20061212_mou2

MEMORANDUM OF UNDERSTANDING

BETWEEN THE COUNTY OF SAN MATEO AND
THE NORTHERN CALIFORNIA REGIONAL TERRORISM THREAT ASSESSMENT CENTER

THIS MEMORANDUM OF UNDERSTANDING (hereinafter called “MOU”), entered into this ____ day of , 2006, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and the NORTHERN CALIFORNIA REGIONAL TERRORISM THREAT ASSESSMENT CENTER hereinafter called "NC RTTAC";

W I T N E S S E T H:

WHEREAS, Northern California High Intensity Drug Trafficking Area (HIDTA) administers federal and state funding to implement a variety of narcotics eradication initiatives; and

WHEREAS, in 2004, a Department of Homeland Security Law Enforcement Grant was awarded to the County of San Mateo to create and operate the Northern California Regional Terrorism Threat Assessment Center (NC RTTAC), to develop collaborative relationships among federal, state and local entities relative to terrorism, specifically with regard to the disciplines of law, fire, public health and emergency medical services, to improve terrorism preparedness and information sharing; and

WHEREAS, the most efficient way to administer the NC RTTAC program was to co-locate it with HIDTA and for HIDTA Administration to oversee the NC RTTAC as well as the NC HIDTA; and

WHEREAS, the NC HIDTA is managed by an Executive Committee, which has designated the San Mateo County Sheriff’s Office to serve as the fiduciary and fiscal agent for NC HIDTA and NC RTTAC; and

WHEREAS, in that capacity the Sheriff enters into contracts and conducts fiscal transactions on behalf of RTTAC and HIDTA, and has been authorized by the Board of Supervisors to sign RTTAC contracts to which the County is a party; and

WHEREAS, RTTAC has no full time employees, and is staffed by a combination of independent contractors and employees of member law enforcement agencies, which employees are assigned to NC RTTAC; and

WHEREAS, the County has agreed to assign several Sheriff’s Office employees to work at RTTAC, including a Sheriff’s Lieutenant to serve as the Assistant to the Director of the NC RTTAC; and


WHEREAS, the parties now wish to specify the employees that the County is assigning to RTTAC and the services the County is providing to the RTTAC, and the transfer of funds that the RTTAC is authorizing the County to make on its behalf to pay for those services.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL AGREEMENTS CONTAINED HEREIN, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:
1.		EXHIBIT.
Exhibit A, describing the services the County provides to NC RTTAC and NC RTTAC’s payment to County for said services is attached hereto and incorporated by reference herein.

2.		SERVICES TO BE PERFORMED BY COUNTY.
In consideration of the payments set forth herein, County shall assign employees and provide services to work at and for NC RTTAC at the NC RTTAC Office in San Francisco, as set forth herein and in Exhibit A. All County employees assigned to RTTAC shall be subject to the policies and procedures of the County of San Mateo and the San Mateo County Sheriff.

3.		PAYMENTS TO BE MADE/AUTHORIZED BY NC RTTAC.
In consideration of the services provided by County in accordance with Exhibit A, RTTAC shall make payment to, or shall authorize the County, in its capacity as fiscal officer and fiduciary for RTTAC to make payment County based on the rates set forth in Exhibit A. Payment shall be made by the Sheriff’s designee’s transfer of funds from RTTAC to the County, according to procedures approved by the County Controller. The projected total amount reimbursed to County by RTTAC for the term of this agreement is $1,226,256 ($1,007,862 for salaries and benefits, $160,000 for County Service Charges, and $58,393 for unforeseen contingencies).

4.			TERM AND TERMINATION.
The term of this Agreement shall be from January 1, 2006 through December 31, 2007. This Agreement may be extended by a written amendment approved and signed by the parties. This Agreement may be terminated by either RTTAC, the Sheriff or Sheriff’s designee without a requirement of good cause upon thirty (30) days’ written notice to the other party. This MOU is contingent on the federal government’s appropriation and award of NC RTTAC funds. Either party may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon unavailability of Federal, State, or County funds, by providing written notice to Contractor as soon as is reasonably possible after the County learns of said unavailability of outside funding.

