Memorandum of Understanding. Between. The American Red Cross. And. The City of Warrenville

Transcription

1 Memorandum of Understanding Between The American Red Cross And The City of Warrenville

2 I. Purpose The purpose of the Memorandum of Understanding (hereinafter referred to as "MOU") is to document the relationship between the American Red Cross (hereinafter referred to as "ARC - ) and The City of Warrenville (hereinafter referred to as the "City" This MOU provides a broad framework for cooperation between the two organizations in preparing for and responding to disaster situations at all levels and assisting emergency response efforts, where necessary. This agreement describes the broad framework for cooperation between the two organizations to provide assistance and support services to victims of major emergencies or disasters as well as emergency responders, and to coordinate emergency preparedness activities where practical and beneficial. II. Independence of Operations Each party to this MOU will maintain its own identity in providing service. Each organization is separately responsible for establishing its own policies and financing its own activities. III. Organization Descriptions Founded in 1881, the American Red Cross is a humanitarian organization led by volunteers and guided by its Congressional Charter and the Fundamental Principles of the International Red Cross and Red Crescent Movement. The Red Cross provides relief to victims of disasters and helps people prevent, prepare for and respond to emergencies. The Red Cross provides services to those in need regardless of citizenship, race, religion, age, sex, national origin, disability, sexual orientation, veteran status or political affiliation. In providing disaster relief, the American Red Cross has both a legal and a moral mandate that it has neither the authority nor the right to surrender. The American Red Cross has the power and the duty to act in a disaster and its prompt action is expected and supported by the public. The authority of the American Red Cross to perform disaster relief services was established when it was originally chartered by the Congress of the United States in The charter charges the American Red Cross with the following mandate: 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 national calamities, and to devise and carry out measures for preventing those calamities. U.S.C re-codified 2007 Congressional Charter of the American National Red Cross. The American Red Cross's authority to provide disaster services was reaffirmed by federal law in the 1974 Disaster Relief Act (Public Law ) and in the 1988 Robert T. Stafford Disaster Relief and Emergency Assistance Act (PL ). MOU American Red Cross and the City of Warrenville Page 2

3 IV. Methods of Cooperation The ARC and the City desire to expand their mutually-beneficial relationship to enhance community disaster preparedness and coordinate disaster planning and response activities as follows: 1. The ARC and the local municipality will each provide disaster relief services according to the mandate, policies, and procedures of their individual organizations, and pursuant to the City's Code of Ordinances. 2. Both organizations will endeavor to coordinate efforts and maintain communications to maximize timely and comprehensive services to disaster clients and prevent duplication of efforts. 3. To the extent of its abilities, the ARC will provide, at no charge to disaster victims, disaster relief assistance including emergency mass care and individual assistance for individuals with urgent and verified disaster-caused needs. Assistance is provided to sustain human life, reduce the harsh physical and emotional distress that prevents victims from meeting their own basic needs, and promote the recovery of victims when such relief assistance is not available from other sources. 4. ARC assistance to disaster victims is not dependent upon a local, state or federal declaration. All ARC Disaster Services are provided in accordance with the ARC Disaster Services Regulations and Procedures. The ARC will maintain administrative and financial control over its activities. 5. In carrying out its responsibilities to provide for mass care in peacetime disasters, including precautionary evacuations and peacetime radiological emergencies/nuclear accidents, the ARC will operate appropriate shelter facilities and arrange for mass feeding and other appropriate support. In doing so, the ARC will pay related costs only when such activities are under administrative control of or authorized by the ARC, or when prior written agreements have been made for some other organization to provide emergency services on behalf of the ARC. 6. Close liaison will be maintained between the City and ARC by conference, telephone, facsimile, , and other means to facilitate the coordination of resources, both human and material, and the cooperation of the parties in areas of mutual interest. 7. To facilitate client access to additional City resources, the ARC with the approval from the client will share the disaster clients contact information with the City. 8. The City and ARC will include representatives of the other in its committees, task forces, and working groups formed to mitigate, prepare for, respond to and recover from disasters or other emergencies. 9. During emergency operations, the City may provide workspace for liaisons of the ARC in the City's Emergency Operations Center and other locations as appropriate, and the ARC agrees to supply such liaison personnel, if requested to facilitate the communication between agencies and vice versa. MOU American Red Cross and the City of Warrenville Page 3

