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Item S08 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 20, 2002 Division: County Attorney AGENDA ITEM WORDING: Approval of agreement with Country Health Associates, Inc. to provide up to ten school buses (made available to County) for emergency evacuation of nursing home residents. ITEM BACKGROUND: BOCC authorized termination of prior agreement with direction to staff to reach a workable solution. Notice of termination of the June 18, 1997 agreement was faxed to CHA on January 16, 2002. PREVIOUS RELEVANT BOCC ACTION: See above. CONTRACT I AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: BUDGETED: Yes 0 No 0 COST TO COUNTY: APPROVED BY: County Attorney. OMB/Purchasing 0 Risk Management 0 DIVISION DIRECTOR APPROVAL~~ ES . H ND ICK DOCUMENTATION: Included 0 To Follow Not Required 0 AGENDA ITEM # c:r~ . '......, ,nIl WI. V'iHLLH\....IL ,1-il.:Jt::. l1L 1 I IluJ'\.H." Clil WHL..-l-H\...,,("., t-'Al.::il::. 03 THE PARTIES DO MUTUALLY AGREE AS FOLLOWS: ARTICLE,I .. TERM This Agreement shall commence on thd date fIrst. stated above and' contiIDJe thereafter subject to the provisions of Article VI herein. ARTICLE II- SERVICES A. COUNTY - The COUNTY's Social Services Director or such person as the Director may designa~ ("COUNlY AGENT"), shall asswne full charge of coordinating all operations concerned with scheduling and releasing buses under this Agreement. COUNTY shall notify CRA by telephone when it knows that ~ puses will be available from the School Board and shall provide CHA with advance notice as to. the spet.;ific times during which buses may be obtained by CHA. COUNTY shall provide CHA up to a maximum of ten (10) buses if CHA is in compliance with paragraph B of this Article. COUNTY shall release buses only to drivers on the pre-approved list described in paragraph B or to Monroe County School District drivers if the School Board has authorized such release" COUNTY makes no assurances about the suitability of school buses, which are designed to transpot;t children short distances and have no seat belts, no bathroom facilities and only a few of which have accommodations for the physically handicapped. , I B. COUNTRY HEALTII ASSOCl<\TES - CaA shall provide to County Agent by May 1st, 2002, a pre-certified list of authorizeP drivers and proof of insurance as required by Article IV, licensure infonnation and proof of, each driver having a Class CDL-A or CDL-B drivers license with airbrake and passenger endQrsement: ,(hereinafter the "approved list") and school bus driving experience. Thereafter, CHA shall, in order to take delivery of and use said 2 { I w-. school buses, maintain with the County Agent~ a current flIe which is updated as drivers are , ' certified by COUNTY for the school bus evacuation or become disqualified. Quarterly lists of approved drivers shall be provided. to County Agent to insure that updates stay current. eRA I shall use buses solely for the out-of-county (to Miami-Dade and Broward Counties) evacuation of its residents pursuant to their emergency response plans. CHA shall have drivers on the , approved list pick up buses during the two (2) hour time frames that have established by the County School Board and set by CHA and the County Agent during which the buses are available for pick-up. COUNTY has no responsibility to remain at the pick-up site after the time period for which CHA has been given notice ~o pi~k up buses. CHA ~hall insure that only properly licensed and authorized CHA