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HomeMy WebLinkAboutC-3260 - Planning and Coordination Agreement (Disaster Locations)AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE ORANGE COUNTY CHAPTER AMERICAN RED CROSS This Planning and Coordination Agr ement (hereinafter referred to as "AGREEMENT ") made and entered into this RO "day of _AE�Ljf 1999 by and between the City of Newport Beach, a Municipal corporation (Fereinafter refdrred to as "CITY "), and The Orange County Chapter of The American Red Cross (hereinafter referred to as "RED CROSS '), is made with reference to the following facts: RECITALS 1. PURPOSE In planning for an effective response to man -made or natural disasters, City and Red Cross recognize a common responsibility to insure the highest level of mutual cooperation and coordination of their respective emergency services and resources. This Agreement, therefore, serves as a basic planning and coordination document for disaster services, setting forth the Parties' mutual interests and intent to cooperate in disaster preparedness, training, planning, operations, and related training exercises. This Agreement is not intended to confer rights upon any individual or group not a party hereto and is entered into by City and Red Cross solely for the foregoing stated purpose. 3. AUTHORITY The legislation and regulations governing the respective disaster preparedness and disaster recovery activities of City and Red Cross are as follows: A. city The City conducts its preparedness activities and operations under these authorities: i. Federal Civil Defense Act of 1950, as amended; and ii. Disaster Relief Act of 1974, as amended Red Cross Red Cross conducts preparedness activities and operations under these authorities: L Act of Congress of January 5, 1905, as amended; ii. Disaster Relief Act of 1974, as amended; and iii. American Red Cross Disaster Services Regulations and Procedures (ARC 3000 series) A. City The City has responsibility for the maintenance of public health, welfare and safety within its geographic boundaries and for the preservation of life and property of its residents in the event of a man -made or natural disaster, through specific preparedness activities and by conducting and coordinating actual disaster relief operation, including the maintenance or restoration of normal government services and facilities. Consistent with municipal ordinances and City's Emergency Management Plan, City shall be responsible for the following: i. Extension and augmentation of certain government services including police and fire protection, warning and evacuation, search and rescue, emergency medical, public health and sanitation services; ii. Provision of communications, transportation and manpower to extend or augment normal government services; iii. Survey and damage assessment, designation of. hazardous areas and structures, removal of debris from public property, and restoration of utilities and services; iv. Coobation of the care for the general publiceluding the aged and infirm and se persons injured, disabled or isplac as a result of man -made or natural disasters; V. Coordination with county agencies in the identification and disposition of deceased persons; and vi. Determination and coordination of priorities in the allocation and use of available local resources, and channeling requests for support through other public or private agencies. B. Red Cross By Charter of the United States Congress, Red Cross has the responsibility for undertaking relief activities for the purpose of mitigating suffering of "disaster victims" by man -made or natural disasters. This is accomplished by: i. Providing emergency mass care including care and reception centers and shelters to any number of persons affected by disasters or in response to threats; ii. Handling disaster welfare inquiries from relatives outside the disaster area; . iii. Providing emergency assistance to individuals and families on the basis of need, facilitating their ability to resume living in customary dwellings rather than in shelters; iv. Providing licensed nurses to supplement the existing community health care delivery system; V. Providing emergency and preventative health services, including psycho- social support to disaster victims and workers; vi. Providing referrals to families regarding other available governmental and private assistance and, if necessary, assisting them in making application for such aid; vii. Providing additional recovery assistance on an individual or family basis, when other resources are not available to meet disaster - caused needs. This will be in accordance with Red Cross national standards for additional assistance; and viii. Providing blood and blood products for disaster victims. Red Cross assistance shall be channeled through normal commercial establishments in City to aid in restoring disrupted local economies. All disaster assistance provided by Red Cross to disaster victims shall be an outright grant with no repayment required or requested. 