Report Prepared by: Jeff Bennyhoff, Director of Information Technology
Title
SUBJECT: Consider Approval of a Memorandum of Understanding Between the City of Merced and the City of Tulare for a Technology Disaster Recovery Site Partnership
REPORT IN BRIEF
Considers approving a Memorandum of Understanding (MOU) between the City of Merced and the City of Tulare establishing a reciprocal Technology Disaster Recovery Site Partnership. The agreement creates the framework for future disaster recovery collaboration between the two cities by providing the opportunity to utilize each other's municipal facilities to support disaster recovery infrastructure and continuity planning.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Memorandum of Understanding between the City of Merced and the City of Tulare establishing a Technology Disaster Recovery Site Partnership; and,
B. Authorizing the City Manager to execute the Memorandum of Understanding and any minor administrative documents necessary to implement the agreement.
Body
ALTERNATIVES
1. Approve the Memorandum of Understanding as recommended by staff; or,
2. Deny the request; or,
3. Refer the item back to staff for additional review; or,
4. Continue the item to a future City Council meeting.
AUTHORITY
California Code, Government Code § 8610
MMC 8.20 - Disaster Control, § 8.20.100
CITY COUNCIL PRIORITIES
As provided for in the 2026-2027 Adopted Goals & Priorities.
DISCUSSION
The City of Merced relies on information technology systems to deliver essential government services, including public safety, finance, payroll, utility billing, permitting, legislative operations, and numerous other municipal functions. As technology has become integral to City operations, the ability to recover critical systems following a disaster has become an important component of maintaining continuity of government.
Merced Municipal Code Chapter 8.20 establishes the City’s Emergency Organization and Disaster Council. Among its responsibilities, the Disaster Council is charged with advising the City Council on emergency preparedness and recommending emergency plans, mutual aid plans and agreements, and other measures necessary to improve the City’s ability to prepare for, respond to, and recover from disasters. While the City’s Disaster Council has not been formally dissolved, it has not been active for many years. Merced County is currently working with local jurisdictions to establish a countywide Disaster Council that will include representatives from the respective cities within the county. Working under the Merced County Disaster Council will be four subcommittees: Alert and Warning/Communications, Planning and Preparedness, Training and Exercise, and Recovery and After Action. Once the countywide Disaster Council is established, the City of Merced will bring forward a revised ordinance for City Council consideration and approval. This effort will support countywide alignment on disaster preparedness, emergency response, coordination, and recovery throughout the operational area.
The City's current emergency management framework, including the Emergency Operations Plan (EOP), Emergency Operations Center (EOC) procedures, and Continuity of Operations (COOP) planning documents, were adopted in 2011 through Resolution No. 2011-74. Since that time, the City's technology environment has changed significantly with increased reliance on cloud computing, enterprise applications, cybersecurity protections, remote access technologies, and digital government services.
Merced County, in coordination with local jurisdictions, has completed updates to the County’s Emergency Operations Plan, Emergency Operations Center procedures, and Continuity of Operations planning documents to reflect current emergency management practices. As part of this effort, the City of Merced has developed a City-specific annex that addresses the City’s unique organization, operations, and continuity requirements while remaining integrated within the County’s regional emergency management framework. These updated emergency operations planning documents will be brought forward to the City Council for consideration and approval once the countywide Disaster Council is fully established and city ordinance is in alignment with Merced County Disaster Council.
Rather than waiting until those planning efforts are complete or the proposed regional disaster council becomes operational, staff is recommending approval of this Memorandum of Understanding to establish a technology disaster recovery partnership that can be incorporated into the City's overall continuity and disaster recovery strategy as planning efforts are completed.
Proposed Memorandum of Understanding
The proposed Memorandum of Understanding establishes a reciprocal Technology Disaster Recovery Site Partnership between the City of Merced and the City of Tulare.
Under the agreement, each city agrees to make available secure data center rack space, reliable electrical service with emergency backup power, cooling infrastructure, physical security, limited on-site technical assistance, and temporary workspace during a declared emergency.
The Memorandum of Understanding establishes the legal framework for each city to host the other's disaster recovery infrastructure within existing municipal facilities. Any disaster recovery technology deployed under the agreement will be planned, procured, and implemented through future technology projects as funding and operational priorities allow.
Why Tulare?
Staff evaluated several factors when identifying an appropriate disaster recovery partner.
The City of Tulare provides sufficient geographic separation to reduce the likelihood that the same regional disaster would affect both jurisdictions while remaining close enough for practical coordination when necessary. Tulare also maintains secure municipal data center facilities and operates a technology environment similar to the City of Merced, making the partnership operationally compatible.
Both cities provide similar municipal services and operate comparable technology environments, making each well positioned to support the other's future disaster recovery and continuity planning needs. The reciprocal nature of the agreement allows both agencies to strengthen resiliency by leveraging existing public infrastructure and technical expertise.
Why Not Simply Use Cloud Services?
The City already utilizes cloud-based services where appropriate. Cloud services are an important component of the City's overall technology strategy but do not eliminate the need for disaster recovery planning.
Many critical technology components continue to rely upon physical infrastructure, including network equipment, cybersecurity appliances, identity management systems, backup repositories, and specialized applications that cannot be fully migrated to the cloud. In addition, migrating every system to the cloud is not always technically feasible, operationally appropriate, or financially prudent.
Industry best practices recommend a layered disaster recovery strategy that combines cloud services, local backups, and geographically separated recovery capabilities. This partnership complements the City's existing cloud investments by leveraging existing municipal facilities rather than relying solely on commercial hosting solutions.
Relationship with Merced County
The proposed partnership is intended to complement, not replace, the City's existing emergency management relationships within Merced County.
The City will continue to coordinate with Merced County on emergency preparedness, mutual aid, continuity planning, and technology initiatives. As part of the ongoing update to the County's Emergency Operations Plan and Continuity of Operations planning documents, the City is developing a City-specific annex that addresses its operational and technology continuity requirements. This agreement provides an additional technology disaster recovery partnership that will complement both the City's annex and the County's broader regional emergency management framework.
Future Integration into Emergency Planning
The Memorandum of Understanding establishes the long-term relationship necessary for the City to develop and maintain disaster recovery capabilities as funding and operational priorities permit.
As Merced County completes updates to its Emergency Operations Plan, Emergency Operations Center procedures, and Continuity of Operations planning documents, the City of Merced's annex will incorporate this partnership as one component of the City's technology continuity and disaster recovery strategy.
IMPACT ON CITY RESOURCES
No appropriation of funds is required for approval of the Memorandum of Understanding.
The Memorandum of Understanding establishes a cooperative framework between the City of Merced and the City of Tulare but does not authorize the purchase or deployment of disaster recovery technology. The agreement does not require either city to compensate the other for providing data center space, emergency power, cooling, temporary workspace, or facility access. Each city remains responsible for its own equipment, software, maintenance, telecommunications connectivity, and any future disaster recovery investments.
Future equipment, telecommunications, software, or infrastructure necessary to support disaster recovery operations will be evaluated separately and brought forward through the City's annual budget or Capital Improvement Program, as appropriate.
By leveraging existing municipal infrastructure, the agreement provides a cost-effective foundation for future disaster recovery initiatives while avoiding the significantly higher costs associated with constructing, leasing, and operating a dedicated secondary data center or commercial colocation facility.
ATTACHMENTS
1. Memorandum of Understanding Between the City of Merced and the City of Tulare for Technology Disaster Recovery Site Partnership.