06-105 De Anza Community College
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF CUPERTINO
AND
DE ANZA COMMUNITY COLLEGE
This Memorandum of Understanding is entered into by and between the City of
Cupertino; hereafter referred to as "The City" and De Anza Community College,
hereafter referred to as "College".
Purpose
The purpose of the Memorandum of Understanding is to define a cooperative
working relationship between the City and College for the purpose of storing and
maintaining emergency disaster supplies on the De Anza campus. This
Memorandum will outline how the City and the College 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 and National Incident Management System
(SEMS/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 special districts, public, private and non-profit
organizations to promote standardized training and coordinate response plans to
ensure the best use of available resources.
The Role of De Anza Community College
The College is a special district with a community college campus located in
Cupertino. The College functions under the Standardized Emergency
Management System and National Incident Management System (SEMS/NIMS).
During emergencies and disasters, the College is responsible for managing their
campus, 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. The College is a member of
the City's Disaster Council and works to coordinate response plans to ensure the
best use of available resources.
Methods of Cooperation
During self-announcing natural disasters, CERT volunteers will automatically
respond to the De Anza Campus, after they have cared for their homes and
neig h borhoods.
MOD City of Cupertino and De Anza Community College updated 12/19/06- Page 1
All other disaster responses to the college must be activated and coordinated by
the City Director of Emergency Services (or designee) in coordination of the EOC
Director or Emergency Management Coordinator.
City of Cupertino Agrees to:
· Allocate resources based on priority and availability.
· Place one 40' x 8' metal storage containers on a mutually agreed upon
location(s) at the De Anza campus for the purpose of Community
Emergency Response.
· Purchase and stock mutually agreed upon emergency response supplies
in the storage containers.
· Identify trained citizen volunteers to respond to the campus during
earthquakes and to other emergencies (as requested by the campus).
· Provide photo IDs and volunteer point of contact for all citizen volunteers-
omitted on your copy
· Inventory and maintain non-medical supplies.
· Notify De Anza College of free disaster training opportunities for their
students/staff.
· Provide keys to the containers to designated campus staff.
· Conduct on campus disaster drills.
· Attempt to provide additional volunteers, upon request of the College
· Incorporate the De Anza College campus Community Emergency
Response Team (CERT) response into the City's Emergency Plan.
De Anza Community College agrees to:
· Encourage volunteer participation in the campus and City's disaster
response programs.
· Use and replace pre-identified medical supplies.
· Inventory and maintain medical supplies.
· Participate in, and assist with coordination of, City sponsored emergency
exercises.
· Paint and maintain exterior of the container.
· Involve citizen volunteers in on-campus exercises to enhance
coordination.
· Allow recognized city volunteers to access the storage container for drills
or maintenance, in coordination with the College.
· Keep a record of all College representatives who hold a key.
· Identify ham radio operators who can function as a communications link to
the City.
· Incorporate CERT, Medical Reserve Corps and Ham Radio on-campus
response into existing emergency plans.
· Encourage students and staff to register as volunteers with the City to
assist with emergencies not associated with the campus
MOU City of Cupertino and De Anza Community College updated 12/19/06- Page 2
· Notify Cupertino Office of Emergency Services of free training
opportunities for their City staff and volunteers.
Cost Recovery Section
If a disaster or emergency exists that does not directly affect both parties, the
affected party may use all supplies in the container, to support its disaster
response, upon approval of the other party. If unable to contact the other party,
and after due diligence is made to exhaust all pre-designated means of
communication, and life safety is a concern, the parties agree to default toward
approval.
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.
In the event that a container is "broken" into and the contents stolen or
destroyed, each individual party will be responsible for replacement of contents
. originally belonging to them.
In the event that the City declares a local emergency, and obtains a
Gubernatorial and/or Presidential declaration, the College 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 provide technical expertise with this recovery of
documented costs.
The City shall not be liable for any of the operating expenses of the College,
emergency or otherwise. The College 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.
The College will paint (if needed) and maintain the physical storage container
and remove any graffiti. The City will purchase the containers and pay for their
initial placement on the De Anza campus.
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.
MOD City of Cupertino and De Anza Community College updated 12/19/06- Page 3
Indemnification
The coordination between the City and the College does not impose any
administrative authority or fiscal control by government or its emergency
organizations over the College, its policies or employees; nor does it empower
either party to encroach upon, invade, or substitute its local government statutory
obligations to plan, prepare for and respond to, disaster situations within its
jurisdiction.
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 College property, shall be the responsibility of the
College except for those injuries incurred by City staff or registered City
Volunteers when performing approved City activities (ARK maintenance,
exercises & disaster activation). City volunteers are Disaster Service Workers
and covered by City and/or State Workers Compensation.
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
The College 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 College. 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.
MOU City of Cupertino and De Anza Community College updated 12/19/06- Page 4
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
De Anza Community College
21250 Stevens Creek Blvd.
Cupertino, CA 95014
FAX (408) 864-8900
PHONE (408) 864-8209
In Witness Whereof, the City of Cupertino, and De Anza Community College
have executed this MOU on the dates indicated below.
Entered into agreement by:
c9~Je~ ~ ~
David Knapp Q \J
City Manager
Attest:
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Date
De Anza Community College
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J nine Hawk.
Ice President, Financial & College Services
,
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Date
MOU City of Cupertino and De Anza Community College updated 12/19/06- Page 6