HomeMy WebLinkAbout2021 CON COUNTY OF SAN DIEGO - Data Sharing relating to the Adminisrration of COVID-19 Emergency Rental Assistance ProgramAttachment No. 1
Memorandum of Understanding
Between
The County of San Diego
and
the City of National City
For Data Sharing Relating to the Administration of COVID-19 Emergency
Rental Assistance Programs
Parties
This Memorandum of Understanding ("MOU") is made between the County of San Diego (the
"County") and the City of National City ("CITY"). The parties to this MOU may be referred to herein
collectively as the "parties" or individually as a "party".
Recitals
WHEREAS, in response to the ongoing COVID-19 pandemic, the federal Coronavirus Response
and Relief Supplemental Appropriations Act of 2021 (CRRSAA), signedinto law on December 27, 2020,
included $25 billion for emergency rental assistance program funds for state, local, and tribal governments
throughout the United States. These funds included $2.6 billion for the State of California.
WHEREAS, the parties are operating two different emergency rental and utility assistance
programs in their respective jurisdictions to assist eligible households who have been financially impacted
by the COVID-19 pandemic ("ERAP").
WHEREAS, the County is operating the County of San Diego COVID-19 ERAP to provide
payment assistance for rent and utilities for residents of the County.
WHEREAS, the CITY is operating the ERAP to provide assistance payments for rent and utilities
for residents of CITY.
WHEREAS, the parties reviewed the applications for . both parties' ERAPs; examined the
jurisdiction criteria contained in the parties' applications; and determined that some applicants were
applying for assistance in the wrong jurisdiction.
WHEREAS, the parties now desire to enter this MOU to allow them to share data relating to
applicants for the ERAPs who applied in the same jurisdiction.
THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises
to set forth below, and for other good and valuable consideration, receipt of which is hereby acknowledged,
the parties hereto agree as follows:
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Attachment No. 1
1. Incorporation of Recitals. The Recitals set forth above are incorporated herein by this reference.
2. Administration of MOU: Each party identifies the following individual to serve as the authorized
administrative representative for that party. Any party may change its administrative representative by
notifying the other party in writing of such change. Any such change shall become effective upon the
receipt of such notice by the other party to this MOU. Notice of the authorized representative shall be
sent to each party as follows:
County of San Diego .
' The City of National City
David Estrella
Director
Housing and Community Development Services
Health and Human Services Agency
3989 Ruffin Road MS 0-231
San Diego, CA 92123
858-694-8750
Carlos Aguirre
Director
National City Housing Authority
City of National City
1243 National City Boulevard
National City, CA 91951
619-336-4391
caguirre@nationalcityca.gov
3. Parties' Responsibilities: In an effort to properly provide payment assistance to all eligible
applicants within the County, the parties agree as follows:
3.1. Data Sharing:
3.1.1. The parties agree to share personal information (defined below) of eligible
applicants (defined below) who applied for assistance benefits from an ERAP in
the same jurisdiction.
3.1.2. Personal information shall include the name, address, telephone number,
and email address of the eligible applicant.
3.1.3. The parties agree that eligible applicants shall only include applicants who
expressly agreed to the disclosure of their personal information through the ERAP
application process with the given party. The party receiving an application for
the ERAP will ensure that the applicant has signed the Applicant Self -
Certification form.
3.1.4. The party receiving an application for the ERAP will provide to the other
party a separate Applicant Self -Certification form signed by the applicant when
requesting additional information not identified in this MOU.
3.2. Method:
3.2.1. At the end of each week or some other agreed upon frequency, each party
will export a CSV or Excel file containing the personal information of eligible
applicants who applied to the same jurisdiction. The parties will make a separate
file for each jurisdiction containing only eligible applicants.
3.2.2. Files will be uploaded to a secured shared electronic box location. Each
party will only be given access to the personal information of eligible applicants
who are within their jurisdiction.
3.2.3. The shared file will be password protected. Each party will process the
file under the immediate supervision and control of authorized personnel in a
manner that will protect the confidentiality of the personal information, and in
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Attachment No. 1
such a way that unauthorized persons cannot retrieve the data by means of
computer, remote terminal, or other means.
3.2.4. Each party will store the personal information in an area that is physically
safe from access by unauthorized persons during duty hours as well as non -duty
hours or when not in use.
3.3. Use:
3.3.1. Personal information of an eligible applicant shall only be shared with the
authorized employees and officials of the appropriate jurisdiction who require
access to the personal information in order to perform: their official duties in
connection with the activities described in Section 3.3.3. Parties shall not share
personal information of an eligible applicant except as expressly stated in this
Section 3..
3.3.2. Each party will advise all personnel who will have access to the personal
information of the confidential nature of the information and the safeguards
required protecting the information, including the consequences and/or penalties
for inappropriate use and/or disclosure of such information.
3.3.3. The receiving party will only use the personal information in order to
cross-reference and validate that an eligible applicant has not received assistance
payments from the other party's ERAP. The personal information shall not be
used in any other way by the receiving party.
3.3.4. The parties agree that any personal information shared under this MOU is
confidential information and shall be treated as such.
3.3.5. Each party will notify the other party immediately, by electronic
correspondence or telephone, upon discovery of unauthorized access or use of
any personal information provided by the other party. The party suffering the
breach will complete a Breach/Security Incident Report within 24 hours of
discovery of a breach or security incident.
3.4. Nothing herein shall make the parties liable to one another for the validity of the information
which is being shared.
4. Indemnity:
4.1. Claims Arising from the Sole Acts or Omissions of a Party: Each party to this MOU
hereby agrees to defend and indemnify the other parties to this MOU, their agents, officers
and employees, from any claim, action or proceeding against the other parties, arising
solely out of its own acts or omissions in the performance of this MOU. At each party's
sole discretion, each party may participate at its own expense in the defense of any claim,
action or proceeding, but such participation shall not relieve any party of anyobligation.
imposed by this MOU. Parties shall notify each other promptly of any claim, action or
proceeding and cooperate fully in the defense.