5.		HOLD HARMLESS.
In the event any claims of lawsuits arise out of the terms and conditions of this Agreement, RTTAC funding shall be used to defend, hold harmless and indemnify the RTTAC, the County of San Mateo and its officers, agents and employees from any and all liability related to this agreement. This section shall include, without limitation, any actions, claims, suits, demands, and liability of every name, kind, and description brought for, or on account of injuries to or death of any person, or damage to property of any kind whatsoever and to whomsoever belonging.

6.		NON-ASSIGNABILITY.
Neither party may assign the benefits nor delegate the duties set forth in this Agreement.

7.		INSURANCE.
Both parties shall maintain sufficient insurance, self-insurance or a combination thereof to comply with the following requirements, and, if requested, each party shall furnish the other party with certificates of insurance evidencing the required coverage. Thirty (30) days' notice must be given, in writing, to the Sheriff’s Office and County of any pending change in the limits of liability or of any cancellation or modification of the policy. In the event of double coverage for the same type of claim, RTTAC insurance shall be primary and the County’s shall be secondary.
A.				Worker's Compensation and Employer's Liability Insurance. Both parties shall have in effect during the entire life of this Agreement Worker’s Compensation and Employer's Liability Insurance, or an acceptable program of self-insurance providing full statutory coverage. In signing this Agreement, parties certify, as required by Section 1861 of the California Labor Code, that they are aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and parties will comply with such provisions before commencing the performance of the work of this Agreement.
B.				Liability Insurance. RTTAC and County shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him/her while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from RTTAC’s and County’s operations under this Agreement, whether such operations be by himself/herself or by any sub-contractor or by anyone directly or indirectly employed by either of them. Such insurance may include a combination of insurance and self-insurance, and shall be combined single limit bodily injury and property damage for each occurrence and shall be not less than the amount specified on the following page.
				Such insurance shall include:
				1.	Comprehensive General Liability . . . . . . . . . . . . . . .		$5,000,000
				2.	Motor Vehicle Liability Insurance . . . . . . . . . . . . . . .		$5,000,000

8.	NON-DISCRIMINATION.
No person shall, on the grounds of race, color, religion, ancestry, gender, age (over 40), national origin, medical condition (cancer), physical or mental disability, sexual orientation, pregnancy, childbirth or related medical condition, marital status, or political affiliation be denied any benefits or subject to discrimination under this Agreement. RTTAC and County shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement.

9.		RETENTION OF RECORDS.
Each party agrees to provide to the other party, to any federal or state department having monitoring or reviewing authority, to County’s or RTTAC’s authorized representatives and/or their appropriate audit agencies upon reasonable notice, access to and the right to examine and audit records and documents necessary to determine compliance with relevant federal, state, and local statutes, rules, and regulations, and this Agreement, and to evaluate the quality, appropriateness and timeliness of services performed. RTTAC and County shall maintain and preserve all financial records relating to this Agreement for a period of four (4) years from the termination date of this Agreement, or until audit findings are resolved, whichever is greater.

10.		MERGER CLAUSE.
This Agreement, including the Exhibit hereto constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the parties.

11.		CONTROLLING LAW.
The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, the interpretation, and performance of this Agreement shall be governed by the laws of the State of California.

12.		COMPLIANCE WITH ALL LAWS.
All services to be performed pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, and all Federal regulations promulgated thereunder, as amended. Such services shall also be performed in accordance with all applicable ordinances and regulations, including, but not limited to, appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this agreement and State, Federal, County, or municipal law or regulations, the requirements of the applicable law will take precedence over the requirements set forth in this Agreement.

