HomeMy WebLinkAboutShelton School District MC Contract #20-031
Memorandum of Understanding
Between
Shelton School District
And Mason County Community Services-Public Health
Concerning
USE OF FACILITIES DURING PUBLIC HEALTH DISASTERS/EMERGENCIES
1. Purpose: This agreement is made and entered into between the Shelton School District in
(Shelton, WA and Mason County) and Mason County Community Services - Public Health (hereafter
MCCS-PH). This agreement will facilitate the provision of emergency/disaster services to individuals
and families in the event of an emergency/disaster. The Superintendent or designee of the Shelton
School District is authorized to permit MCCS-PH to use its facilities and desires to participate with
MCCS-PH for emergency/disaster related purposes.
2. Agreement: The parties mutually desire to enter into this agreement for the purposes stated
above. The parties agree:
a) Upon the request of MCCS-PH, the District agrees that it will permit MCCS-PH to use its
facilities without charge for all services reasonably related to emergency/disaster activities
including but not limited to mass vaccinations, medication disbursal, alternative health care,
etc. for victims of disaster/emergency, if practical.
b) MCCS-PH agrees to exercise reasonable care in the conduct of its activities in the Districts'
facilities and further agrees to assist with replacement or reimbursement to the District for any
foods or supplies used by MCCS-PH in the conduct of its activities in these facilities. MCCS-
PH will also restore the used premises to a condition reasonably like the condition prior to use
by MCCS-PH.
c) MCCS-PH agrees to provide cleaning services while occupying the facilities and a final
cleaning following the use and vacating of the facilities. This applies to the areas within the
used facility during the disaster/emergency.
d) Notwithstanding any other agreements, MCCS-PH and the District agree to defend, hold
harmless, and indemnify each other against any legal liability with respect to bodily injury,
death, and property damage, arising from negligence or intentional acts of either party during
the use of the property belonging to the District. It is understood and agreed that this
agreement is for the sole benefit of the parties and gives no right to any other party. No joint
venture or partnership is formed by this agreement.
e) This agreement shall be valid for five (5) years from the signature date below, unless modified
in writing by the parties.
f) No portion of this contract may be assigned, delegated or subcontracted to any other
individual, firm or entity without the express and prior written approval of the other party.
g) Either party may request changes in the agreement. Any and all agreed modifications shall be
in writing, signed by each of the parties, and effective on the latter date of execution by the
respective parties.
h) In the event that any litigation should arise concerning the construction or interpretation of any
of the terms of this agreement, the venue of such action or litigation shall be in the courts of
the State of Washington in and for the County of Mason. This agreement shall be governed by
the laws of the State of Washington. Except as stated herein, each party shall be responsible
for its own attorneys' fees.
i) To the extent applicable, both parties shall comply with any state and/or federal laws regarding
privacy of medical information.
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j) MCCS-PH or the District may terminate or suspend this agreement in whole or in part
whenever MCCS-PH or the District determines that such termination or suspension is in the
interests of either party. Termination or suspension of this agreement at any time during the
term, whether for default or convenience, shall not constitute a breach of this agreement by
MCCS-PH or the District. This agreement may be reactivated in whole or in part following
suspension upon depositing written notice of reactivation to the District in the U.S. Mail, said
reactivation becoming effective ten (10) days following mailing.
k) If any term or condition of this agreement or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this contract are declared severable.
I) Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or
subsequent breach. No term or condition of this contract shall be held to be waived, modified
or deleted except by instrument, in writing, signed by the parties hereto.
m) This written agreement represents the entire agreement between the parties and supersedes
any prior oral statements, discussions, or understandings between the parties.
n) This agreement does not supersede any other agreements that the District may have with
other organizations or partners.
In witness whereof, the Superintendent of Shelton School District and the Director of MCCS-PH have
caused this agreement to be executed. This agreement is effective and operative upon the fixing of
the last signature hereto.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY
--Sharon Tras ,, Chair
APPROVED AS TO FORM: / f/ -3
Chief, Prosecuting Attorney pz,.
Kevin Shutty, Co' missioner
Tim Whitehead RarSdy Neather and, Commissioner
• SHELTON SC IL DISTRICT
ATTEST:
CI of t e Board 1/ Superintendent School Representative
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