18-114 Fremont Union High School Distrct (FUHSD), Memorandum of Understanding (MOU) 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
(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 schools 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
In the event of an emergency,the City agrees to allow authorized representatives from FUHSD,
such as designated emergency personnel,teachers, and school officials,immediate access
without prior coordination to the following sites,to the extend 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
MOU City of Cupertino and Fremont Union High School District—Page 1
➢ Finch Ave between Greenwood Dr and Tilson Ave
➢ Tilson Ave between Finch Ave and Tantau Ave
For Monta Vista High School:
➢ Blackberry Farm parking lot(21979 San Fernando Ave @ Byrne Ave)
➢ Byrne Ave
➢ Granada Ave
➢ Hermosa Ave
➢ Lomita Ave
➢ Almaden Ave
➢ 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 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 MOU 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 liability 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.
MOU City of Cupertino and Fremont Union High School District-Page 2
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.
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 its 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: Fremont Union High School District
Office of the City Manager 589 W. Fremont Ave.
10300 Torre Ave., Cupertino CA 95014 Sunnyvale, CA 94087
Phone: (408) 777-1329 Phone: (408)522-2253
Fax: (408) 777-3137 Fax: (408)522-2263
MOU City of Cupertino and Fremont Union High School District-Page 3
IN WITNESS WHEREOF,the City and FUHSD have executed this MOU on the dates indicated
below.
Entered into agreement by:
Fremont Union High School District City -pertino
CHRISTINE MVLLER& DAVID BRANDT
Chief Business Officer/ City Manager
Associate Superintendent
Date Date
APPROVED AS TO FORM:
CIV.FIERRO
Cuper ' o Acting City Attorney
ATTEST:
GRACE SCHIVIIDT
City Clerk / l
MOU City of Cupertino and Fremont Union High School District-Page 4