bus driyefs on the approved list are allowed. to drive a school bus that has been released by COUNTY ,to CHA. plA and authorized drivers for CRA will operate the school buses and will abide by ~lJ.j applicaqle local, state and federal regulations. , No smoking will be allowed on any buses during the time, they are released! to CHA. When not in use, CRA shall insure that the buses are stored in a secure location aw:ay from the flow of traffic. Any damage to, or destruction of, ~y school ,bus during the period between CHA acquiring possession from COUNTY and deli1ferlng the pus back to the COUNTY (or School Board if so directed by the County Agent) shaJ) be the full and sole respo~ibility of CHA. The school buses loaned to eRA during C1lD-erge~y response events shall be retnmed as Directed by the County Agent in order to meet~hool ~o~d's need to transport smdents. CHA shall have a reasonable time to clean and insp~t buses. prior to being retu~ed to COUNTY or School Board pursuant to such instructions. <;:HA shaR~ot make any modifications, whether temporary or permanent, to any school bus m~d~ available under this agreement, including but 3 l. I " J'l I ! not limited to, removal of seats or disarming of alarms. CHA shall follow COUNTY's instrUctions for placement of the buses during the state of emergency and return thereafter. The , buses shall be returned fully fueled and in the same condition as when the buses were released to CHA. Costs of repairs and cleaning that are necessaIy to bring any school bus released to eRA back to the same condition it was in when released to CHA shall be paid for by CHA. CHA shall provide its own personnel or agents to assist CHA resident/patients in entering_ and department school buses. eHA shall be responsible for any compensation, worker's compensation insurance and other insurances and employee benefits for CHA personnel and agents. This agreement does not prohibit an~ ijursing ~ome from obtaining assistance from additional personnel and resources in the municipalities in which they are located. Any accidents involving a school bus shall be reported to c;OUNTY in writing within three days of the accident. ARTICLE HI - USE OF CHA FACILITIES DURING EMERGENCIES At a time when it is determined that the;re is no re,asonable chance of a tropical story or Category 1 or 2 hurricane to accelerate/strength~n (thereby becoming a Category 3 or higher threat) and possibly force an out-of-facility eva~ation. CHA will allow Monroe County to utilize CHA' s tbree skilled nursing facilities for shelterjng designated 5Ilecial medical needs persons. COUNTY shall transport to CRA s191100 nursing facilities only those special medical needs persons who are on a list predetermined through coordination betw~n CHA and Monroe County Emergency Management. All such special medical needs persons that are transported or arrive at one of the skilled nursing faciliti~ quring such a disaster response will be treated as a "guest" of the facility and will not be treated or classified as an "inpatient resident" of the I ' I ; 4 \ I I I 1- ,. I ! facility except that if medical treatment beyond the scope of regular medical regimen of any special needs person becomes necessary, CHA's medical staff will provide such treatment until the person is stabilized or can be transported to other medical facilities. CHA agrees to this partiCular provision only for those special medical needs persons who have provided liability I, waivers (for medical malpractice except gross negligence