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86-113 American Red Cross, Resolution No 6759, Memorandum of Understanding between The Santa Clara Valley Chapter of the American Red Cross ' ( . Cite of Cupertino 10300 Torre Avenue P.O. Box 580 Cupertino,California 95014 Cupertino,California 95015 Telephone: (408)252-4505 November 13, 1990 Rex C. Painter, Director of Emergency Services American Red Cross Santa Clara Valley Chapter 333 McKendrie Street San Jose, CA 95110 NUCRANWM OF UNDERSTANDING Dear Mr. Painter: We are enclosing to you for your files one (1) bogy of the Agreement by and between the City of Cupertino arra the Santa Clara Valley Chapter of the American Red Cross, which has been fully executed by City Officials, along with one (1) certified copy of Resolution No. 8259, which was enacted by the City Council of the City of Cupertino, at their regular meeting of Monday, November 5, 1990. • We appreciate your cooperation. Sincerely, DOROTHY CORNELIUSS 'D ' CITY CLERK CITY OF CIJPERTINO DC/so encl. cc: Don Brown, City Manager A . RESOLUTION NO. 8259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CJPERTINO AUTHORIZING ECECUTION OF MEMORANDUM OF UNDERSTANDING BEIWEEN THE SANTA CLARA VALLEY CHAPTER OF THE AMERICAN RED CROSS AND THE CITY OF CUPERPINO WHEREAS, a Memorandum of Understanding between the City of Cupertino and the Santa Clara Valley Chapter of the American Red Cross establishing and setting forth the Disaster relief roles of the two entities for coordinated activities before and after a disaster has been presented to the City Council; arra said agreement having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th_ day of November , 1990 by the following vote: Vote Members of the City Council AYES: Goldman, Koppel, Sorensen, Szabo, Rogers NOES: None ABSENT: None • ABSTAIN: None APPROVED: /s/ Barbara A. Rogers Mayor, City of Cupertino ATTEST: /S/ Dorothy CorneliusINSTRUMENT- THIS iS TO CERTIFY THAT THE WITHIN INSTRUMENT-IS ATRUE AND CORRECT COPY City Clerk OF THE ❑RIDINAL-DN FILE IN_THIS OFFICE. ATTEET,y. ' ��1__ • . 19�d CITY CL_" • OF THE-CITY DF CUPERTINO WI Y CLFOK ♦t • American Red Cross Santa Clara Valley Chapter 333 MoKendrie Street San Jose, California 95110 (408)292-6242 October 1, 1990 To: Mr. Don Brown D 11 © L5 °ME DI) City Manager VV IS City of Cupertino OCT 31990 Subject: Memorandum of Understanding Dear Mr. Brown: Currently there exists a Memorandum of Understanding between the City of Cupertino and the Santa Clara Valley Chapter of the American Red Cross. The purpose of this document is to establish and set forth disaster relief roles of the two entities for coordinated activities before and after a disaster., A new document is attached for your review and processing through the proper channels for official signatures. This new document contains some minor rewording that clarify several points. The areas of rewording are in the following: first, page 4, item VI, Section A , line 4. The second change is in regards to item VII. The intent of the item now is to allow an "automatic" roll-over of the agreement on a four-year basis. Either party still may request discontinuance by the written notice methodology. Please obtain the proper signatures and return the original to this office. Thank you for your assistance in this matter. We have enjoyed a positive relationship with the City and look forward to a continuance of that relationship. Sincerely, Rex C. Painter - Director: Emergency Services cc: H. Hall D. Stone File 7 • il% J East San Jose Branch: (408) 272-0964; A United Way Agency Los Gatos-Saratoga Branch: (408)354-6086; South County Branch,Gilroy: (408)842-4414 MEMORANDUM OF UNDERSTANDING BETWEEN THE SANTA CLARA VALLEY CHAPTER OF THE AMERICAN RED CROSS AND The City of Cupertino. California ( "City" herein) I. PREAMBLE: The Santa Clara Valley Chapter of the American Red Cross, (herein known as Red Cross) , and the City's responsibilities in a disaster have a close relationship. Coordination and cooperation between the two entities is essential to an efficient disaster operation. While this unified action requirement denotes coordination between government and the Red Cross this agreement does not impose any administrative authority or fiscal control by government or its emergency organizations over the Red Cross organization, its policies, volunteers or employees; nor, does it empower Red Cross to encroach upon, invade, or substitute for the City's statutory obligations to plan, prepare for and respond to, disaster situations within its jurisdiction. II. PURPOSE: A. The purpose of this Memorandum of Understanding is to clarify the respective roles and responsibilities of the Red Cross and the City. B. To provide for coordinated planning and delivery of emergency services. III. LEGAL BASIS: A. The Red Cross derives its responsibilities from Public Law 4 (33 Stats. 