Memorandum of Understanding
Between
The American Red Cross
and
The City of Fresno
DocuSign Envelope ID: 53CFCB48-32DA-4E12-A4C4-D568A49EBB65 MOU Between the American Red Cross and the City of Fresno 2 I. Purpose
The purpose of this Memorandum of Understanding ("MOU") is to define a working relationship between The American National Red Cross (hereinafter "Red C ross") and The City of Fresno in preparing for, responding to, and recovering fr om emergencies and disasters. This MOU provides the broad framework for cooperation and support between the Red Cross and the City of Fresno in a ssisting individuals , families and communities who have been or could be impacted by a dis aster or an emergency . It also provides the descriptions of readiness and response activities, such as planning, training, exercising and resourcing , and the clarification of roles and res ponsibilities of the Red Cross and the City of Fresno to the community and other agencies.
II. Parties
A. City of Fresno
California Government Code Chapter § 8585.5– Authorizes the Office of Emergency Services to adopt standards and requirements for loc al and inter-jurisdictional emergency management plans.
Pursuant to the powers granted by the Fresno Municipal Code Section 2 -500 et. al; the purpose is to implement and complement the California Emergency Ser vices Act (Chapter 7, Division 1, Title 2 of the Government Code, Section 8550, et seq.), and shall be liberally construed to affect the purposes thereof. In addition, the Fresno Municipal Code Article 27, Section 15-2729 provides for the stan dards and requirements for Emergency Shelters in the City of Fresno.
B. American Red Cross
1. Services to help people prepare for, respond to, and recover from disasters Founded in 1881, the Red Cross is the nation's premi er nonprofit disaster management organization. As part of a worldwide movement that offers neutral and impartial humanitarian c are, t he Red Cross is a nongovernmental organization that mobilizes communities to aid people affected by or at risk of disasters with the aim of preventing and alleviating suffering. The Red Cross provides disaster cycle services without regard to race, c olor, national origin, religion, gender, age, disability, sexual orientation, citizenship or veteran status. It follows the Funda mental Principles of the International Red Cross and Red Crescent Movement. The Red Cross is closely i ntegrated into community preparedness, response, and recovery efforts, including those of federal, tribal, state and local government and other nongovernmental organizations. Our goal is to work with multi-sector partners to help individuals, families, and communities prepare for, respond to, and recover from natural and manmade disasters of all sizes.
The Red Cross provides disaster cycle services pursuant to its Bylaws and other internal policies and procedures as well as its Congressional Charter (USC 36 §300101- 300111). In the Charter, Congress authorized the Red Cross "to carry out a system of national and international relief in time of peace and apply that system in mitigating the suffering caused by pestilence, famine, fire, floods, and other great n ational calamities, and to devise and carry out measures for preventing those calamities."
a. Preparedness
DocuSign Envelope ID: 53CFCB48-32DA-4E12-A4C4-D568A49EBB65 MOU Between the American Red Cross and the City of Fresno 3 The Red Cross vision for preparedness is that we, together with community leaders, partners and other stakeholders have built community capacity and capability to survive, to minimize s uffering and to recover quickly after a disaster or emergency; and that together we have made preparedness a cultural norm all across the nation. The components for achieving this vision include:
•Assessing community hazards, priority risks, needs and asset; •Engaging the community in preparedness (e.g., Home Fire Campaign); •Enabling individuals and families and orga nizations to take preparedness actions;
•Leveraging our national network of volunteers and our ability to engage partners in direct preparedness actions within communities nationwide; •Working with social service organizations and schools to help t hem, their clients and students survive and recover quickly from a disaster; •Reinforcing preparedness for people and orga nizations who have t aken preparedness actions.
b. Response
The Red Cross vision for response is to alleviate human suffering in the face o f emergencies by mobilizing and organizing community resources to meet the immediate life-sustaining needs of individuals, families and communities affected by disaster; to lay the groundwork for long-term recovery; and to build resilience for future events.
