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07-022, Cupertino Medical Center 67-0~~ MEMORANDUM OF UNDERSTANDING BElWEEN THE CITY OF CUPERTINO AND CUPERTINO MEDICAL CENTER This Memorandum of Understanding is entered into by and between the City of Cupertino; hereafter referred to as "The City" and Cupertino Medical Center, a private corporation; hearafter referred to as "CMC". Purpose The purpose of the Memorandum of Understanding is to outline a cooperative working relationship between the City and CMC for the purpose of improving disaster response capabilities for both entities. The Role of the City of Cupertino During emergencies and disasters, the City functions under the Standardized Emergency Management System and National Incident Management System (SEMS/NIMS). Their goal is to manage emergencies and disasters, within the 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 special districts, public, private and non-profit organizations to promote standardized training and coordinate response plans to ensure the best use of available resou'rces. The Role of Cupertino Medical Center CMC is a private corporation conducting business as a community emergency medical clinic located in Cupertino. During disasters, CMC functions under the Standardized Emergency Management System and National Incident Management System (SEMS/NIMS). CMC is responsible for ensuring client and employee safety, by offering adequate training and resources to function independently in the event local first responders are overwhelmed and unable to assist. CMC is a member of the City's Disaster Council and works to coordinate response plans to ensure the best use of available resources. Methods of Cooperation During self-announcing natural disasters, Community Emergency Response Team (CERT), Medical Reserve Corps (MRC) and Ham Radio volunteers will automatically respond to CMC, after they have cared for their homes and neighborhoods. All other disaster responses to CMC must be activated and coordinated by the City Director of Emergency Services (or designee) in coordination with the Medical Director of CMC (or designee). MOU City of Cupertino and Cupertino Medical Center- Page 1 City of Cupertino Agrees to: . . Allocate resources based on priority and availability. . Place a storage container(s) on a mutually agreed upon location at CMC for the purpose of Community Emergency Response. . Purchase and stock mutually agreed upon emergency response supplies for the storage container. . Identify trained citizen volunteers to respond to CMC during earthquakes and to other emergencies (as agreed upon by designated officials of each organization). . Provide photo IDs for all citizen volunteers. . Maintain 24 hour contact information. . Inventory, test and maintain supplies. . Notify CMC of free disaster training opportunities for their staff. . Coordinate CMC and Cupertino MRC disaster response with Santa Clara County Public Health and Human Services. . Provide keys to the container(s) to designated CMC staff. . Conduct on-site disaster drills. . Attempt to provide additional volunteers, upon request -of CMC. . Incorporate CMC's role into the City's Emergency Plan. . Paint and maintain exterior of the container(s). Cupertino Medical Center agrees to: . Encourage staff participation in City's disaster response programs. . Maintain 24 hour contact information. . Provide physician oversight for City Automated External Defibrillator program. . Provide technical expertise to Cupertino MRC. . Participate in, and assist with coordination of, City sponsored emergency exercises. . Allow recognized city volunteers to access the storage container(s) for drills or maintenance, in coordination with CMC. . Keep a record of all CMC representatives who hold a key. . Use City ham radio operators as a communications link to the City. . Incorporate CERT, Medical Reserve Corps and Ham Radio response into existing emergency plans. . Encourage staff to register as volunteers with the City to assist with emergencies not associated with CMC. . Notify Cupertino Office of Emergency .Services of free training opportunities for their City staff and volunteers. · Ensure County provided communications systems are functional and that staff is adequately trained in their use. MOU City of Cupertino and Cupertino Medical Center- Page 2 Cost Recovery Section If a disaster or emergency exists that does not directly affect both parties, the affected party may use all supplies in the container, to support its disaster response, upon approval of the other party. If unable to contact the other party, and after due diligence is made to exhaust all pre-designated means of communication, and life safety is a concern, the parties agree to default toward approval. 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. In the event that a container is "broken" into and the contents stolen or destroyed, each individual party will be responsible for replacement of contents originally belonging to them. In the event that the City declares a local emergency, and obtains a Gubernatorial and/or Presidential declaration, CMC 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 provide technical expertise with this recovery of documented costs. The City shall not be liable for any of the operating expenses of CMC, emergency or otherwise. CMC will pay for its own normal operating expenses. Expenses resulting from the removal or relocation of the storage container(s) shall be the responsibility of the party requesting the action and require a minimum of 30 days written notice to the other party. The City will paint (if needed) and maintain the physical storage container(s) and remove any graffiti. The City will purchase the containers and pay for their initial placement on CMC property. TeRn 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 eighty (180) days in advance. It may be renegotiated at any time at the request of either party. MOU City of Cupertino and Cupertino Medical Center- Page 3 Indemnification The coordination between the City and CMC does not impose any administrative authority or fiscal control by government or its emergency organizations over CMC, its policies or employees; nor does it empower either party to encroach upon, invade, or substitute its local government statutory obligations to plan, prepare for and respond to, disaster situations within its jurisdiction. 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 on CMC property, shall be the responsibility of CMC except for those injuries incurred by City staff or registered City Volunteers when performing approved City activities (ARK maintenance, exercises & disaster activation). City volunteers are Disaster Service Workers and covered by City and/or State Workers Compensation. Amendments Amendments to the terms and conditions of this MOU 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 CMC 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 CMC. 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. MOU City of Cupertino and Cupertino Medical Center- Page 4 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. 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 FAJ<(408) 777-3336 PHONE (408) 777-3335 Cupertino Medical Center 10050 Bubb Rd. Cupertino, CA 95014 FAJ< (408) 996-7465 PHONE (408) 996-8656 In Witness Whereof, the City of Cupertino, and Cupertino Medical Center have executed this MOU on the dates ,indicated below. Entered into agreement by: City of Cupertino SLiw t:~ David Knapp t'C City Manager Attest: 2.2,3 .01- Date cu. pertino Me~i~l~nter ~~ ~.o D. u g Chen Medical Director oaYZ5,#7 MOU City of Cupertino and Cupertino Medical Center- Page 5