06/18/1997
HURRICANE EVACUATION TRANSPORTATION AGREEMENT - NURSING HOME
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THIS AGREEMENT is entered this /Y day of
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. 1997. between the Board of
County Commissioners of MONROE COUNTY (COUNTY) and GOLDEN LEAF MANAGEMENT. INC.
(INSTITUTION).
WHEREAS. COUNTY has an Interlocal Agreement with the Monroe County District School Board to
obtain school buses for evacuation of persons who have special needs or are medically needy or
transportation disadvantaged; and
WHEREAS. said Interlocal Agreement expressly allows the COUNTY to enter into agreements for
use of said buses for hurricane evacuation; and
WHEREAS. INSTITUTION manages Key West Convalescent Center. Marathon Manor Convalescent
Center. Plantation Key Convalescent Center. the three private nursing homes currently operated in
Monroe County; and
WHEREAS. many disaster preparedness plans call for evacuation in the event of Hurricane
Category 3 and above strength storms; and
WHEREAS. the INSTITUTION does not have sufficient transportation to evapate its r~Jiden!!:!or in-
CO :s r-
patients in connection with its disaster preparedness plan required by Section 4il~~ Fla. Statuta and
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F.A.C. 59A-4.126; and (J ,- - ~
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WHEREAS. the INSTITUTION does not need transportation assistance in th;~t of;al Hu~ane
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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 the Director may
designate. shall assume full charge of coordinating all operations concerned with scheduling and
releasing the school buses under this agreement. COUNTY shall provide to INSTITUTION minimum of ten
(10) and a maximum of fifteen (15) buses if INSTITUTION 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 Social Services Director. said official shall determine the
number of buses to be released under this Agreement.
B) INSTITUTION - INSTITUTION 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. 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. INSTITUTION shall use
buses solely for transport of residents to the Monroe County Detention Facility on Stock Island or to
hurricane shelters outside Monroe County for Category 3 or higher category storms.
Any equipment loaned to INSTITUTION 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. INSTITUTION 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 INSTITUTION. shall be fully fueled and all fluid levels shall be filled to manufacturer's recommended
levels.
INSTITUTION shall provide its own personnel or agents to assist its residents/patients in entering
and departing the school buses. INSTITUTION 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 INSTITUTION under this Agreement. INSTITUTION 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.
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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 Aareement
This Agreement may be amended by joint agreement in writing of both parties.
Article VII - Intearation
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
/:(~0;'~11, ertormonce of the Agreement. eoch porty shall comply with all applicable federal, state
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a~(:;r:lo<tql~r~ \ules and regulations.
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AH~SJ:;.QbNNY L. KOLHAGE. CLERK
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By
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T Depu Clerk
ATTEST; GOLDEN LEAF MANAGEMENT. INC.
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President/ airman
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