Loading...
HomeMy WebLinkAbout2021 CON County of San Diego - MOU COVID-19 Data Sharing Related to Emergency Rental Assistance Programs4 Attachment 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), signed into 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: Page 1 of 6 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 Page 2 of 6 3.3. Use: 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. 3.3.1. 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 SoleActs or Omissions of a Party: Each party to this MOU hereby agrees to defend and indemnify theotherparties 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 any obligation. 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 Page3of6 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 agreed_ settlement 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. ►1 General Liability $1,000,000.00 Workers Compensation $1,000,000.00 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 informationand 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 Page4of6 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 oragreements 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 Page 5of6 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 public . v c ecto t y ' ousing Date: Date: kikdrue, 8, 20 11 APPROVED AS TO FORM: COUNTY COUNSEL, David Bv: Stotland Digitally signed by David Stotland Date: 2021.06.25 09:50:15 -07'00' Name Title APPROVED AS TO FORM: CITY OF NATIONAL CITY, By: Jenni r K. ' ilman Deputy Cittto e Page 6 of 6 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: J vL-E, 8, 20 21 APPROVED AS TO FORM: COUNTY COUNSEL, APPROVED AS TO FORM: CITY OF NATIONAL CITY, By: By: Name Jenni Title Deputy Cit Page6of6