4 10. The City and ARC agree to keep the other informed of developing disaster and emergency situations and of any known victim or emergency responder needs relating to the disaster or emergency situation. 11. ARC will operate shelters and arrange for mass feeding and other appropriate support, as available. The City volunteers will assist ARC in staffing and arranging for meals as appropriate. 12. During major emergency events or disasters where ARC services are deemed necessary by the ARC, the ARC and the City will advise each other on the actions they have taken, in order to ensure effective assistance to all disaster victims and to ensure efficient use of resources. 13. Vehicles operated by or for the ARC will be considered authorized emergency vehicles for the purpose of proceeding to or entering a disaster site. 14. Each organization agrees to continue cooperative efforts in the areas of disaster preparedness, training and planning. 15. ARC agrees to indemnify, defend and hold the City, its agents and employees, harmless from all claims, causes of action, suits, damages, liabilities, costs, liens, fines, penalties, interest, expenses or demands including without limitation reasonable attorney's fees and litigation costs, expenses incurred by the City in connection with the defense of any action, suit or proceeding in which it is made a party (or so threatened) by reason of any action of ARC, its officers, agents or employees in connection with the performance of this Memorandum of Understanding. 16. To the extent that the Local Government Tort Immunity Act does not immune the acts of the City and its employees, The City agrees to indemnify, defend and hold ARC, its agents, and employees, harmless from all claims, causes of action, suits, damages, liabilities, costs, liens, fines, penalties, interest, expenses or demands including without limitation reasonable attorney's fees and litigation costs, expenses incurred by ARC in connection with the defense of any action, suit or proceeding in which it is make a party (or so threatened) by reason of any action of the City, its officers, agents or employees in connection with the performance of this Memorandum of Understanding. General a. Th e ARC an d the City will use o r d isp lay th e name, emb lem, or trad emarks of th e o th er o rganization on/ v in th e case of d efin ed p rojects and onl y with the p rio r, exp ress, written consent of the other organization. b. The ARC and the City will keep the public informed of their cooperative efforts: c. Will widely distribute this MOU within the respective departments and administrative offices of each organization and urge full cooperation. d. Will allocate responsibility for any shared expenses in writing in advance of any commitment. e. The City agrees to adhere to Attachment B - the Code of Conduct for the International Red Cross and Red Crescent Movement and Non Government Organizations (:V(10's) in Disaster Relief as it applies to disaster-caused situations in the USA. MOU American Red Cross and the City of Warrenville Page 4

5 V. Periodic Review and Analysis Representatives of the ARC and the City will, on an annual basis on or around the anniversary date of this MOU, jointly evaluate their progress in implementing this MOU and revise and develop new plans or goals as appropriate. VI. Term and Termination The parties hereto agree to attempt, in all respects, to coordinate efforts between the two in accordance with the terms of the Agreement and the responsibilities enumerated herein to best serve the community. This MOU does not create a partnership or a joint venture, and neither party has the authority to bind the other. Representatives of ARC and the City will meet annually to evaluate the progress in the implementation of the MOU and to revise and develop new plans, goals or agreements as appropriate. This agreement shall be effective immediately upon the signature of the last party of the agreement. It may be terminated by written notice from either party to the other at any time. VII. Miscellaneous Neither party to this MOU has the authority to act on behalf of the other party or bind the other party to any obligation. This MOU is not intended to be enforceable in any court of law or dispute resolution forum. The sole remedy for non-performance under this MOU shall be termination, with no damages or penalty. MOU American Red Cross and the City of Warrenville Page 5

6

7 ATTACHMENT A Organization Contact Information Primary Points of Contact The primary points of contact in each organization will be responsible for the implementation of the MOU in their respective organizations, coordinating activities between organizations, and responding to questions regarding this MOU. In the event that 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 Attachment A is updated, the revised attachment is inserted in the MOU. The MOU does not need to be signed again. Relationship Manager Contact* American Red Cross The City of Warrenville Contact John Mitchell Contact Title Government Liaison Title Office phone Office phone Mobile Mobile John.rnitchell@redcross.org *The Relationship Manager is the person that works with the partner organization in developing and executing the MOU. Operational Contact** American Red Cross The City of Warrenville Contact ARC Dispatch Contact Title Emergency Dispatch Title Office phone Office phone Mobile Mobile * *The Operational Contact is the person each organization will call to initiate the disaster response activities as defined in the MOU. Organization Information American Red The City of Warrenville Department Disaster Services/Government Liaison Department Address 1293 Windham, Romeoville, IL Address J ohn.mitchell@redcross.org Website Website MOU American Red Cross and the City of Warrenville Page 7

8 ATTACHMENT B Code of Conduct for The International Red Cross and Red Crescent Movement And NGOs in Disaster Relief Principle Commitments: 1. The Humanitarian imperative comes first. 2. Aid is given regardless of the race, creed or nationality of the recipients and without adverse distinction of any kind. Aid priorities are calculated on the basis of need alone. 3. Aid will not be used to further a particular political or religious standpoint. 4. We shall endeavor not to act as instruments of government foreign policy. 5. We shall respect culture and custom. 6. We shall attempt to build disaster response on local capacities. 7. Ways shall be found to involve program beneficiaries in the management of relief aid. 8. Relief aid must strive to reduce future vulnerabilities to disaster as well as meeting basic needs. 9. We hold ourselves accountable to both those we seek to assist and those from whom we accept resources. 10. In our information, publicity and advertising activities, we shall recognize disaster victims as dignified human beings, not hopeless objects. More information about the code of conduct can be found at Code of Conduct Signatories of the Code of Conduct: The International Federation keeps a public record of all the humanitarian organizations that become signatories of the code. The contact details of each organization are verified. Non-governmental Organizations who would like to register their support for this Code and their willingness to incorporate its principles into their work should fill in and return the registration form. MOU American Red Cross and the City of Aurora Page 8