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HomeMy WebLinkAboutC-4117 C- 411 fI - 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. 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. 2 1 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 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- 3 I� 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 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: 4 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 jciccosgvcog.orq 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(a�sgvcoq.org To City: Sara Somogyi Director of Recreation and Community Services 375 Campus Drive/PO BOX 60021 Arcadia, CA 91007 626.821.4369 ssomogyi a.ArcadiaCA.gov 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. 5 I 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. 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. 6 FOR THE SAN GABRIEL VALLEY CITY OF ARCADIA COUNCIL OF GOVERNMENTS Dominic Lazzaretto Marisa Creter City Manager Interim Executive Director Date: `Z.p Date: ATTEST: ATTEST: 1.0 .21,AAA,r Nil CA City Clerk J 1 Marisa r r, Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: 6-tAq Stephen P. Deitsch Richard D. ones City Attorney General Counsel I 4 I 4 I 7 4 EXHIBIT A REQUEST FOR PROPOSAL SCOPE OF WORK FOR CITY HOMELESS PLANNING SGVCOG Request for Proposal Scope of Work for City Homeless Planning Scope of Work The SGVCOG expects ongoing and open communications between designated SGVCOG representatives and the consultant over the course of each phase. All products and recommendations must comply with applicable State and Federal laws. Proposals must describe how the proposer will work with each city to develop a Homelessness Plan that includes the following elements: 1. Overview of each participating city,the jurisdictional environment,and status of homelessness 2. Objectives to be accomplished 3. Stakeholder engagement efforts 4. Partnership reports, that includes key stakeholder engagement effots 5. Needs assessment at regional, subregional and city levels 6. Subpopulations at the city level 7. A "fair share" model, identifying demonstrable ties of homeless persons to a city. This will help determine each city's homeless population and the cities' roles in local, regional, sub- regional homeless assistance. Developing a uniform agreed upon concept of each cities homeless population for prioritization while also supporting the Countywide effort The consultant will provide a work schedule for each city and a combined schedule for sub- regional/regional effort. The consultant will coordinate schedule changes and plan communications with the SGVCOG.The consultant will also provide a customized draft Homeless Plan which will be submitted to the SGVCOG for review and recommendation to each city; cities will then provide internal approvals/submission and then submit final work product to the County on or before the final due date. Additionally, the consultant is required to provide Post Plan Submission support to the cities to help address questions and educate about the plan to city council. Coordination of a Post Plan Regional Summit with the SGVCOG is also required. 5