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HomeMy WebLinkAbout12-57 Resolution No. 12-57 RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE AMERICAN RED CROSS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS. that David J. Kaptain, Mayor, be and is hereby authorized and directed to execute a Memorandum of Understanding with The American Red Cross on behalf of the City of Elgin to provide a framework for cooperation between The American Red Cross and the City of Elgin in preparing for and responding to disaster situations and assisting emergency response efforts, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: March 21, 2012 Adopted: March 21, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Memorandum of Understanding between The American Red Cross and The City of Elgin American Red Cross 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 Elgin, Illinois, a municipal corporation (hereinafter referred to as the `'City"). This MOU provides a broad framework for cooperation between the parties hereto in preparing for and responding to disaster situations at all levels and assisting emergency response efforts, where necessary. This MOU describes the broad framework for cooperation between the parties hereto 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. 11. Independence of Operations Each party to this MOU will maintain its own identity in providing service. Each party hereto is separately responsible for establishing its own policies and financing its own activities. III. ARC Organization Founded in 1881, ARC 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. ARC provides relief to victims of disasters and helps people prevent, prepare for and respond to emergencies. ARC 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, ARC has both a legal and a moral mandate that it has neither the authority nor the right to surrender. ARC 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 ARC to perform disaster relief services was established when it was originally chartered by the Congress of the United States in 1905. The charter charges ARC 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. §§300101-300111 re-codified 2007 Congressional Charter of the American National Red Cross. ARC authority to provide disaster services was reaffirmed by federal law in the 1974 Disaster Relief Act (Public Law 93-288) and in the 1988 Robert T. Stafford Disaster Relief and Emergency Assistance Act (PL 100-707). MOU—American Red Cross and The City of Elgin Page 2 of 8 Document version 12/21/2011 III. Methods of Cooperation 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. ARC and the City 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 parties hereto 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. 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 ARC Disaster Services Regulations and Procedures. 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,ARC will operate appropriate shelter facilities and arrange for mass feeding and other appropriate support. In doing so, ARC will pay related costs only when such activities are under administrative control of or authorized by ARC, or when prior written agreements have been made for some other organization to provide emergency services on behalf of ARC. 6. Close liaison will be maintained between the City and ARC by conference, telephone, facsimile, email, 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, 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 ARC in the City's Emergency Operations Center and other locations as appropriate, and ARC agrees to supply such liaison personnel, if requested to facilitate the communication between agencies and vice versa. 10. The City and ARC agree to keep the other informed of 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. City volunteers will assist ARC in staffing and arranging for meals as appropriate. MOU—American Red Cross and The City of Elgin Page 3 of 8 Document version 12/21/2011 12. During major emergency events or disasters where ARC services are deemed necessary by the City; 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 ARC will be considered authorized emergency vehicles for the purpose of proceeding to or entering a disaster site. 14. Each party hereto agrees to continue cooperative efforts in the areas of disaster preparedness, training and planning. IV. General a. ARC and the City will use or display the name, emblem, or trademarks of the other party hereto only in the case of defined projects and only with the prior, express, written consent of the other party hereto. b. ARC and the City will use their best efforts to generally inform the public of their cooperative efforts. c. ARC and the City will widely distribute this MOU within their respective departments and administrative offices of each party hereto and urge full cooperation. d. ARC and the City 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 (Ngo's) in Disaster Relief as it applies to disaster—caused situations in the USA. V.Periodic Review and Analysis Representatives of ARC and the City will, on an annual basis, on or around the anniversary date of this MOU,jointly evaluate their program in implementing this MOU and revise and develop new plans or goals as may be appropriate. VI. Term and Termination The parties hereto shall each use their best efforts, in all respects, to coordinate efforts between them in accordance with the terms of this MOU, and the responsibilities enumerated herein to best serve the community. This MOU shall be effective immediately upon the signature of the last party of the MOU. It may be terminated by written notice from either party to the other at any time. MOU—American Red Cross and The City of Elgin ' Page 4 of 8 Document version 12/21/2011 VII. No Partnership This MOU shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto, except as may be specifically provided for herein. VIII. Sole Agreement This MOU is the only agreement between the parties hereto regarding the subject matter hereof. There are no other agreements, oral, written or implied, between the parties hereto regarding the subject matter hereof. IX.Third Parties This MOU is not intended to and shall not be construed so as to benefit any third party or to create any special duties, rights or obligations as to any third parties. X. 