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Home My WebLink AboutCC Resolution 10517 (Emergency Management Services MOU)RESOLUTION NO. 10517 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, 1999 through June 30, 2000) 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 18th day of OCTOBER , 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEA� DIEM.LEONCINI, City Clerk ORIGINAL jos`^ MEMORANDUM OF UNDERSTANDING MARIN OPERATIONAL AREA THIS AGREEMENT, made and entered into this 18th day of OCTOBER 1999 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 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 County Government 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 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, 1999 through June 30, 2000. continued 2 MOU MARIN OPERATIONAL AREA V. TERMS This Agreement shall commence on July 1, 1999 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, 2000, by written notice to do so on or before May 1, 2000. If City terminates this agreement prior to June 30, 2000, said City shall be responsible for their full share of cost for the remainder of the one (1) year stated in the Agreement. 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 WIIEREOF, 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 day of '1999. COUNTY OF MARIN, a Political Subdivision of the State of California, Lo Chairman, Board of Supervisors CITY OF SAN RA.FAEL, a Municipal Corporation of the State of California, By ROWUL City Manager (Title) Attest: By NE M. IE INlr City Clerk (Tide) Reviewed as to Substance by Department (L" %c\n .�✓ Sheriff, County of Marin ras to orm by County Counsel I l ounsel, County of Marin