HomeMy WebLinkAboutItem 2c - Memorandum of Understanding for Homelessness Plan Development
DATE: February 20, 2018
TO: Honorable Mayor and City Council
FROM: Sara Somogyi, Director of Recreation and Community Services
By: Candice Cheung, Recreation Supervisor
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (“SGVCOG”) FOR THE
COUNTY OF LOS ANGELES HOMELESSNESS PLAN DEVELOPMENT
Recommendation: Approve
SUMMARY
Los Angeles County voters approved Measure H on March 7, 2017. Measure H raised
the sales tax by a quarter of a percent for 10 years to fund a variety of services for
homeless people on a large and comprehensive scale County-wide.
Following the approval of Measure H, the County Supervisors approved planning grant
funding available to cities to develop more specific plans to address this issue. The City
applied for this funding, and was awarded $30,000 to use as a planning grant to
develop Arcadia’s Homelessness Plan. Since homelessness is not an issue exclusive
to Arcadia, it is best to approach the issue on a regional level and utilize the San Gabriel Valley Council of Governments (“SGVCOG”) to assist Arcadia and other cities with the
grant.
BACKGROUND On July 28, 2017, the Home for Good Funder’s Collaborative released a Request for
Proposals (“RFP”) for municipal jurisdictions within the Greater Los Angeles area that
were interested in creating a plan to address homelessness. Eligible cities submitted
grant proposals and were conditionally awarded grant funding. The award amounts
were tied to the various city’s 2017 Homeless Count numbers. Twenty-three proposals from the San Gabriel Valley were submitted (Arcadia included) and this resulted in a
combined total funding level of $890,000. These funds will allow cities to develop
homelessness plans, which will identify specific local needs and problem areas or
issues, as well as support homeless prevention strategies in Arcadia.
San Gabriel Valley Council of Governments Memorandum of Understanding regarding Homelessness
February 20, 2018
Page 2 of 3
On November 14, 2017, the SGVCOG held a pre-orientation meeting for grantee cities.
At this meeting, the cities expressed interest in undertaking a joint procurement effort,
managed by the SGVCOG, to secure a consultant to assist with the development of the collective homelessness plan. For cities interested in participating in a joint procurement, a Memorandum of Understanding (“MOU”) that identifies roles,
responsibilities, scope of work, and fee structure was created.
DISCUSSION The MOU (See Exhibit “A”) identifies the following roles and responsibilities for the
SGVCOG and the City or Arcadia in the administration of the grant funding:
SGVCOG:
• Undertake procurement and management of consultant • Execute a contract with the consultant for the development of the plan
• Work with the consultant to manage ongoing coordination of project calls and
meetings
• Work with the consultant to ensure all grant deadlines are met and the overall
work schedule is adhered to • Review draft deliverables prepared by the consultant for accuracy prior to
submission to the city
• Receive, review and pay all consultant invoices
• Submit invoices to City
City of Arcadia:
• Provide local point-of-contact
• Actively engage in the development of the Homelessness Plan
• Review and provide comments
• Provide meeting space for events related to this project • Facilitate communication between City staff and local groups/stakeholders
• Pay all invoices submitted by the SGVCOG
• Submit invoices and deliverables to the County
• Identify City point person for all homelessness inquiries, identify ways to
strengthen connection to the Coordinated Entry System (“CES”) • Provide post plan support by developing a one-page summary to utilize for
subsequent grant applications, provide educational materials, such as
presentations, for cities councils and community groups/stakeholders, and
participate in a post-planning SGVCOG Regional Summit
San Gabriel Valley Council of Governments Memorandum of Understanding regarding Homelessness
February 20, 2018
Page 3 of 3
The recommended timeline to complete the project is as follows:
City submits draft plan to Los Angeles County May 30, 2018
Final Plan submitted to SGVCOG June 15, 2018 City submits final plan to Los Angeles County June 30, 2018 (Possible extension)
FISCAL IMPACT
As this project is funded by the grant, there is no direct fiscal impact to the City. Los Angeles County awarded the City of Arcadia $30,000 for the Homelessness Plan. The funds will be distributed as follows: $24,000 for the consultant, $1,500 SGVCOG
administration fee, $4,000 for City staffing resources, and $500 for supplies and
materials, for a total of $30,000.
RECOMMENDATION
It is recommended that the City Council approve, and direct and authorize the City
Manager to execute a Memorandum of Understanding with the San Gabriel Valley
Council of Governments (“SGVCOG”) for the County of Los Angeles Homelessness Plan Development.
Attachment: Exhibit “A” - Memorandum of Understanding with the San Gabriel Valley Council of Governments
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EXHIBIT A
MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
AND THE CITY OF ARCADIA
FOR CITY HOMELESSNESS PLAN
This Memorandum of Understanding (“MOU” or “Agreement”) is made as of City of
Arcadia by and between the City of Arcadia, a municipal corporation (“City”), and the San Gabriel Valley Council of Governments, a California joint powers authority (“SGVCOG”).
