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06-104, Cupertino Union School District 6<, ~ *"i i MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND CUPERTINO UNION SCHOOL DISTRICf This Memorandum of Understanding is entered into by and between the City of Cupertino; hereafter referred to as "The City" and Cupertino Union School District, a special district; hereafter referred to as "CUSD". Purpose The purpose of the Memorandum of Understanding is to define a cooperative working relationship between the City and CUSD for the purpose of storing and maintaining emergency disaster supplies on school sites. This Memorandum will outline how the City and CUSD 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 Role of Cupertino Union School District CUSD is a special district with school sites located in Cupertino. During emergencies and disasters, CUSD 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. Methods of Cooperation During emergencies and disasters, the City will receive requests for assistance and allocate resources based on priority and availability. Emergency public information will be provided through available communications methods which may include amateur radio, telephone, computer, television, commercial radio and runners. CUSD will allow the City to place 40' x 8' and/or 20' x 8' metal storage containers on mutually agreed upon school sites. The City will supply the containers and allow the school site 33% of the container to store disaster supplies purchased by the school site or CUSD. The City will purchase additional disaster supplies that will be stored in the remaining 67% of the container and used for its disaster response. MOU City of Cupertino and Cupertino Union School District - Page I CUSD 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 CUSD may be asked to sit in the City Emergency Operations Center (EOC) to assist with disaster coordination. 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. Prior to an emergency or disaster, the City's Office of Emergency Services will periodically offer disaster training for CUSD staff, students and their parents. In addition, the Office of Emergency Services will conduct a monthly schools preparedness meeting open to all school representatives from the District. This coordination between the City and CUSD does not impose any administrative authority or fiscal control by government or its emergency organizations over CUSD, its policies or employees; nor does it empower CUSD 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 CUSD will each maintain their own disaster supplies. CUSD 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, each individual party will be responsible for replacement of said contents. The City will purchase the containers and pay for their initial placeme!1t on the school sites. 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 CUSD 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, CUSD 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 assist with this recovery of documented costs. The City shall not be liable for any of the operating expenses of CUSD, emergency or otherwise. CUSD 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 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 MOU City of Cupertino and Cupertino Union School District - Page 2 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 school property, shall be the responsibility of CUSD. The City will manage any injuries incurred by City staff or registered City Volunteers. Amendments Amendments to the terms and conditions of this MO U 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 CUSD 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 CUSD. 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. MOU City of Cupertino and Cupertino Union School District - Page 3 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 Cupertino Union School District 10301 Vista Drive Cupertino, CA 95014 FAX (408) 865-0326 PHONE (408) 252-3000 x344 In Witness Whereof, the City of Cupertino, and Cupertino Union School District have executed this MO U on the dates indicated below. Entered into agreement l?J: ( \ .2{ ,0 G Date: l( /27/z,tJOb .. I Date: MOU City of Cupertino and Cupertino Union School District - Page 4