Agmt24 County of San Mateo - MOU

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REV: 02-27-24 LF 3. Consideration The benefit of this MOU to the City is that it ensures that the SB 1383 Local Assistance Grant Program funding the City received is fully invested into the City’s SB 1383 implementation and not returned back to the State. This approach also alleviates the need for the City to incur expenses related to staff, labor, administration, and record keeping necessary to either develop a new project eligible to be funded by SB 1383 Local Assistance Grant Program or to return unspent grant funding back to the State. The benefit of this MOU to the County is that this approach will provide an additional amount not to exceed $30,000 (Thirty Thousand Dollars) for investment into edible food recovery program capacity building. This funding will help support efforts to recover surplus edible food for community members in need. It will also benefit the City as the County’s investment into edible food recovery supports the City’s compliance with SB 1383’s edible food recovery requirements. 4. Relationship of Parties It is expressly understood that this is an agreement between the independent entities, the County and the City, and that no individual agency, employee, partnership, joint venture, or other relationship is established by this MOU. The intent by both the County and the City is to create an independent collaborative relationship. 5. Hold Harmless A. It is agreed that the County shall defend, hold harmless, and indemnify City and its officers, employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description brought by a third party which arise out of the terms and conditions of this MOU and which result from the acts or omissions of the County and/or its officers, employees, agents, and servants. B. It is agreed that City shall defend, save harmless, and indemnify the County and its officers, employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description brought by a third party which arise out of the terms and conditions of this MOU and which result from the acts or omissions of City and/or its respective officers, employees, agents and servants. C. The duty of each party to defend, hold harmless, and indemnify the other as set forth herein shall include the duty to defend as set forth in Section 2778 of the California Civil Code. D. In the event of concurrent negligence or intentional/reckless acts of City and/or its respective officers and employees, on the one hand, and the County and/or its officers, employees, agents, and servants, on the other hand, then the liability for any and all claims for injuries or damage to persons and/or property which arise out of terms and conditions of this MOU shall be apportioned according to the California theory of comparative fault. ATTY/AGR.2024.021/San Mateo County (Edible Food Recovery MOU) (Page 3 of 32)