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CC Resolution No. 8259 RESOllJTION NO. 8259 A RESOllJTION OF THE CITY <XXJNCIL OF '!HE CITY OF aJPERI'INO AUIHORIZING EXEaJ'I'ION OF MEM:)RANIXJM OF UNDERSI'ANDING BEIWEEN '!HE SANTA crARA VAIIEY æAPI'ER OF THE AMERICAN RED CROSS AND THE CITY OF aJPERI'INO WHEREAS, a Me:nDran:1um of ~ between the City of CUpertino and the Santa Clara Valley OJapter of the American Red Cross establishing and setting forth the disaster relief roles of the two entities for coordinated activities before and after a disaster has been presented to the City Council; and said agreement having been approved by the city Attorney; NCM, 'lliEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of CUpertino. PASSED AND ADOPl'ED at a regular meeting of the City Council of the City of CUpertino this -2..tlL day of November , 1990 by the following vote: Vote Members of the Citv Council AYES: Goldman, Koppel, Sorensen, Szabo, Rogers NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Barbara A. Rogers Mayor, City of CUpertino ATTEST: /s/ Dorothy Cornelius City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN THE SANTA CLARA VALLEY CHAPTER OF THE AMERICAN RED CROSS AND The citv of CUDertino. California ("City" herein) I. PREAMBLE: The Santa Clara Valley Chapter of the American Red Cross, (herein known as Red Cross), and the city's responsibilities in a disaster have a close relationship. Coordination and cooperation between the two entities is essential to an efficient disaster operation. While this unified action requirement denotes coordination between government and the Red Cross this agreement does not impose any administrative authority or fiscal control by government or its emergency organizations over the Red Cross organization, its policies, volunteers or employees; nor, does it empower Red Cross to encroach upon, invade, or substitute for the City's statutory obligations to plan, prepare for and respond to, disaster situations within its jurisdiction. II. PURPOSE: A. The purpose of this Memorandum of Understanding is to clarify the respective roles and responsibilities of the Red Cross and the city. B. To provide for coordinated planning and delivery of emergency services. III. LEGAL BASIS: A. The Red Cross derives its responsibilities from Public Law 4 (33 Stats. 599). B. The City derives its responsibilities from the California Emergency Services Act, the California Master Mutual Aid Agreement, City Charter and Municipal Code. IV. THE ROLE OF RED CROSS: The Red Cross may provide and finance certain services to meet human needs in the event of a disaster. Specifically, these services, extended on a grant basis, are listed and explained in paragraphs A and B below. A. In disasters, other than those so designated by the President, the services shall consist of: 1. Emergency Congregate Care (frequently termed Mass Care) which includes the: 1 a. provision of emergency lodging for disaster victims in those pUblic or private buildings which may be available for congregate care occupancy. b. provision of food and clothing for persons in emergency congregate care facilities. c. provision of food for disaster workers if normal commercial feeding facilities are not available. d. provision of welfare inquiry service. e. provision of hospitals and or injured as blood and blood derivatives clinics for treatment of persons a result of a disaster. to ill f. provision of first aid care in red cross shelters and operational facilities. 2. Emergency Individual Assistance, which is given on the basis of uniform guidelines and procedures to individuals and families having urgent and verified disaster-caused needs, and which may include: a. Food and clothing for disaster victims on an individual basis. b. Temporary housing and other basic necesssities. c. Minor emergency home repairs essential to making home habitable. d. Essential items of household furnishings such as bedding, towels, linens, table and chairs, repair/replacement of stoves, refrigerators, washing machines, and mattresses, springs and bed frames. e. Emergency medical assistance, such as replacement of eyeglasses, dentures, prescriptions, etc. f. Essential occupational supplies and equipment. 3. Addi tional assistance, which is given after the emergency period, is based on individual application and is designed to help families or individuals effect part or all of their recovery when they lack sufficient resources (which include the ability to borrow from commercial or government agencies or arrange credit buying). This program, based on need, not loss, may include the following types of assistance: a. Food, clothing and maintenance. 2 b. Construction, purchase or repair of owner-occupied homes. c. Extended medical and nursing care. d. Household furnishings. e. Occupational supplies and equipment. B. In major disasters receiving a Presidential declaration Red Cross programs may be modified according to the availability of certain government benefits. The potential modifications are as follows: 1. During the emergency phase the federal disaster programs of food stamps, unemployment insurance, mini-home repairs, short-term rental and mortgage may be rapidly available, reducing to some extent the need for all Red Cross emergency assistance described in paragraph A. 2 above. 