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 Elgin Page 5 of 8 Document version 12/21/2011 American Red Cross - 6 - VIII. Signatures American Red Cross City of Elg'n By: By: 'Signature Signature Name: LaForice Nealy Name: David J Kaptain Print Name Print Name Title: Chief Operating Officer Title: Mayor Print Title Print Title Date: Date: March 21, 2012 MOU American Red Cross Page 6 of 8 Document version:06/28/11 I 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 City of Elgin Contact Ronald Carlson Contact Title Government Liaison Title Office phone 847-878-6689 Office phone Mobile 847-878-6689 Mobile e-mail Carlson usa.redcross.or e-mail *The Relationship Manager is the person that works with the partner organization in developing and executing the MOU. Operational Contact** American Red Cross City of Elgin Contact ARC Dispatch Contact Title Emergency Dispatch Title Office phone 877-597-0747 Office phone Mobile Mobile e-mail e-mail **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 City of Elgin Department Disaster Services/Government Liaison Department Address 1293 Windham, Romeoville, 1160446 Address e-mail carlsonrRusa.redcross.or1g e-mail Website www.redcross.or4 Website MOU—American Red Cross and the City of Elgin Page 7 of 8 Attachment A—Organization Contact Information Document version: 12/21/2011 1 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 www.ifrc.org—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 Elgin Page 8 of 8 Attachment C—Roles and Responsibilities Document version: 12/21/2011 ii REPORT TO MAYOR & MEMBERS OF CITY COUNCIL ELGIN THE CfTY IN THE SUBURBS- AGENDA ITEM: M MEETING DATE: March 7, 2012 ITEM: Memorandum of Understanding with the American Red Cross to Provide Assistance and Support Services (No Cost to the City) OBJECTIVE: Provide a broad framework for cooperation between the American Red Cross and the city to provide assistance to victims of major disasters within Elgin. RECOMMENDATION: Approve the memorandum of understanding agreement with the American Red Cross for services to victims of disaster situations. BACKGROUND In September of 2011, the fire department was approached by Ron Carlson of the American Red Cross to develop an agreement between the city of Elgin and his organization. This agreement, a memorandum of understanding, provides that the American Red Cross will offer assistance and support services to Elgin victims of major emergencies or disasters. Additionally, the American Red Cross can offer deployment of emergency responders to assist with the coordination of emergency preparedness activities where practical and beneficial. OPERATIONAL ANALYSIS The American Red Cross offers services for victims of major emergencies at no cost to them or to the city. Services provided include relief assistance, emergency mass care and individual assistance for those with urgent and verified disaster-caused needs. The American Red Cross strives to help to sustain human life and reduce the harsh physical and emotional distress that prevents victims from meeting their own basic needs. Currently, Elgin responds to victim needs by providing a packet of information entitled "After the Fire," which includes no direct assistance, but information on how to obtain assistance. By entering into this memorandum of understanding with the American Red Cross, Elgin's response to victim needs will be greatly improved; victims will have the option of receiving personal help meeting their immediate needs after a catastrophe. • 1 • INTERESTED PERSONS CONTACTED The American Red Cross and the Elgin fire department worked collaboratively throughout the process of developing this agreement. FINANCIAL ANALYSIS There are no direct costs associated with executing this memorandum of understanding. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE N/A N/A N/A N/A N/A LEGAL IMPACT None. ALTERNATIVES • The city council may choose not to enter into this memorandum of understanding with the American Red Cross, leaving Elgin's victim response to disasters unchanged. NEXT STEPS Execute the memorandum of understanding between the American Red Cross and the city of Elgin. Originators: John P. Fahy, Fire Chief Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A: Memorandum of Understanding with the American Red Cross • (ice 2 Memorandum of Understanding between The American Red Cross and The City of Elgin American Red Cross • • L 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 Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"). This MOU provides a broad framework for cooperation between the parties hereto in preparing for and responding to disaster situations at all levels and assisting emergency response efforts, where necessary. This MOU describes the broad framework for cooperation between the parties hereto 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 party hereto is separately responsible for establishing-its own policies and financing its own activities. M. ARC Organization Founded in 1881, ARC 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. ARC provides relief to victims of disasters and helps people prevent, • prepare for and respond to emergencies. ARC 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; ARC has both a legal and a moral mandate that it has neither the authority nor the right to surrender. ARC 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 ARC to perform disaster relief services was established when it was originally chartered by the Congress of the United States in 1905. The charter charges ARC 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. §§300101-300111 re-codified 2007 Congressional Charter of the American National Red Cross. ARC authority to provide disaster services was reaffirmed by federal law in the 1974 Disaster Relief Act (Public Law 93-288) and in the 1988 Robert T. Stafford Disaster Relief and Emergency Assistance Act (PL 100-707). • MOU—.American Red Cross and The City of Elgin Page 2 of 8 Document version 12121!2011 • III. Methods of Cooperation 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. ARC and the City 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 parties hereto 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. 