or intcntional acts or omissions) in conjunction with placement on the predetermined list. As such, each special medical needs person whom will be sheltered at the CHA ski11ed nursing facility must arrive with appropriate medical supplies, medical equipment, phannacentica1s, and with such caregiver support as is necessary to manage hislher special medical ~s and ~ly requirementS1 At all times while remaining a "guest" of the CHA skilled nursing facility, each special medi~ needs person will remain the responsibility of his or her primary caregiver. When the state of emergency bas ceased, Monroe County will, upon reasonable ~nd, remove the special medical need "guests" from the CHA ski11ed nursing facility. ARTICLE IV.~ INSURANCE Prior to any bus being made available tQ CHA under this agreement, CHA must provide COUNTY will a Certificate of Liability Insur~e covering non-owned and hired vehicles as well as owned vehicles, with coverage of $5OQ,QOO per ~erson, $1 Million per occurrence and $100,000 property damage; or $1 Million compi~ sing~e limit. Both MQnroe County and the , Monroe County School Board shall be named ~d4itional ipsureds on the Ce.rtificate of Insurance and a true and current copy of which shall [be sent by CHA to the Monroe County Risk Management Office. The insurance policy shall include a requirement ~t the insurer notify COUNTY and School Board in writing at l~t five ~ays before any ~arly termination of 5 I I I r :1 .' insurance. By signature hereon, eRA conflllnS that it has, and shall always maintain during the term of this agreement,' medical malpractice insurance. ARTICLE V - IND~IFICATION ! No party hereto, its respective officers and employees shall assume any liability for the , , acts, omissions or negligence of the other party. To the extent pcnnittcd i by law, each party shall hold the other hannles8 and shall defend the other party and its officers and employees against any claim for damage resulting therefrom. Each party shall be responsible for the acts, omissions or conduct of its own employees and agents. ARTICLE VI - TERMINATION Either party may terminate this agree~ent by providing at least thirty (30) days prior written notice to the other. Should the School. Board terminate its agreement with COUNTY .. I ' , to provide buses for evacuation purposes, thisl~gr~men~, shall be automatically terminated as of the date of termination of the COUNTY IS~ool Board agreement. COUNTY will fOlWard to eRA a copy of the School Board' s notice of t,ennination. ARTICLE VII - AMENDMENT OF AG~NT This agreement may not be amended unless such amendment is reduced to writing and executed by both parties. Ii ' 6 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk (SEAL) Attest: By Title jdconCHA BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairperson COUNTRY HEALTH ASSOCIATES, INC. By Title HAR-19-02 10,15 FROH,HONROE COUNTY ATTV OFFICE 10,3052923516 PAGE 2/15 . .''-' U~I ou EMERGENCY 'l'RAM;p()RTATION AG1lEKM1r.NT TIDS AGIlREMENT entered this _ day of . 