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HomeMy WebLinkAboutItem 10g - Reimbursement Grant for City Homeless Program DATE: December 19, 2023 TO: Honorable Mayor and City Council FROM: Sara Somogyi, Director of Recreation and Community Services By Ashley Marston, Management Analyst SUBJECT: MEMORANDUM OF AGREEMENT WITH SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS TO RECEIVE REIMBURSEMENT GRANT FOR CITY HOMELESS PROGRAM CEQA: Not a Project Recommendation: Accept and Approve SUMMARY The City of Arcadia has been awarded a reimbursement grant from the San Gabriel Valley Council of Governments (“SGVCOG”) to address homelessness. Grant funds can be used for a variety of services, including short-term hotel stays to help those on a set path to stable housing. These funds will help offset the City’s previous allocations to homelessness solutions. The reimbursement grant totals $40,000. It is recommended that the City Council accept the SGVCOG reimbursement grant in the amount of $40,000 for the implementation of the City Homeless Program; and authorize the City Manager to execute the Memorandum of Agreement with the SGVCOG. BACKGROUND In Fiscal Year 2022-23, the City of Arcadia participated in the SGVCOG’s regional homelessness programs, including the Supplemental Services Program and the High Acuity Program. Each of the programs offered street outreach and case management services to the Arcadia community one day per week. These regional teams operated concurrently with Arcadia’s three, full-time case managers from Los Angeles Centers for Drug and Alcohol Abuse (“L.A. CADA”) who provide services seven days a week. The regional team’s duplication of services provided little benefit to the City. For Fiscal Year 2023-24, the SGVCOG offered cities two choices: continue with the regional programs or opt-out and offer a City-specific program. Cities opting out of the regional programs would receive a specific award amount to offer a City-specific program, which would be based on their Point-in-Time count numbers. SGVCOG Reimbursement Grant for City Homeless Program December 19, 2023 Page 2 of 3 DISCUSSION In April 2023, Arcadia applied to opt-out of the SGVCOG regional programs and receive $40,000 for City-specific programs. The Memorandum of Agreement and the associated Statement of Work (“Agreement”) with SGVCOG outlines the parameters of the grant. The SGVCOG City Homeless Program grant funds are eligible to be expended on a variety of housing solutions to address homelessness, in which the City intends to utilize primarily on short-term hotel stays for those who have a defined path to permanent housing. These temporary stays must be secured at the best rate available and are not to exceed five days or $150 per night, unless prior approval is received from the SGVCOG. Hotel stays are intended to serve as temporary housing before moving into secured permanent housing, such as family reunification, interim housing, or permanent housing. The program will be implemented in collaboration with the City’s service provider, L.A. CADA, who will work individually with clients to assess needs and eligibility for City Homeless Program grant funds. Unlike the City’s other homeless funds, these monies can be allocated to individuals regardless of residency, allowing the City more flexibility in addressing the regional crisis. Data, reports, and invoices will be submitted to the SGVCOG monthly. At the end of the grant term, the City will submit a final report that includes a narrative on the success and challenges, demographics of clients, overview of services provides, follow-up client outcomes six months after services were provided, and overall performance metrics. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”) per Section 15061(b)(3) of the CEQA Guidelines, and it can be seen with certainty that it will have no impact on the environment. FISCAL IMPACT Costs related to the City Homeless Program will be offset by monthly reimbursements from the SGVCOG, not to exceed $40,000 in total. All grant funds must be expended by June 30, 2024. The term of this Agreement may be extended by mutual agreement and approval by Los Angeles County, by way of an amendment. RECOMMENDATION It is recommended the City Council determine this action does not constitute a project under CEQA; accept the SGVCOG reimbursement grant in the amount of $40,000 for the implementation of the City Homeless Program; and authorize the City Manager to execute the Memorandum of Agreement with the SGVCOG. SGVCOG Reimbursement Grant for City Homeless Program December 19, 2023 Page 3 of 3 Attachment: Memorandum of Agreement and Statement of Work with the SGVCOG MEMORANDUM OF AGREEMENT CITY HOMELESS PROGRAM MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ARCADIA AND THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG) This Memorandum of Agreement (“MOA”) is by and between the City of Arcadia (City) and the San Gabriel Valley Council of Governments (SGVCOG) to be effective as of the date signed by both Parties. RECITALS: A. The 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 