01-030 MOU San Jose State Univ Foundationof-v3~o
MEMORANDUM OF UNDERSTANDING
BETWEEN
SAN JOSE STATE UNIVERSITY FOUNDATION
AND THE CITY OF CUPERTINO
THIS MEMORANDUM OF UNDERSTANDhNG ("MOU"), dated April 2, 2001 ("Effective
Date"), is entered into by SAN JOSE STATE UNIVERSITY FOUNDATION and the CITY OF
CUPERTINO in support of the efforts of the "Collaborative for Disaster Mitigation,"
hereinafter referred to as the Collaborative, a prof ect of the SAN JOSE STATE UNIVERSITY
FOUNDATION.
A. Purpose and Effect
The signing of this MOU expresses the intention of SAN JOSE STATE UNIVERSITY
FOUNDATION and the CITY OF CUPERT [NO to work cooperatively as part of the
Collaborative in the areas described in Section B, Collaborative Mission and Scope of Activities.
Collaborative activities will include regular participation in and active contribution to the Users
Group, the Advisory Council, and other related activities. Both parties agree that separate
agreements regarding specific activities of the Collaborative may be required. However, neither
party will be liable to the other for any breach of the terms hereof, nor for failure to reach any
future agreement or agreements. It is anticipated ghat both parties will benefit from the research,
education, and implementation assistance activities of the Collaborative.
B. Collaborative Mission and Scope of Activities
The Mission of the Collaborative is to reduce th~~ loss of life and property damage due to, and
accelerate economic recovery from, natural and other disasters by working in partnership with
local governments, businesses, academia and non-profits to achieve high levels of practical, cost
effective hazard mitigation implementation and more effective community response.
The Scope of Activities of the Collaborative shall include the following:
1. Optimize risk reduction activities through economies of scale, achieving expedient and cost
effective implementation for individual jurisdictions.
2. Serve as an information clearinghouse that will undertake data collection and timely
dissemination of information.
3. Assess latest technologies, including information technology, for risk reduction, emergency
preparedness and recovery applications. Transfer latest technology by converting ongoing
research results into a usable format.
4. Disseminate information to public/private sector and residents, to increase public awareness.
5. Provide professional development, including academic curricula, seminars, workshops,
training courses and exercises.
Collaborative Disaster Mitigation MOU Page 2
6. Serve as a multidisciplinary resource to local ~ urisdictions, schools and businesses.
7. Provide assistance to, and/or collaborate witri, local/regional jurisdictions in identifying and
obtaining resources for mitigation implement<<tion.
8. Undertake cost benefit analyses and documentation of key mitigation approaches so that
mitigation techniques can be prioritized, incentives can be developed and barriers removed.
9. Develop cost-effective mitigation techniques for abating primary and secondary effects of
disasters.
10. Apply concepts and practices of sustainable development to the disaster mitigation and
recovery process.
Participants representing the CITY OF CUPERTINO will serve as members of the
Collaborative's Users Group, Advisory Council, and other specifically related projects to provide
input and make recommendations on activities co~~templated or undertaken by the Collaborative.
C. MOU General) Considerations
1. Fees or Funding. Any fees or funding in ~~onnection with the activities contemplated by
this MOU will be negotiated separately and are not a requirement of this MOU.
2. No Obligation of Funds. All activities under or pursuant to this MOU are subject to the
availability of appropriated funds, and no provision herein shall be interpreted to require
obligation or payment of funds. This MC>U is not a funding document and does not
represent the obligation or transfer of funds.
3. Definitive Agreements. The execution o f any agreement regarding coordinated or
collaborative activities as described in this MOU, will not act to bind the parties with
respect to any other matters not expressly covered by such agreement. The parties agree that
this MOU is independent of any other contract or agreement between the CITY OF
CUPERTINO and the SAN JOSE STATE UrdIVERSITY FOUNDATION.
4. Confidential Information. Neither party hereto will disclose confidential or proprietary
information received as a result of this MOU except pursuant to an agreement duly executed
by both parties or as a result of a court order or other legal obligation.
5. No Assignment. Neither party shall assign arty rights or obligations arising pursuant to this
MOU to third parties without prior written approval of the other party.
6. Points of Contact. The personnel listed under this section are designated as the principal
points of contact between the parties in the execution of this MOU.
Collaborative Disaster Mitigation MOU
Page 3
Technical Contacts:
Dr. Guna Selvaduray
Director
One Washington Square
College of Engineering
San Jose State University
(408) 924-3478
Mar:;ha Garcia
Emergency Services Coordinator
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3335
7. Duration. The period of this MOU shall be February 1, 2001 through January 30, 2003
unless termination of the MOU occurs in accordance with the provisions of paragraph 8.
Termination. Either party may terminate this MOU before the date provided in paragraph 7,
by written notice to the other party thirty (30) days before the desired date of termination.
The terminating party will not incur any liability to the other party for terminating this MOU.
IN WITNESS WHEREOF, the parties do hereby execute this MOU effective as of the date first
above written.
SAN JOSE STATE UNIVERSITY
FOUNDATION, SAN JOSE, CA
Mary Sidney
Chief Operating Officer
CITY OF CUPERTINO
• (~~ -I.~~A~
David W. Knapp
City Manager