1
MEMORANDUM OF UNDERSTANDING – EMERGENCY FACILITY USE
AGREEMENT
This
Memorandum
of
Understanding
(“
Agreement
”)
for
Emergency
Services
is
into
between
the
Aransas
Pass
Independent
School
District
(“
District
”
or
“APISD”
),
acting
by
and
through
its
Board
of
Trustees,
and
The
City
of
Aransas
Pass
(“
City
”
),
acting
by
and
through its
City Council
, together referred to as
“
Parties.
”
R E C I T A L S
WHEREAS,
the
P
arties
desire
to
enter
into
a
Memorandum
of
Understanding
to
give
the
District
immediate
access
to
the
City
of
Aransas
Pass
C
ivic
Center
(“
Facility
”)
located
at
700
W.
Wheeler
Avenue,
Aransas
Pass
Texas
78336
as
an
overflow
emergency
evacuation
shelter
and/or
reunification
site
in
the
event
of
a
school
incident
or
other
emergency
which
requires
any
District
campus
to
perform
an
off-site
e
vacuation
or
establish
a
location
for
reunification
of
students and families
; and
WHEREAS
,
the
Parties
find
that
entering
in
to
such
an
Agreement
serves
a
public
purpose
and
enhances
the
safety
of
the
students
who
live
in
the
City
and
attend
schools
in
the
District.
NOW
THEREFORE,
in
consideration
of
the
mutual
covenants
and
agreements
herein
contained,
the
sufficiency
of
which
are
acknowledged,
and
subject
to
the
terms
and
conditions
hereinafter set forth, the Parties agree as follows:
T
ERMS AND AGREEMENT
I. Purpose
The
Parties
recognize
their
respective
dut
ies
to
help
prepare,
safeguard,
and
protect
citizens
and
property
from
the
effects
of
disasters
or
other
emergencies
through
effective
planning,
preparation, response, and recovery activities.
In
accordance
with
District
Board
Policy
CKC
(Legal),
the
District
is
required
to
adopt
an
Emergency
Operation
Plan,
which
provides
for
employee
training,
school
drills,
coordination
with
local
agencies,
and
a
safety
and
security
audit.
Pursuant
to
this
provision,
the
District
has
entered
into
this
Agreement
with
the
City,
to
provide
for
use
of
the
Facility
in
an
off-site
e
vacuation
and/or
reunification
site
in
the
event
of
an
emergency.
This
may
include,
but
is
not
limited
to,
a
natural
disaster
,
active
shooter,
fire,
or
any
other
event
that
poses
a
serious
danger
to
persons or property on
a District campus.
In
order
to
prepare
effectively
for
campus
emergencies,
the
City
has
agreed
to
allow
the
District
immediate
access to the Facility, at
no cost to the D
istrict.
2
II.
Principles of Cooperation
So
that
communications
resources
of
the
City
and
the
District
may
be
coordinated
and
utilized
to
the
fullest
advantage
during
disasters,
emergencies,
and
public-service
related
situations,
and
to
the
extent
permitted
or
required
by
law
and
regulation,
the
City
and
the
District
have
agreed that each
Party
will:
1.
Encourage
o
ngoing
communication
with
the
other
Party
to
allow
for
effective
cooperation.
2.
Work with each other
in
developing emergency plans
.
3.
Work
with
each
other
in
times
of
disaster
or
emergency
to
meet
the
needs
of
the
both Parties.
4.
Work
within
each
P
arty
’s
own
lines
of
authority
and
respect
the
lines
of
authority
of
the
other
P
arty
.
Direct
supervision
and
control
of
personnel,
equipment,
and
resources
and
personnel
accountability
remain
the
responsibility
of
the
designated
supervisory personnel of
each Party.
5.
Strive
to
distribut
e
copies
of
and
publicize
this
A
greement
through
channels
to
its
own
members,
and
to
other
organizations,
both
public
and
private,
which
may
have an active interest in disaster relief.
6.
Acknowledge
that
each
Party
intends
that
transportation,
food,
housing,
and
any
expense
s
incurred
by
either
Party
shall
be
the
responsibility
of
the
Party
that
incurs the expense.
7.
Acknowledge
that
each
Party
intends
to
make
best
efforts
toward
accommodations
and
necessities
during
an
event
requiring
implementation
of
this
Agreement
(
i.e
.,
an
emergency
)
but
agree
that
such
may
not
be
the
priority
during
such
circumstances and
cannot be assured.
