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HR Novel Coronavirus ResponseMEMORANDUM OF AGREEMENT BETWEEN COUNTY OF MARIN AND THE CITY OF SAN RAFAEL PERTAINING TO ASSISTANCE PROVIDED TO RESPOND TO THE COVID-19 PANDEMIC NOTE: Use of such an agreement does not guarantee state or federal reimbursement. WHEREAS, this event and associated conditions will collectively be referred to as the Novel Coronavirus (COVID-19) response; and WHEREAS, on March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency to exist in California as a result of COVID-19; and WHEREAS, COVID-19 will impact the healthcare delivery system; and WHEREAS, on March 3, 2020, the County Administrator, as the Assistant Director of Emergency Services, did proclaim the existence of a local emergency within Marin County due to COVID-19, which the Marin County Board of Supervisors ratified and continued at its meeting on March 10, 2020; and WHEREAS, on March 13, 2020, President Trump, in Proclamation 9994, declared a National Emergency recognizing the threat that COVID-19 poses to the Nation's healthcare systems; and WHEREAS, on March 3, 2020, and pursuant to the foregoing provisions, the Marin County Public Health Officer proclaimed the existence of a local health emergency due to COVID-19, which the Marin County Board of Supervisors ratified and continued at its meeting on March 10, 2020; and WHEREAS, on March 19, 2020, Governor Gavin Newsom, to preserve health and safety, and to ensure the healthcare delivery system is capable of serving all California residents, issued Executive Order N-33-20, ordering all individuals living in California to stay home or at their place of residence, except as needed to maintain continuity of operations of the federal critical infrastructure sectors; WHEREAS, on March22,2020, President Donald J. Trump approved a Major Disaster Declaration for the State of California in connection to COVID-19 and ordered federal funding available to state, tribal and local governments for emergency protective measures, including direct federal assistance to bolster California's COVID-19 emergency response efforts; and WHEREAS, pursuant to the State of California Emergency Plan, California's emergency mutual aid system is designed to ensure additional resources are provided to a public entity whenever its own resources are overwhelmed or inadequate; and WHEREAS, pursuant to the California Disaster and Civil Defense Master Mutual Aid Agreement and consistent with adopted mutual aid and emergency plans, public entities voluntarily furnish resources, services, and facilities in events of local emergencies and disasters, to cope with theproblems of rescue, relief, evacuation, rehabilitation, and reconstruction; and WHEREAS, all mutual aid extended under said Master Mutual Aid Agreement and said plans is furnished in accordance with and pursuant to the provisions of the California Emergency Services Act (Govt. Code § 8550 et seq.) and other applicable provisions of law; and WHEREAS, the Assistant Director of Emergency Services of the County of Marin requested the mutual aid assistance of the City of San Rafael to provide disaster service workers in connection with the COVID 19 response; and WHEREAS, The City of San Rafael provided mutual aid consisting of disaster service workers from April 1, 2020 through December 31, 2020 or through the termination of the local emergency, whichever occurs first, to assist with emergency management services in connection with COVID-19 response; and WHEREAS, The City of San Rafael agrees to not seek reimbursement from the County of Marin for their own costs in providing DSWs but will track their own costs relating to its provision of DSWs related to the COVID-19 assistance and submit these to the County of Marin as soon as practicable so that the County of Marin will include these costs for FEMA reimbursement, noting that nothing in this agreement guarantees such reimbursement; NOW, THEREFORE, IT IS AGREED by and between the County of Marin and the City of San Rafael that emergency management personnel provided under this MOA are public employees who, during disaster situations, are declared under California Government Code section 3100 to be Disaster Service Workers. Work-related injuries will be handled by the employing/providing agency/jurisdiction under its Workers Compensation, not the County of Marin's. Emergency management personnel must immediately report any injury suffered while deployed, to their assigned supervisor and home agency. IT IS FURTHER AGREED, that emergency management personnel provided by the City of San Rafael under this MOA are Disaster Service Workers and employees of the City of San Rafael, and as such are provided the immunities, protections, and benefits of Disaster Service Workers, as provided in the California Emergency Services Act and other applicable law. Each party shall defend, indemnify, and hold the other party, its officials, officers, employees, agents, and volunteers, harmless from and against any and all liability, loss, expense (including reasonable attorney's fees), or claims for injury or damage arising out of the performance of this MOA, but only in proportion to and to the extent such liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damage are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officials, officers, employees, agents, or volunteers. IT IS FURTHER AGREED that the County of Marin will not be responsible for repair/replacement costs of non -expendable equipment (e.g., vehicles, cell phones, laptop computers), unless the deployment of the equipment was specifically requested and documented by the County of Marin. The County of Marin is not responsible for normal wear and tear of the City of San Rafael's equipment. 2 IT IS FURTHER AGREED by and between the County of Marin and the City of San Rafael that all City employees will receive proper training and supervision and be provided with necessary equipment, including PPE. City will receive prior notice of the proposed schedule for each DS W and reserves the right to substitute staff and/or coordinate with the County to modify such schedules as needed. County will not authorize any overtime for City employees. IT IS FURTHER AGREED that this MOA constitutes the agreement between the County of Marin and the City of San Rafael for purpose of providing emergency management personnel, equipment, and/or materials and supersedes all prior negotiations, representations, or agreements, whether written or oral. In the event of a dispute between the parties as to the language of this MOA or its construction or meaning of any term, this MOA shall be deemed to have been drafted by the parties in equal parts so that no presumptions or inferences concerning its terms or interpretation may be construed against any party to this MOA. SIGNATURE PAGE FOLLOWS REQUESTING AGENCY COUNTY OF MARIN Date: `ljl{ U l �j , , f OZi� � : �� ..(� I _J a -t' 'O', 'Angela, Ni6holson Assistant County Administrator County of Marin State of California Approved as to form: BRIAN E. WASHINGTON County Counsel By: Renee Giacomini Brewer Assistant County Counsel PROVIDING AGENCY CITY OF SAN RAFAEL Date: S ll - ZD Z D Jim 211a iIy-nag City of San Rai'a State of California �, yo I T H CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: EOC — Human Resources Project Manager: Sylvia Gonzalez -Shelton Extension: 3391 Contractor Name: County of Marin Contractor's Contact: Cseszlyar, Lorena Contact's Email: LCseszlyar@marincounty.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click ii,�re ❑ enter a clan_ b. Email contract (in Word) and attachments to City 4/29/2020 Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement Click lien. Lo and return to Project Manager cntx r a (late. ❑ b. Confirm insurance requirements, create Job on Click Ilene Lc). PINS, send PINS insurance notice to contractor Cnter a d,.AC. ❑ 3 Department Director Approval of final agreement form to send to Mick or tap ❑ contractor to cnt=_I date 4 Project Manager Forward three (3) originals of final agreement to Click here ;o ❑ contractor for their signature enter a elate-_ 5 Project Manager When necessary, contractor -signed agreement ® N/A agendized for City Council approval * *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 C ir'< here to Date of City Council approval enter a elate PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed 4/29/2020 LG agreement 8 City Attorney Review and approve insurance in PINS , and bonds 4/29/2020 LG (N/A) (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and 7� forwards copies to Project Manager /S� N