2. 03/20/2002 Agreement
MEMORANDUM
TO:
James T. Hendrick,
County Attorney
ATTN:
Jan Hotalen
FROM:
Isabel C. DeSantis, . ~ .
Deputy Clerk .J..;VcJJ
DATE:
Monday, May 06, 2002
On March 20, 2002, the BOCC granted approval and authorized execution of an Emergency
Transportation Agreement between Monroe County and Country Health Associates, Inc.
to provide up to ten school buses (made available to County) for emergency evacuation of
nursing home residents.
Attached hereto is a fully-executed duplicate original of the subject document for your
handling. Should you have any questions concerning this matter, please feel free to
contact this office.
Copies: Finance
./File
EMERGENCY TRANSPORTATION AGREEMENT
TillS AGREEMENT entered this '7f) ~ay of tIJ/tf:LIf .2002 between the Board
of County Commissioners of Monroe County ("COUNTY") and Country Health Associates, Inc.
("CHA").
WHEREAS, COUNTY has an Interlocal Agreement with the Monroe County School
District to obtain school buses for evacuation purposes; and
WHEREAS, said Interlocal Agreement expressly allows the COUNTY to enter into
agreements for use of said buses for evacuation purposes; and
WHEREAS, CHA manages Key West Convalescent Center, Marathon Manor, and
Plantation Key Convalescent Center, the three skilled nursing facilities currently operated in
Monroe County; and
WHEREAS, disaster preparedness and emergency response plans required by State
Statutes and Florida Administrative Regulations call for the evacuation of residents of such
facilities in accordance with said plans; and
WHEREAS, skilled nursing facilities III Monroe County do not have sufficient
transportation resources and such transportation resources are needed to provide such
transportation to evacuate patients/residents in connection with disaster preparedness and
emergency response plans; and
WHEREAS, as citizens of Monroe County committed to help in protecting the public
interest and in assisting in certain disaster management operations, CHA agrees to allow Monroe
County to utilize the three skilled nursing facilities for sheltering of special medical needs
persons, as designated by Monroe County Emergency Management Service, a state agency,
during emergency responses to impending tropical storms or Category 1 or 2 hurricanes;
THE PARTIES DO MUTUALLY AGREE AS FOLLOWS:
ARTICLE I - TERM
This Agreement shall commence on the date first stated above and continue 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 designate ("COUNTY AGENT"), shall assume full charge of coordinating all
operations concerned with scheduling and releasing buses under this Agreement. CHA shall
notify COUNTY by telephone when the buses are needed from the School Board and COUNTY
will then provide CHA with advance notice as to when the buses may be obtained by CHA.
COUNTY shall provide CHA up to a maximum of fifteen (15) 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 transport children short distances and have no seat belts,
no bathroom facilities and only a few of which have accommodations for the physically
handicapped.
B. COUNTRY HEALTH ASSOCIATES - CHA shall provide to County Agent by
May 1st, 2002, a pre-certified list of authorized drivers and proof of insurance as required by
Article IV, licensure information and proof of each driver having a Class CDL-A or CDL-B
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drivers license with airbrake and passenger endorsement (hereinafter the "approved list") and
school bus driving experience. Thereafter, CHA shall, in order to take delivery of and use said
school buses, maintain with the County Agent, a current file 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. CHA
shall use buses primarily 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 time frames that have been established by the
County School Board in conjunction with CHA and the County Agent during which the buses
are available for pick-up. These time frames will be established with due consideration given
to each emergency. COUNTY has no responsibility to remain at the pick-up site after the time
frames for which CHA and the COUNTY have agreed for the pick up of the buses. CHA shall
insure that only properly licensed and authorized CHA bus drivers on the approved list are
allowed to drive a school bus that has been released by COUNTY to CHA. CHA and
authorized drivers for CHA will operate the school buses and will abide by all applicable local,
state and federal regulations. No smoking will be allowed on any buses during the time they
are released to CHA. CHA, and not the County nor the School Board, is responsible for
payments of wages and for providing accommodations to the driver(s) while out of Monroe
County. When not in use, CHA shall insure that the buses are stored in a secure location away
from the flow of traffic. Any damage to, or destruction of, any school bus during the period
between CHA acquiring possession from COUNTY and delivering the bus back to the COUNTY
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(or School Board if so directed by the County Agent) shall be the full and sole responsibility of
CHA. Any overtime by School Board or COUNTY employees shall be paid by CHA.
The school buses loaned to CHA during emergency response events shall be returned as
Directed by the County Agent in order to meet School Board's need to transport students. CHA
shall have a reasonable time to clean and inspect buses prior to being returned to COUNTY or
School Board pursuant to such instructions. CHA shall not make any modifications, whether
temporary or permanent, to any school bus made available under this agreement, including but
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 necessary to bring any school bus released to
CHA back to the same condition it was in when released to CHA shall be paid for by CHA
within thirty (30) days of CHA's use of the buses.
CHA shall provide its own personnel or agents to assist CHA residents/patients in
entering and departing school buses. CHA 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 any nursing home 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 COUNTY in writing immediately.
ARTICLE III - USE OF CHA FACILITIES DURING EMERGENCIES
At a time when it is determined that there is no reasonable chance of a tropical storm or
Category 1 or 2 hurricane to accelerate/strengthen (thereby becoming a Category 3 or higher
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threat) and possibly force an out-of-facility evacuation, CHA will allow Monroe County to
utilize CHA' s three skilled nursing facilities for sheltering designated special medical needs
persons. COUNTY shall transport to CHA skilled nursing facilities only those special medical
needs persons who are on a list predetermined through coordination between CHA and Monroe
County Emergency Management. All such special medical needs persons that are transported
or arrive at one of the skilled nursing facilities during 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
facility except that if medical treatment beyond the scope of regular medical regimen of any
special needs person becomes necessary, CHA' s staff will provide such treatment as necessary
until the special medical needs person can be transported to other medical facilities. CHA
agrees to this particular provision only for those special medical needs persons who have
provided liability waivers (for medical malpractice except gross negligence or intentional 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 skilled nursing facility must arrive
with appropriate medical supplies, medical equipment, pharmacenticals, and with such caregiver
support as is necessary to manage his/her special medical needs and daily requirements. At all
times while remaining a "guest" of the CHA skilled nursing facility, each special medical needs
person will remain the responsibility of his or her primary caregiver. When the state of
emergency has ceased, Monroe County will, upon reasonable demand, remove the special
medical need "guests" from the CHA skilled nursing facility.
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ARTICLE IV - INSURANCE
Prior to any bus being made available to CHA under this agreement, CHA must provide
COUNTY will a Certificate of Liability Insurance covering non-owned and hired vehicles as
well as owned vehicles, with coverage of $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 shall be named additional insureds on the Certificate 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 that the insurer notify
COUNTY and School Board in writing at least five days before any early termination of
Insurance.
ARTICLE V - INDEMNIFICATION
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 permitted by law, each party
shall hold the other harmless 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 agreement by providing at least sixty (60) days prior
written notice to the other. Should the School Board terminate its agreement with COUNTY
to provide buses for evacuation purposes, this agreement shall be automatically terminated as
of the date of termination of the COUNTY/School Board agreement. COUNTY will forward
to CHA a copy of the School Board's notice of termination.
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ARTICLE VII - AMENDMENT OF AGREEMENT
This agreement may not be amended unless such amendment is reduced to writing and
executed by both parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
COUNTRY HEALTH ASSOCIATES, INC.
BY: /7/r ~ ~t'~
Title ~eD
BY
DATE ,,_~~~~N
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