8.
AP
ISD
shall
be
responsible
and
exercise
reasonable
care
for
supervising
the
activities of its students and staff while they are housed in the Facility.
9.
AP
ISD
shall
be
responsible
for
the
replacement,
restoration
or
repair
of
any
damage
to
the
Facility
caused
by
AP
ISD
students
or
staff
while
they
are
housed
in the Facility.
10.
In
paying
for
the
performance
of
governmental
functions
or
services,
each
Party
must make those payment
s
from current revenues available to the paying
P
arty.
III. Implementation
This
Agreement
becomes
effective
as
of
the
date
on
which
the
last
Party
signs
this
Agreement
(the
“
Effective Date
”
). The
initial
term of this agreement is
five
(5)
years.
This
memorandum
may
be
amend
ed
by
mutual
written
agreement
of
both
P
arties,
and
it
is
understood
by
both
P
arties
that
this
Memorandum
of
Understanding
may
be
terminated
at
any
time
by
wr
itten
notification
from
either
P
arty
to
the
other
(but
not
during
an
emergency
or
incident requiring off-site evacuation to the Facility)
.
Six
months
prior
to
the
expiration
of
the
initial
five
(5)
year
term,
unless
earlier
terminated
as
provided
herein
,
the
parties
shall
meet
to
review
the
progress
and
success
of
the
Memorandum
3
of
Understanding
and
determine
whether
it
shall
be
extended
for
an
additional
five
(5)
years.
In
no
event
shall
any
single
extension
of
this
Memorandum
of
Understanding
be
for
a
term
exceeding five
(5)
years.
IV.
Miscellaneous
1.
Powers
-
This
Memorandum
of
Understanding
does
not
create
a
partnership
or
a
joint
venture, and neither Party has the authority
to
bind the other.
2.
Limitation
of
Liability
-
The
Parties
understand
and
agree
that
neither
party
shall
have
a
cause
of
action
against
th
e
other
under
this
Agreement
.
The
Parties
’
sole
remedy for breach of any provision of this Agreement is termination.
3.
Responsibilities
of
Parties
-
Each
Party
covenants
and
agrees,
to
the
extent
permitted
by
law,
that
each
Party
shall
be
solely
responsible
for
any
act,
omission,
or
failure
to
act
by
said
Party
or
its
respective
employees
or
agents,
during
the
course
of
an
evacuation
and use of the Facility pursuant to this A
greement.
4.
Entire
Agreement
-
This
Agreement
is
the
entire
agreement
between
the
Parties
as
to
the
subject
matter
hereof
and
supersedes
any
prior
understanding
or
written
or
oral
agreement
relative
to
the
subject
matter
hereof.
This
Agreement
may
be
amended
only
by
written
instrument
duly
approved
and
executed
by
both
Parties
in
accordance
with
the formalities of this Agreement.
5.
No
Waiver
of
Immunity
-
Neither
Party
waives
or
relinquishes
any
immunity
or
defense
on
behalf
of
itself,
its
trustees,
councilmembers,
officers,
employees,
or
agents
because
of
the
execution
of
this
Agreement
and
the
performance
of
the
covenants
and
agreements contained herein.
6.
Choice
of
Law
&
Venue
-
This
Agreement
shall
be
governed
by
Texas
law
and
m
andatory
and
exclusive
venue
of
any
dispute
between
the
Parties
to
this
Agreement
shall be in
San Patricio
County, Texas.
7.
Counterparts
-
This
Agreement
may
be
executed
in
any
number
of
counterparts,
each
of
which
shall
be
deemed
an
original
and
all
of
which
together
shall
be
deemed
to
be
one and the same instrument.
IN
WITNESS
WHEREOF
,
this
Agreement
has
been
executed
on
behalf
of
the
City
and
on
behalf of
the District
by authorized representative
s of
each Party
.
EXECUTED
this _____ day of __________, 20
20.
4
ARANSAS PASS INDEPENDENT SCHOOL DISTRICT
By: _________________________
________________
Printed Name:
_________________________________
Title: _______________________
_________________
EXECUTED
this _____ day
of __________, 2020.
CITY OF ARANSAS PASS
By: _________________________________________
Printed Name: _________________________________
Title: ________________________________________