2. During the long-range recovery phase, the additional needs of disaster victims, described in paragraph A. 3 ,may be met by state and federal disaster assistance programs provided by the Disaster Relief Act of 1974 (Public Law 93-288). The Red Cross may give or augment additional assistance only when a victim's total recovery needs cannot be met through the combined resources of state and federal assistance programs. V. THE ROLE OF THE CITY: The city has inherent and statutory authority by reason of its emergency ordinances and plans to direct activities as to all emergency situations within its jurisdiction. The more important of these activities are listed below. A. Dissemination of warnings. B. Designation of dangerous areas. C. Ordered evacuation of dangerous areas. D. Law enforcement. E. Fire suppression. F. Light and heavy rescue operations. G. safeguards to public health and sanitation. H. Identification and disposition of the dead, including the operation of temporary morgues. I. Institutional care for the sick, aged and orphaned. 3 J. Repair and restoration of public facilities and buildings. K. Debris removal from pUblic property. L. Salvage of unclaimed property. M. Evaluation and/or demolition of unsafe structures. N. Arrangements with state and federal agencies for assistance under government relief programs. VI. COORDINATION OF EMERGENCY SERVICES PLANNING AND DELIVERY: A. The city 1. The Red Cross is incorporated into the city's disaster plans and their employees and volunteers are considered Disaster Service Workers, when properly registered under state law, and thus become eligible for workers compensation benefits authorized by the California Emergency Services Act. 2. The City shall advise Red Cross of health and welfare activities undertaken by the City. 3. The City shall not make any commitments for the Red Cross. 4. The City will cooperate and provide resources to the Red Cross when requested and able. 5. The City may have its employees trained by the Red Cross as disaster workers. B. The Red Cross 1. The selection of shelter sites shall be a joint City/Red Cross decision. The principal concerns are location, relationship to potential hazards and emergency operations, and culpability of the potential shelter site for Red Cross operations. In no event, however, shall either party be obligated to expend funds to acquire or use such shelter sites without its consent. 2. The Red Cross shall cooperate with the City's emergency operations and shall provide resources and assistance when requested and able. The City recognizes that the Red Cross may have the need to assess damage and may require access to controlled areas. The city shall have the overall authority to restrict access to certain areas and will coordinate access to those areas in all circumstances. 3. The Red Cross response to disasters does not require a declaration of any type. Therefore, Red Cross chapters 4 will act in numerous situations which constituted government may not consider sufficiently severe to justify proclaiming theexistence of a disaster. When minor disasters occur wherein only a few families are affected and the local chapter cannot finance relief costs, the National organization will provide funding for relief assistance, as it may authorize. 4. The Red Cross recognizes its responsibility to coordinate emergency health and welfare services offered by various volunteer and charitable organizations during declared disasters. 5. The City and the Red Cross shall share property damage assessment information. 6. The Red Cross shall appoint, if at all possible, liaison officer(s) to perform planning prior to emergencies and actual liaison during emergencies. It is anticipated that the liaison would be located at the City's EOC during emergencies. VII. TERM OF MEMORANDUM this memorandum of understanding shall remain in full force and effect for four (4) years after the date of its complete execution, and shall be automatically renewed for additional four (4) year terms thereafter, unless either party provides written notice of nonrenewal to the other party at least ninety (90) days in advance of any renewal date. This memorandum may be terminated by either party when delivery to the other party of a written statement of intent to terminate, at least ninety (90) days in advance of the termination date. VIII. INDEMNIFICATION Each party shall be solely omissions of its agents, indemnify and hold harmless acts or ommissions. , responsible for the negligent acts or employees, and officers, and shall the other party from all such negligent 5 c In witness whereof, the governing body of the city has caused this agreement to be executed by an officer of the governing body, and the Red Cross has caused this agreement to be executed by the Chairman of its Board of Directors or Chief Executive Officer. said agreement to become effective and operative upon the affixing of the last signature hereto. I "-"=- ~ Scott Ren er, CEO Santa Clara Valley Chapter American Red Cross Approved as to Form Signature Date Title Signature Date Title signature Date Title 6