13-004 - Seattle King County Public Health - Memorandum of Understanding for Tukwila Community Center Use in Disaster

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Attachment 1 Contract # 2006NM005 Regional Disaster Plan for Public and Private Organizations in King County, Washington Article XVIII- NON - EXCLUSIVENESS AND PRIOR AGREEMENTS. This Agreement shall not supercede any existing mutual aid agreement or agreements between two or more governmental agencies, and as to assistance requested by a party to such mutual aid agreement within the scope of the mutual aid agreement, such assistance shall be governed by the terms of the mutual aid agreement and not by this Agreement. This Agreement shall, however, apply to all requests for assistance beyond the scope of any mutual aid agreement or agreements in place prior to the event. Article XIX - GOVERNMENTAL AUTHORITY. This Agreement is subject to laws, rules, regulations, orders, and other requirements, now or hereafter in effect, of all governmental authorities having jurisdiction over the emergencies covered by this Omnibus Agreement, the Subscribing Organization or either of them. Article XX - NO DEDICATION OF FACILITIES. No undertaking by one Subscribing Organization to the other Subscribing Organizations under any provision of this Omnibus Agreement shall constitute a dedication of the facilities or assets of such Subscribing Organization, or any portion thereof, to the public or to the other Subscribing Organization. Nothing in this Omnibus Agreement shall be construed to give a Subscribing Organization any right of ownership, possession, use or control of the facilities or assets of the other Subscribing Organization. Article XXI - NO PARTNERSHIP. This Omnibus Agreement shall not be interpreted or construed to create an association, joint venture or partnership among the Subscribing Organizations or to impose any partnership obligation or liability upon any Subscribing Organization. Further, no Subscribing Organization shall have any undertaking for or on behalf of, or to act as or be an agent or representative of, or to otherwise bind any other Subscribing Organization. Article XXII - NO THIRD PARTY BENEFICIARY. Nothing in this Omnibus Agreement shall be construed to create any rights in or duties to any Third Party, nor any liability to or standard of care with reference to any Third Party. This Agreement shall not confer any right, or remedy upon any person other than the Subscribing Organizations. This Omnibus Agreement shall not release or discharge any obligation or liability of any Third Party to any Subscribing Organizations. The Basic Plan, OMNIBUS LEGAL AND FINANCIAL AGREEMENT Page 11 Version: 03 -31 -04 (Printed 04/07/04)