2002 between t!Ie Board of County Cnmln'Hlan&n of Momoc COUIIty (.COUNTY-) and CowJtry Hwth Associates. lac. (-CJ!A .). WHEREAS, COUNTY bas aD ImetlocaJ AIICCmeDt with tile Monroe COIIDly School District to obtam Kbooi buses for evacuation pwposes: aDd WHEREAS, said Interlocal Agreemem expresslY aUows ~ COUNTY to enter iDIo a~ for use of siIid bu3cs for evacuation pIJIpO.SCS: aDd WHEREAs. CBA IIWIBgcs lCey West COIlvalcsceat Cenrcr. MlJ1lthon Manor, am1 Plamation Key Coo.vaJacem Cenrer, the three skilled .DUtsiD8 facilities currently operated in. MOIIrOc Cawuy; and W'HERRAS, dbas1er preparedness and emergcucy response plans requ.ired by Swe SlalUf.ea aud Florida AdmiDiatrative Regulations aU for the evaclWiOJl of reDdents of $udl facilities in accordance With aid plans; and WHE.REAS, akiUaI DUl'Sing facilities in Monroe Coumy do DOt have 8Ufticicm transportation resourc:a and such transportation ~ are DCCdcd to provide such ttaDSpOrtation to evacuate patieDtslraidcDIs in conocction with disaster prcparedlJcss IIK1 emeracu:y tespoDSC pm; and WHEREAS. u citi7..cDa of Monroe Coumy committed to help in p~ the public iDlerest ADd in aai$ciq ill c;cmiu disaster managc:mcnl opcntiODl, CHA Bgn:cs to allow Momoc County to utilize tbc three atilled ouning fac;ilitiea for Dltcrial of special medical needs SF HAR-19-02 10,15 FROH,HONROE COUNTY ATTY OFFICE 10,3052923516 PAGE 3/15 I........~ I!J~I tlll persons, as des""21fed by Mouroe Coumy Emergency Mauaaemem Service. a state: agency, during emergency respooses to Jm~ tropical stOIms.or Calecol)' J or 2 hunicm:s; mE PARTIES DO MlmJAILY AGREE AS FOlLOWS: ARTlCLB I - ~ This A~~ shaD C:Om~ OD tile date fiDt stated above and WDI:iuue thezafter subject to tbe PfOvWoDtl of Anic.le VI b=in. ARTICLE U - SFRVlCES A. COUNT\' - 11Jc COUNTY'. Social Services Dirccmr or SUCh perlOn II !he Director may desigDato ("COUNI'Y AGENT.). sbaU u,$UIDO full charlet of c:oordinatiDg aU opcmicms coocemcd with scbcduJiDg aad rc~ ~ 1UJdcc this Agrecmcm. CIA &ball DOdty COUNTY by tcJcpboDc when tile buses life needed from tile Sdlool Boud and COUNTY will then provide CHA with adva.ace DOtice as to WbeD the buses may be obtained by CHA. COUNTY shaJI provide eHA up to a maximum of fifteen (IS) bdBes if CHA is in compliance with paragraph B of this Article. COUNTY sba1l release buses oDJ.y to drivers on the pre- approvc:d list describecl ill paragraph B or to MoDl'OC Cowny School District drivers if the School Boud bas autborizcd such release. COl1NTX makes DO USUIm:c::s about the suitability of scbool buses, wbich are desigDed to transport CJblldren ~n dis1aDces IDd have no seat belts, DO batbroom facilities aDd ODly a few of w~ ha~ej accommodations. for I2Je phySiCally baDdicappcd. I, B. COUNTRY HBALm ASSOCIATES - ~ sball pmvtde 10 Coumy Agent by May 1st, 200Z, I prc-a:rtified tist of aurbDrized drivers aDd proof of iIIIU1'IDCc as requin:d by ArticJc IV, licensure iDformaEiou aad proof of cacl1 dmcr havina a Class CDI,A or CDI,B 2 . " MAR-18-02 10.15 FROM.MUN~U~ ~UUNTY ATTY urrl~~ IU.3052823516 PAu~ "/I~ . f"'IUL a.., ~u drivers license with airbrake and pIS$eDger CDdoncmem (bereinatr.cr the "approvccllist-) &lid school bus driving cqerieDCe. ~, CHA abalI, ill older to take delivery of aM use said school buses, maiDrain with the C()unty Aa=t, a cum:m file wbkJa is updab:d as drivers are =titled by COUNTY for the school bus evacuation or become diaqua1ificd. Quarterly lilts of approved drivers abalI be provided to Cowley A&e.at to lDauto that updatea stay cuacDt. CHA sball use bu&eli priDlarily for the out~"i:OWIt)' (to MiaJDi.Dadc IDd Broward CouDtiel) evacuation of its rcsidcDts pIU'8UI.Dt to their c:mageucy l'e$pudSC plans. CHA shall have drivers on the approved list pick up buaca during the time frames Ibat have been atablisbcd by the County School Board in conJunction with CIL\ ~ tile Couoty Aeem duriD& w~h the buses lie available for pick-qp. 