599) . B. The City derives its responsibilities from the California Emergency Services Act, the California Master Mutual Aid Agreement, City Charter and Municipal Code. IV. THE ROLE OF RED CROSS: The Red Cross may provide and finance certain services to meet human needs in the event of a disaster. Specifically, these sertices, extended on a grant basis, are listed and explained in paragraphs A and B below. A. In disasters, other than those so designated by the President, the services shall consist of: 1. Emergency Congregate Care (frequently termed Mass Care) which includes the: 1 • • a. Provision of emergency lodging for disaster victims in those public or private buildings which may be available for congregate care occupancy. b. Provision of food and clothing for persons in emergency congregate care facilities. c. Provision of food for disaster workers if normal commercial feeding facilities are not available. d. Provision of welfare inquiry service. e. Provision of blood and blood derivatives to hospitals and clinics for treatment of persons ill or injured as a result of a disaster. f. Provision of first aid care in red cross shelters and operational facilities. 2. Emergency Individual Assistance, which is given on the basis of uniform guidelines and procedures to individuals and families having urgent and verified disaster-caused needs, and which may include: a. Food and clothing for disaster victims on an individual basis. b. Temporary housing and other basic necesssities. c. Minor emergency home repairs essential to making home habitable. d. Essential items of household furnishings such as bedding, towels, linens, table and chairs, repair/replacement of stoves, refrigerators, washing machines, and mattresses, springs and bed frames. e. Emergency medical assistance, such as replacement of eyeglasses, dentures, prescriptions, etc. f. Essential occupational supplies and equipment. 3 . Additional assistance, which is given after the emergency period, is based on individual application and is designed to help families or individuals effect part or all of their recovery when they lack sufficient resources (which include the ability to borrow from commercial or government agencies or arrange credit buying) . This program, based on need, not loss, may include the following types of assistance: a. Food, clothing and maintenance. 2 b. Construction, purchase or repair of owner-occupied homes. c. Extended medical and nursing care. d. Household furnishings. e. Occupational supplies and equipment. B. In major disasters receiving a Presidential declaration Red Cross programs may be modified according to the availability of certain government benefits. The potential modifications are as follows: 1 . During the emergency phase the federal disaster programs of food stamps, unemployment insurance, mini-home repairs, short-term rental and mortgage may be rapidly available, reducing to some extent the need for all Red Cross emergency assistance described in paragraph A.2 above. 2. During the long-range recovery phase, the additional needs of disaster victims, described in paragraph A.3 ,may be met by state and federal disaster assistance programs provided by the Disaster Relief Act of 1974 (Public Law 93-288) . The Red Cross may give or augment additional assistance only when a victim's total recovery needs cannot be met through the combined resources of state and federal assistance programs. V. THE ROLE OF THE CITY: The City has inherent and statutory authority by reason of its emergency ordinances and plans to direct activities as to all emergency situations within its jurisdiction. The more important of these activities are listed below. A. Dissemination of warnings. B. Designation of dangerous areas. C. Ordered evacuation of dangerous areas. D. Law enforcement. E. Fire suppression. F. Light and heavy rescue operations. G. Safeguards to public health and sanitation. H. Identification and disposition of the dead, including the operation of temporary morgues. I. Institutional care for the sick, aged and orphaned. 3 • J. Repair and restoration of public facilities and buildings. K. Debris removal from public property. L. Salvage of unclaimed property. M. Evaluation and/or demolition of unsafe structures. N. Arrangements with state and federal agencies for assistance under government relief programs. VI. COORDINATION OF EMERGENCY SERVICES PLANNING AND DELIVERY: A. The City 1. The Red Cross is incorporated into the City's disaster plans and their employees and volunteers are considered Disaster Service Workers, when properly registered under state law, and thus become eligible for workers compensation benefits authorized by the California Emergency Services Act. 2. The City shall advise Red Cross of health and welfare activities undertaken by the City. 3 . The City shall not make any commitments for the Red Cross. 