Monroe County District
School Board concerning the use of school buses for hurricane evacuation.
Enclosed are two fully-executed duplicate originals of the subject document, one for your
departmental files and the other for forwarding to the School Board.
Should you have any questions concerning the above, please do not hesitate to contact
me.
cc: County Attorney
County Administrator, wlo document
Finance
v'File
INTERLOCAL AGREEMENT
AGREEMENT, entered into this \ \~ day of
, 1994, by Monroe County, a political subdivision of
("County") and the Monroe County District School Board
Board" ) . -~
.3 ,.: ~ ;
WHEREAS, when a hurricane threatens, there D5 l~kely t~be
a large number of visitors and residents in the K~S:who~ill~be
in need of intra or out-of-county transportation; ~nd % 0
I ..'i
..._..... W ._.
WHEREAS, Monroe County does not possess z the tlpe :~f
vehicles (buses) needed to effect evacuation ot'.:'intra:::coul'tty
transport of the transportation disadvantaged, medicall~ neEgiy
or special needs citizens; and - ~
THIS
~~
Florida
("School
WHEREAS, the Monroe County School Board has over 75 school
buses and employs an equal number of trained bus drivers; and
WHEREAS, under severe storm conditions, survivability of
some if not all county residents and visitors may depend upon
their mass evacuation out of harms way; and
WHEREAS, safeguarding the life and property of its citizens
is an innate responsibility of the governing body of each
political subdivision of the state; and
NOW THEREFORE, the parties do mutually agree as follows:
ARTICLE I - TERM:
This Agreement shall commence at 12:01 A.M. on June 1,
1993, and continue thereafter subject to the right of each party
to terminate pursuant to Article V herein.
ARTICLE II - SERVICES:
(A) As a result of any disaster necessitating the overland
emergency evacuation of special needs, medically needy, or
transportation disadvantaged persons, the Monroe County School
Board agrees, upon declaration of a state of local emergency, to
place at the County's disposal all available school buses
(B) For Hurricane Category I and II strength storms,
citizens residing in mobile homes, recreation vehicles,
campgrounds, and/or living in flood prone areas will be
evacuated to County' shelters. The Monroe County School Board
agrees to place a minimum of 15 school buses and all available
volunteer School Board drivers at the County's disposal for
these purposes. * "AVAILABLE" shall mean that (1) the bus has
been determined by School Board representatives as being in
operable condition and (2) all transportation related
requirements of the School Board have been met, or waived by the
School Board.
(C) The County's Emergency Management Director or such
person as the Emergency Management Director may designate, shall
assume full charge of coordinating all operations concerned with
scheduling and staging the school buses to effect the overland
evacuation or intra county transportation of the medically
needy, special needs, and transportation disadvantaged persons.
(D) Any equipment or personnel loaned to Monroe County
during these events shall be returned upon demand of the Monroe
County School Board, when released by Monroe County upon
cessations of the emergency, or at the termination of this
Agreement, whichever is sooner.
ARTICLE III - PAYMENT:
Monroe County shall properly prepare and file in a timely
manner, the requisite documentation soliciting repayment from
the United States Emergency Management Agency ("FEMA") for all
costs incurred for the equipment used and services provided
under this Agreement, including any salaries, wages, and benefit
costs of school bus drivers.
Monroe County is responsible for maintaining in a
acceptable by FEMA all necessary records for personnel
equipment employed or loaned as a result of this Agreement.
form
and
Monroe County shall only be liable to the Monroe County
School Board for payments for equipment used and services
performed under this Agreement from funds actually reimbursed to
and received by Monroe County from FEMA for such equipment and
services, and Monroe County agrees to give first priority for
expenditures of funds for replacement of destroyed school buses.
Payment shall be due the Monroe County School Board within
sixty (60) days from receipt of any such funds from FEMA by
Monroe County.
ARTICLE IV - INDEMNIFICATION:
The parties hereto, their respective officers, and
employees shall not be deemed to assume any liability for the
acts, omissions or negligence of the other party and to the
extent permitted by law, each party shall hold the other party
harmless from the other party and shall defend the other party
and its officers and employees against any claim for damages
resulting therefrom. Each party shall be responsible for the
acts, omissions, or conduct of its own employees.
ARTICLE V - TERMINATION:
This Agreement may be terminated by either party upon at
least one hundred and twenty (120) days prior written notice to
the other.
ARTICLE VI - AMENDMENT:
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This Agreement may be amended by joint agreement in writing
of both parties.
ARTICLE VII - INTEGRATION:
This Agreement contains the entire understanding between
the parties, and there are no understandings or representations
not set forth or incorporated by reference herein.
ARTICLE VIII - COMPLIANCE WITH LAWS:
In the performance of the Agreement, each party shall
comply with all applicable federal, state and local laws, rules
and regulations.
~~
Mayor
ATTEST
~~tpDOFORM
AND Tl' S FICIE(fCY.
flY ~ \ 1,
Atlonurrs Offit:e
- 3 -
MONROE COUNTY SCHOOL BOARD
BY:~WSlL
Robert G. Walker. s~erintendent
(Name and Tit e)
ATTEST
BY:~
Date: "i I, I /94