Memorandum of Understanding Sheltering and Mass Care Facilities This Agreement is made and entered into between the Webster Central School District (“Webster”) and Penfield Central School District (“Penfield”) to establish shelter site locations and terms of use in the event of an evacuation of the students and staff of the Penfield Central School District. 1. Term and Termination. This Agreement shall become effective on March 1, 2023 and may be modified upon the mutual written consent of the parties. The terms of this Agreement, as modified with the consent of both parties, shall be self-renewable for a period of five (5) years from the end date of the Agreement unless written termination is given by either party. Either party, upon sixty (60) days’ written notice to the other party, may terminate this Agreement with or without cause. 2. Notice. Penfield will make every effort to notify Webster of evacuation possibilities with as much notice as possible. Contact information between the two parties shall be maintained in a separate appendix and is considered confidential information and is not subject to public disclosure. 3. Facility. Webster agrees to open its Schroeder High School located at 875 Ridge Road, Webster, NY 14580 (“Schroeder”) to provide shelter and assistance to students and staff evacuated during emergency situations when the students and staff have a need to be sheltered. Schroeder has a capacity to accommodate approximately 2000 people. 4. Access to Facility. Webster understands its district will be responsible for opening the building and developing procedures for making the building accessible, including restrooms and an area with phone and Internet connection (if available) for Penfield administrative personnel. Furthermore, Penfield will provide supervision for all students and staff during the time that the facility is used as an emergency shelter site. 5. Care of Facility. Penfield agrees it shall exercise reasonable care in the conduct of its activities in said facilities and further agrees to replace or reimburse Webster for any items, materials, equipment or supplies that may be used by Penfield in the conduct of its sheltering activities in said facilities. Penfield will be responsible for replacing, restoring or repairing damage occasioned by the use of any building, facilities or equipment belonging to Webster. 6. Expenses. Penfield will reimburse Webster for any bona fide expenditure of personnel required to maintain the facility related to its use under this Agreement, including overtime costs, upon production of receipts or time sheets. Penfield will not pay any operational or administrative fees to Webster.
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7. Media Communications. Penfield shall provide any and all releases of information to the press and media. Requests for interviews or information submitted to Webster related to Penfield’s use pursuant to this Agreement shall be directed to the Penfield Central School District ‘s Director of Information, Nancy Bradstreet, or the Superintendent of Schools. Penfield will make every effort to recognize the hospitality of Schroeder in any press or media releases pertaining to the re-location and sheltering of students and staff. 8. Compliance. Nothing in this Agreement is intended to conflict with current laws or regulations of the United States, New York State or any local government. If a term of this Agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this Agreement shall remain in full force and effect. In its use of Schroeder, Penfield agrees to comply with all Board policies and procedures of Webster, including but not limited to COVID-19 measures. 9. Insurance. Penfield shall provide Webster with a Liability Insurance Policy, in the amounts of at least $1,000,000 each occurrence/$2,000,000 general aggregate and naming Webster as “Additionally Insured.” 10. Indemnification. Each party agrees to indemnify and hold the other harmless from any claims, losses, personal injuries, death or property damage of any nature whatsoever, including reasonable attorney’s fees, to the maximum amount allowed by law which may arise from or in any way relate to the conduct of its activities and use of such facilities. AND NOW, this 14th day of February 2023, the parties hereby acknowledge the foregoing as the terms and conditions of their understanding.
_____________________________ Name: Thomas Putnam Title: Superintendent of Schools Penfield Central School District
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_____________________________ Name: Brian Neenan Title: Superintendent of Schools Webster Central School District
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