HomeMy WebLinkAboutAgr 2000-10-31 (County of Marin)
MEMORANDUM OF UNDERSTANDING
MARIN OPERATIONAL AREA
THIS AGREEMENT, made and entered into this 31,t day of O~ , 2000,
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 Town of
TIBURON, a municipal corporation of the State of California, hereinafter referred to as "Town."
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 h~s 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 Town;
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 Town, and Town
agrees to appoint a primary point of contact person to County. The employee(s) who is (are)
assigned to act as liaison to the Town shall not be an employee of the Town. 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 Town:
A. Emergency Plan - County has provided the format for the Town'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 Town in complying
with State and Federal Emergency Management Program requirements.
continued
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MARIN OPERATIONAL AREA
ll. Services
Continued
C. Training - County will provide training to Town 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. Town will insure that appropriate staff participates
in the scheduled training sessions.
D. Exercises - County will assist Town with the design and delivery of emergency
management exercises including orientation, tabletop and functional. All exercises
will utilize the Standardized Emergency Management System. Town will ensure that
appropriate staff participates in the scheduled exercises.
ID. INDE~ICATION
A. The TOWN 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 TOWN, arising out of or in connection
with the activities of the TOWN, its Council, the officers, agents, and employees of
the TOWN 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 TOWN 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 TOWN,
its Council, and the officers, agents, and employees of the TOWN, 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 TOWN but excluding liability due to the sole
active negligence or sole willful misconduct of the TOWN. 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
Town agrees to pay County a fee of $2,820 annually per the population base rate
schedule in this Agreement for which the term runs for three (3) fiscal years
commencing on July 1,2000 through June 30, 2003.
continued
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V. TERMS
This Agreement shall commence on July 1,2000 and shall continue for three (3) fiscal years
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. If TOWN
terminates this agreement prior to June 30, 2003, said TOWN shall be responsible for their
full share of cost for the remainder of the three (3) years 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
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IN WITNESS WHEREOF, COUNTY OF MARIN, acting and through its Board of Supervisors,
and the TOWN of Tm~ON, acting by and through its Council, have caused this Agreement to be
executed as of this 31' day of O~ ,2000.
By
. I
Steve Kinsey
President, Board of Supervisors
County of Marin
TOWN OF TmlJRON, a
Municipal Corporation of teState of California,
By
TOWN MANAUma "
Attest~.
By ,
{)r/9-Nc CR.I1Ne JAcolr
(Title) nW-t! CL.eRi(
Reviewed as to Substance by Department
ll2J ~~e. 6lut~
Sheriff, County of Marin
Reviewed as to form by County Counsel
~~~~
County Counsel, County of Marin
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