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HomeMy WebLinkAboutC-4294 WG-C(0 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: 1 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. 2 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. 3 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, 4 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 5 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] 6 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 1Y-:-- ------ - - -f" '-' --t)- -4. )) OF y , ,,,g ,,f4e, 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 ..._,. APPROVED AS TO FORM: APPROVED AS TO FORM: (.,editopoer de Stephen P. Deitsch eresa L. Highsmit' City Attorney City Attorney 7