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06/18/1997 Agreement \ llannp I. itolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 lEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 lEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM TO: Peter Horton, Director Division of Community Services FROM: Attention: Louie LaTorre, Social Services Director Ruth Ann Jantzen, Deputy Clerk .PJ". August 4, 1997 DATE: --------------------------------------------------------------------------------------~---~---------------------------- On June 18,1997, the Board of County Commissioners granted approval and authorized execution of a Hurricane Evacuation Transportation Agreement between Monroe County and Lower Florida Keys Health System (Hospital). Attached please find a fully executed duplicate original of the above Contract for return to Lower Florida Keys Health System. H you have any questions concerning the above, please do not hesitate to contact me. cc: County Attorney Finance County Administrator, wlo document Emergency Management Director, w/o document File HURRICANE EVACUATION TRANSPORTATION AGREEMENT - HOSPITAL -M THIS AGREEMENT is entered this /15 day of ~J v'N"-- , 1997, between the Board of County Commissioners of MONROE COUNTY (COUNTY) and lOWER FLORIDA KEYS HEALTH SYSTEM (HOSPITAL). WHEREAS, COUNTY has an Interlocal Agreement with the Monroe County District School B1:n:lrd to ~ r;? . ~. r= obtain school buses for evacuation of persons who have special needs or ~ ~dically n~y or """r,-z. ~ or- ...,., :-1~-< . 0 transportation disadvantaged; and ("). r" ::0 c::-;" J, ~_ c:.-:;:c:. -""" WHEREAS, said Interlocal Agreement expressly allows the COUNTY to en~~ agrgme~ for -( .:....: ::: c:;:l 0 use of said buses for hurricane evacuation; and . ":: ~ ;:?, WHEREAS, many disaster preparedness plans call for evacuation in the event of Hurricane Category 3 and above strength storms; and WHEREAS, the HOSPITAL does not have sufficient vehicles to evacuate its in-patients in connection with its Comprehensive Emergency Management Plan required by Ch. 252, Fla. Statutes, and F.A.C. 59A-3.078; and WHEREAS, the HOSPITAL does not need transportation assistance in the event of a Hurricane Category 2 or lesser strength storm; NOW THEREFORE The parties do mutually agree as follows: Article I - Term This Agreement shall commence on the date first above written and continue thereafter subject to the right of each party to terminate pursuant to Article V herein. Article II - Services A) COUNTY - The COUNTY's Social Services Director, or such person as said Director may designate, shall assume full charge of coordinating the scheduling and release of school buses to effect overland (out-of-county) evacuation or intra-county transportation to an airport during a state of emergency. COUNTY shall provide a minimum of two (2) buses to Hospital if Hospital is in compliance with paragraph B of this Article. If the School Board has not released to COUNTY a sufficient number of buses to accommodate all of the COUNTY's needs as determined by the COUNTY's Social Services Director, or his designee, said official shall determine the number of buses to be released under this Agreement. B) HOSPITAL - HOSPITAL shall, in order to take delivery of and use said school buses, have a current file with COUNTY's Social Services Department, containing proof of insurance as required by Article III, and a list of drivers and their licensure information, and proof of each driver having a Class CDL-A or CDL-B drivers license with airbrake and passenger endorsement. HOSPITAL shall use buses solely for transport of in-patients to hurricane shelters outside Monroe County for Category 3 or higher storms or to an airport for air evacuation. Any equipment loaned to HOSPITAL during these events shall be returned upon demand of Monroe County when the state of emergency has ceased, or at the termination of this agreement, whichever is sooner. HOSPITAL shall follow COUNTY's instructions for placement of vehicles during the state of emergency and return thereafter. Vehicles shall be returned in as good condition as delivered to HOSPITAL, shall be fully fueled and all fluid levels shall be filled to manufacturer's recommended levels. HOSPITAL shall provide its own personnel or agents to assist its residents/patients in entering and departing the school buses. HOSPITAL shall be responsible for any compensation, worker's compensation insurance and other insurances and employee benefits for its personnel and agents. Article III - Insurance Prior to any bus being made available to HOSPITAL under this Agreement. HOSPITAL must provide COUNTY with a Certificate of Liability Insurance covering non-owned and hired vehicles as well as owned vehicles, with coverage for $500,000 per person, $1 million per occurrence, and $100,000 property damage; or $1 million combined single limit. Both Monroe County and the Monroe County School Board must be named additional insureds on the Certificate of Insurance, a true or certified copy of which shall be kept current and on file with the Monroe County Risk Management office. Article IV - Indemnification Each party hereto, its respective officers, and employees shall not begin 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, 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 and agents. Article V - Termination This Agreement may be terminated by either party upon at least one hundred twenty (120) days prior written notice to the other. Article VI - Amendment of Agreement This Agreement may be amended by joint agreement in writing of both parties. Article VII - Inteqration 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 r ()(1" . (1 ", mance of the Agreement each party shall comply with all applicable federal. state ~'-\ ",..'..ii( r'~ );" ,r~ ar~~~~~,r'"1~fnd regulations. \ ~ ~ t~,../ " . I'" ~ (SE;r(~ ::..: ~)V ,/ A TTES~.b~.~.,>KOLHAGE. CLERK By ~)~..J Dep y Cler By By By ATTEST: jehconbusii Ro '0 Sanchez CEO-President