within the jurisdictions of its member cities and its unincorporated areas; B. The SGVCOG entered into a contract with the County of Los Angeles for Measure H funding for the purposes of providing homeless services in support of the County's Homeless Initiative (HI) strategies to combat homelessness in the San Gabriel Valley; C. The SGVCOG allocated Measure H funding to support homelessness programs, as approved by the SGVCOG Governing Board, to address homelessness in the San Gabriel Valley which includes supplementing existing outreach services and engaging higher-acuity clients, housing solutions, and pilot programs; D. The City intends to implement their own city-specific program that will support persons experiencing homelessness (PEH) in the community; and E. The City and the SGVCOG desire to set forth the terms of their ongoing collaboration with respect to this effort in this MOA. NOW, THEREFORE, the Parties agree to the following: I.TERM: The term of this MOA shall commence upon execution of the MOA by all Parties and shall continue through June 30, 2024, or through the date upon which all eligible expenditures have been reimbursed, whichever occurs first. The term of this MOA may be extended by mutual agreement of both Parties by way of an amendment to this MOA. II.RESPONSIBILITIES OF EACH OF THE PARTIES: A. SGVCOG 1.Review submitted deliverables, reports, and invoices from the City and notify City as to any additional such documents that are required. 2. Coordinate conference calls and/or meetings with City as necessary. 3.Provide any updated point-of-contact described in Section III.B to serve as the SGVCOG’s Project Manager with name, title, and contact information. 4. Review and approve procurement procedures for City’s use of funds. 5.Hold monthly homeless working group meetings as needed to support information sharing. 6. Review City invoicing and reporting schedules and deadlines. 7. Provide payment to the City within 30 days of approval of City’s invoice. 8. Reimburse the City up to $40,000 for eligible expenses as described in Exhibit B. B.City 1.Manage the Program, as described in Exhibit A. 2.Submit timely deliverables, reports, and invoices, including spend down reports and appropriate backup documentation in a form reasonably approved by the SGVCOG. 3. Respond to SGVCOG requests related to the Program in a timely manner. 4.Maintain membership in the SGVCOG during the entire term of this MOA. 5. Participate in monthly homeless working group meetings. 6.Provide any updated point-of-contact described in Section III.B to serve as the City’s Project Manager with name, title, and contact information. 7.Submit procurement procedures for City's use of funds under this MOA for approval by the SGVCOG. Procure and administer contracts funded by the SGVCOG in accordance with the SGVCOG-approved procurement procedures. 8.Prior to performance of any work by third-party vendors for which the City will seek reimbursement, submit the final form of contracts or purchase orders executed with third-party vendors to the SGVCOG for authorization. SGVCOG shall have no obligation to reimburse City for contracts and purchase orders that do not receive its approval prior to performance of work and SGVCOG reserves the right to not reimburse work under contracts for which the approved procurement process is not followed or have not received the SGVCOG’s prior approval. 9.Submit rates for City-employed staff for SGVCOG approval prior to City staff performing work for which the City will seek reimbursement. SGVCOG reserves the right to not reimburse staff time if rates are not submitted to the SGVCOG prior to performance of the work. 10.Notify SGVCOG prior to releasing press materials related to the Program. 11. Ensure that the Program works in coordination with other existing City programs. 12.Ensure that all funding is expended by the end of the MOA term and, if not, inform the SGVCOG as soon as practicable of delays in expending funds. The SGVCOG reserves the right to retain any funds that it deems will not be spent in accordance with this MOA by the MOA deadline. 13.Reimburse the SGVCOG for expenditures that are determined to be ineligible expenses, as outlined in Section III, and/or that are not in compliance with Measure H funding requirements. 14.Request written approval from the SGVCOG using the SGVCOG’s designated process, prior to incurring eligible expenditures greater than $500. City may request prior written approval from the SGVCOG for expenses between $50 and $500 to ensure eligibility but is not required to do so. 15.Ensure that all funding is expended by the end of the MOA Term and, if not, inform the SGVCOG as soon as practicable of delays in expending funds. The SGVCOG reserves the right to retain any funds that it deems will not be spent in accordance with this MOA by the end of the MOA Term. 16.Receive approval from the SGVCOG prior to the use of housing solutions/flex funds. City can only access housing solutions/flex funds once all City has expended all funding. 