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 ARC Disaster Services Regulations and Procedures. 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,ARC will • operate appropriate shelter facilities and arrange for mass feeding and other appropriate support. In doing so, ARC will pay related costs only when such activities are under administrative control of or authorized by ARC, or when prior written agreements have been made for some other organization to provide emergency services on behalf of ARC. 6. Close liaison will be maintained between the City and ARC by conference, telephone, facsimile, email, 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,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 ARC in the City's Emergency Operations Center and other locations as appropriate, and ARC agrees to supply such liaison personnel, if requested to facilitate the communication between agencies and vice versa. 10. The City and ARC agree to keep the other informed of 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. City volunteers will assist ARC in staffing and arranging for meals as appropriate. • MOU—American Red Cross and The City of Elgin Page 3 of 8 Document version 12/21/2011 • 12. During major emergency events or disasters where ARC services are deemed necessary by the City;ARC and the City will advise each other on the actions they have taken, in order to ensure effective assistance to ail disaster victims and to ensure efficient use of resources. 13. Vehicles operated by or for ARC will be considered authorized emergency vehicles for the purpose of proceeding to or entering a disaster site. 14. Each party hereto agrees to continue cooperative efforts in the areas of disaster preparedness, training and planning. IV. General a. ARC and the City will use or display the name, emblem, or trademarks of the other party hereto only in the case of defined projects and only with the prior, express, written consent of the other party hereto. b. ARC and the City will use their best efforts to generally inform the public of their cooperative efforts. c. ARC and the City will widely distribute this MOU within their respective departments and administrative offices of each party hereto and urge full cooperation. d. ARC and the City 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(Ngo's) in Disaster Relief as it applies to disaster—caused situations in the USA. V. Periodic Review and Analysis Representatives of ARC and the City will, on an annual basis, on or around the anniversary date of this MOU,jointly evaluate their program in implementing this MOU and revise and develop new plans or goals as may be appropriate. VI. Term and Termination The parties hereto shall each use their best efforts, in all respects, to coordinate efforts between them in accordance with the terms of this MOU, and the responsibilities enumerated herein to best serve the community. This MOU shall be effective immediately upon the signature of the last party of the MOU. It may be terminated by written notice from either party to the other at any time. • MOU—American Red Cross and The City of Elgin Page 4 of 8 Document version 12/21/2011 I • VII.No Partnership This MOU shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto, except as may be specifically provided for herein. VIII. Sole Agreement This MOU is the only agreement between the parties hereto regarding the subject matter hereof There are no other agreements, oral, written or implied, between the parties hereto regarding the subject matter hereof. IX. Third Parties This MOU is not intended to and shall not be construed so as to benefit any third party or to create any special duties, rights or obligations as to any third parties. X.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 taw 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 Elgin Page 5 of 8 Document version 12/2I/2011 • Signatures American Red Cross By: B`: Signa a Signature Name: La Forice Nealy Name: Print Name Print Name Title: Chief Operating Officer Title: Print Title Print Title Date: Date: • 6 • 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 City of Elgin Contact Ronald Carlson Contact Title Government Liaison Title Office phone 847-878-6689 Office phone Mobile 847-878-6689 Mobile e-mail carlson @usa.redcross.org e-mail *The Relationship Manager is the person that works with the partner organization in developing and executing the MOU. Operational Contact** American Red Cross City of Elgin Contact ARC Dispatch Contact Title Emergency Dispatch Title Office phone 877-597-0747 Office phone Mobile Mobile e-mail e-mail "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 City of Elgin Department Disaster Services/Government Liaison Department Address 1293 Windham, Romeoville, 11 60446 Address e-mail carlsonrnusa.redcross.org e-mail Website www.redcross.or Website • MOU—American Red Cross and the City of Elgin Page 7 of 8 Attachment A—Organization Contact Information Document version: 12/21/2011 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 www.ifrc.org—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 Elgin Page 8 of 8 Attachment C—Roles and Responsibilities Document version: 12/21/2011