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HomeMy WebLinkAboutCC Resolution 12336 (Emergency Management Services)HSOLUTION NO. 12336 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE COUNTY OF MARIN TO PROVIDE CERTAIN EMERGENCY MANAGEMENT SERVICES (commencing July 1, 2007 through June 30, 2009) WHEREAS, the City of San Rafael has adopted the Standardized Emergency Management System pursuant to the provisions of Division 2, Title 19 of the California Government Code; and WHEREAS, the County of Marin has an established emergency organization functioning under the direction of the County Director of Emergency Services; and WHEREAS, the City of San Rafael could enhance its emergency management capabilities by having the County Office of Emergency Services perform certain functions in cooperation with City staff; and WHEREAS, the City of San Rafael has determined that such an agreement will be in the best interest of the citizens of San Rafael and will enhance the City's capability to effectively provide emergency communications and public warning. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael, does hereby authorize the City Manager to execute an Agreement with the County of Marin to provide certain emergency management services as outlined in the MOU. I, Jeanne M. Leoncini, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 20th day of August, 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None deT;in-e*M.t eancini, City Clerk MEMORANDUM OF UNDERSTANDING MARIN OPERATIONAL AREA THIS AGREEMENT, made and entered into this V_ day of (QVOKVK, 2007, by and between the COUNTY OF MARIN, a Political Subdivision of the State of California, acting by and through its Board of Supervisors, hereinafter referred to as "County" and the City of SAN RAFAEL, a municipal corporation of the State of California, hereinafter referred to as "City." WITNESSETH: WHEREAS, County has adopted the Standardized Emergency Management System pursuant to the provisions of Division 2, Title 19 of the California Government Code; and WHEREAS, County has adopted the National Incident Management System pursuant to the provisions of the President's Homeland Security Directive -5 (Management of Domestic Incidents); and WHEREAS, County has presently existing a well-established Emergency Operations Plan, and a presently existing, well-established Emergency Organization functioning under the County Director of Emergency Services pursuant to Section 2.99 of the Marin County Code; and WHEREAS, it would be naturally advantageous to the parties hereto to have the County Sheriff's Office of Emergency Services perform certain functions for the said City; NOW, THEREFORE, in consideration of the covenants and agreements herein contained, it is mutually agreed, in accordance with the terms and provisions of the California Emergency Services Act (Title 2, Division 1, Chapter 7 of the Government Code), as follows: I. LIAISON County agrees to appoint a person, at staff level, as a liaison person to City, and City agrees to appoint a primary point of contact person to County. The employee(s) who is (are) assigned to act as liaison to the City shall not be an employee of the City. The personnel management of such employee is the responsibility of the County. H. SERVICES County shall cause the County Emergency Program Manager, and other County Officers and employees subject to his direction and control, to perform in coordination with and at the request of the City, during the term of this Agreement those functions identified in Attachment A (Scope of Services) for said City. Continued MOU MARIN OPERATIONAL AREA M. INDEMNIFICATION A. The CITY agrees to defend, indemnify, hold harmless and release the COUNTY, its Board of Supervisors, and the officers, agents, and employees of the COUNTY, from and against any and all actions, claims, damages, disabilities, or expenses that may be asserted by any person or entity including the CITY, arising out of or in connection with the activities of the CITY, its Council, the officers, agents, and employees of the CITY pursuant to this Agreement whether or not there is concurrent negligence on the part of the COUNTY but excluding liability due to the sole active negligence or sole willful misconduct of the COUNTY. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for the CITY or its agents under workers' compensation acts, disability benefits acts, or other employee benefit acts. B. The COUNTY agrees to defend, indemnify, hold harmless, and release the CITY, its Council, and the officers, agents, and employees of the CTTY, from and against any and all actions, claims, damages, disabilities, or expenses that may be asserted by any person or entity including the COUNTY, arising out of or in connection with the activities of the COUNTY, its Board of Supervisors, the officers, agents, and employees of the COUNTY pursuant to this Agreement whether or not there is concurrent negligence on the part of the CITY but excluding liability due to the sole active negligence or sole willful misconduct of the CITY. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for the COUNTY or its agents under workers' compensation acts, disability benefits acts, or other employee benefit acts. IV. COMPENSATION City agrees to pay County a fee of $5,000 annually commencing on July 1, 2007 through June 30, 2009. V. TERMS This Agreement shall commence on July 1, 2007 and shall continue for two (2) fiscal years thereafter. Either party may terminate this Agreement, effective at the end of the County fiscal year, June 30, 2009, by written notice to do so on or before May 1, 2009. The rights and obligations of the withdrawing party shall terminate at the end of the County fiscal year after the date of notice. Continuer! MOU MARIN OPERATIONAL AREA IN WITNESS WHEREOF, COUNTY OF MARIN, acting and through its Board of Supervisors, and the City of SAN RAFAEL, acting by and through its Council, have caused this Agreement to be executed as of this 64— day of _pW4uV bef , 2007. COUNTY OF MARIN, a Political Subdivision�ofthe AState of California, By 1 President, Board�of Supesv� CITY OF SAN RAFAEL, a Municipal Corporation of th State of California, By Kt RDHOFF, J City Ma er (Title) Attest: By NNE M. LEO CINI, Citv Clerk (Title) Reviewed as to Substance by Department Sheriff, County of Marin Reviewed as to fibrin by City Attorney Cify Attorney, City of San Rafael Reviewed as to form by County Counsel County Counsel, County of Marin Continued