17.Return all equipment purchased using funds secured through the MOA to SGVCOG upon the expiration or earlier termination of the MOA. City shall, at its sole expense, return the equipment in the same condition and appearance as when purchased by City (reasonable wear and tear excepted) and in good working order for the original intended purpose of the equipment. III.INELIGIBLE EXPENSES A.Work otherwise budgeted and funded by another source. B.Activities not outlined in the Program. C.Work not completed during the term of the MOA, including work performed prior to the effective date of this MOA. D.Advocacy and lobbying. E.Grant preparation. F.Participation in SGVCOG and/or other regional meetings. G.Activities not defined in Exhibit A. IV. INVOICING A.City must submit invoices on a quarterly basis, no later than the 20th day of the month following the end of each quarter, in accordance with the schedule in Exhibit B. City must provide all necessary documentation, including but not limited to timesheets, invoices, and deliverables, as support for the invoice. Invoice must include all work completed during the previous quarter. City’s final invoice for any eligible expenses not previously invoiced in the last quarterly invoice, shall be submitted within 30 days of the end of the MOA term. B.City must submit a quarterly report with the invoice indicating outcomes during the invoicing period, consistent with the format identified in Exhibit C. C.City must ensure expenditures are eligible for reimbursement. Any ineligible expenditures will not be reimbursed by the SGVCOG. D.Any late-submitted invoices are subject to a 5% penalty for each month for which the invoice is late. If an invoice is more than 3 months late, the penalty will increase to 10% per month. Penalties will be deducted from payments made by the SGVCOG on the invoices. E.Any funds that are not expended by the end of the MOA term and invoiced within 30 days thereof, may be retained by the SGVCOG for re-allocation to another program. V. AMENDMENTS: A.For any change which affects the scope of work, term, MOA, overall compensation, payments, or any term or condition included under this MOA, an amendment to the MOA shall be prepared and executed by the City and by the SGVCOG. B.For any change which does not materially affect the statement of work as described in Exhibit “A”, the City must receive prior approval by the SGVCOG’s Project Manager. VI. PROJECT MANAGEMENT: A.For purposes of this MOA, the SGVCOG designates the following individual as its Project Manager to which any notices required under this MOA shall be sent: Victoria Urenia SGVCOG Local Programs Liaison San Gabriel Valley Council of Governments 1333 S. Mayflower Ave., Suite 360 Monrovia, CA 91016 vurenia@sgvcog.org B.For purposes of this MOA, the City of Arcadia designates the following individual as its Project Manager to which any notices required under this MOA shall be sent: Sara Somogyi Director of Recreation and Community Services City of Arcadia 365 Campus Drive Arcadia, CA 91007 ssomogyi@arcadiaca.gov C.Additional Parties’ contacts and copies of notices to whom shall be sent include the following individuals: Marisa Creter Executive Director San Gabriel Valley Council of Governments 1333 S. Mayflower Ave, Suite 360 Monrovia, CA 91016 mcreter@sgvcog.org D.Either Party may change its Project Manager or contacts upon written notice to the other Party. VII.TERMINATION: A.This MOA may be terminated by either Party at any time without cause. Termination will occur 30 days after written notice is issued by a Party to the other Party’s Project Manager. The City shall stop work and not incur any additional expenses upon receipt of or issuance of such notice, except that which is reasonable and necessary to effectuate the termination. The City shall be entitled to reimbursement for eligible expenses that are reasonably and necessarily incurred up to the date that such termination is effective. B.This MOA may be terminated for cause at any time for a material default by one of the Parties upon written notice to the applicable Project Manager. In the event of termination for cause, termination will be in effect three days after deposit of the written notice in the U.S. Mail, postage pre-paid, unless otherwise stated at a later time in the written notice. VIII.INDEMNITY: A.Neither the SGVCOG, its member agencies, or their respective officers, employees, consultants or volunteers (the “SGVCOG Indemnitees), shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by the City or its respective officers, agents, employees, or volunteers under or in connection with the performance of this MOA. B.Neither the City or its respective officers, employees, consultants, or volunteers (the “City Indemnitees), shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by the SGVCOG Indemnitees under or in connection with the performance of this MOA C.The City shall indemnify, defend and hold the SGVCOG Indemnitees harmless from and against any liability, claims, losses, actions, and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of use of property, any legal fees and any claims for damages of any