12-029 Memorandum of Understanding, Fremont Union High School District (FUHSD), Standardized Emergency Management System (SEMS) / National Incident Management System (NIMS) MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF CUPERTINO
AND
FREMONT UNION HIGH SCHOOL DISTRICT
This Memorandum of Understanding is entered into by and between the City of Cupertino
and Fremont Union High School District; hereafter referred to as "The City" and Fremont
Union High School District, a special district; hereafter referred to as "FUHSD".
Purpose
The purpose of the Memorandum of Understanding is to define a cooperative working
relationship between the City and FUHSD for the purpose of campus evacuation in the
event of an emergency.
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 protect 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 Fremont Union High School District
FUHSD is a special district with school sites located in Cupertino. During emergencies and
disasters, FUHSD 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. Emergency plans
include coordination with the City, Cupertino Union School District, first responders and
others, as identified.
Methods of Cooperation
The City agrees to allow FUHSD immediate access without prior coordination to the
following sites, to the extent it is not in conflict with other local government authorities.
For Cupertino High School:
➢ Creekside Park North fields (Miller Ave @ Creekside Park/Phil Ln)
➢ Calle de Barcelona between Miller Ave and Finch Ave
➢ Finch Ave between Greenwood Dr and.Tilson Ave
➢ Tilson Ave between Finch Ave and Tantau Ave
MOU City of Cupertino and Fremont Union High School District—Page 1
For Monta Vista High School:
➢ Blackberry Farm parking lot (21979 San Fernando Ave @ Byrne Ave)
➢ Byrne Ave
➢ Granada Ave
➢ Hermosa Ave
➢ Lomita Ave
D. Almaden Ave
D. San Fernando Ave
➢ Alcazar Ave
➢ Dolores Ave
➢ Orange Ave between Granada Ave and McClellan Rd
FUHSD agrees to work with the City to develop evacuation, traffic control, communication
and student release plans.
Cost Recovery Section
The City shall not be liable for any of the operating expenses of FUHSD, emergency or
otherwise. FUHSD will pay for its own normal operating expenses. Expenses resulting in
damage to public or private property, directly related to the evacuation of students, shall be
the responsibility of FUHSD. The City will issue damage reports to public property within
90 days of the evacuation.
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
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 on public, private or school property, during evacuations, shall
be the responsibility of FUHSD. The City will manage any injuries incurred by City staff or
registered City Volunteers.
MOU City of Cupertino and Fremont Union High School District—Page 2
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
FUHSD 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 FUHSD. 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.
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
Fremont Union High School District
589 W. Fremont Ave.
Sunnyvale, Ca. 94087
FAX (408) 522-2263
PHONE (408) 522-2256
MOU City of Cupertino and Fremont Union High School District—Page 3
In Witness Whereof, the City of Cupertino, and Fremont Union High School District have
executed this MOU on the dates indicated below.
Entered into agreement by:
City of Cupertino
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David Knapp Date:
City Manager
Fremont Union High School District ,l
(71rVOLVIT Christine Mallery Date:
Chief Business Officer/Associate Superintendent
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MOU City of Cupertino and Fremont Union High School District—Page 4