BACKGROUND A. The Crown, acting through the Secretary for Education, is the owner of the School Site described in the title to this Memorandum.
B. The Board and the DHB will, so far as it is reasonable, comply with this Memorandum on an ongoing basis, and will use their best endeavours to obtain all necessary funding and authorities to undertake their respective obligations.
C. The Board and the DHB have entered into this Memorandum for the better understanding of the use of a Level 1 Mobile Dental Unit by the DHB on the School Site.
D. The parties agree to operate in good faith, and wish to record their intentions in this Memorandum although this Memorandum has no legal effect.
THE SCHOOL AND THE CDHB UNDERSTAND AS FOLLOWS:
TERM OF MEMORANDUM
This Memorandum applies only to the supply of a Level 1 Mobile Dental Unit occupying a space on the school car park. It does not apply to Mobile Dental Units that are intended to operate from a pad provided exclusively for placement of the Mobile Clinic.
Except as may be decided on a national basis by the Ministers of Education and Health, this Memorandum shall apply until a change to the terms of this Memorandum is agreed by the Board and DHB.
The parties are satisfied that:
the portion of the School Site where the Level 1 Mobile Dental Unit is to be parked is not needed or used for the purposes of the School during the periods occupied by the Level 1 Mobile Dental Unit;
If the Board wishes to relocate the Level 1 Mobile Dental Unit within the School Site, any relocation of utilities will be at the Board’s own cost and made to the DHB’s specification.
If the Board no longer wishes the Level 1 Mobile Dental Unit to operate on the School Site, or the DHB no longer requires the use of the School Site for the Level 1 Mobile Dental Unit, this Memorandum may be terminated on 1 year’s written notice.
This Memorandum shall otherwise remain in force until both parties agree to terminate this Memorandum.
Note this clause makes the MoU evergreen - meaning that unless one party terminates, the obligation stands. If the parties do not agree to evergreen agreement, this clause can be modified to have an affirmation to renew - This affirmation can be every 5 years.
OBLIGATIONS OF THE SCHOOL
The Board will, at its own cost in respect of the Level 1 Mobile Dental Unit on the School Site, do the following:
Provide any water, electrical and waste discharge utilities to the DHB’s specification;
Ensure any water, electrical and waste discharge utilities continue to comply with the DHB’s specification;
Grant DHB staff access to the School Site and facilities in accordance with Schedule A, providing the Level 1 Mobile Dental Unit is used for provision of Community Dental Services;
Grant DHB staff access to the School Site providing those staff have satisfied the Board’s access requirements; and
Take all reasonable steps to keep the Level 1 Mobile Dental Unit secure while it is on the School’s premises.
OBLIGATIONS OF THE DHB
The DHB, in respect of the Level 1 Mobile Dental Unit on the School premises, will:
Reimburse the Board for the actual costs of installation, testing and maintenance of any electrical, water and waste discharge utilities required to meet the DHB’s specifications (evidence of actual costs to be provided by the Board to the DHB, if requested);
Access the Level 1 Mobile Dental Unit only during core school days or other days as may be agreed between the Board and the DHB, and in accordance with Schedule A;
Pay the Board an agreed sum for use of water, electricity, telephones and other utilities or services used or consumed based on the rate of usage on the site, or where not agreed a fair proportion of such charges;
Insure the Level 1 Mobile Dental Unit and any equipment or other materials owned by the DHB stored in the Level 1 Mobile Dental Unit; and
Abide by any requests by the Board to carry out police vetting for any DHB representatives entering the School premises.
Apart from the respective obligations of the Board and the DHB, no other consideration shall be required or levied in respect of the Level 1 Mobile Dental Unit by either the Board or the DHB.
Any dispute that arises between the Board and the DHB in respect of the Level 1 Mobile Dental Unit shall be resolved by the Board and the DHB. If they fail to resolve the dispute then the matter must be referred to the Ministry of Education and Ministry of Health. The Board and the DHB will comply with the direction of both Ministries.
THIS MEMORANDUM WAS SIGNED BY THE SCHOOL BOARD OF TRUSTEES AND THE DHB on __ / __ / __
SIGNED ON BEHALF OF THE BOARD OF TRUSTEES OF [ ] SCHOOL
Access to the site shall be [put in applicable circumstances eg through the School reception area, only through entrance etc]
Patients waiting for an appointment shall wait [advise waiting area].
No one shall be permitted access to the site when it is not in attendance by the dental health therapist, unless previously agreed by the Board and DHB.
Patients waiting for an appointment shall be the responsibility of the DHB.
The School staff [shall/shall not] be responsible for answering telephone calls where the telephone service is shared with the Level 1 Mobile Dental Unit and the dental health therapist is not in attendance.
The School staff [shall/shall not] supervise patients arriving at the Level 1 Mobile Dental Unit outside of clinic hours.
The DHB shall supervise the behaviour of patients waiting in the waiting area and ensure that any behaviour that could be considered dangerous, such as running or rough play, is not permitted.
The DHB will ensure the Level 1 Mobile Dental Unit is kept secure when not in attendance by the dental health therapist.
Both parties shall ensure a list with an emergency contact for anything connected with the Community Dental Service is available in the Level 1 Mobile Dental Unit and School reception area.
The DHB shall be responsible for its own first aid kit which should be located in the Level 1 Mobile Dental Unit. The dental health therapist is responsible for any first aid matters while patients are waiting or under their service.
The DHB shall ensure patients and visitors to the Level 1 Mobile Dental Unit coming by motor vehicle use only the parking being part of the site or otherwise designated for use in connection with the Community Dental Service, and do not cause any unreasonable obstructions on the School Site and if there is insufficient parking on the site, shall ensure visitors park off the School Site.
The Community Dental Service may use the ablution facilities located [insert details]
The Community Dental Service may access the Level 1 Mobile Dental Unit only during core school days or other days as may be agreed between the Board and the DHB, as follows: [list times]
This policy is to apply both during and outside of School hours [list hours].
27 July 2009 Memorandum of Understanding Level 1 Mobile Dental Unit