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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SOUTH PASADENA AND THE CITY OF ARCADIA
FOR THE MULTIJURISDIATIONAL HOMELESSNESS PLAN IMPLEMENTATION
This Memorandum of Understanding ("MOU" or"Agreement") is made and entered
by and between the City of Arcadia, a municipal corporation ("Arcadia"), and the City of
South Pasadena, a municipal corporation ("South Pasadena") for the purpose of
improving the current response to homeless individuals in need of housing. Arcadia and
South Pasadena may be referred to herein collectively as the "Parties" or individually as
a "Party."
RECITALS:
A. Arcadia and South Pasadena collaborated to qualify for the Measure H
Homelessness Implementation Planning Grant Funds.
B. Arcadia and South Pasadena have a shared desire to work together and jointly
coordinate activities to successfully implement a multijurisdictional
Homelessness Plan to combat the growing homelessness issues in the San
Gabriel Valley.
C. The Multijurisdictional Homelessness Plan Implementation will support
homeless diversion and prevention strategies within local communities, and
identify local problem areas or issues as they pertain to homelessness.
D. Arcadia and South Pasadena were awarded a joint multijurisdictional Measure
H grant to provide homeless outreach, case management, interim housing
services and public education in the amount of $292,000.
E. Arcadia is the lead agency for the multijurisdictional award and as such is the
only signatory to the service agreement with Union Station Homeless Services
and the only signatory to the Statement of Work with the County of Los Angeles.
F. Arcadia and South Pasadena desire to set forth the terms of their ongoing
collaboration with respect to this effort in this MOU.
G. Representatives from Arcadia and South Pasadena will work together in good
faith to resolve implementation issues, if any, in a timely manner as they arise.
NOW, THEREFORE, the Parties agree as follows:
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TERM:
The term of this MOU shall commence upon execution of the MOU by the Parties
and shall continue for a period of up to eighteen (18) months, or February 2021,
whichever comes first. The term of this MOU may be extended by mutual written
agreement of the Parties.
II. RESPONSIBILITIES OF THE PARTIES:
A. ARCADIA. Arcadia will:
1. Lead and solely execute a Memorandum of Understanding ("MOU")
with Union Station Homeless Services ("USHS") to implement
homeless outreach, case management, interim housing services and
public education in the City of Arcadia and the City of South
Pasadena.
2. Lead and solely execute the Statement of Work ("SOW") with the
County of Los Angeles establishing combined metrics and target
outcomes for both the City of Arcadia and the City of South
Pasadena.
3. Work with the City of South Pasadena by consensus and approach
decisions in a collaborative manner to implement the objectives of
the USHS MOU and the County of Los Angeles SOW.
4. Seek comment and agreement from the City of South Pasadena on
all contracts, MOUs and SOWs related to this multijurisdictional
Measure H grant prior to execution.
5. Coordinate with USHS, the County of Los Angeles and the City of
South Pasadena to manage funding and to process all payments
received by Arcadia from USHS related to the Measure H
multijurisdictional grant award.
6. Receive, review, and coordinate payment of all consultant invoices
received by Arcadia from USHS including invoices for payment of a
case manager ("Case Manager").
7. Provide administrative oversight and coordination of housing and
homelessness services and resources for motel vouchers and rapid
rehousing within the City of Arcadia.
8. Partner with USHS to develop a linkage protocol to refer families and
individuals that are recently homeless or at risk of homelessness to
the rapid rehousing short-term rental assistance program.
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9. Secure location and work space for the Case Manager in Arcadia.
10.With respect to the City of Arcadia, monitor the Case Manager to
ensure all grant deadlines are met and overall work schedule is
adhered to.
11.Participate in monthly meetings with the City of South Pasadena and
USHS to review progress toward this multijurisdictional
Homelessness Plan Implementation grant.
B. SOUTH PASADENA. South Pasadena will:
1. Work collaboratively with the City of Arcadia and provide consensus
direction to carry out the goals regarding the USHS MOU and the
SOW.
2. Provide administrative oversight and coordination of housing and
homelessness services and resources for motel vouchers and rapid
rehousing within the City of South Pasadena.
3. Partner with USHS to develop a linkage protocol to refer families and
individuals that are recently homeless or at risk of homelessness to
the rapid rehousing short-term rental assistance program.
4. Secure location and work space for the Case Manager in South
Pasadena.
5. With respect to City of South Pasadena, monitor the Case Manager to
ensure all grant deadlines are met and overall work schedule is
adhered to.
6. Participate in monthly meetings with the City of Arcadia and Union
Station Homelessness Services to review progress toward the
implementation of this multijurisdictional Homelessness Plan
Implementation grant.
7. With respect to both cities of Arcadia and South Pasadena, document
the number of potential participants, local service providers, and
community agencies contacted for motel vouchers and rapid
rehousing.
8. Prepare and submit multijurisdictional quarterly reports to the County
of Los Angeles incorporating both the City of Arcadia and the City of
South Pasadena's combined progress toward achieving the SOW
metrics.
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C. The Parties understand and agree that the sole source for their
obligations shall be Measure H Grant described herein. Neither the City
of Arcadia nor City of South Pasadena shall claim or demand from the
other party to pay any additional funds other than the foregoing.
III. PROJECT MANAGEMENT:
A. Project Managers.
1. For purposes of this MOU, Arcadia designates the following individual
as its Project Manager: Sara Somogyi, Director of Recreation and
Community Services.
2. For purposes of this MOU, South Pasadena designates the following
individual as its Project Manager: Sergeant Shannon Robledo.
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 Implementation.
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 either Party, ARCADIA and SOUTH
PASADENA 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.
VI. INDEMNIFICATION:
Arcadia agrees to defend, indemnify, and hold free and harmless South
Pasadena, its elected and appointed boards, officials, officers, agents,
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employees, members, and volunteers, at City's sole expense, from and against
any and all claims, actions, suits or other legal proceedings brought against South
Pasadena, its elected and appointed boards, officials, officers, agents,
employees, members, and volunteers arising out of or relating to the acts or
omissions in connection with this Agreement.
South Pasadena agrees to defend, indemnify, and hold free and harmless
Arcadia, 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 Arcadia, its
elected and appointed boards, officials, officers, agents, employees, members,
and volunteers arising out of or relating to the acts or omissions in connection
with this Agreement.
VII. INSURANCE:
Arcadia and South Pasadena 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 Arcadia's or South Pasadena's performance of its obligations
hereunder.
VIII. OTHER TERMS AND CONDITIONS:
A. 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.
B. 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.
C. 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.
D. 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
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the nature and extent of any such circumstances claimed to delay, hinder, or
prevent performance of any obligations under this Agreement.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
[SIGNATURES ON THE NEXT PAGE]
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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 CITY OF SOUTH PASADENA
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By: if . r
°runic Lazzar ha ie DeWolfe
City Manager City Manager
Date: CX.4c 0 ez,ca, -3\ , 2-010\ Date: 01/ I ..f/D.c...)a(7,
ATTEST: ATTEST:
atieliK1 )
City Clerk i City ClerA
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APPROVED AS TO FORM: APPROVED AS TO FORM:
(.,editopoer de
Stephen P. Deitsch eresa L. Highsmit'
City Attorney City Attorney
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