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HomeMy WebLinkAbout2004-06-28 City Council (12)12 City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENTS:FIRE COMMUNITY SERVICES DATE: JUNE 28, 2004 CMR: 300:04 SUBJECT:APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALO ALTO AND THE PALO ALTO CHAPTER OF THE AMERICAN RED CROSS FOR THE USE OF CUBBERELY COMMUNITY CENTER FOR SHELTER DURING DISASTERS RECOMMENDATION Staff recommends that Council approve and authorize the Mayor to execute the attached Memorandum of Understanding with the Palo Alto Chapter of the American Red Cross to authorize the use of the Cubberley Community Center grounds and equipment for mass care shelters required during disasters. BACKGROUND In 1973 the City of Palo Alto entered into an agreement with the American Red Cross to provide shelter at the Cubberley Community Center. This agreement benefits both the City and Red Cross by providing City staff assistance and a City facility to serve the residents of Palo Alto as a shelter during a disaster. The identification and evaluation of all potential sheltering facilities and locations to serve as an emergency center was an objective listed in the City of Palo Alto’s Emergency Management Plan (CMR 379:98). Cubberley Community Center served as a shelter during the 1998 flood, sheltering approximately 200 residents. DISCUSSION In the event of a disaster, this agreement will allow the Red Cross the use of Cubberley Community Center grounds and equipment as a shelter for disaster victims. The American Red Cross will assume responsibility of the Center when it is opened at the request of/and operated under the auspices of the Red Cross. CMR 300:04 Page 1 of 2 The American Red Cross agrees to reimburse the City for any damage to the facility during use and replace foods or supplies that may be provided by the City and used by the American Red Cross in the conduct of its relief activities as a shelter. The Memorandum of Understanding shall remain in effect for four years and shall automatically be renewed for an additional four years thereafter, unless written notice of non-renewal by either the City or the American Red Cross. RESOURCE IMPACT There is no resource impact on the General Fund. POLICY IMPLICATIONS Approval of the agreement is consistent with existing City policies. ENVIRONMENTAL REVIEW This is not a project under the California Environmental Quality Act. ATTACHMENTS Attachment A: PREPARED BY: Memorandum of Understanding Barbara Ci~ino, - Disaster DEPARTMENT APPROVAL: DEPARTMENT APPROVAL: CITY MANAGER APPROVAL: Fire Chief Rich James, Director, Communi@ Service Department ’ / HARRISON Assistant City Manager CMR 300:04 Page 2 of 2 MEMORAIqDUM OF UNDERSTANDING BETWEEN THE CITY OF PALO ALTO THE PALO ALTO AREA CHAPTER OF THE AMERICAN RED CROSS This Memorandum of Understanding (~MOU") is made and entered into , 2004, between the City of Palo Alto ("City") and the Palo Alto Area Chapter of the American National Red Cross ("Red Cross") (the "Parties"). RECITALS WHEREAS, pursuant to the terms of federal statutes, and under the authority of Public Law 4 (33 Stat. 599), the Red Cross provides emergency services (including, but not limited to, food, clothing, furnishings, housing, shelter, and emergency medical care, on behalf of individuals and families who are victims of disaster; WHEREAS, consistent with Chapter 2.12 of the Palo Alto Municipal Code and the California Emergency Services Act, California Government Code sections 8550 - 8668, inclusive, the City is authorized to permit the Red Cross to use the Cubberley Community Center (~Center") grounds and equipment for mass care shelters required in the conduct of Red Cross Disaster Services activities, and the City wishes to cooperate with the Red Cross for such purposes; and WHEREAS, the Parties hereto mutually desire to reach an understanding that will result in making the Center available to the Red Cross for the referenced uses in a manner not inconsistent with the rights of tenants of the Center, as provided by applicable law; Now, therefore, in consideration of the provisions herein, the Parties mutually agree, as follows: The City agrees that, after meeting its responsibilities to employees, it will permit, to the extent of its ability and upon request by the Red Cross, the use of the Center by the Red Cross as mass shelters for the victims of disasters. The Red Cross agrees that it shall exercise reasonable care in the conduct of its activities at the Center and further agrees to replace or reimburse the City for any foods, furnishings, supplies or other items that may be provided by the City and used by the Red Cross in the conduct of its relief activities in the mass shelters at the Center. 040510 cl 0072387 1 The City understands that the Red Cross will only assume responsibility of the Center, as outlined in this MOU, when the Center is opened at the request of and operated under the auspices of the Red Cross. Notwithstanding any other agreements, the Red Cross agrees to defend, hold harmless, and indemnify the City against any claims,costs (including reasonable attorneys’ fees and legal costs, liability, loss or damage in respect to bodily injury, death, and property damage, arising from the negligence of the Red Cross during its use of the City’s property, including the Center. o This MOU 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 non-renewal to the other party at least ninety (90) days in advance of any renewal date. This MOU may be terminated by either party on delivery to the other party of a written statement of intent to terminate, at least ninety (90) days in advance of the termination date. In Witness Whereof, the Parties have duly executed this M0U on the date first above stated. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Mayor Pa!o Alto Area Chapter American Red Patricia J. Executive Di ~ctor City Manager Director of Community Services 040510 cl 0072387 2