HomeMy WebLinkAboutCC Resolution 11171 (Emergency Management Services MOU)RESOLUTION NO. 11171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT (MOU)
WITH COUNTY OF MARIN OPERATIONAL AREA TO PROVIDE
EMERGENCY MANAGEMENT SERVICES
(Commencing July 1, 2002 through June 30, 2003, in amount of $18,060)
WHEREAS, the City of San Rafael has adopted the Standard 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
function by having the County Emergency Services Office perform certain functions in
cooperation with City Staff; and
WHEREAS, the County of Marin has established performance standards so as to
evaluate their effectiveness in assisting the City;
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 (MOU) with the
County of Marin to provide Emergency Management Services, commencing July 1, 2002 through
June 30, 2003, in amount of $18,060.00.
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
Council of said City held on Monday, the 16th day of September, 2002 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
JE M. LEONC r City Clerk
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MEMORANDUM OF UNDERSTANDING
MARIN OPERATIONAL AREA
THIS AGREEMENT, made and entered into this 2 p day 0
f2002,
by and between the COUNTY OF MARIN, a Political Subdivision of the State of lifornia, 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 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
Emergency Services Office 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.
II. SERVICES
County shall cause the County Emergency Program Manager, and other County Officers and
employees subject to his direction and control, to perform, during the term of this Agreement
the following functions for said City:
A. Emergency Plan — County has provided the format for the City's Emergency
Operations Plan which includes the requirements of the Standardized Emergency
Management System. County will periodically assist in updating the plan as per State
requirements.
B. Federal and State Program Requirements — County will advise City in complying
with State and Federal Emergency Management Program requirements.
Continued
CUh c�,o
MOU
MARIN OPERATIONAL AREA
H. Services
Continued
C. Training—County will provide training to City staff on subject matter related to the
Emergency Operations Plan, the Incident Command System and the Emergency
Operations Center procedures pursuant to the requirements of the Standardized
Emergency Management System. City will insure that appropriate staff participates in
the scheduled training sessions.
D. Exercises — County will assist City with the design and delivery of emergency
management exercises including orientation, tabletop and functional. All exercises
will utilize the Standardized Emergency Management System. City will ensure that
appropriate staff participates in the scheduled exercises.
III. 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 CITY, 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 $18,060 annually per the population base rate
schedule in this Agreement for which the term runs for one (1) fiscal year
commencing on July 1, 2002 through June 30, 2003.
Continued
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MARIN OPERATIONAL AREA
V. TERMS
This Agreement shall commence on July 1, 2002 and shall continue for one (1) fiscal year
thereafter. Either party may terminate this Agreement, effective at the end of the County fiscal
year June 30, 2003, by written notice to do so on or before May 1, 2003.
VI. RATE SCHEDULE
The rate schedule for this agreement is based upon a population percentage rate of the total
population of the incorporated areas of Marin County.
continued
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 this0 day of .2002.
COUNTY OF MARIN, a Political
Subdivision oft to of California,
By
President Pro Tem, Marin County
Board of supervisors
CITY OF SAN RAFAEL, a
Municipal Corporation of the State California,
By�
itle)
Attest:
By
Je 5 . eoncin"
City Clerk
(Title)
Reviewed as to Substance by Department
,f � � i
Sheriff, County of Marin "
6ouReviewed as to for County Counsel
nty Counsel, County of Marin
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