nature whatsoever arising out of or resulting from the City’s obligations under this MOA, unless caused by the negligence or willful misconduct of the SGVCOG Indemnitees. D.The SGVCOG shall indemnify, defend and hold the City Indemnitees harmless from and against any liability, claims, losses, actions, and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of use of property, any legal fees and any claims for damages of any nature whatsoever arising out of or resulting from the SGVCOG’s obligations under of this MOA, unless caused by the negligence or willful misconduct of the City Indemnitees. IX. OTHER TERMS AND CONDITIONS: A.In performing this MOA, neither the City nor SGVCOG is a contractor, agent or employee of the other. Neither the City or SGVCOG shall represent themselves as contractors, agents or employees of the other Party and shall have no powers to bind the other Party in contract or otherwise. B.This MOA, along with the applicable funding requirements of the SGVCOG’s agreement with the County of Los Angeles, constitute the entire understanding between the Parties, with respect to the subject matter herein. The MOA shall not be amended except in writing signed by the Parties. C.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, pandemic, 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 MOA. D.Neither Party shall assign this MOA, or any part thereof, without the prior written consent and prior approval of the other Party, nor any assignment without consent shall be void and unenforceable. E.This Agreement shall be governed by California law and any applicable federal law. F.If any provision of this MOA 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. G.The terms of this MOA shall inure to the benefit of, and shall be binding upon, each of the Parties and their respective approved successors and assigns. H.Consultant acknowledges that SGVCOG is receiving funding for this Agreement pursuant to Funding Agreement No. HI-23-003 with the County of Los Angeles, which is attached hereto as Exhibit “C” and incorporated by this reference, and that Consultant must abide by subsections X(k), X(n), and X(o) set forth therein. Section 30 is added to the Agreement, as follows: “30. County of Los Angeles Funding Requirements Consultant acknowledges that SGVCOG is receiving funding for this Agreement pursuant to Funding Agreement No. HI-23-003 with the County of Los Angeles (“County”), which is attached hereto as Exhibit “C” and incorporated by this reference, and that Consultant must abide by subsections X(k), X(n), and X(o) set forth therein. Consultant shall comply with the following provisions, which are a requirement of Funding Agreement No. HI-23-003: a. Notice to Employees Regarding the Federal Earned Income Credit. Consultant shall notify its employees, that they may be eligible for the Federal Earned Income Credit under the Federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice 1015. b. Compliance with the County Policy of Equity. SGVCOG acknowledges that the County takes its commitment to preserving the dignity and professionalism of the workplace very seriously, as set forth in the County Policy of Equity (CPOE) (https://ceop.lacounty.gov/). SGVCOG further acknowledges that the County strives to provide a workplace free from discrimination, harassment, retaliation and inappropriate conduct based on a protected characteristic, and which may violate the CPOE. SGVCOG, its employees, and Consultant shall acknowledge and certify receipt and understanding of the CPOE. Failure of the SGVOCG, its employees, or Consultant to uphold the County’s expectations of a workplace free from harassment and discrimination, including inappropriate conduct based on a protected characteristic, may subject the contractor to termination of contractual agreements as well as civil liability. c. Acknowledgment of County’s Commitment to The Safely Surrendered Baby Law. Consultant shall notify and provide to its employees, a fact sheet regarding the Safely Surrendered Baby Law, its implementation in Los Angeles County, and where and how to safely surrender a baby. The fact sheet is available on the Internet at www.babysafela.org for printing purposes.” [Signature page to follow] In witness whereof, the Parties enter into this MOA on the date of last execution by the Parties. FOR THE CITY OF Arcadia By: ___________________________ Dominic Lazzaretto City Manager Date: __________________________ APPROVED AS TO FORM: _______________________________ Michael J. Maurer City Attorney FOR THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS By: ____________________________ Marisa Creter Executive Director Date: __________________________ APPROVED AS TO FORM: _______________________________ David DeBerry General Counsel EXHIBIT "A" – Scope of Services City Program SOW: Arcadia Housing Solution Flexible Funds The City will build its capacity to serve people experiencing homelessness (PEH) by utilizing grant funding for housing solution flexible funds to purchase hotel gift cards to temporarily house PEH (Program). These funds are specifically for