The range of services necessary to achieve this vision will vary based on the needs of those affected and the scale of the disaster. Additionally, there is often overlap between the provision of response and recovery services. The blending of the two processes is necessary for seamless service to individuals, families and communities. Response services most commonly include:
• Home Fire Response Services
• Sheltering
• Feeding
• Health Services
• Mental Health Services
• Spiritual Care Services
• Reunification
• Distribution of Relief Supplies
• Information & Referrals
c. Recovery
The Red Cross vision for re covery is to provide a standard and scalable set of services that align with available resources to bridge the gaps between client resources an d serious human needs and that result in a similar set of assistance for similarly situated clients. Recovery services most commonly include:
• Community Recovery Strategy Development
• Casework/Recovery Planning
• Direct Client Assistance
• Community Preparedness & Resiliency Building
DocuSign Envelope ID: 53CFCB48-32DA-4E12-A4C4-D568A49EBB65 MOU Between the American Red Cross and the City of Fresno 4 *For large and/or complex recovery operations, where significant donor resources are available, expanded services or assistance may be provided.
2. Services related to the National Response Framework
The Red Cross is a c o-lead for the mass care component of Emergency Support Function (ESF) #6 of the National Response Framework (NRF ). In this role, the Red Cross engages in a variety of activities to support states in their planning, coordinating and executing of mass care programs and strategies. The Red Cross also takes a leadership role in working with other non -governmental organi zations and private companies that provide services during a disaster. Additionally, the Red Cross is a support agency to other ESFs – including ESF-8 and ESF-15 – in the NRF.
3. Services related to the National Recovery Framework
The Red Cross is amon g the suppo rting organizations for three Recovery Support Functions: Community Planning and Capacity Building; Health and Social Services; and Housing. In these roles, the Red Cross engages at the headquarters level, as well as at the Federal Emergency Ma nagement Agency (FEMA) regional level, to provide insight and assistance in planning by drawing on Red Cross experience and representing the perspective of non -governmental organizations and private entities that provide recovery services.
4. Organization
The Red Cross is cha rtered by the United States Congress to provide humanitarian services. Its national headquarters, located in Washington , D.C., is responsible for implementing policies and procedures that govern Red Cross activities and provides administrative and technical oversight and guidance to its 62 regions in seven divisions.
Each region has certain authority and responsibility for carrying out Red Cross disaster preparedness, response and recovery activities, delivering local Red Cross servi ces, and meeting corporate obligations within the territorial jurisdiction assigned to it. Each region is familiar with the hazards of the loca lity and surveys local resources for personnel, equipment, supplies, transportation, emergency communications, an d facilities available f or disaster relief. Regions also formulate cooperative plans and procedures with local government agencies and private organizations for relief activities should a disaster occur.
Through its nationwide network, the Red Cross coord inates its total resources for use in large disasters. In order to provide these services, the Red Cross will work with federal, tribal, state and/or local government for assistance and collaboration.
III. Cooperative Actions
The Red Cross recognize s the authority assigned to the City of Fresno, and will share operating plans, priorities and objectives with the deleg ated emerge ncy management staff of the local jurisdiction.
The City of Fresno recognizes the national level roles and responsibili ties designated to the Red Cross in t he Octobe r 22, 2010, Memorandum of Agreement between FEMA and Red Cross.
The City of Fresno recognizes the Red Cross as having mass care responsibility in DocuSign Envelope ID: 53CFCB48-32DA-4E12-A4C4-D568A49EBB65 MOU Between the American Red Cross and the City of Fresno 5 domestic disasters and when activated, authori zes and will support and coordinate with the Red Cross in the execution of these duties.
The Re d Cross and the City of Fre sno will coordinate their respective disaster cycle activities to maximize services to the community an d avoid d uplication of efforts in th e following ways:
1. Explore ways to align business and operational processes and programs across the disaster cycle in an effort to make a more seamless disaster preparedness, response, and recovery experience for residents of the City of Fresno.
2. Coordinate mutual activation of no-notice events through the established 24-hour notification point of contact and develop joint Standard Operating Procedures for ongoing communications , including use o f electronic technology, radio communications, and other emergency coordination protocols.