'I1:a: time frames Will be Cltabli&hcd with due conslderuioD givCD to each CDrgeucy. COUNTY !as DO IeSpODSibility to remain at the pkt-up site after the time frames for wbJch CHA aDd the COUNTY baveagreed [Ot the pick up of the buses. CHA sball iDs~ that omy properly licensed aad autborized CHA boa drivers OD the approved list are allowed to drive a school bus that bas been released by COUNTY to CHA. CHA aDd authorized driven for eHA wDl opcra!C the ~I buses BDd will abide by aU applicable local, are aDd federal rcpJatious. No smok:iag Will be allowed on lIlY buses during the time they are released to CHA. CHA, and DOC the CoUDly oof rbc School Board. is reapoDSib1e for paymems of wages aDd for providiDg aa:omm.tioas to the drivet(s) Wbile out of MOIl1'oe Coumy. When DOt in U&e, CHA aha1l insure th;&t the buses arc atoRd in a secure location away from the flow of traffic. Any damage to. or dcsuuctiOD or. lID)' school b\IS dUriD& !be period between CHA acquiriug possession from COUNTY aad deliveriag tbc bus bKk to the COUNTY 3 , I, KAR-1S-02 16,20 FROM,MONROE COUNTY ATTY OFFICE IO,a052S2a516 PAGE 2/2 t ~ UJ/uu (or School BoanI if 50 directed by the Camty Agent) sball be tbc ftaII aDd sole responsibility of CHA. Any ovenime by School Board or COUNTY employccs mall be paid by CHA. TbI: school bua 10lDCd to CHA during c:mcrgenq- IapOme eveDla.1baU be reIlJrDal as Dircaed. by the Couoty ^sent in order to meet SdIooJ Board's aeed to tnD8port llUdem. CHA sbaD have a raaolllblc time to cJeaa aDd ~ bu$C$ prior to beiIw rctumal to COUNTY or School Board punuam to such imtrucUous. eRA ahaU Dot ~ ID1 mod1ficariODS, whetbcr temporuy or permaDoeDt, to aay ICbool bus IDIde available WIder dIiJ agR:cmalt. iDl:JudiDg but DOt _10, IaIUlYIl of..... or diurmiD& of -- M.._ -. .....,.. .. -till nil. .\ De le1e. ~.... iJi~ 1eIdin& Iftd'tmh f' '5 II,pnlgb cbr- ~Id. dUlf. Ole Ib.. -eel ~tr... un."'4l I""'''',Gr / -...m...dh.ts i. --.~Ib, Ib.. -- ~III cd.....11"/J'I' ,am .c. CHA sball follow COUNTY's iDstruc;tiom for placemcm of the busea cluriDe the state of emeqeacy UKl return tbcreafter. The buses shaJI be returned fally ftle1cd and in the ADIC coDditioD. aI wbc:D !be buxs were released ID CHA. Costa of repain and c1eao.iog that az:e oecc.swy to briDi :QJ)' school bus released to CHA bic1: to the IiI11Ie condition it was ill when xeIeased to ClIA aball be paid for by CHA within thiny (30) days of CRA's U8C of the ~. CHA shall ptoYide ill own pcnoDDCl or 19cDls to assilt CHA ~~Wpaticms in t.m.eriDa aDd departiag ICbDol buses. CHA ~ be raponsiblc for IDY ~n. 11forbr'l QJDJpCnsatiOD iasuna:e aDd 0Ibcr iDsuraJua ~ employee beDefitI for CHA pe:t'SODDd aut agems. 'Ibis ~ does DOt probibit lUIY DlU'SiDg JIome from ~ usillaD:c from additioaalpcDODIId IDd fCSClUII:a in the municipalities in"hich they &R Jocau:d. ADy ~ideDIS involving a 5clJoo1 bus sbaI1 be rqKb.ted to cqUNTY iIl.writiq ~~1y. ARTICLE m - USH OF CHA FACIUTJP..s DURING EMIm(;P.NCIES 4 ,. HAR-19-02 10,18 FROH,HONROE COUNTY ATTY OFFICE 10,3052923518 PAGE 6/15 . HUe_ ElO' no At a lime whcD it is detenniDcd that there ia no rcasoDlble cha=c of a tropicaJ sroan or CuegOI)' 1 or 2 bunh:aJJe to aa:elcrarelstreDgrhca (thereby bec.nrni'11 a CarcsOI)' 3 or b!gbeT thrclt) IUd possibJy f~ aD. out-of-facWty e+acumoD. CHA will allow Monroe Coumy to utilize CHA's three akiUcd IDU'$ing facilities fOr sheltedu, cbipal!d special ~ica1 DCCds pcnoos. COUNTY shall trmspoft to CHA skiIkd llUtSimg faeil~ ODIy fho&c special medical DCCds pmGUS wbo arc on a list predeteDDiDcd through cOontioation bct...