City and SGVCOG may be referred to herein collectively as the “Parties” or individually as
a “Party.”
RECITALS: A. SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the
San Gabriel Valley by the member cities and other local governmental agencies.
B. City seeks to develop a plan to address homelessness (“Homelessness Plan”). C. The Homelessness Plan will support homeless prevention strategies within local
communities, and identify local problem areas or issues as they pertain to
homelessness.
D. City and SGVCOG have a shared desire to successfully develop a Homelessness Plan to combat the growing homelessness issues in the San
Gabriel Valley.
E. City and SGVCOG desire to set forth the terms of their ongoing collaboration with respect to this effort in this MOU.
NOW, THEREFORE, the Parties agree as follows:
I. TERM:
The term of this MOU shall commence upon execution of the MOU by the Parties
and shall continue through the completion of all work contemplated under this MOU, or
September 30, 2018, whichever comes first. The term of this MOU may be extended by
mutual written agreement of the Parties.
II. RESPONSIBILTIES OF THE PARTIES:
A. SGVCOG. SGVCOG will:
1. Undertake procurement and management of the consultant to help the
City to develop a Homelessness Plan.
2. Execute a contract with the consultant for the development of the Homelessness Plan.
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3. Work with the consultant to manage ongoing coordination of project
calls and meetings.
4. Work with the consultant to ensure all grant deadlines are met and
overall work schedule is adhered to.
5. Review draft deliverables prepared by the consultant for accuracy prior
to submission to the City.
6. Receive, review and pay all consultant invoices.
7. Submit two invoices to the City, a total of $25,500 ($24,000 Consultant
Fee + $1,500 Administrative Fee to SGVGOG), as follows:
• The first invoice will be for fifty percent (50%) of the total paid to
the consultant ($12,000) for development of the Homelessness Plan and an administrative fee of $1,500, for a total of $13,500.
• The second and final invoice for the remaining amount will be
submitted by June 30, 2018, for a total of $12,000.
B. City. City will:
1. Provide a point-of-contact with name, title, and contact information. If the
point-of-contact is reassigned or no longer with the City, a new point-of-
contact must be designated within five (5) business days. 2. Actively engage in the development of the Homelessness Plan
including, but not limited to, promptly responding to all correspondence
(i.e., to phone calls and emails) and attending meetings.
3. Provide meeting space for events related to this MOU and other events related to the development of the Homelessness Plan at no cost.
4. Review and provide comments to consultant on deliverables as
identified in the Scope of Work from the Request for Proposal for City Homeless Planning, attached hereto as Exhibit “A” and incorporated herein by this reference.
5. Facilitate communication between City staff and local
groups/stakeholders. 6. Pay all invoices submitted by the SGVCOG within (30) days.
7. Submit invoices and deliverables to the County.
8. Identify City point person for all homelessness inquiries, identify ways to strengthen connection to the Coordinated Entry System (“CES”).
9. Provide post plan support by developing a one-page summary to utilize
for subsequent grant applications, provide educational materials, such as presentations, for cities councils and community
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groups/stakeholders, and participate in a post-planning SGVCOG
Regional Summit.
C. The Parties agree to not seek any reimbursement for the performance of
their respective obligations pursuant to this MOU, except as set forth
herein.
III. PROJECT MANAGEMENT: A. Project Managers.
1. For purposes of this MOU, the SGVCOG designates the following individual as its Project Manager: Jan Cicco, SGVCOG Regional
Homelessness Coordinator.
2. For purposes of this MOU, the City designates the following individual
as its Project Manager: Sara Somogyi, Director of Recreation and Community Services.
Either Party may change the designations set forth herein upon written notice to
the other Party.
IV. DEFAULT; REMEDIES:
A. Default. A “Default” under this MOU is defined as any one or more of the
following: (i) failure of either Party to comply with the terms and conditions
contained in this MOU; and/or (ii) failure of either Party to perform its
obligations set forth herein satisfactorily or to make sufficient progress
toward Homelessness Plan completion.
B. Remedies. In the event of a Default by either Party, the non-defaulting
Party will provide a written notice of such Default and thirty (30) days to
cure the Default. In the event that the defaulting Party fails to cure the
Default, or commit to cure the Default and commence the same within such 30-day period and to the satisfaction of the non-defaulting Party, the
non-defaulting Party may terminate this MOU. Such termination shall be
effective immediately. The remedies described herein are non-exclusive.
In the event of a Default by City, the SGVCOG shall have the right to seek
any and all remedies available at law or in equity.
