Memorandum of Understanding Between Atchison County, Kansas And Atchison County Community Schools USD 377

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1 Memorandum of Understanding Between Atchison County, Kansas And Atchison County Community Schools USD 377 I. Purpose The purpose of this memorandum of Understanding is to confirm a spirit of cooperation and coordination between the County of Atchison and Atchison County Community Schools USD 377 (henceforth referred to as USD 377 or the District) in planning, preparedness, response, and recovery to disasters and other emergencies. II. Definition of Disaster "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or man-made cause, including, but not limited to, fire, flood, earthquake, heat wave, wind, tornado, storm, epidemics, air pollution, utility line breakage, contamination, drought, infestation, explosion, train or truck accident, nuclear weapons attack, terrorist attack, riot, or major event resulting to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare. III. Organization of the County of Atchison, Kansas In conjunction with County government, Atchison County Emergency Management has responsibility for the health and safety of its residents. The County has a Multi-hazard Response Plan and uses the National Incident Management System (NIMS) to coordinate response and recovery operations. "Emergency Operation" is defined as the preparation for and the carrying out of all emergency functions, which are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters. IV. Authority of American Red Cross In providing disaster relief, the American Red Cross (ARC) has the purpose to carry on a system of national and international relief in time of peace and to apply the same in mitigating the sufferings caused by pestilence, famine, fire, floods, and other great national calamities, and to devise and carry out measures for preventing those calamities. 1

2 V. Coordinating Disaster Relief In a locally declared disaster where people are displaced and the need for mass care and shelter operations is needed, ATCHISON COUNTY EMERGENCY MANAGEMENT will coordinate with USD 377 and the American Red Cross to set up a Mass Care Shelter in the County. In a regional event, the County would also coordinate these activities with Kansas Division of Emergency Management and Homeland Security. However, it is recognized in a regional disaster, the Kansas City Chapter of the American Red Cross has limited resources and may not be able to support Shelter Operations for Atchison County. In that event the County will work with USD 377 to identify the appropriate school district building to be used for a Mass Care Shelter. The County acknowledges that USD 377 does not have the personnel to man the shelter. The County, in lieu of American Red Cross support, will provide the manpower to facilitate shelter operations. To facilitate the feeding of emergency/disaster victims when the American Red Cross is not in charge of Shelter operations, the County will work with the USD 377 Food Services to enable the feeding of displaced populations. VI. Other Coordination Applications In an emergency/disaster event there may be occasions to open a reception center to initially size up the need for mass care and sheltering. Should the American Red Cross not be available to assist with such a center, the County will work with USD 377 to facilitate this need. As with the opening of a shelter under County oversight, the County will confer with USD 377 as to the appropriate district building to be used for this purpose. Cooling/warming centers are other applications in a non-declared disaster situation that might require the use of a school district building. The same procedures will be followed with USD 377 on the chance this type of resource is needed to ensure the safety, health and well-being of the community. Transportation needs during a disaster may include transporting citizens to shelters or evacuating areas affected by the disaster. School buses are an effective way to transport many people at one time. Atchison County Emergency Management will coordinate with USD 377 to transport citizens using USD 377 s buses using school personnel if possible. USD 377 will bill Atchison County Emergency Management for the use of its buses and personnel for transportation during a disaster. 2

3 VII. General Provisions This agreement shall become effective upon execution by authorized individuals of both organizations. Either party may terminate this agreement with thirty (30) days written notice served on the other by registered or certified mail. VIII. Term The effective date of this agreement shall be December 13, This agreement is automatically renewed yearly, unless either party terminates the agreement in writing according to the above general provisions. Atchison County should coordinate a meeting every two years with USD 377 to review, revise, and develop new plans as appropriate. IX. General Methods of Cooperation So that resources of Atchison County and USD 377 are used to the fullest advantage in preparedness and rendering disaster relief the following guidelines have been established: A. Close liaison will continue between the County and USD 377 via general meetings, conferences, telephone, fax, radio communications with the Education Center, or other means. Atchison County Emergency Management will keep the District appraised of any disaster declarations or major events. B. Each organization will participate to the extent possible in joint training courses, exercises, and other cooperative efforts, such as disaster preparedness planning. C. The County will coordinate with the District to obtain Mass Care and feeding resource needs for disasters or major events. The District will identify and provide the most advantageous location to be used based on the nature of the event and provide a staff person to open the building during hours the identified building is closed for business. Coordination between the District and ARC will occur in normal circumstances. In County-wide and/or regional events coordination with the aforementioned agencies will also include Kansas Division of Emergency Management and Homeland Security. D. The County will train County and volunteer personnel to staff any Mass Care facility that is activated by the County in lieu of ARC support. 3

4 E. The District Food Services or Transportation Services will bill the County through Atchison County Emergency Management, 506 Howard, PO Box 22, Effingham, KS via itemized lists for all meals prepared to support disaster relief or feeding in major events in which there is no ARC support. F. Facility Use and Reimbursement: The County will be responsible for care of the area of a District facility used for Mass Care. A walk-through of the facility will be done by a County representative and School District representative prior to opening. Any cost for damage done by shelter clients will be documented by the District and an itemized cost for repairs will be billed to the County in events not supported by ARC. The District will also itemize a bill for facility usage and present to the City upon closing of the Shelter not supported by ARC. X. Indemnification and insurance Subject to the provisions of K.S.A. Chapter 75, Article 61, Kansas Tort Claim Act and K.S.A Supp , Atchison County and USD 377 agree to indemnify and hold harmless each other and each other s respective officials, employees, agents, and volunteers from any and all claims, demands, damages, costs, expenses (including attorney s fees), judgments or liabilities arising out of this Memorandum of Understanding. Further, both parties to this Memorandum of Understanding agree to maintain such insurance or self-insurance subject to and as applicable under K.S.A. Chapter 75, Articles 61 and K.S.A. Chapter 44, Article 5, Workers Compensation. Further both parties agree to waive subrogation for injuries arising out of this Memorandum of Understanding that result in workers compensation claims. 4

5 Memorandum of Understanding between Atchison County, Kansas and Atchison County Community Schools USD 377. IN WITNESS THEREOF, the parties have executed this Memorandum of Understanding to be effected on the date executed by the County. ATTEST: By: By: Wesley D. Lanter, Mr. Stephen Wiseman Emergency Management Director Superintendent of Schools 5

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