FOR EMERGENCY SHELTERS, BLOOD DRIVES
AND EDUCATIONAL SERVICES
CHEROKEE COUNTY BOARD OF EDUCATION
THE AMERICAN NATIONAL RED CROSS
Effective Date: January 2007
Licensor: The Cherokee County School System, a unit of the government of the State of Georgia.
Licensor’s Address for Notice: Superintendent of Cherokee County Schools, PO Box 769, Canton, Georgia 30169.
Licensee: The American National Red Cross, a not-for profit corporation under the laws of the United States.
Licensee’s Address for Notice: The American Red Cross Metropolitan Atlanta Chapter, 1955 Monroe Drive NE, Atlanta, GA 30324 and American Red Cross, Southern Blood Region, 1925 Monroe Drive, NE, Atlanta, GA 30324-4888, with a copy to The American National Red Cross, Disaster Operations, 2025 E Street, N.W., Washington, D.C. 20006; and with a copy to The American National Red Cross, Office of the General Counsel, 2025 E Street, N.W., Washington, D.C. 20006.
Names of Shelter Facilities: See Schedule A.
Addresses of Shelter Facilities: See Schedule A.
TERMS AND CONDITIONS
This Agreement for Emergency Shelters, Blood Drives and Educational Services (“Agreement”) is made as of the Effective Date. Licensee is a corporation under Federal law, 36 U.S.C. §§ 300101-300111 (1998), and an instrumentality of the United States. Licensee is required by federal law to perform disaster relief activities and to carry out certain other activities. Licensor’s mission is to enable all students to become contributing citizens who can communicate effectively, gather and use information, make responsible decisions and adapt to the challenges of the future. One of the Licensor’s Major System Priorities is to increase parental and community involvement through public agreements, policies and practices that treat parents, businesses, community-based
organizations and agencies, local institutions of higher learning and other public entities as true partners in the educational process. The parties hereto mutually desire to reach an
agreement that will result in a working relationship between Licensee and Licensor on matters vital to the community.
Part One: Disaster Services.
1. License for Shelter Use in Emergency Conditions.
Licensor grants to Licensee a revocable license to use certain of Licensor’s physical facilities (principally, school buildings and administrative offices) as emergency shelters on the terms and conditions set forth in this Part One.
(a) Licensor’s Obligations.
(1) Designated Facilities: Licensee has identified certain facilities owned or operated by the Licensor which either in whole or in part meet the requirements of the Licensee to serve as public shelters, recreational and staging areas, or for other purposes in connection with hurricane and disaster relief operations (referred to as “Shelters”). These Shelters are listed on Schedule A of this Agreement. Only areas that meet the requirements of the Licensee may be utilized during disaster relief operations. Upon request by the Licensee, Licensor may open some or all of the Shelters for use as public shelters, recreational and staging areas, or for other purposes in connection with disaster relief operations after meeting its responsibilities to students and employees.
(2) Shelter Coordinator: Licensor may designate the principal/worksite location supervisor to serve as Shelter Coordinator to coordinate disaster operations with the Licensee’s Shelter Manager. The Shelter Coordinator may to the extent that is practicable remain in communication at all times with the Shelter Manager, a Red Cross representative who will have primary responsibility for the operation of the Shelter, and make all reasonable efforts to be present at the Shelter when requested by the Shelter Manager. The Shelter Coordinator may facilitate communication and the resolution of questions regarding Shelter operations between the Licensor or its agent and the Shelter Manager. The Shelter Coordinator may, to the extent that is practicable with the support
of appropriate School District personnel:
(A) Open the Shelter. Upon notification by the Licensor, the Shelter Coordinator may open the applicable portions of the Shelter for Licensee’s use.
(B) Conduct a Pre-Inspection Survey. The Shelter Coordinator and the Shelter Manager shall perform a pre-inspection survey of the Shelter in advance of opening the Shelter to identify and record any equipment or special property that is being used for Shelter clients. The form to be used for this pre-inspection survey is attached as Attachment A. The Shelter Coordinator may place in locked storage all equipment, especially video cameras, televisions, and other similar equipment, that will not be used by the Licensee in the operation of the Shelter.
