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HomeMy WebLinkAboutFoothill-DeAnza Community College District 4.0 MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF Los ALTOS HILLS AND FOOTHILL-DEANZA COMMUNITY COLLEGE DISTRICT This Memorandum of Understanding ("MOU") is entered into by and between the Town of Los Altos Hills; hereafter referred to as "Town," and Foothill-DeAnza Community College District;hereafter referred to as "FHDACCD". Purpose The purpose of the Memorandum of Understanding is to define a cooperative working relationship between the Town and FHDACCD for the provision of emergency management resources in the event of an emergency or disaster within the Town. The Emergency Responsibilities of the Town of Los Altos Hills The Town of Los Altos Hills is a local government located at 26379 West Fremont Road, Los Altos Hills, California. Emergency responsibilities of the Town include managing local emergencies, providing timely alerts/warnings and public information to keep the Los Altos Hills' community apprised of emergencies that could pose a threat to lives, property, and/or the environment, and developing additional response capabilities through partnerships with other organizations. The Emergency Responsibilities of the Foothill-DeAnza Community College District FHDACCD has two campuses. One campus (Foothill College) is located at 12345 South El Monte Road, in Los Altos Hills, California. FHDACCD's second campus (DeAnza College) is located in Cupertino, California and is not subject to or part of this MOU. Emergency responsibilities of the FHDACCD include managing campus emergencies, providing timely alerts/warnings and information to keep the campus apprised of emergencies that could pose a threat to lives, property, and/or the environment and developing additional response capabilities through partnerships with other organizations. Methods of Cooperation FHDACCD agrees to allow the Town to use rooms, buildings, equipment, ham radio connections, restrooms, and parking lot space on the campus of Foothill College for emergency management activities, if available. With prior arrangement, these resources on the campus of Foothill College may also be used for disaster drills and volunteer Disaster Service Worker activities. Specifically, such drills and activities may take place at the ARK located in Parking Lot 7. FHDACCD also agrees to maintain ham radio MOU Town of Los Altos Hills and Foothill DeAnza Community College District 3/6/17—Page l 6+ V antennas and connections on the campus of Foothill College for use by the Town and FHDACCD. The Town agrees to allow FHDACCD to use Town of Los Altos Hills' rooms, buildings, equipment, ham radio connections, and parking lot space for emergency management activities, if available. With prior arrangement, these Town resources may also be used for disaster drills by FHDACCD. The Town also agrees to provide ham radio team members, when available, to support communications and ham radio equipment maintenance on the campus of Foothill College. The Town agrees to work with FHDACCD to develop training, testing, and guidelines for Foothill College campus staff, Town representatives, and first responders acting on behalf of the Town,who will implement the provisions of this MOU. The Town will work with FHDACCD to apply for Federal/State reimbursement of any response-related emergency or disaster costs incurred as a result of performing in accordance with this MOU. Cost Recovery Section The Town shall not be liable for any of the operating expenses of FHDACCD, be they related to emergency or disaster responses, or otherwise. The Town will pay for its own normal operating expenses. Expenses resulting from damage to Foothill College campus property, directly related to Town use, shall be the responsibility of the Town. If such damage is found to occur, FHDACCD will issue damage reports, as well as estimated costs to repair such damage, if applicable, to the Town within ninety (90) days of the event resulting in such damage. FHDACCD shall not be liable for any of the operating expenses of the Town of Los Altos Hills,be they related to emergency or disaster responses, or otherwise. FHDACCD will pay for its own normal operating expenses. Expenses resulting from damage to Town property, directly related to FHDACCD use, shall be the responsibility of FHDACCD. The Town will issue damage reports, as well as estimated costs to repair such damage, if applicable, to FHDACCD within ninety (90) days of the event resulting in such damage. 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 for any reason by serving written notice to the other party at least one hundred eighty (180) days in advance of the date of termination. The terms of this MOU may be renegotiated at any time at the request of either party. MOU Town of Los Altos Hills and Foothill DeAnza Community College District 3/6/17—Page 2 V Indemnification The Parties agree that all losses or liabilities incurred by either Party as a result of that 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, defend, and hold the other Party harmless from any claim, expense or cost, damage, or liability arising out of, or in connection with, the performance of the Party's responsibilities pursuant to this MOU. Neither Party, nor any appointed or elected official, officer or employee, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Parties hereto, appointed or elected officials, officers, employees, or agents,under or in connection,with any work, authority, or jurisdiction delegated to such other Party under this MOU. Liability for injuries to Foothill College staff and students occurring on Foothill College campus, during campus emergencies, shall be the responsibility of FHDACCD. Injuries incurred by on-campus Town staff, Town volunteer Disaster Service Workers, or first responders acting on behalf of the Town,will be managed by their home agency. Amendments Amendments to the terms and conditions of this MOU shall be effective only upon mutual agreement in writing by the Town and FHDACCD. Independent Contractor The Town shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any. FHDACCD 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 FHDACCD and the Town. No person performing any of the work or services described hereunder shall be considered an officer, agent, servant, or employee of a local government or agency; nor shall any such person be entitled to any benefits available or granted to local government employees solely based on their performance of the work or services described in this MOU. Other Agreements This MOU places no restrictions on either party from participation in similar agreements and/or activities with other public or private entities. Insurance Each party shall maintain its own insurance coverage, through commercial insurance, self-insurance or a combination thereof, against