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FULL PACKET_2013-01-22
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FULL PACKET_2013-01-22
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1/22/2013 11:38:36 AM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
1/22/2013
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Cost Reimbursement MOU City of Santa Ana Page 9 of 13 <br />expenses claimed by and reimbursed to City are not allowable. City shall reimburse <br />OC Probation for any such disallowed amounts. <br />8.0 LICENSE TO USE CITY REAL AND PERSONAL PROPERTY <br />In consideration of the promises contained herein, City hereby grants to County rent-free <br />use of office space, office furniture, and office equipment located in the offices of the City <br />Police Department. Said office space, furniture and equipment shall be used solely by <br />personnel of City and OC Probation while performing their assigned duties related to <br />services under this MOU. The precise location, size and type of said office space, office <br />furniture and office equipment will be determined by City. City shall supply all repair, <br />maintenance and janitorial supplies and services to said premises and shall be responsible <br />for all charges for utilities supplied to said premises. <br />9.0 PERMISSION TO USE CITY VEHICLES <br />In consideration of the promises contained herein, City hereby grants to County permission <br />for OC Probation personnel to operate and to ride as passengers in vehicles owned or leased <br />by City, as necessary while performing their assigned duties related to services under this <br />MOU. City shall supply all repair and maintenance services for said vehicles, and shall pay <br />all fuel costs for said vehicles. <br />10.0 MUTUAL INDEMNIFICATION <br />County agrees to indemnify, defend with counsel approved in writing by City, and hold <br />City, its officers, employees, and agents ("City Indemnitees") harmless from any claims, <br />demands or liability of any kind or nature, including but not limited to personal injury or <br />property damage, arising from or related to the services, or other performance provided by <br />County pursuant to this MOU. City's approval of counsel shall not be unreasonably <br />withheld. If judgment is entered against County and City by a court of competent <br />jurisdiction because of the concurrent active negligence of City or City Indemnitees, <br />County and City agree that liability will be apportioned as determined by the court. Neither <br />party shall request a jury apportionment. This indemnification shall commence on the <br />effective date of this MOU and shall continue thereafter for any and all causes of action <br />accruing during the term of this MOU. <br />City agrees to indemnify, defend with counsel approved in writing by County, and hold <br />County, its elected and appointed officials, officers, employees, agents and those special <br />districts and agencies for which County's Board of Supervisors acts as the governing board <br />("County Indemnitees") harmless from any claims, demands or liability of any kind or <br />nature, including but not limited to personal injury or property damage, arising from or <br />related to the services, or other performance provided by City pursuant to this MOU. <br />County's approval of counsel shall not be unreasonably withheld. If judgment is entered <br />against City and County by a court of competent jurisdiction because of the concurrent <br />active negligence of County or County Indemnitees, City and County agree that liability <br />will be apportioned as determined by the court. Neither party shall request a jury <br />apportionment. This indemnification shall commence on the effective date of this MOU <br />and shall continue thereafter for any and all causes of action accruing during the term of this <br />MOU. <br />20A-11
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