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Home My WebLink AboutCC Resolution 10690 (Emergency Management Service)RESOLUTION 10690 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 SERVICE (Commencing July 1, 2000 through June 30, 2001) 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 with the County of Marin to provide Emergency Management Services. 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 on the 7th day of Auaust. 2000, by the following vote, to wit: AYES: COUNCILMEMBERS : Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS : None ABSENT: COUNCILMEMBERS : None 344Aµ-%. JEA'f�JNE M. LEOCINI, City Clerk MEMORANDUM OF UNDERSTANDING MARIN OPERATIONAL AREA THIS AGREEMENT, made and entered into this 7th day of AUGUST 12000, by and between the COUNTY OF MAM, 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 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. H. 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 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 ofthe 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, 2000 through June 30, 2001. continued 2 MOU 1lI4RIN OPERATIONAL AREA V. TERMS This Agreement shall commence on July 1, 2000 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, 2001, by written notice to do so on or before May 1, 2001. If City terminates this agreement prior to June 30, 2001, said City shall be responsible for their full share of cost for the remainder of the one (1) year stated in the Agreement. Vl. 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 RAF�L, actin y and through its Council, have caused this Agreement to be executed as of this 3171 day of , 2000. COUNTY OF MARIN, a Political Subdivision Qfj a State of alifo ia, a By— Steve Kinsey President, Board of Supervisors County of Marin CITY OF SAN RAFAEL, a Municipal Corporation of the State of California, By Attest: By L t IVL 1 N 1 Citv Clerk (Title) Revie d as to Substancby Department Sheriff, County of Marin t7or,n:by yCounty Counsel nsel, County of Marin - CLARK E, CAMXAN Assistant City Atto ney