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2500 - San Gabriel Valley Council of Governments - City Homeless Program Memorandum of AgreementCity Copy MEMORANDUM OF AGREEMENT CITY HOMELESS PROGRAM MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG) This Memorandum of Agreement ("MOA") is by and between the City of Rosemead (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 by the member cities and other local governmental agencies; B. The SGVCOG entered into a contract with the County of Los Angeles for the purposes of administering Measure H funding allocations in support of the County's Homeless Initiative (HI) strategies to combat homelessness in the San Gabriel Valley; C. The SGVCOG received funding from the State of California via the 2019 Budget Trailer bill for the purposes of combating homelessness in the San Gabriel Valley; D. The SGVCOG allocated a portion of this funding towards the implementation of member cities' previously -developed homeless plans, the development of programs to prevent homelessness, and the implementation of pilot programs; E. The SGVCOG also allocated a portion of this funding to a landlord outreach and incentive program in which cities could opt to participate and executed a contract with Union Station Homeless Services and S. Groner Associates to implement the program; F. The SGVCOG allocated a portion of this funding to the development of homeless plans for member cities that had not previously developed plans and executed a contract with Focus Strategies to complete the plans; G. The City seeks to develop homeless programs; H. The City's homeless programs will support strategies and solutions to prevent and decrease homelessness within the City, based on local concerns and priorities; I. The City and the SGVCOG have a shared desire to successfully develop homeless programs, as defined in the attached scope of work (Exhibit A), to combat homelessness in the San Gabriel Valley; J. The City opted to participate in the SGVCOG's landlord outreach, education, and incentive program; K. The City seeks to participate in the SGVCOG's contract with Focus Strategies for the development of a homeless plan for the City; and 1501411.1 L. 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 the date upon which all eligible expenditures have been reimbursed. The term of this MOA may be extended by mutual agreement of both Parties by way of an amendment to this MOA. II. RESPONSIBILTIES OF EACH OF THE PARTIES: A. SGVCOG 1. Undertake procurement, execute, and manage consultant and service provider contracts as necessary for regional homeless programs. 2. Review and pay properly submitted invoices for regional homeless programs and eligible City homeless program activities. 3. Manage and administer contracts and pay invoices for the following regional programs in which the City is participating: a. Landlord Outreach and Incentive Program b. City Homeless Plan Development 4. Manage invoicing and reporting schedules and deadlines. 5. Review submitted deliverables and reports from the City and notify City as to any additional that is required. 6. Coordinate participation in conference calls and/or meetings as necessary. 7. Review and approve procurement procedures for City's use of funds. 8. Hold monthly Homeless Working Group meetings with City's Project Manager to support information sharing. 9. Provide payment to the City within 30 days of approval of a City's invoice. 10. Reimburse the City up to $15,000, as described in Exhibit B. B. City 1. Must maintain membership in the SGVCOG during the entire term of this MOA. 2. Participate in monthly Homeless Working Group meeting. 3. 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. 4. Participate in scheduled conference calls and/or meetings throughout the term of this MOA. 5. Manage the homeless programs and activities to be implemented by the City, as such are described in Exhibit A. 6. Respond to SGVCOG and/or contractor requests related to the City's programs in a timely manner 7. Provide feedback and respond to SGVCOG and/or contractor requests for the City's participation in regional programs, including landlord outreach and incentive program and City homeless plan development. 8. For participation in the Landlord Outreach and Incentive Program: 1501411.1 a. Respond to requests, provide data and information as requested, review materials, and provide input to the SGVCOG and its selected vendor to support the implementation of the Regional Landlord Education, Outreach and Incentive Program in the City. 9. For participation in City's Homeless Plan Development: a. Respond to requests, provide data and information as requested, review materials, and provide input to the SGVCOG and its selected vendor to support the development of the City's homeless plan. b. Work directly with the selected vendor to provide support as needed for activities related to project administration, stakeholder engagement, data collection, and plan adoption. 