direct costs associated with housing, rehousing, or stabilizing clients, not to fund staffing costs for case management, problem solving, and housing navigation to support clients. In utilizing the hotel/motel vouchers, the City must comply with the expenditure limits and requirements established by the SGVCOG’s Housing Solutions Fund, specifically the following: •No more than 5 nights •Up to $150 per night. Should a night stay be rated higher than the allowable threshold, the SGVCOG will evaluate the request for funds on a case-by-case basis and determine its approval. •Must provide written documentation that it was the best rate available (e.g. screenshots of motel/hotel search on travel sites for booking dates or existing partnership agreement with local motel/hotels) •Motel/hotel voucher must serve as temporary housing option before moving into a secured permanent housing option (e.g. family reunification; interim housing setting; permanent housing) The Program will be implemented in collaboration with the City’s service provider, the Los Angeles Centers for Alcohol and Drug Abuse (L.A. CADA). Prior to program launch, the City will provide the SGVCOG with its guidelines for implementation and gift card management. Implementation guidelines must identify how the City will ensure that gift cards are not misused, including but not limited to the storage of gift cards, physical access to gift cards, and oversight of gift-card balance spend-down. The Guidelines shall also identify the individual(s) who will be responsible for implementing the Program and only those individuals will be authorized for Program Implementation. The Guidelines will also outline how the Implementer will determine when usage of the gift card(s) is the best intervention to support long-term stability and housing for the client, in a manner consistent with the SGVCOG’s Housing Solutions Guidelines, how the City will ensure racial equity in its program implementation – including collecting client demographics – and how the City will evaluate the long-term outcomes (after 6 months) of the clients following usage of the gift cards. The designated Implementer shall also receive pre- approval prior to the usage of the gift cards. The Implementer shall maintain a log documenting the purchase and usage of gift cards. At the end of the Program, the City shall submit a Final Report that includes a narrative on the successes and challenges of the Program, demographics of the clients served, an overview of the specific services provided, client outcomes 6 months after the intervention, and overall performance metrics, in the format provided by the SGVCOG. Gift cards may not be used for damages. Funding shall be provided on a reimbursement basis. The City shall be eligible for funding reimbursement after the gift card has been utilized, in accordance with the City’s implementation guidelines. Should the City desire to utilize funds for housing solutions other than motel/hotel vouchers, it can request to do so utilizing the process outlined in the SGVCOG’s Housing Solutions Guidelines. The City shall implement the Program meeting the following metrics: Metrics Quarterly Total Unique clients served 30 90 % of clients served that have retained housing and/or secured permanent housing following intervention 75% Task 1 The City will implement the program. Deliverables: •Implementation Guidelines, including elements as outlined above in the Scope of Services •Client report forms, or equivalent data, which must include the amount of funds disbursed on behalf of that client in a format approved by the SGVCOG. •Screenshots or other equivalent supportive documentation indicating motel/hotel best rate available. •Receipts and invoices documenting purchase of gift cards and usage of gift cards. •Gift Card Log. •Quarterly report that includes a narrative on the successes and challenges of implementing the Program, demographics of the clients served, an overview of the specific services provided, outcomes towards meeting the key performance metrics as listed above, or, if the metrics are not being met, the challenges in meeting the metrics, coordination with existing programs, outcomes after the intervention, and spend-down report in the format provided by the SGVCOG. Final report that includes a narrative on the successes and challenges of the Program, demographics of the clients served, an overview of the specific services provided, outcomes 6 months after the intervention, and overall performance metrics, in the format provided by the SGVCOG. Basis of Billing: The City must provide receipts for the purchase of gift cards and invoices for the usage of gift cards. EXHIBIT "B" Table 1. Budget The City shall receive a maximum of $40,000 for implementation of the City’s Program. Funding shall be disbursed on a reimbursement basis and in accordance with Table 1. Task Not to Exceed Amount Task 1 Program Implementation $40,000 Total $40,000 Reports and invoices must be submitted quarterly by the following dates: •45 days after execution of the MOA •April 20, 2024 The final report is due by July 20, 2024.