V. TERMINATION:
A. This MOU may be terminated by either Party at any time, with or without
cause, by providing written notice of termination to the other Party. Such
termination will be effective thirty (30) days after such notice is received.
B. If City terminates this MOU prior to the completion of the Homelessness
Plan, SGVCOG will invoice City for any costs incurred that exceed the
amount initially included in the initial invoice. Total billable cost shall not
exceed the total project budget. VI. INDEMNIFICATION: City agrees to defend, indemnify, and hold free and harmless the SGVCOG, its
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elected and appointed boards, officials, officers, agents, employees, members, and
volunteers, at City’s sole expense, from and against any and all claims, actions, suits or
other legal proceedings brought against the SGVCOG, its elected and appointed boards, officials, officers, agents, employees, members, and volunteers arising out of or relating to
the acts or omissions of City in connection with this Agreement.
SGVCOG agrees to defend, indemnify, and hold free and harmless the City, its
elected officials, officers, agents, employees, and volunteers, at SGVCOG’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought
against the City, its elected officials, officers, agents, employees, and volunteers arising
out of or relating to the acts or omissions of SGVCOG in connection with this Agreement.
VII. INSURANCE: City and SGVCOG shall maintain and keep in full force and effect during the term of this MOU insurance or a program of self-insurance against claims for injuries to
persons or damages to property which may arise in connection with City’s or SGVCOG’s
performance of its obligations hereunder.
VIII. OTHER TERMS AND CONDITIONS:
A. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by electronic mail
or certified mail, postage prepaid and return receipt requested, addressed as
follows:
To SGVCOG: Jan Cicco SGVCOG Regional Homelessness Coordinator
1000 S. Fremont Ave, Unit 42
Bldg. A-10N, Suite 10-210 Alhambra, CA 91803
626.457.1800
jcicco@sgvcog.org
with a copy to: Marisa Creter Interim Executive Director
San Gabriel Valley Council of Governments
1000 S. Fremont Ave, Unit 42
Bldg. A-10N, Suite 10-210 Alhambra, CA 91803
mcreter@sgvcog.org
To City: Sara Somogyi
Director of Recreation and Community Services
375 Campus Drive/PO BOX 60021
Arcadia, CA 91007 626.821.4369
ssomogyi@ArcadiaCA.gov
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B. No Partnership. This Agreement is not intended to be, and shall not be
construed as, an agreement to form a partnership, agency relationship, or a
joint venture between the Parties. Except as otherwise specifically provided in the Agreement, neither Party shall be authorized to act as an agent of or
otherwise to represent the other Party.
C. Entire Agreement. This Agreement constitutes the entire understanding
between the parties with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be
modified only in writing, and signed by the parties in interest at the time of
such modification.
D. Governing Law. This Agreement shall be governed by and construed under California law and any applicable federal law without giving effect to that body
of laws pertaining to conflict of laws. In the event of any legal action to
enforce or interpret this Agreement, the Parties hereto agree that the sole and
exclusive venue shall be a court of competent jurisdiction located in Los
Angeles County, California.
E. Attorneys’ Fees. In the event that there is any litigation or other legal
proceeding between the Parties in connection with this Agreement, each
party shall bear its own costs and expenses, including attorneys’ fees.
F. Excusable Delays. Neither Party hereto shall be considered in default in the
performance of its obligations hereunder to the extent that the performance of
any such obligation is prevented or delayed by unforeseen causes including
acts of God, floods, earthquakes, fires, acts of a public enemy, and
government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the
nature and extent of any such circumstances claimed to delay, hinder, or
prevent performance of any obligations under this Agreement.
G. Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term,
condition, or covenant. No waiver of any provision of this Agreement shall be
effective unless in writing and signed by a duly authorized representative of
the party against whom enforcement of a waiver is sought.
H. Headings. The section headings contained in this Agreement are for
convenience and identification only and shall not be deemed to limit or define
the contents to which they relate.
I. Assignment. Neither party may assign its interest in this Agreement, or any part thereof, without the prior written consent of the other party. Any
assignment without consent shall be void and unenforceable.
J. Severability. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated
in any way.
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K. Authority to Execute. The person executing this Agreement on behalf of the
Parties warrant that they are duly authorized to execute this Agreement on
behalf of said Parties, and that by doing so the Parties are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above written.
CITY OF ARCADIA
By:___________________________
Dominic Lazzaretto City Manager
Date:__________________________
ATTEST:
______________________________
City Clerk
APPROVED AS TO FORM:
_______________________________
Stephen P. Deitsch
City Attorney
FOR THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS
By: ____________________________
Marisa Creter Interim Executive Director
Date:___________________________
ATTEST:
_______________________________ Marisa Creter, Secretary
APPROVED AS TO FORM:
________________________________
Richard D. Jones
General Counsel