13.		NOTICES
Any notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when deposited in the United State mail, postage prepaid, and addressed to:
		In the case of County, to: San Mateo County Sheriff's Office ATTN: Sheriff 400 County Center Redwood City, CA 94061				In the case of Contractor, to: Northern California RTTAC Chairperson, HIDTA Executive Committee 450 Golden Gate Ave., 14th Floor San Francisco, CA 94102


IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

			COUNTY OF SAN MATEO A Political Subdivision of the State of California

			By:
				PRESIDENT, BOARD OF SUPERVISORS

Date:

ATTEST:

By:
	CLERK OF SAID BOARD



			NORTHERN CALIFORNIA HIDTA


		By:
				CHAIRMAN, EXECUTIVE COMMITTEE

				PRINTED NAME

Date:


EXHIBIT A
MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SAN MATEO AND THE NORTHERN CALIFORNIA REGIONAL TERRORISM THREAT ASSESSMENT CENTER

1. COUNTY POSITIONS ASSIGNED TO NC RTTAC.
A.	The County shall assign to NC HIDTA County employees to serve in the following positions, and NC HIDTA shall reimburse County for the salaries, benefits and expenses of said employees as specified below. The employees assigned to the positions will be subject to the mutual agreement of the Sheriff or the Sheriff’s designee and the NC HIDTA Board or the Board’s designee. In consideration of County’s assignment of its employees to serve the NC HIDTA, NC HIDTA will reimburse County quarterly for any and all costs, including but not limited to salary, benefits and expenses as follows:
1)		County agrees to assign a County employee to serve as the Assistant to the Director of the NC RTTAC. The Assistant to the Director will plan, organize, direct and coordinate all significant administrative, automation, fiscal and financial programs for NC RTTAC. In addition, the Assistant to Director will provide administrative support to NC RTTAC. The Assistant to the Director shall be a Sheriff’s Lieutenant with a monthly salary reimbursement totaling $18,349.05. In consideration of County’s assignment of its employee to serve as Assistant to the Director of the NC RTTAC, NC RTTAC will reimburse County for any and all costs, including but not limited to salary, benefits and expenses. The Assistant to the Director will remain an employee of the County and although NC RTTAC will reimburse County for these costs, County will be responsible for providing the Assistant to the Director’s employment benefits, including health insurance, retirement contributions, workers’ compensation insurance, and automobile insurance.
2)		One (1) Lead Analyst with a full monthly projected salary reimbursement totaling $8,907.06.
3)		Two (2) Intelligence Analysts each with the following full monthly projected salary reimbursements totaling:
§			$7,064.66
§			$7,673.46
B.	For FY 2007-08, salary and benefits rates will be increased by a percentage equivalent to the negotiated percentage increase in salaries and benefits for County employees in these classifications.


2. COUNTY SERVICES PROVIDED TO NC RTTAC.
A.		Services provided to NC RTTAC by County along with County reimbursable yearly fees are specified below.
1)			Fiscal Annual Fee:
				Administration	$	60,000.00
				Workers’ Compensation	$	9,960.00
2)			County Service Charge:
				Information Services Department	$	3,000.00
				General Liability Insurance	$	944.04
				Official Bond Insurance	$	$48.00
3)			Services provided as needed and billed according to hourly rates:
				Purchasing Agent Services	$	50.00/hr.
				Legal Services to be provided by the San Mateo County Counsel	$	175.00/hr.

B.	In its capacity as fiscal agent and fiduciary for NC RTTAC, County of San Mateo shall enter into purchasing and service contracts on behalf of NC RTTAC, as deemed necessary by the NC HIDTA Board. Except as specifically authorized by the Board of Supervisors, said contracts shall be subject to all policies and procedures that apply to contracts entered into by the County of San Mateo.

EXHIBIT.

SERVICES TO BE PERFORMED BY COUNTY.

HOLD HARMLESS.

NON-DISCRIMINATION.

RETENTION OF RECORDS.

MERGER CLAUSE.

CONTROLLING LAW.