3. Maintain close coordina tion, lia ison a ctivities, and s upport at all levels with conferences, meetings, and other means of communication. Include a representative of the other p arty in appropriate committees, pla nning groups and task forces formed to mitigate, prepare for, respon d to, and recover from disasters and other emergencies.
4. The City of Fresno will facilitate the Red Cross use of facilities for shelters and service delivery sites wherever possible. The terms and conditions of such use will be set forth in separate Facility Use Agreements.
5. During disasters and emergencies, k eep each other informed of the human needs created by the events and the services they are providing. Share current data regarding disasters , to include risk and hazard analysis, statistical information, social media verifications, historical information, emerging needs and trends, damage assessments, declarations, and service delivery plans.
6. Work together to develop plans, revise planning annexes, and identify resources to facilitate d elivery of serv ices to people with disabilities or o ther access and functional needs during a disaster.
7. Actively participate in reviewing and carrying out responsibilities outlined in the local emergency operations plans.
8. Both parties will ensure, to the fullest extent possible, that disaster operations within the City of Fresno will be as accessible to people with disabilities or o ther access and functio nal needs , based on the American with Disabilities Act and related federal, state and local laws.
9. Prior to and during t he time of disaster, keep the public informed of cooperative efforts through the public information offices of the Red Cr oss and the City of Fresno and explore opportunities for coll aboration to pro vide community, family, and citizen disaster preparedness within the City of Fresno.
10. The City of Fre sno recognizes that the Red Cro ss is dependent upon voluntary public financial donations. In accordance with appli cable laws and r egulations, the City of Fresno will support the Red Cross in locating and acquiri ng necessary resources in an emerg ency including a resp onse to formal resource requests.
DocuSign Envelope ID: 53CFCB48-32DA-4E12-A4C4-D568A49EBB65 MOU Between the American Red Cross and the City of Fresno 6 Both parties will work together, as appropriate, to identify local sourcing solutions that expand disaster capabilities and enhance community resilience.
11. Both parties agree not to use or display any trademarks of the ot her without first receiving the express written permission to do so; however, the u se of the trademarks of the other party is permitted for internal mee ting notes and plans that are not publicly distrib uted and used during the normal c ourse of business related to the pur pose of the MOU. If either party desires to use the intellectual property of the ot her, the “requesting party” should submit the propose d promotional/marketing materials, press releases, website displays or otherwise proposed use of the tra demarks to the “owning party” for review in advance of dissemination or publication.
12. Make training, educational and other developmental opportunities available to the other party’s personnel and explore joint tr aining and exercises. Encourage all staff and volunteers to engage in training (e.g., ICS 300 and 400), exercises, and disaster response activities, as appropriate.
13. Widely distribute this MOU wit hin the Red Cross and the City of Fresn o and administrative offices and urge full cooperation.
IV. Periodic Review
The parties will, on an annual basis, on or around the anniversary date of this MOU, jointly evaluate th eir progress in implementing this MOU and revise and develop new plans, attachments or goals as appropriate. Both parti es should notify the other if primary points of contact change.
V. Term and Termination.
This MOU is effective for a three year term from December 1, 2022 through November 30, 2025. Six months prior to expir ation, the parti es will m eet to review the progress and success of the cooperative e ffort. In connection with such review, the parties may decide to extend this MO U for an additional period not exceeding two years, and if so, shall confirm this in a signed writing. This MOU may be terminated by written notification from either party to the other at any time and for any or no reason.
VI. Indemnification
CITY shall indemnify, hold harmless and defend Red Cross and each of its officers, officials, employees, agen ts and volunteers fr om an y and all loss, liability, fines, penalties, forfeit ures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by Red Cross, CITY o r an y other p erson, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the negligent or intention al acts or omissions, or will ful misconduct of CITY or any of its officers, officials, employees, a gents or volunteers in the performance of this Agreement; provided nothing herein shall constitute a waiver by CITY of governmental immunities including California Government Code section 810 et seq.