~ CHA IIId Momoe County EmcrgCIICJ MaDaIClDCDt.. AU such specJa1 1Dedical uceds perIODS that IIC trausponed or arrive at ODe, 01 rhc -5ki1Ied DUI'SJn.g facilities duriDc such a disaster respome will be tteatcd u a -guest- of tbo facility aDd will DOt be treated or clasfUiccl u aD -iDpa~ residem- of Ibc facility except that if mrrl~~11lQtmcm bcYODI;! !be scope of rclUllr ~ica1 Iegimen of my special Deeds pcnou bc:comcs DeCeSSaI'y. CHAJsltaff wiJJ provide SUCh treaament as DCCeasary umi1 the special mMi('~1 mcds pcISOn an be' llanspoltFd to other mrdica.t facilities. CHA agrees to this panicular provision only for tJaose specp! medical n=ds persons who have provided liability waivers (for mr4iC&! rmJpnctice except gross negligence or intentional acts or omissions) in coqjuDction with pJaeancur on the PRdctermiDed liat. As EUCh, each special medical Deeds person 'W1Iom will be abdtcn:dlt tile CHA sJciUcd IIIIISiq ~ility must arrive with aptAVPIWe mrrIic:aJ suppliea. ~nJ cqWpmcnt. P~. aDd wiIh such c:aIqiver . I support as is D<<""~ to IIWIIgc bisIbcr ~ ~~ Deala IDd daily 1'CQUire:m=ts. At aU times while renaini,,! . -JUCIl- of the CHA ~ llUlSipg facility. each special medical needs penon will remain die reapoDSibility of his Or her pqmary caregiver. Wben the state of emcrzcacy baa ceased. Mooroe Couuty \Vill~ upou rr..-~bJIIt dAa1llad.. ft:IDOVC the special mMito___J Deed -pesta- 1iom 1bc CHA atiJJcd DltSiq r~. , ; s MAR-19-02 10,16 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516 PAGE 7/15 . "'A.. U, I aQ AR1tCLE IV ~. IN'SURAHCI; Prior to any bus being made availabJe 10 'CBA UDdh this aan:=cDt; CHA JDU3t provide COUNTY wiD a ~te of Liability ~ covcriag b0D-01PDCd aad hired vehicles as ,- . . weD-IS oWDtJd vehicles, with tovmae of $500,000 per perIOD. $1 MlWoupcr occurreacc IDd $100,000 property damage; or $1 Mmiou COIDb.bitJd .iDlJe limit Both Mo~ Coumy uxf the Momoe County School Board aball be uamat addir:ioDaI insun:ds OD the CcrtitJcafe ot lDsIuaJa aad I ttue and cum:m copy of which sbaIJ be seal by CHA to tbe Monroe COWJty Risk Maaagcmmc Oftice. The iDsura.ace policy shaD include a rc:quimDem tha the iIISUI'a' notify COUNTY IDd School Boud in writing at ~ five days before ~ early tcrm;nmoD of iDsurImce. ARnCLE V - INnEMNIPICATlOli No party bema, its respective officcn lad employees sball assume any liability for the acts, omissiODS or uegligeace of the other part.y. To the extem permit:re4 by law. eacb party ~ bold ~ otbu barmJess aDd sball der~. the otlw party and its officen and employccs apiDst my cJaiiD for damage resuldug dle.re(tam. Each party sba11 be l'CSpOosible for me ads, omissions or CQDduct of Us 0WIl employees m:lllads. AR'fiClB VI -.1JRMlN"nON Eitbcr party may tamiDaIc this qrccmem by providing alleaat c1xty (60) da)'l prior wriua1 nottce to rbc orhcr. Should the ~ BoanlIe:l'DlUWe ill agRCmCDI with COUNTY to provide blUes for e.ftCUIIicm purposes, tbit qR:eIUDllbaU be automadcal1y fer9n;n.tl'lCt IS of !be date of tenninadon of the COUNTY/~bqol Boarf:I~. cqUNTY will forward to CHA a copy of the Sehool Board.. IJOdce ~ tc:nDiDatiOD. 6 II I. . ~ I MAR-19-02 10,16 FROM , MONROE COUNTY ATTY OFFICE ID,3052923516 PACE 8/15 ARTICLE vn - AMENDMENJ' OP AGR'RRMIWr 1bis a~ent may DOl be ameDded UDltu mcb Dn~~ b rccl1=d to wrlt1na IDd exetVmI by ~ patties. I i: I IN WIl'NBSS WHERBOF. the partfa bCmo have let dIeir haadt aDd S88k the day IJId . year first above Wriuea. (SEAL) ATI'EST: DANNY L. ICOUlAGB. CLERK BOARD OF COUNTY COMMISSIONERS OP MONROE COUNTY. FLORIDA BY: I DEPUTY CLBltK BY: MAYORlCBAJRPERSON " (SEAL) :- .