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11-111 Memorandum of Understanding, Seven Springs Owners Association MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO ANI) SEVEN SPRINGS OWNERS' ASSOCIATION This Memorandum of Understanding is entered into by and between the City of Cupertino; hereafter referred to as "The City" and Seven Springs Owners' Association, hereafter referred to as "The Association ". Purpose The purpose of the Memorandum of Understanding is to define a cooperative working relationship between the City and The Association for the purpose of storing and maintaining emergency disaster supplies on The Association property. This Memorandum will outline how the City and The Association 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 City trains volunteers to manage their homes, families and neighborhoods. The Role of Seven Springs Owners' Association The Association represents a private housing complex located in Cupertino at Sevens Springs Drive and Stelling Rd. During emergencies and disasters, homes and families within the complex could experience injury, damage to property and loss of housing causing them to be unable to function independently. The Association will have certain obligations to make specific repairs. Methods of Cooperation During emergencies and disasters, the City will receive requests for assistance and allocate resources based on priority and availability. Emergency public inforination will be provided through available communications methods that may include amateur radio, telephone, computer, television, commercial radio and runners. The Association will allow the City to place 20' x 8' metal storage container at a mutually agreed upon location on Association property. The City will supply the container and MOU City of Cupertino and Seven Springs Owners' Association, August 2011— Page 1 Citizen Corps disaster response supplies. The City will approve the storage of any additional disaster response supplies, owned by the Association and maintain a complete inventory. All persons authorized to access the supplies will display proper City Volunteer Photo identification. After an earthquake or other ideni:ified emergency, trained Citizen Corps volunteers (from The Association and surrounding area) will respond to the container, after assisting their homes and families. They will set up a disaster reporting location in the Clubhouse parking lot, or other agreed upon location, to receive requests for assistance from the surrounding area. The Citizen Corps volunteers will attempt to respond to the requests for assistance or report the requests to the City Emergency Operations Center for prioritization and response from professional first responders. The Association 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 the Association may be asked to sit on the City Disaster Council to assist with pre- disaster coordination. When training exercises are scheduled, the City Office of Emergency Services will notify The Association, at least 30 days in advance, and obtain permission to use the Clubhouse parking lot and any other areas agreed upon. Prior to an emergency or disaster, the City's Office of Emergency Services will periodically offer disaster training for homeowners in The Association and support any Association training efforts to organize the 400 homes into an independent neighborhood, through existing City training programs, at no cost to the Association. 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. This coordination between the City and The Association does not impose any administrative authority or fiscal control by government or its emergency organizations over The Association, its policies or employees; nor does :.t empower The Association 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 The Association will maintain their own disaster supplies. The Association 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, The City will be responsible for replacement of City purchased supplies only. The City will purchase the container and pay for its initial placement on site. 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 Association 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, The Association may be eligible for recovery of documented costs beyond normal operating expenses as deemed appropriate by administering state and federal agencies. The City Office MOU City of Cupertino and Seven Springs Owners' Association, August 2011— Page 2 of Emergency Services will assist with this recovery of documented costs. The City shall not be liable for any of the operating expenses of The Association, emergency or otherwise. The Association 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 two (2) years from that date, and shall be automatically renewed for additional two -year terms thereafter. 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 at the storage container, on The Association property, shall be the responsibility of The Association. The City will manage any injuries incurred by City staff or registered City Volunteers. Ame ndme nts Amendments to the terms and conditions of thi3 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 The Association 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 The Association. 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 Agre ements 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 Seven Springs Owners' Association, August 2011— Page 3 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 Seven Springs Owners' Association Seven Springs Rd Cupertino, CA 95014 FAX (408) 559 -1970 PHONE (408) 559 -1977 In Witness Whereof, the City of Cupertino, and Seven Springs Homeowners Association have executed this MOU on the dates indicated Below. Entered into agreenz'nt by City of Cupertino CrJ /0. 8. 1 David Knapp Date: City Manager Approve as to rm: P S-') , „y L i j City torney Seven Springs Owners' Association (: Sandeep Jain Date: President MOU City of Cupertino and Seven Springs Owners' Association, August 2011- Page 4