any claim, expense, cost, damage or liability arising out of the performance of its responsibilities pursuant to this MOU. MOU Town of Los Altos Hills and Foothill DeAnza Community College District 3/6/17—Page 3 'V 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, and addressed to the parties as set forth below: Town of Los Altos Hills 26379 W. Fremont Rd Los Altos Hills,CA 94022 FAX(650)941-3160 PHONE(640) 941-7222 Foothill College 12345 S. El Monte Rd Los Altos Hills, CA 94022 FAX(650)949-7375 PHONE(650)949-7200 Severability If any provision of this MOU shall be held to be invalid,void,or unenforceable,the validity, legality, or enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby. Applicable Law The construction, interpretation and enforcement of this MOU shall be governed by the laws of the State of California. The courts of the State of California shall have jurisdiction over any action arising out of this MOU and over the Parties. Entirety of Agreement This MOU,consisting of five(5)pages,represents the entire and complete MOU between the Parties and supersedes any prior negotiations,representations and agreements,whether written or oral. MOU Town of Los Altos Hills and Foothill DeAnza Community College District 3/6/17—Page 4 1601 V In Witness Whereof,the Town of Los Altos Hills,and Foothill-DeAnza Community College District, have executed this MOU on the dates indicated below. Agreement amended and supercedes MOU dated June 28`x, 2013 Town of Los Altos Hills 26379 W. Fremont Rd Los Altos Hills,CA 94022 FAX(650) 941-3160 PHONE(640) 941-7222 c 841,-COP 3/15 207 Carl Cahill Date: City Manager Foothill College 12345 S. El Monte Rd Los Altos Hills, CA 94022 FAX(650) 949-7375 PHONE(650) 949-7200 Kevin . Date Vice C ncellor of Business Services 2783763.1 MOU Town of Los Altos Hills and Foothill DeAnza Community College District 3/6/17—Page 5 MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF Los ALTOS HILLS AND FOOTHILL-DEANZA COMMUNITY COLLEGE DISTRICT This Memorandum of Understanding is entered into by and between the Town of Los Altos Hills; hereafter referred to as "Town" and Foothill-DeAnza Community College District,a special district; hereafter referred to as"FHDACCD". Purpose The purpose of the Memorandum of Understanding is to define a cooperative working relationship between the Town and FHDACCD for providing emergency information on behalf of the Town. The Emergency Responsibilities of the Town of Los Altos Hills The Town of Los Altos Hills is a local government located at 26379 W Fremont Rd, Los Altos Hills, 94022. Emergency responsibilities of the Town include managing local emergencies, providing timely alert/waming and public information to keep the community apprised of emergencies that could pose a threat to lives, property and/or the environment and developing additional response capability through partnerships with other organizations. The Emergency Responsibilities of the Foothill-DeAnza Community College District FHDACCD is a special district with two campuses. One campus (Foothill College) is located at 12345 S. El Monte Rd., Los Altos Hills, 94022. Emergency responsibilities include managing campus emergencies, providing timely alert/waming and information to keep the campus apprised of emergencies that could pose a threat to lives, property and/or the environment and developing additional response capability through partnerships with other organizations. Methods of Cooperation FHDACCD agrees to allow the Town the use of Foothill College rooms, buildings, equipment or parking lot space for emergency management and disaster drills, if available,for use at the time of the emergency. The Town agrees to allow the District the use of Town of Los Altos Hills rooms, buildings,equipment or parking lot space for emergency management and disaster drills, if available,for use at the time of the emergency. MOU Town of Los Altos Hills and Foothill DeAnza Community College District—Page I V � The Town agrees to work with FHDACCD to develop training,testing and guidelines for the campus staff, Town representatives and first responders acting on behalf of the town, who will need to implement this MOU. The Town will work with the District to apply for Federal/State reimbursement of any response-related disaster costs incurred as a result of this agreement. Cost Recovery Section The Town shall not be liable for any of the operating expenses of FHDACCD emergency or otherwise. The Town will pay for its own normal operating expenses. Expenses resulting in damage to campus property, directly related to Town use, shall be the responsibility of the Town. FHDACCD will issue damage reports to the Town within 90 days of the event. FHDACCD shall not be liable for any of the operating expenses of the Town of Los Altos Hills emergency or otherwise. The District will pay for its own normal operating expenses. Expenses resulting in damage to Town property, directly related to District use, shall be the responsibility of the District. The Town will issue damage reports to the District within 90 days of the event. 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-yew 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 pmb. Indemnification 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 campus during campus emergencies, shall be the responsibility of FHDACCD. Injuries incurred by on-campus Town staff; or first responders acting on behalf of the town,will be managed by their home agency. Amendments Amendments to the terms and conditions of this MOU shall be effective only upon mutual agreement in writing by the parties hereto. MOU Town of Los Altos Hills and Foothill DeAnza Community College District—Page 2 v Independent Contractor The Town 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 FHDACCD and the Town. 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. Insurance Each party shall maintain its own insurance coverage, through commercial insurance, self-insurance or a combination thereof, against any claim, expense, cost, damage or liability arising out of the performance of its responsibilities pursuant to this MOU. 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: Town of Los Altos Hills 26379 W Fremont Rd Los Altos Hills, CA 94022 FAX(650) 941- PHONE(640) 941-7222 Foothill College 12345 S. El Monte Rd Los Altos Hills, CA 94022 FAX (650) 949-7375 PHONE(650)949-7200 MOU Town of Los Altos Hills and Foothill DeAnza Community College District—Page I In Witness Whereof,the Town of Los Altos Hills,and Foothill-DeAnza Community College District,have executed this MOU on the dates indicated below. Entered into agreement by: Town of Los Altos Hills Q Sunt 11. 1013 Carl Cahill Date: City Manager Foothill-DeAnza Community College District C ' ...e '-E x013 Jud t r Date: Fo thill College President MOtJ Town of Los Altos Hills and Foothill DeAnza Community College District—Page 4