(C) Notify Foodservice Manager and Custodian. If Shelter Manager intends to use the food services of the Shelter, if available, the Shelter Coordinator may, on request and if feasible, designate a Foodservice Manager to establish a feeding schedule and determine foodservice inventory and supply needs after meeting its responsibilities to students and employees. The Shelter Coordinator may, on request and if feasible, designate a Shelter Custodian, if one is at the Shelter, to establish and direct the sanitation inventory and supply needs, and coordinate a work schedule for
said personnel with the Shelter Manager for the duration of the Shelter operation after meeting its responsibilities to students and employees. If it is not feasible for one or both of a Foodservice Manager or a Facility Custodian to be designated by the Facility Coordinator, the Facility Coordinator will inform the Shelter Manager, who may obtain such services by contract.
(D) Food and Supplies Needed for Meals: At the direction of and in cooperation with the Shelter Manager, the Shelter Foodservice Manager may, if feasible, provide the food and supplies needed for meals at the Shelter site. If it is not feasible for the Foodservice Manager to provide the food or supplies needed, the Shelter Manager shall coordinate the procurement of the food or supplies. Licensee shall pay for all food and supplies provided by the Licensor for use at the Shelter.
(E) Sanitation Supplies: The Shelter Custodian may if feasible, provide sanitation services and supplies for custodial care at the Shelter as directed by the Shelter Manager after meeting its responsibilities to students and employees. The Shelter Coordinator or Shelter Custodian may, if feasible, order and provide all additional sanitation, custodial supplies and services as shall be determined by the Shelter Manager after meeting its responsibilities to students and employees. Licensee shall pay for all additional sanitation and custodial supplies provided by the Licensor for use at the Shelter.
(3) Confidential Information. Except as otherwise provided by State Law All information concerning clients of a Shelter shall be kept strictly confidential. Licensor shall not distribute or reveal any such information without the express written consent of the Shelter Manager.
(4) Media. The Shelter population shall be exclusively the role of the Licensee. Except as may be required by State Law Licensor shall not distribute or reveal any information concerning occupants of the Shelter without the express written consent of the Shelter Manager. No press releases regarding the occupants shall be disseminated without the express written consent of the Shelter Manager. Licensor shall refer all media questions related to the Shelter to the Shelter Manager. Licensee acknowledges Licensor is subject to the Georgia Open Records Act and understands that Licensor will comply with same.
(5) Reports and Invoices. Within sixty (60) days after the close of a Shelter, the Shelter Coordinator shall submit to the Licensee all invoices, including a list of the Shelter personnel and hours worked for each personnel, and all Shelter equipment, materials and food used by or at the request of the Licensee at the Shelter. This shall include all consumable inventories used by or at the request of the Shelter Manager.
(b) Licensee’s Obligations.
(1) Staffing. Licensee shall appoint a Shelter Manager who shall have primary responsibility for the operation of the Shelter. Licensee shall provide additional Licensee staff and volunteers to carry out the activities of the Shelter.
(2) Signs. Licensee shall post signs identifying the Shelter. All such signs shall be removed when the Shelter is closed.
(3) Reasonable Care. Licensee and all of its agents, and employees, and volunteers shall exercise reasonable care in the operation of any Shelter. Licensee will make no adaptations/changes to the building or grounds without advance approval from the Shelter Coordinator. Examples of adaptations/changes include but are not limited to the following: modifications to electrical systems, lighting, sound systems, etc., even when considered temporary in nature, and/or the use or storage of chemicals or other hazardous materials.
(4) Costs and Expenses.
(A) Licensee shall reimburse Licensor for the reasonable actual out-of-pocket costs and expenses for operational expenses, including the replacement of food and supplies. Equipment and property lost, damaged or stolen due to the negligence of the Licensee will be compensated based on replacement value. Licensee accepts the building or grounds in good order and repair, and agrees to return it to the Licensor in the same condition (normal wear and tear excepted).
(B) Damage to the Shelter. Storm damage or other damage caused by the Emergency shall not be the responsibility of Licensee. Licensee shall reimburse Licensor for the costs and expenses to repair property damage to the Shelter arising from its use. Such reimbursement for any extraordinary or capital expenses (including without limitation painting, carpeting, wiring, and structural work) shall be limited to replacement value of the property and conditioned upon the selection by the Licensee from among three bids work having been obtained from at least three reputable
(C) Personnel costs shall be paid by the Licensee at actual current per hour straight time rate for instruction, custodial, maintenance, and food service including any applicable overtime remuneration and FICA expenses. The Licensee is not responsible for police or public safety at the Shelter. Any private security services that are to be the responsibility of the Licensee must be arranged under separate agreement. The Licensee shall not be responsible for the personnel costs or any other direct costs that the Licensor would have incurred under normal circumstances, whether or not the facility was being used as a Shelter.
