Memorandum of Understanding

This memorandum of understanding is between Portland, Oregon, a political subdivision of the State of Oregon, hereafter referred to as CITY, and the Oregon Trail Chapter of the American Red Cross, a private, not-for-profit, voluntary organization, hereafter referred to as CHAPTER.

WHEREAS, the City and the Chapter both traditionally have provided what assistance they had available to victims of natural or person-made disasters; and

WHEREAS, City and Chapter understand that the agreements which follow are made only to the extent that circumstances do not prevent their execution.

NOW, THEREFORE, IT IS UNDERSTOOD THAT:

A.  The CITY will:

1.  Allow a CHAPTER Liaison representative to be present in the Emergency Operation Center (EOC) when the EOC is activated due to emergencies, to ensure coordination between the Red Cross and other agencies represented within the EOC;

2.  On a case by case basis, the City Emergency Management Coordinator will allow a CHAPTER Liaison representative to be present in the Emergency Operation Center (EOC) when the EOC is activated due to training exercises, to ensure coordination between the Red Cross and other agencies represented within the EOC

3.  Inform the CHAPTER at the earliest possible time of the nature, likely duration and scope of an emergency or training exercise and the services requested from the CHAPTER;

4.  Coordinate emergency response activities with the CHAPTER through the CITY Office of Emergency Management or others as delegated;

5.  Collaborate with the CHAPTER as needed in appropriate emergency situations by providing field communications support and in transporting people and supplies; and

6.  Include the CHAPTER in the CITY emergency management planning process and the development of emergency preparedness procedures where applicable.

B.  The CHAPTER will:

1.  Determine in coordination with the CITY Office of Emergency Management the appropriate facilities to be used as shelter location(s) for disaster victims after determination of the nature, location, duration and scope of emergency (possible locations include schools, churches and other community facilities identified in the emergency preparedness stage);

2.  During an emergency, attempt to find safe locations for people in need of structures at various locations. These are known as “shelters” during the emergency.

3.  Attempt to select, train and supervise Red Cross shelter managers to staff Red Cross shelters for both the emergency preparedness and disaster response stages;

4.  Provide a liaison to work in the EOC during training exercises and disaster responses to ensure communications between the Red Cross and other agencies;

5.  Attempt to open shelters within two hours of notification by the CITY of the need for services;

6.  Provide suitable space for residential uses, i.e. sleeping, eating, sanitation and recreation areas in the shelter(s);

7.  Provide meals on-site at shelters within a maximum of four hours of their opening;

8.  Provide relief and recovery services to disaster victims within the established procedures of the American Red Cross;

9.  Provide counseling services to victims of person-made and natural disasters in Red Cross shelters and Service Centers and, as appropriate, through referrals;

10.  Register shelter residents and Red Cross clients admitted to area hospitals. (This information will only be provided to others with the permission of the client(s));

11.   Provide liaison with other Red Cross Chapters; and

 12.  Provide to the City, certification of workers’ compensation insurance coverage for all Red Cross employees and volunteers, subject to City acceptance.

C.  The CITY and the CHAPTER will:

1.  Share damage assessment and survey information to support operational activity due to the need of government to provide accurate information to state and federal authorities;

2.  Participate in regional, cross-jurisdictional planning for preparedness and operations with other political subdivisions and social service agencies; and

4.  Jointly and independently provide preparedness and response information to the community to improve safety and survival of the population.

D.  The parties agree that

1.  The CHAPTER and its employees, subcontractors, agents, and volunteers are not employees of the CITY and are not eligible for any benefits through the City, including without limitation, federal social security, health benefits, workers compensation, unemployment compensation, and retirement benefits. The CHAPTER is responsible for providing workers compensation coverage for its employees.

2.  The CHAPTER is strictly and solely responsible for choosing and directing the work of it employees and volunteers. The CITY shall not be liable for the actions of the CHAPTER’S employees, subcontractors, agents or volunteers.

3.  To the extent permitted by law the City of Portland agrees to defend, hold harmless, and indemnify the Oregon Trail Chapter of the American Red Cross against any legal liability, including reasonable attorneys fees, in respect to bodily injury, death, and property damage arising from the negligence of City of Portland in the performance of its responsibilities specified by this Memorandum of Understanding.

4.  Notwithstanding any other agreements, the Oregon Trail Chapter of the American Red Cross officers, employees, subcontractors, agents, or volunteers agree to defend, hold harmless, and indemnify the City of Portland against any legal liability, including reasonable attorneys fees, in respect to bodily injury, death, and property damage arising from the negligence of the Oregon Trail Chapter of the American Red Cross in the performance of its responsibilities specified by this Memorandum of Understanding.

We, the undersigned, on behalf of the CITY and the CHAPTER, agree to provide the above outlined services in working with each other in preparing for and responding to any natural or man-caused disaster during which city residents require basic assistance with shelter, food and other emergency needs.

This agreement shall be in effect for five (5) years from the date of signing below and can be renewed for an additional five- (5) years upon the agreement of both the City of Portland and the Chapter Chair of the Oregon Trail Chapter of the American Red Cross.

This agreement may be terminated by either party with thirty days written notice.

DATED this __________ day of __________, 2002