10. Procure and administer contracts funded by the SGVCOG in accordance with SGVCOG-approved procurement procedures. Submit contracts or purchase orders executed with third -party vendors to the SGVCOG for authorization prior to the performance of work thereunder for which the City will be requesting reimbursement. 11. Submit rates for City staff time for SGVCOG approval prior to City staff performing work for which the City will seek reimbursement. 12. Submit deliverables and reports to the SGVCOG in accordance with the schedule included in Exhibit B. 13. Submit invoices to the SGVCOG in accordance with the schedule included in Exhibit B. 14. Reimburse the SGVCOG for expenditures that are determined to be not in compliance with funding requirements. III. PROJECT MANAGEMENT: A. For purposes of this MOA, the SGVCOG designates the following individual as its Project Manager: Samantha Matthews SGVCOG Management Analyst 1000 S. Fremont Ave, Unit 42 Bldg. A10 -N, Suite 10210 Alhambra, CA 91803 626.457.1800 smatthews@sgvcog.org B. For purposes of this MOA, the City of Rosemead designates the following individual as its Project Manager: Angelica Frausto-Lupo Director of Community Development 8838 E. Valley Blvd. Rosemead, CA 91770 626.569.2261 afrausto-lupo@cityofrosemead.org Additional parties' contacts include the following individuals: 1501411.1 Marisa Creter Executive Director San Gabriel Valley Council of Governments mcreter@sgvcog.org C. Either Party may change its Project Manager or contacts upon written notice to the other Party. IV. 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. V. INDEMNITY: A. Neither the SGVCOG or its 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 or its respective officers, agents, employees, or volunteers 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 SGVCOG. 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, 1501411.1 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 of Rosemead. VI. OTHER TERMS AND CONDITIONS: A. In performing this MOA, neither the City nor SGVCOG is a contractor, agent or employer 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, earthquake, 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. In witness whereof, the Parties enter into this MOA on the date of last execution by the Parties. 1501411.1 FOR THE CITY OF ROSEMEAD B\ Gloria Molleda City Manager Date: -1 I L c t Zo,) ATTEST: f�� Ericka Hernandez City Clerk APPROVED AS TO FORM: RachekRich�tian�� City Attorney FOR THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS By: n)r,- Marisa Creter Executive Director Date: C67 General Counsel 6 1501411.1 EXHIBIT A Scope of Work Program: Prevention and Diversion Task 1: By September 1, 2020, implement a prevention and diversion program that incorporates problem -solving conversations with clients in order to develop an approach towards preventing clients from falling into homelessness or minimizing the amount of time from which clients are facing homelessness. The Program will be implemented in accordance with the City's submitted application, included as Exhibit C. Eligible activities include but are not limited to the following: • Housing relocation and stabilization; • Short-term or medium-term rental assistance; • Rental application fees; • Security deposits; • Utility deposits & payments; • Moving costs; • Housing search and placement; • Housing stability case management; • Mediation; • Tenant legal services; • Credit repair. Other activities should be discussed with the SGVCOG prior to using funding. Program implementers and administrators must have completed an approved problem -solving training (e.g. SGVCOG Problem -Solving; LAHSA Problem -Solving Training). Deliverables: • Prevention and Diversion Report Forms for each client served and outcomes after intervention, in the format provided by the SGVCOG • Final report at the end of the program documenting number of clients served and outcomes after intervention, in the format provided by the SGVCOG Basis of Billing: Materials Reimbursement Invoice Backup: Invoices, receipts, etc. documenting how funding was used. EXHIBIT B Budget/Schedule Program: Prevention and Diversion The City shall receive a maximum of $15,000 for implementation of the Prevention/Diversion Program. Funding shall be disbursed on a reimbursement basis. Quarterly reports must be submitted by the first Monday of each month, in accordance with the schedule listed below. 2020 2021 2022 • October 5, 2020 • January 4, 2021 • January 3, 2022 • Aril 5, 2021 • Aril 4, 2022 • July 5, 2021 • October 4, 2021 All funding must be expended by June 15, 2022. The final report is due by June 15, 2022.