4. The City will cooperate and provide resources to the Red Cross when requested and able. 5. The City may have its employees trained by the Red Cross . as disaster workers. B. The Red Cross 1. The selection of shelter sites shall be a joint City/Red Cross decision. The principal concerns are location, relationship to potential hazards and emergency operations, and culpability of the potential shelter site for Red Cross operations. In no event, however, shall either party be obligated to expend funds to acquire or use such shelter sites without its consent. 2 . The Red Cross shall cooperate with the City's emergency operations and shall provide resources and assistance when requested and able. The City recognizes that the Red Cross may have the need to assess damage and may require access to controlled areas. The City shall have the overall authority to restrict access to certain areas and will coordinate access to those areas in all circumstances. 3 . The Red Cross response to disasters does not require a declaration of any type. Therefore, Red Cross chapters 4 � M will act in numerous situations which constituted government may not consider sufficiently severe to justify proclaiming theexistence of a disaster. When minor disasters occur wherein only a few families are affected and the local chapter cannot finance relief costs, the National organization will provide funding for relief assistance, as it may authorize. 4. The Red Cross recognizes its responsibility to coordinate emergency health and welfare services offered by various volunteer and charitable organizations during declared disasters. 5. The City and the Red Cross shall share property damage assessment information. 6. The Red Cross shall appoint, if at all possible, liaison officer(s) to perform planning prior to emergencies and actual liaison during emergencies. It is anticipated that the liaison would be located at the City's EOC during emergencies. • VII. TERM OF MEMORANDUM this memorandum of understanding shall remain in full force and effect for four (4) years after the date of its complete execution, and shall be automatically renewed for additional four (4) year terms thereafter, unless either party provides written notice of nonrenewal to the other party at least ninety (90) days in advance of any renewal date. This memorandum may be terminated by either party when delivery to the other party of a written statement of intent to terminate, at least ninety (90) days in advance of the termination date. VIII. INDEMNIFICATION Each party shall be solely responsible for the negligent acts or omissions of its agents, employees, and officers, and shall indemnify and hold harmless the other party from all such negligent acts or ommissions. 5 - . In witness whereof, the governing body of the City has caused this agreement to be executed by an officer of the governing body, and the Red Cross has caused this agreement to be executed by the Chairman of its Board of Directors or Chief Executive Officer. Said agreement to become effective and operative upon the affixing of the last signature hereto. AP 7".401 ' / ` - o Scott Ren.er, CEO Da e Santa Clara Valley Chapter American Red Cross Approved as tf it,.‘0__ Signature Date CITY ATTORNEY Title ,410 �/�' AV ature Date MAYOR, CITY OF CUPERTINO Title i;) S gnature Date 4104— CITY CLERK, CITY OF CUPERTINO • ^ 1 Title . 6 . �: Citi4 of Cupertino ino 10300 Torre Avenue P.O. Box 580 Cupertino,California 95014 • Cupertino,California 95015 Telephone: (408) 252-4505 OFFICE OF THE CITY CLERK February 24, 1986 Mr. Rex Painter Director of Diaster Services Santa Clara County ValIcy Chr_pter of the American Red Cross 333 McKendrie San Jose, CA 95110 , MEMORANDUM OF UNDERSTANDING - DISASTER OPERATIONS, RESOLUTION 6759 . We are enclosing to you for execution (3) copies of the Memorandum of Understanding by and between the City of Cupertino and the Santa Clara Valley Chapter of the American Red Cross and (3) copies of Resolution No. 6759, which was enacted by the City Council of the City of Cupertino at their regular meeting of February 3, 1986. Please return all documents after execution and a fully certified copy will then be mailed to you for your files. Sincerely, 47 ,,'---5-- 4 .,,,, z---,r_c_e,„- Dorothy Cos City Clerk City of Cupertino DC:afv encl. cc: Assistant to the City Manager • • • • • RESOLUTION NO. 6759 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT WITH AMERICAN RED CROSS FOR DELIVERY OF EMERGENCY SERVICES • WHEREAS, a Memorandum of Understanding between the City of Cupertino and The Santa Clara Valley Chapter of the American Red Cross outlining the terms and conditions of the delivery of emergency serviras to the City of Cupertino, has been presented to the City Council; and said Memorandum of • Understanding having been approved ' by 'the City Manager and the City . Attorney; r • NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are hereby authorized to execute' the Memorandum of Understanding herein referred to in behalf of the City of Cupertino. PASSED AND ADOP1EU at a regular meeting of the City Council of the City of Cupertino this 3rd day of February , 1986 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Sparks, Rogers NOES: None • ABSENT: None • ABSTAIN: None APPROVED: /s/Barbara A. Rogers Mayor, City of Cupertino ATTEST: • /s/Dorothy Cornelius • City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN THE SANTA CLARA VALLEY CHAPTER of the AMERICAN RED CROSS AND CITY OF CUPERTINO ("City" herein) I. PREAMBLE: The Santa Clara Valley Chapter of the American Red Cross, (herein known as Red Cross), and the City's responsibilities in a disaster have a'close relationship..Coordination and cooperation is essential to efficient disaster operations. This unified action requirement denotes coordination between government and the Red Cross but this agreement does not impose any administrative authority or fiscal control by government or its emergency organizations over the Red Cross organization, its policies, volunteers or employees; nor, does it empower Red Cross to encroach upon, invade, or substitute for the City's statutory obligations to plan, prepare for and respond to, disaster situations within its jurisdiction. - II. PURPOSE: A. .The purpose of this Memorandum of Understanding is to clarify the respective roles and responsibilities of the Red Cross and the City. B. To provide for coordinated planning and delivery of emergency services. III. LEGAL BASIS: A. The Red Cross derives its responsibilities from Public Law 4 (33 Stats. 599). B. The City derives its responsibilities from the California Emergency Services Act, the California Master Mutual Aid Agreement, City Charter and Municipal Code. IV. TI-E ROLE OF Red Cross: The Red Cross may provide and finance certain services to meet human needs in the event of a disaster. Specifically, these services, extended on a grant basis, are listed and explained in paragraphs A and B below. A. In disasters, other than those so designated by the President, the services shall consist of: I • RED CROSS AND CITY MOU —DRAFT 1-16-85 Emergency Congregate Care (frequently termed Mass Care) which includes the: a. Provision of emergency lodging for disaster victims in those public or private buildings which may be available for congregate care occupancy. b. Provision of food and clothing for persons in emergency congregate care facilities. c. Provision of food for disaster workers if normal commercial feeding facilities are not available. d. Provision of welfare inquiry service. e. Provision of blood and blood derivatives to hospitals and clinics for treatment of persons ill or injured as a result of a disaster. f. Provision of first aid care in Red Cross shelters and operational facilities. 2. Emergency Individual Assistance, which is given on the basis of uniform guidelines and procedures to individuals and families having urgent and verified disaster-caused needs, and which may include: a. Food and clothing for disaster victims on an individual basis. b. Temporary housing and other basic necessities. c. Minor emergency home repairs essential to making home habitable. d. Essential items of household furnishings such as bedding, towels, linens, table and chairs, repair/replacement of stoves, refrigerators, washing machines, and mattresses, springs and bed frames. e. Emergency medical assistance, such as replacement of eyeglasses, dentures, prescriptions, etc. - f. Essential occupational supplies and equipment. 3. Additional Assistance, which is given after the emergency period, is based on individual application and is designed to help families or individuals effect port or all of their recovery when they lack sufficient resources (which include the ability to borrow from commercial or government agencies or arrange credit buying). This program, based on need, not loss, may include the following types of assistance: a. Food, clothing and maintenance. b. Construction, purchase or repair of owner-occupied homes. c. Extended medical and nursing care. 2 RED CROSS AND CITY MOU —DRAFT 1-16-85 d. Household furnishings. e. Occupational supplies and equipment. •y B. In major diasters receiving a Presidential declaration Red Cross programs may be modified according to the availability of certain government benefits. The potential modifications are as follows: During the emergency phase the federal disaster programs of food stamps, unemployment insurance, mini-home repairs, short-term rental and mortgage payments may be rapidly available, reducing to some extent the need for all Red Cross emergency assistance described in paragraph A.2 above. 