06-104, Cupertino Union School District
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF CUPERTINO
AND
CUPERTINO UNION SCHOOL DISTRICf
This Memorandum of Understanding is entered into by and between the City of Cupertino;
hereafter referred to as "The City" and Cupertino Union School District, a special district;
hereafter referred to as "CUSD".
Purpose
The purpose of the Memorandum of Understanding is to define a cooperative working
relationship between the City and CUSD for the purpose of storing and maintaining
emergency disaster supplies on school sites. This Memorandum will outline how the City
and CUSD will work cooperatively to improve disaster response capabilities.
The Role of the City of Cupertino
During emergencies and disasters, the City functions under the Standardized Emergency
Management System (SEMS)/National Incident Management System (NIMS). Their goal is
to manage emergencies and disasters, within its city boundaries, and facilitate a rapid
recovery by developing plans, identifying resources and offering training to protects lives,
property and the environment. The City works closely with public, private and non-profit
organizations to promote standardized training and response plans and ensure the best use
of available resources.
The Role of Cupertino Union School District
CUSD is a special district with school sites located in Cupertino. During emergencies and
disasters, CUSD is responsible for managing their campuses, and ensuring student and
employee safety, by offering adequate training and resources to function independently in
the event local first responders are overwhelmed and unable to assist.
Methods of Cooperation
During emergencies and disasters, the City will receive requests for assistance and allocate
resources based on priority and availability. Emergency public information will be provided
through available communications methods which may include amateur radio, telephone,
computer, television, commercial radio and runners.
CUSD will allow the City to place 40' x 8' and/or 20' x 8' metal storage containers on
mutually agreed upon school sites. The City will supply the containers and allow the school
site 33% of the container to store disaster supplies purchased by the school site or CUSD.
The City will purchase additional disaster supplies that will be stored in the remaining 67%
of the container and used for its disaster response.
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CUSD may assist the City response by providing temporary meeting facilities, volunteer
personnel, equipment and disaster response supplies such as those located in their on-site
storage containers. In addition, a representative from CUSD may be asked to sit in the City
Emergency Operations Center (EOC) to assist with disaster coordination.
If a disaster or emergency exists that does not directly affect both parties, the affected party
may use all disaster supplies in the container, to support its disaster response, upon approval
of the other party.
Prior to an emergency or disaster, the City's Office of Emergency Services will periodically
offer disaster training for CUSD staff, students and their parents. In addition, the Office of
Emergency Services will conduct a monthly schools preparedness meeting open to all school
representatives from the District.
This coordination between the City and CUSD does not impose any administrative authority
or fiscal control by government or its emergency organizations over CUSD, its policies or
employees; nor does it empower CUSD to encroach upon, invade, or substitute for local
government statutory obligations to plan, prepare for and respond to, disaster situations
within its jurisdictions.
Cost Recovery Section
The City and CUSD will each maintain their own disaster supplies. CUSD will maintain the
exterior of the storage container and repair any graffiti. In the event that any container, at
any agreed upon site, is "broken" into and the contents stolen or destroyed, each individual
party will be responsible for replacement of said contents. The City will purchase the
containers and pay for their initial placeme!1t on the school sites. Any supplies requested
and used that belong to the other party will be purchased and replaced by the using party at
the conclusion of the emergency or disaster. Any CUSD facilities used by the City for
disaster response will be restored to their pre-use condition. In the event that the City
declares a local emergency, and obtains a Gubernatorial and/or Presidential declaration,
CUSD may be eligible for recovery of documented costs beyond normal operating expenses
as deemed appropriate by administering state and federal agencies. The City Office of
Emergency Services will assist with this recovery of documented costs. The City shall not be
liable for any of the operating expenses of CUSD, emergency or otherwise. CUSD will pay
for its own normal operating expenses. Expenses resulting from the removal or relocation
of the storage container shall be the responsibility of the party requesting the action and
require a minimum of 30 days written notice to the other party.
Term of Memorandum
This Memorandum of Understanding will be in effect as of the date below and shall
remain in full force and effect for five (5) years from that date, and shall be renewed for
additional five-year terms thereafter, upon agreement of both parties. Either party may
terminate the agreement by serving written notice to the other party at least one hundred
MOU City of Cupertino and Cupertino Union School District - Page 2
eighty (180) days in advance. It may be renegotiated at any time at the request of either
party.
Indemnification
The parties agree that all losses or liabilities incurred by either Party as a result of the Party's
performance of its responsibilities under this MOU shall not be shared pro rata but instead
the parties agree that each Party shall indemnify, demand and hold the other harmless from
any claim, expense or cost, damage or liability arising out of, or in connection with, the
performances of its responsibilities pursuant to this MOU.
Liability for injuries incurred at the storage container, on school property, shall be the
responsibility of CUSD. The City will manage any injuries incurred by City staff or
registered City Volunteers.
Amendments
Amendments to the terms and conditions of this MO U shall be effective only upon mutual
agreement in writing by the parties hereto. The City Office of Emergency Services has the
authority on behalf of the City to execute any amendments pertaining to the operational
issues of this agreement.
Independent Contractor
CUSD shall be solely responsible for the acts and omissions of its officers, agents,
employees, contractors, and subcontractors, if any. Nothing herein shall be considered as
creating a partnership or joint venture between this local government and CUSD. No person
performing any of the work or services described hereunder shall be considered an officer,
agent, servant, or employee of a local government, agency, nor shall any such person be
entitled to any benefits available or granted to local government employees.
Other Agreements
This MOU places no restrictions on either party from participation in similar agreements
and/ or activities with other public or private entities.
Insurance
Each party shall maintain it's own insurance coverage, through commercial insurance, self-
insurance or a combination thereof, against any claim, expense, cost, damage or liability
arising out of the performance of its responsibilities pursuant to this MOU.
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Notices
All notices required to be given pursuant this MOU shall be in writing and shall be delivered
in person, delivered by electronic facsimile, or deposited in the United States mail, certified
mail, return receipt requested, addressed to the parties as set forth below:
City of Cupertino
Office of Emergency Services
10300 Torre Ave, Cupertino, CA 95014
FAX (408) 777-3336
PHONE (408) 777-3335
Cupertino Union School District
10301 Vista Drive
Cupertino, CA 95014
FAX (408) 865-0326
PHONE (408) 252-3000 x344
In Witness Whereof, the City of Cupertino, and Cupertino Union School District have
executed this MO U on the dates indicated below.
Entered into agreement l?J:
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Date:
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Date:
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