American Red Cross - Emergency Services AgreementMEMORANDUM OF UNDERSTANDTNG B.`PEEN
THE AMERICAN RED CROSS
SANTA CLARA VALLEY CHAPITi
AND
THE CITY OF GILROY CALIF0!4!IA
I. PURPOSE
A. To recognize the respective roles and respc.,risibilities of the
American Red Crass (Red Cross) and the City or Gilroy, CA (City)
in disaster preparedness planning and opepations for natural
disaster, (fires,-floods, earthquakes, windstorms, explosions,
etc.) or chemical accidents and other emergencies.
B. To serve as a basis for mutual unc!c:Fstandint: :J rid collaboration by
which the resources of the Red the City can be most
effectively brought to bear fo, c relief of all persons
affected by the above types of dis "Isters.
C. To reaffirm that the Red Cross and the City w -ill discharge their
respective responsibilities as described in the State of
California Emergency Plan and as the tied Cross is mandated to do
by Congressional Charter anC upplic &hlki administrative
regulations.
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II. LEGAL BASIS FOR OPERATIONAL RELATIONSHIPS
A. The Red Cross is mandated by Federal Laws am= defined in 36. USC -5
to undertake activities for the purpose of mitigating the
suffering caused by natural disasters and other emergencies. The
Red Cross does not have the to surrender the mandate
created by its Congressional Chas -ter, This responsibility has
been restated in the Federal Di sastei- Relief Act of 1974 (Public
Law 93 -288).
B. City responsibilities derive from tLhe State of California
Emergency Services Act and the C`Iroy Ordinance 75 -18 (Chapter 9,
City Code).
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A. In all natural disasters and other emergencies, the Red Cross
provides relief assistance in accordance with its established
policy, procedures and guidelines.
B. The Red Cross response in disasters does not require a government .
declaration of any type. Regardless of the size of the disaster
or the number of families affected, all assistance will be
provided on a uniform basis. All Red Cross assistance to
disaster victims is an outright gift. No payment is ever
required or requested and no Red Cross disaster supplies are ever
sold.
C. In time of major disasters or other emergencies, Red Cross
recognizes the City as a resource for staff whose skills are
readily adaptable to Red Cross relief assistance programs.
D. Red Cross will provide training for the City staff who may be
assigned to Red Cross disaster operations.
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IV, ROLE OF THE CITY
A. The City recognizes that in time of natural disasters the Red
Cross has the primary responsibility for meeting urgent and
emergency needs of disaster victims by providing food, clothing,
shelter in congregate care or other facilities, welfare
registration and inquiry, and other basic elements for human
comfort and survival.
EE The City will coordinate the capabilities of its departments to
respond to disasters of all types.
C. The City will continue to provide usual public assistance
services during a disaster situation or a declared emergency.
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D. The City will provide needed staff, as available, to assist Red
Cross in disaster operations. City staff may also be given time
off to participate in Red Cross training courses. Staff salaries
and benefits will be provided by the City to its staff in both
preparedness training and operational assignments.
E. In the event of an officially declared state of emergency, and
pursuant to the rules and regulations of the California Emergency
Council, all state, regional, and local government employees will
become disaster workers; duties may include support of Red Cross.
V. ADMINISTRATIVE AND FINANCIAL CONTROLS
It is basic Red Cross policy that administrative and financial
control of its disaster related services cannot be delegated or
assumed by others. Individuals ant; organizations, including
government, cannot represent Recd Cros without prior agreement
with and approval by Red Cross
OTHER. FUNCTIONAL RELATIONSHIPS
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A. The Red Cross has agreements with a number of United States
government agencies, including the U.S. Department of Defense,
for the obtaining and shipment of essential equipment and
personnel to supplement emergency operations.
B. The Red Cross may enter into contracts with public and private
agencies, on a reimbursable basis, to provide Red Cross support
in rendering assistance to victims in emergency situations.
C. The Red Cross will support to the best of its ability,
governmental efforts to alleviate suffering in war caused
disaster situations.
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VII® OTHER PROVISIONS
This memorandum of understanding shall become effective on date
of signature below and shall remain in effect until 30 days after
either party gives notice to the otheir party that it desires to
terminate or modify the agreement,
APPROVED //— 1983
A ?PROVED 12- is 198
American Red Cross
Santa Mara Valley Chapter
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O
Ch- ,',,.. -F E xecutive fficer
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE SANTA CLARA VALLEY CHAPTER
OF THE AMERICAN RED CROSS
AND
The City of Gilroy, 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:
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1. Emergency Congregate Care (frequently termed Mass Care)
which includes the:
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 blood and blood derivatives to
hospitals and clinics for treatment of persons ill
or injured as a result of a disaster.
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. Additional 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:
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a. Food, clothing and maintenance.
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.
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I. Institutional care for the sick, aged and orphaned.
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.
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3. The Red Cross response to disasters does not require a
declaration of any type. Therefore, Red Cross chapters
will act in numerous situations which constituted
government may not consider sufficiently severe to
justify proclaiming the existence 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 responsible for
omissions of its agents, employees, an
indemnify and hold harmless the other party
acts or ommissions.
the negligent acts or
d officers, and shall
from all such negligent
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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.
Scott Rend r, CEO Date
Santa Clara Valley Chapter
American Red Cross
Approved as to Form
Signature
Title
Signature
Date
Date
Title
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