2. During the long-range recovery phase, the additional needs of disaster victims, described in paragraph A.3, may be met by state and federal disaster assistance programs provided by the Disaster Relief Act of 1974 (Public Law 93-288). The Red Cross may give or augment additional assistance only when a victim's total recovery needs cannot be met through • the combined resources of state and federal assistance programs. V. THE ROLE OF THE CITY: The City has inherent and statutory authority by reason of its emergency ordinances and plans to direct activities os to all emergency situations within its jurisdiction. The more important of these activities are listed below. A. Dissemination of warnings. B. Designation of dangerous areas. C. Ordered evacuation of dangerous areas. D. Law enforcement E. Fire suppression F. Light and heavy rescue operations. G. Safeguards to public health and sanitation. H. Identification and disposition of the dead, including the operation of temporary morgues. Institutional care for the sick, aged and orphaned. J. Repair and restoration of public facilities and buildings. K. Debris removal from public property. L. Salvage of unclaimed property. 3 RED CROSS AND CITY MOU —DRAFT 1-16-85 M. Evaluation and/or demolition of unsafe structures. N. Arrangements with state and federal agencies for assistance under government ti relief programs. VI. COORDINATION OF EMERGENCY SERVICES PLANNING & DELIVERY: • A. The City I. The Red Cross is incorporated into the City's disaster plans and their employees and volunteers are considered Disaster Service Workers, when properly registered under state law, and thus become eligible for workers compensation benefits authorized by the California Emergency Services Act. 2. The City shall advise Red Cross of health and welfare activities undertaken by the City. • 3. The City shall not make any commitments for the Red Cross. 4. The City shall not, except as authorized by law, interfere in operations of the Red Cross but shall provide resources and assistance when requested and able. 5. The City may have its employees trained by the Red Cross as disaster workers. B. The Red Cross The selection of shelter sites shall be a joint City/Red Cross decision. The principal concerns are location, relationship to potential hazards and emergency operations, and suitability of the potential shelter site for Red Cross operations. In no event, however, shall either party be obligated to expend funds to acquire or use such shelter sites without its consent. 2. The Red Cross shall cooperate with the City's emergency operations and shall provide resources and assistance when requested and able. The City recognizes that the Red Cross may have the need to assess damage and may require access to controlled areas. The City shall have the overall authority to restrict access to certain areas and will coordinate access to those areas in all such circumstances. 3. The Red Cross response to disasters does not require a declaration of any type. Therefore, Red Cross chapters will act in numerous situations which constituted government may not consider sufficiently severe to justify proclaiming the existence of a disaster. When minor disasters occur wherein only a few families are affected and the local chapter cannot finance relief costs, the National organization will provide funding for relief assistance, as it may authorize. 5. The Red Cross recognizes its responsibility to coordinate emergency health and welfare services offered by various volunteer and charitable organizations during declared 4disasters. • RED CROSS AND CITY MOU —DRAFT 1-16-85 6. The City and the Red Cross shall share property damage assessment information. 7. The Red Cross shall appoint, if at all possible, liaison officer(s) to perform planning prior to emergencies and actual liaison during emergencies. It is anticipated that the liaison would be located at the City's EOC during emergencies. VII. TERM OF MEMORANDUM This memorandum of understanding shall remain in full force and effect for four (4) years after the date of its complete execution, and shall be automatically renewed for additional four (4) year terms thereafter, unless either party provides written notice of nonrenewal to the other party at least ninety (90) days in advance of any renewal date. This memorandum may be terminated by either party when delivery to the other party of a written statement of intent to terminate, at least ninety (90) days in advance of the termination date. VIII. INDEMNIFICATION Each party shall be solely responsible for the negligent acts or omissions of its agents, employees, and officers, shall indemnify and hold harmless the other party from all such negligent acts or ommissions. APPROVED AS TO FORM: CITY OFFICIAL: Name add Title Date •ame and Title Date Charles Kilian, City Attorney Barbara A. :.gers, Mayor ATTESTEt RED CROSS RESPRESENTATIVE: - ,r A a / , s Do.othy Goren rs, City Clerk Name and Ti , e ' e 5