4.2. Claims Arising from Concurrent Acts or Omissions: The parties hereby agree to defend
themselves from any claim, action or proceeding arising out of the concurrent acts or
omissions of the parties. In such cases parties agree to retain their own legal counsel, bear
their own defense costs, and waive their right to seek reimbursement of such costs, except
as provided in paragraph 4.3 below.
4.3. Joint Defense and Reimbursement and Reallocation: Notwithstanding paragraph 4.2
above in cases where parties agree in writing to a joint defense, parties may appoint joint
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Attachment No. 1
defense counsel to defend the claim, action or proceeding arising out of the concurrent
acts or omissions of parties. Joint defense counsel shall be selected by mutual agreement
of parties. Parties agree to share the costs of such joint defense and any agreedsettlement
in equal amounts, except as follows:
4.3.1. Parties further agree that . neither party may bind the other to a
settlement agreement without the written consent of both parties. Where a
trial verdict or arbitration award allocates or determines the comparative fault
of parties, parties may seek reimbursement and/or reallocation of defense
costs, judgments and awards, consistent with such comparative fault.
5. Insurance.
5.1. The parties shall maintain a program of self-insurance or obtain a single limit general liability
insurance and automobile liability insurance in the minimum amount checked below.
General Liability
$1,000,000.00
Workers Compensation
S1,000,000.00
Automobile Liability
$500,000.00
This coverage is in addition to workers compensation insurance and other insurance coverages
required by law. The policies shall provide that coverage on all policies may not be canceled,
amended, terminated, or otherwise modified without thirty (30)days advance written notice
to the parties. Coverage shall remain in full force and effect during the entire term of the
policy.
5.2. The parties shall also obtain Cyber Liability with limits not less than $2,000,000 per
occurrence or claim, $2,000,000 aggregate.
5.3. The parties shall name each other as certificate holders on all insurance policies and be named
as additional insured on all general liability, automobile, and cyber liability policies.
5.4. All insurance required to be purchased and maintained shall be endorsed with a waiver of
subrogation. Each party's insurers in their endorsements agree to waive all rights of
subrogation against the other parties for losses paid by the party's insurers that arise out of or
in connection with each party's performance under this MOU.
6. Conformance With Rules And Regulations: Parties shall be in conformity with all applicable
federal, State, County, and local laws, rules, and regulations, current and hereinafter enacted.
7. Governing Law: This MOU shall be governed, interpreted, construed, and enforced in accordance
with the laws of the State of California.
8. Information Privacy and Security Provisions: Parties agree to follow all federal, state, and local
laws related to privacy of protected information and security of data, and to keep applicant
information confidential.
9. Third Party Beneficiaries Excluded: This MOU is intended solely for the benefit of the County
and CITY. Any benefit to any third party is incidental and does not confer on any third party to
this MOU any rights whatsoever regarding the performance of this MOU. Any attempt to enforce
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Attachment No. 1
provisions of this MOU by third parties is specifically prohibited.
10. Amendments to MOU: Any party may propose amendments to this MOU by providing written
notice of such amendments to the other parties. This MOU may only be amended by a written
amendment signed by all parties.
11. Severability: If any terms or provisions of this MOU or the application thereof to any person or
circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this MOU, or the
application of such term and provision to persons or circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected thereby and every other term and provision of this
MOU shall be valid and enforced to the maximum extent permitted by law.
12. Full Agreement: This MOU represents the full and entire agreement between the parties and
supersedes any prior written or oral agreements that may have existed.
13. Scope of MOU: This MOU only applies to the program described herein and does not set forth any
' additional current or future obligations or agreements between the parties, except that the parties may
by written amendment amend the scope of this, MOU.
14. Term: This MOU shall become effective on the date all the parties have signed this MOU and shall
continue through December 31, 2021, with one additional one-year option to extend upon agreement
of the parties.
15. Termination For Convenience. Any party may, by written notice stating the extent and effective date,
terminate this MOU for convenience in whole or in part, with a 30-day advance notice to the respective
parties.
16. Counterparts: This MOU may be executed in any number of separate counterparts, each of which shall
be deemed an original but all of which when taken together shall constitute one and the same instrument.
Remainder of this page is intentionally left blank
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Attachment No. 1
IN WITNESS WHEREOF, this MOU is entered into by the County and CITY by and
through the signature of the parties' authorized representative(s), all as set forth below.
COUNTY OF SAN DIEGO,
a public agency
Estrella,
By: David
Digitally signed by
Estrella, David
Date: 2021.06.25
11:25:43 -07'00'
CITY OF NATIONAL CITY
a publicc
ecto
y ' ousing
Date: Date: JL.rt e, S, 20 11
APPROVED AS TO FORM:
COUNTY COUNSEL.
David
By: Stotland
Name
Title
Digitally signed by David
Stotland
Date: 2021.06.25
09:50:15 -07'00'
APPROVED AS TO FORM:
CITY OF NATIONAL CITY,
By: /
Jennt
Deputy Cit
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Attachment No. 1
IN WITNESS WHEREOF, this MOU is entered into by the County and CITY by and
through the signature of the parties' authorized representative(s), all as set forth below.
COUNTY OF SAN DIEGO,
CITY OF NATIONAL CITY
a public agency a public . c
By:
ecto
y ' ousing
Date: Date: lkwt-e, 8, 201j
APPROVED AS TO FORM:
COUNTY COUNSEL,
APPROVED AS TO FORM:
CITY OF NATIONAL CITY,
By: By:
Name Jenni er
Title Deputy Cit
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