4. METHODS OF COOPERATION AND COORDINATION City and Red Cross mutually agree to cooperate in the development, implementation and coordination of their respective disaster preparedness, operations and training plans. This will be as follows: A. Use of ON Facilities as Care and Reception Centers, Shelters, or Service Centers i. City agrees that after meeting its responsibility to its citizens that it will grant to the Red Cross the use of its physical facilities as set forth in Exhibit "A" subject to the limitations therein, as care and reception, shelter, or service center facilities in times of natural /man -made disasters other than war caused. Exhibit "A" is fully incorporated herein as if set forth in full. ii. The City reserves the right to refuse the use of its physical facilities set forth in Exhibit "A" based on the demands of the emergency situation and the impact of the emergency situation upon the City's facilities, programs, and its residents. iii. The City and Red Cross agree that every reasonable attempt will be made to maintain open lines of communication throughout the time of the natural or man -made disaster other than war caused. iv. The I Cross shall be responsible for the ord' y care and maintenance of the piiysical facilities so used. Such care anu maintenance shall be by regular custodial and maintenance staff of the City. The Red Cross will reimburse the City for the ordinary care and maintenance during the period of its use. 5. INDEMNITY A. Notwithstanding any other agreements, the Red Cross shall defend, hold harmless, and indemnify the City against any legal liability in respect to bodily injury, death and property damage arising from the negligence `o t e e Cross during its use of the property belonging or leased by the City including reasonable attorney's fees and costs. CONFORMITY WITH STATE/FEDERAL AGREEMENTS Nothing in this Agreement shall be considered to invalidate or change any existing agreements currently entered into with Federal or State agencies, by City and/or Red Cross and in the event of future understandings with Federal or State agencies, the Parties may revise this Agreement to assure compliance thereto. This Agreement shall be reviewed annually from the date fully executed and modified as appropriate by mutual agreement of all Parties. CANCELLATION City and Red Cross agree that either party may cancel this Agreement at any time, for any reason, by providing the other party written notice thirty (30) calendar days prior to the termination date. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF NEWPORT BEACH, a Municipal corporation BY:Z,� (?�� Dennis O'Nei , Mayor THE ORANGE COUNTY CHAPTER AMERIC N RED CROSS BY: --� George M. Chitty Chief Executive Officer APPRO , DAS TO FORM: By: Robert H. Burnham, City Attorney ATTEST: By: LaVonne Harkless, City Clerk Dated: ( —3- Dated: Dated: 1/ Exhibit A The City of Newport Beach has identified three City Facilities suitable for care and reception centers, shelters, or service centers during a disaster or emergency situation: the OASIS Senior Center, the Eastbluff Boys and Girls Club, and the West Newport Community Center. It is our desire to cooperate fully with the American Red Cross, yet support the continuation of City sponsored programs and events to the degree reasonable or possible. The following limitations regarding accessibility have been developed in order to protect City interests and avoid confusion during shelter and reception activation. OASIS Senior Center 800 Marguerite Avenue Care and Reception Facility /Shelter Facility/Service Center Non - Accessible: Administrative Offices, Gift Shop, Computer Lab Accessible: Lobby, Multi - purpose Room, Arts and Crafts Room, All Classrooms, Game Room Lawn Area Eastbluff Boys and Girls Club 2555 Vista del Oro Care and Reception Facility/Shelter Facility/Service Center Non- Accessible: Administrative Offices Accessible: Balance of Building West Newport Community Center 883 West 15th Street Care and Reception Facility/Shelter Facility/Service Center Non - Accessible: Accessible: City Workout Room Balance of Building The City of Newport Beach reserves the right to refuse the use of City Facilities as care and reception facilities, shelters, or service centers based on the demands of the situation and impact of the Newport Beach Community, facilities, and programs. Every reasonable attempt will be made by both the Orange County Chapter of the American Red Cross and the City of Newport Beach to maintain open lines of communication throughout the incident. C:\W1ND0WS \TEMP\she1ter1.doc Page 1 of 1