08-105 Seven Springs Owners Association Memorandum of Understanding (MOU) MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF CUPERTINO
AND
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 Understandin;; is to define a cooperative working
relationship between the Ciry and The Association f or the purpose of storing and
maintaining emergency disaster supplies on The As:;ociation property. This Memorandum
will oudine how the City and The Association will v~ork 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 M~.nagement 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,
properry and the environment. The Ciry works clo:,ely 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' Associatio~i
The Association represents a private housing comp'.ex 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. Emerg~°ncy public information 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 properry. The City will supply the container and
MOU City of Cupertino and Seven Springs Owners' Association - Page 1
Citizen Corps disaster response supplies. The Ciry ~,~ill 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. 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 to receive requests for :issistance from the surrounding area.
The Ciuzen 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 represent;ative from the Association may be asked
to sit on the Ciry Disaster Council to assist with pre-disaster coordination.
Prior to an emergency or disaster, the City's Office of Emergency Services will periodically
offer disaster training for homeowners in The Associauon and support any Association
training efforts to organize the 400 homes into an itidependent neighborhood, through
e~sting Ciry training programs, at no cost to the Association.
If a disaster or emergency e~sts that does not direc:ly affect both parties, the affected parry
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 it 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 Ciry and The Association will maintain their own disaster supplies. The Association will
maintain the exterior of the storage container and r~~pair 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 Cit~~ 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 Presidenual 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
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 ~~ssociation, emergency or otherwise. The
r,ssociation will pay for its own normal operating e:~penses. 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.
MOU City of Cupertino and Seven Spring:; Owners' Association - Page 2
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 p;~rty 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 incurrec. 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 parues agree that each Party shall indemnify, demand and hold the other harmless from
any claim, expense or cost, damage or liability arisin~ out of, or in connection with, the
performances of its responsibilities pursuant to this MOU.
Liabiliry for injuries incurred at the storage container, on The Association properry, shall be
the responsibility of The Associauon. 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 hereta 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. ~othing 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 ciescribed hereunder shall be considered
an officer, agent, servant, or employee of a local go~Ternment, 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 frcm participation in similar agreements
and/or activities with other public or private entitie~.
MOU City of Cupertino and Seven Springs Owners' Association - Page 3
Notices
r\ll notices rcyuired to be given pursuant this I~~IOt1 shall be in ~uriting and shall be dclivered
in E~crson, delivered b5~ electr~nic facsimile, or depc~sited in the United Statcs m~il, certified
mail, return receipt requested, addressed to the par~ies as set forth belo~v:
Cit}~ of Cupertino
Oftice of Emergency Ser~rices
10300'1'orrel-~ve, Cupertino, C11 950"l~
~~11~ (~F~8) 777-333(
PIIONT (-~08) 777-3335
Scveu Springs C)wners' tlssociation
5cven Springs Rd
Cupertino, CA 95014
F~1Z (-F08) 559-1970
PHONE (-~~8) ~59-1977
In ~Y~'itncss l~'hereof, the City of Cupertino, and Seven Springs I
Iomco~vners 1lssociation
have esecuted this I~IOU on the dates inciicated bele~~v.
F.~rleied inl~ c~~cerrlc~nl l~y..
Cit}~ of Cuperuno
~ ~ `r.2.~ 08
Da~-id I~napp Date:
Cit~~ I~lanagcr
Sevcn Springs O~vncrs' 1lssociation i'
~ ~ ~ ~_1 C'•,•1 ~ 1? ff I '
~0 ~
~ - i
l~redi \~'l~itesidc Datc:
President
MOU City of Cupertino and Seven Springs Owners' Association - Page 5