Red Cross shall indemnify, hold harmless and defend CIT Y and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, DocuSign Envelope ID: 53CFCB48-32DA-4E12-A4C4-D568A49EBB65 MOU Between the American Red Cross and the City of Fresno 7 penalties, forfeitures, costs and damages (w hether in contract , to rt or strict liability, including but not limited to personal injury, death a t any time and property damage) incurred by the CITY, Red Cross or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indire ctly from the negligent or intentional acts or omissions, or willful misconduct of Red Cross or any of its officers, officials, employees, agents or volunteers in the performance of this Agreement.
Red Cross agrees that this Agreement shall i n no way act to abrogate or waive any immunities available to CITY under the Tort Claims Act of the State of California.
In the event of concurr ent negligence on th e part of CITY or any of it s officers, officials, employees, agents or voluntee rs, and Red Cross or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, demands and actions in law or equity for such losses, fines, penalties, forfeitures, costs and damages shall be apportioned under the State of California's theory of comparative negligence as presently established or as may be modified hereafter.
This section shall survive termination or expiration of this Agreement.
VII. Miscellaneous
This MOU doe s not create a partnership, a joint power agreement, or a joint venture and do es not create a ny financial commitments from one party to the other. Neither party has the authority to bind the other to any obl igation. Except for the binding provisions set forth in Section VI above; it is not intended that this MOU be enf orceable as a matter of law in any court or dispute resolution forum. The sole remedy for non - performance under this MOU shall be termination, with no damages or penalty.
VIII. Entire Agreement
This Agreement supersedes all prior negotiations, representations, or agreements, either written or oral.
SIGNATURE PAGE FOLLOWS.
DocuSign Envelope ID: 53CFCB48-32DA-4E12-A4C4-D568A49EBB65 MOU Between the American Red Cross and the City of Fresno 8 CITY OF FRESNO,
A California municipal corporation
By:
Name:
Title:
APPROVED AS TO FORM:
RINA M. GONZALES
Interim City Attorney
By:
Angela M. Karst Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
THE AMERICAN NATIONAL RED
CROSS,
A non-profit corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
Addresses:
CITY:
City of Fresno
Attention: Aaron A. Aguirre
Title: PARCS Director
Street Address: 1515 E. Divisadero Street
Fresno, CA 93721
Phone: (559) 621-7529
E-mail: [email protected]
THE AMERICAN RED CROSS:
American Red Cross Central Valley
Region
Attention:
Title:
Street Address: 1300 W. Shaw Ave, Suite
4B
Fresno, CA 93711
Phone:
E-mail:
DocuSign Envelope ID: 53CFCB48-32DA-4E12-A4C4-D568A49EBB65 Kaytlin Crough
Senior Disaster Program Manager
559-499-8352
Senior Disaster Program Manager
Kaytlin Crough
[email protected]
11/21/2022
MOU Between the American Red Cross and the City of Fresno 9 ATTACHMENT A – Organization Contact Information
Primary Points of Contact
The primar y points o f con tact i n each organization w ill be resp onsible for the implementation of th e MOU in their respective organizations, coordinatin g activities between organizations, an d responding to questions regarding this MOU. In the event the primary point of contact is no longer able to serve, a new contact will be designated, and the other organization informed of the change.
NOTE: When any attachment is updated, the revised attachment is inserted in the MOU. The MOU does not need to be signed again.
Relationship Manager Contact*
Red Cross City of Fresno
Contact Contact
Title Title
Office
phone
Office
phone
Mobile Mobile
e-mail e-mail
*The Relationship Manager is the person that wo rks with the par tner organization in devel oping and executing the MOU.
Operations Contact**
Red Cross City of Fresno
Contact Contact
Title Title
Office
phone
Office
phone
Mobile Mobile
e-mail e-mail
**The Operations Contact is th e person each orga nization will call to init iate operations activities as defined in the MOU.
559-621-2957
Business Manager
[email protected]
Shelby MacNab
559-621-2919
PARCS Director
Aaron A. Aguirre
[email protected]
559-908-7197
559-240-2041
DocuSign Envelope ID: 53CFCB48-32DA-4E12-A4C4-D568A49EBB65 [email protected]
[email protected]
Kaytlin Crough
559-499-8352
Senior Disaster Program Manager
559-499-8352
Senior Disaster Program Manager
559-499-8352
559-499-8352
Kaytlin Crough