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HomeMy WebLinkAboutFoothill-DeAnza Community College District (2) 411011 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 school 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 school 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 alerdwaming 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. The campus houses a FM radio station, KFJC 89.7 that is an authorized user of the Federal Communication Commission (FCC) Emergency Alert System (EAS)that broadcasts throughout the town of Los Altos Hills. Methods of Cooperation FHDACCD agrees to allow the Town the use of the KFJC 89.7 FM radio station, located in room 6202, to disseminate ales/warning and public information on behalf of the Town on a 24/7 basis when commercial power is available. FHDACCD also agrees to provide emergency backup power, if possible. KFJC will place emergency messages at the highest level of broadcast. • MOU Town of Los Altos Hills and Foothill DeAnza Community College District—Page 1 V The Town agrees to work with FHDACCD to develop training, testing and guidelines the on-air DJs, Town representatives and first responders acting on behalf of the town, will need to initiate and broadcast messages. The Town will work with the District to apply for Federal/State reimbursement of any response-related disaster costs incurred as part 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 KFJC, 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. 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 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 party. 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. 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 MOU Town of Los Altos Hills and Foothill DeAnza Community College District—Page 2 3/400 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 lid Los Altos Hills, CA 94022 FAX(650)941- PHONE(640)941-7222 Foothill-DeAnza Community College District 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 3 `0 V Agreement amended and supercedes MOU dated June 10, 2013 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 Hil. 1�, i 417 Carl CahilDat : City Manager Foothill-D-Anza Community College District ,/ C a.' a �. Kevin? • roy / Date: . Vice C ancellor of Busine ervices MOU Town of Los Altos Hills and Foothill DeAnza Community College District—Page 4