Salvation Army College for Officer Training at Crestmont MEMORANDUM OF UNDERSTANDING
I. BACKGROUND
This memorandum of understanding ("MOU") will serve as an agreement between
the City of Rancho Palos Verdes ("City") and the Salvation Army College for
Officer Training at Crestmont ("Salvation Army") regarding the City's use of the
Salvation Army's facilities at its Crestmont campus ("Crestmont"), which is
located adjacent to City Hall, during times of a natural disaster or other such
emergency that may be declared by local, state or federal officials.
By signature and approval of this MOU, the City and Salvation Army declare and
agree that the parties and their principals have read, understood, and agree to the
terms set forth in this document.
II. PURPOSE
In times of emergency, the City operates an Emergency Operations Center
("EOC") at its City Hall through which it coordinates emergency operations within
the City of Rancho Palos Verdes with police, fire, and other emergency response
agencies. The City's EOC, when activated, is operational 24 hours per day, and is
staffed by personnel working in two, 12-hour shifts.
The City presently has no living or sleeping facilities available for use of off-shift
EOC members. In recognition of the importance of the City's EOC, the need for
continuity of local government during emergencies, and a desire to continue its
role as a community leader, the Salvation Army wishes to provide sleeping
facilities to off-shift members of the City's EOC at Crestmont.
III. TERMS
Subject to the then-existing use of the dormitory facilities by the Salvation Army
or its guests or invitees, the Salvation Army offers the City the use of its dormitory
facilities at Crestmont to house up to 45 members of the City's EOC staff at the
Crestmont facility when the City's EOC has been activated and operational for a
period of more than 12 hours under the following terms and conditions:
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1. The City understands and acknowledges that off-shift EOC staff members
are not employees of the Salvation Army, and that the Salvation Army
provides no Worker's Compensation or other benefit or liability insurance
coverage for the benefit of the City or any of the City's employees, officers,
contractors or EOC personnel or any other emergency personnel.
2. The City agrees to ensure that all off-shift EOC staff members are registered
Disaster Service Workers or otherwise have been designated by the City as
essential emergency personnel.
3. A request by the City to use the Crestmont facilities must be made by the
Rancho Palos Verdes City Manager, the Rancho Palos Verdes Deputy City
Manager, or his or her designated agent.
4. The City's off-shift EOC staff members using Crestmont's facilities will act
at all times in a safe, professional manner, consistent with the conduct
expected of all Crestmont staff and guests.
5. The City off-shift EOC staff members using Crestmont's facilities will
adhere to the no alcohol and no smoking rules of the facility.
6. The City of Rancho Palos Verdes will reimburse Crestmont for any
housekeeping and meals services that may be provided by Crestmont to off-
shift EOC staff members during times of use (amount to be determined).
IV. DURATION OF USE
Subject to availability for use, the Salvation Army agrees to make its dormitory
facilities at Crestmont available to the City's off-shift EOC staff whenever an
emergency situation exists and the City has activated and staffed its EOC for a
period of more than 12 hours.
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Notwithstanding the foregoing, the Salvation Army retains the right to restrict or
immediately prohibit use by the City of its facilities, if Crestmont, in its sole
discretion, believes that the City has breached any material term of this MOU.
V. LIABILITY
The City shall release, hold harmless, indemnify and defend the Salvation Army,
its officers, agents, and employees, from any and all claims, damages, or costs
arising out of the City's use of the Crestmont facilities, other than claims that arise
from the gross negligence or willful misconduct of the Salvation Army, or its
officers, agents, or employees.
VI. DURATION, AMENDMENT, AND TERMINATION OF AGREEMENT
This MOU shall take effect upon signing and acceptance by both parties. This
MOU shall remain in effect until terminated by either party. Either party may
terminate this MOU with our without cause at any time by providing ten days
advance written notice to the other party. This MOU may be amended by mutual
written agreement of both parties.
VII. Miscellaneous Provisions.
A. The titles used in this MOU are for general reference only and are
not part of the MOU.
B. This MOU represents the entire and integrated agreement between
the City and the Salvation Army and supersedes all prior
negotiations, representations or agreements, either written or oral.
C. In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this MOU
shall not be resolved by any rules of interpretation providing for
interpretation against the party who causes the uncertainty to exist
or against the party who drafted the MOU or who drafted that
portion of the MOU.
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D. Waiver by either party of any one or more of the conditions of
performance under this MOU shall not be a waiver of any other
condition of performance under this MOU.
E. If any term or portion of this MOU is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions of this MOU shall continue in full force and
effect.
F. Any notice or other communication authorized or required by this
MOU shall be in writing and shall be deemed received on (a) the
day of delivery if delivered by hand or overnight courier service
during regular business hours or (b) on the third business day
following deposit in the United States mail, postage prepaid, to the
addresses listed below, or at such other address as one party may
notify the other:
To CITY:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To Salvation Army
Address:
[Signatures on next page]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the date and year first above written.
MAR 2 0 2015
Dated: SALVATION ARMY
C
By: 11
Vidor R.Doughty
Secretary
Dated:
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'/'� CITY OF RANCHO PALOS VERDES
By: �`�
M or
ATTEST:
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City Clerk
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