(4) Closing the Shelter: Licensee shall notify the Licensor or Shelter Coordinator of the closing schedule for the Shelter.
(5) Post-Operation Survey: After the Shelter has been closed, the Shelter Coordinator and the Shelter Manager shall conduct a post-disaster facilities survey to ensure that the Shelter is returned to the Licensor in the same condition as it was when it was opened, ordinary wear and tear excepted. The form to be used for this post-operation survey is attached as Attachment B.
(6) Insurance: During the term of this Agreement, licensee shall maintain commercial general liability insurance ,automobile insurance with individual limits of not less than one million dollars, with the licensor listed as an Additional Insured and workers compensation insurance/employee liability insurance at the statutory minimum.
Part Two — Educational Services
Licensor agrees to promote Licensee’s educational programs through Licensor’s existing communication channels. Licensor agrees to provide a sponsor at each school site to serve as the link between the Licensee and the teachers, administrators and students in the school. The sponsor will encourage and enable students to participate in a variety of volunteer opportunities that promote community service learning. Licensee shall accept all children/interested participants for participation within its educational programs without regard to their gender, race, political affiliation, age, national origin or handicapping conditions. Licensee must adhere to all local, State or Federal laws regarding education. Licensee reserves the right to charge user fees for its educational programs.
Part Three — Blood Services
1. Licensor Obligations.
(a) Licensor agrees to promote blood donations by taking the following steps:
(1) Actively encourage each elementary and middle school in the county to host a PTA sponsored week day blood drive at least twice a year with a minimum goal of 49 collected units.
(2) Actively encourage each high school in the county to host at least two student affiliated club sponsored weekday blood drives per school year.
(3) Consider conducting at least two blood drives per year at the Transportation Department for county employees.
(b) Licensor agrees to adhere to the following guidelines for hosting blood drives:
(1) Each elementary and middle school shall allow the Licensee at least one assembly/classroom presentation per year to educate the students about blood donation.
(2) For each blood drive, Licensor shall appoint a Blood Drive Coordinator (“BDC”)
(3) One hour prior to the start time of the blood drive, each school will provide either a gymnasium or cafeteria area cleaned and cleared for the blood drive site.
(4) Initial blood drive dates should be scheduled at least 14 weeks in advance. After the school is on the program for a year, blood drives will be scheduled and confirmed at the end of one school year for the following school year.
2. Licensee Obligations.
(a) Licensee shall provide a professional Donor Recruiter to act as the liaison between Licensee and the entity sponsoring a blood drive.
(b) Licensee shall provide age specific promotional materials targeting:
(c) Licensee shall provide a Donor Recruiter to educate BDCs and their recruitment committees of the importance of blood. This includes but is not limited to providing blood recipient testimonial, blood donor eligibility guidelines, and general blood education.
(d) Provide a Donor Recruiter to supplement blood education curriculum for students through the following outreach activities:
For elementary/middle schools: an assembly/classroom presentation
For high schools: a student-affiliated club kick off meeting
(e) Donor Recruiter shall educate BDCs about the importance of scheduling donors and provide schedule.
(f) Licensee shall provide supplemental communication pieces and/or banners to promote the drive within community.
(g) On the day of the drive, Licensee shall provide tables, chairs, pipe, and drape where necessary and handle any and all clean-up/waste disposal/sanitation/disinfection/hazard waste disposal pursuant to Licensor guidelines in this regard.
(h) Licensee shall provide the following donor recognition gifts:
For elementary/middle schools: Each student recruiter will receive an age appropriate gift and certificate of appreciation.
For high schools: For committing to two blood drives per year, the school will be added to the Blood Tour program. At the second drive each participant will receive a Blood Tour t-shirt. At the third drive (where applicable) participants will receive an additional recognition gift.
(i) Licensee shall provide follow up information to BDC (such as a “thank you” list of blood donors for school recognition).
(j) Donor Recruiter and BDC will give and receive feedback as to the drive’s success and ways to improve.
Part Four — General Terms and Conditions
1. Term and Termination.
The initial term of this Agreement is one year. This Agreement shall automatically renew for additional successive one-year terms unless either party notifies the other at least 30 days prior to renewal date. This Agreement may be terminated by either party upon thirty (30) days written notice to the other party with or without cause.
2. No Amendment.
This Agreement may not be amended except in a written instrument signed by both parties.