HomeMy WebLinkAboutHR 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
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City of San Rai'a
State of California
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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
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❑
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
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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
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