HomeMy WebLinkAboutCM COVID-19 Pandemic Assistance MOUMEMORANDUM 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 1'rump, 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 March 22, 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 the problems 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 previously 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 will provide mutual aid consisting of disaster
service workers from January 1, 2021 through December 31, 2021 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.
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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.
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.
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 DSW 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.
SIGNATURE PAGE FOLLOWS
3
REQUESTING AGENCY
COUNTY OF MARIN
Date: 03/10/2021 Hyacinth G Hinojosa
Hyacinth Hinojosa
COVID-19 Emergency Operations Center Director
County of Marin
State of California
Approved as to form:
BRIAN E. WASHINGTON
County Counsel
By: Renee Giacomini Brewer
Assistant County Counsel
PROVIDING AGENCY
The City of San Rafael
Date:
Nai c Jim Sc t
Title City Man err
Signature: Hyacinth Hinojosa (Par 10, 202115:27 PST)
Email: hhinojosa@marincounty.org
2021 MOA City of San Rafael (Signed)
Final Audit Report 2021-03-10
Created: 2021-03-10
By: Renee Brewer (rbrewer@madncounty.org)
Status: Signed
Transaction ID: CBJCHBCAABAAiPYBeCNEIOjD_Re5ol5nMrbC1_Ca7NH2
"2021 MOA City of San Rafael (Signed)" History
Document created by Renee Brewer (rbrewer@marincounty.org)
2021-03-10 - 9:50:15 PM GMT- IP address: 98.248.131.78
Document emailed to Hyacinth Hinojosa (hhinojosa@marincounty.org) for signature
2021-03-10 - 9:50:37 PM GMT
Email viewed by Hyacinth Hinojosa (hhinojosa@marincounty.org)
2021-03-10 - 11:26:51 PM GMT- IP address: 104.47.65.254
&9 Document e -signed by Hyacinth Hinojosa (hhinojosa@marincounty.org)
Signature Date: 2021-03-10 - 11:27:55 PM GMT - Time Source: server- IP address: 199.88.114.100
® Agreement completed.
2021-03-10 - 11:27:55 PM GMT
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