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HomeMy WebLinkAboutE-7 - Staff Report - Five City Cohort MOU CONSENT ITEM E-7 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ANN GRAF, DIRECTOR OF INFORMATION TECHNOLOGY AND LIBRARY SERVICES DATE: DECEMBER 2, 2019 SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE CITIES OF DUARTE, GLENDORA, WEST COVINA AND COVINA TO SHARE HOUSING NAVIGATORS BACKGROUND: On January 24, 2019, the East San Gabriel Valley Co-Hort (ESGV Co-Hort) made up of 5 cities, Azusa, Glendora, Duarte, Covina and West Covina received notice for a grant award from Measure H for a multi-jurisdictional application to expand the service system to help those experiencing and at- risk of homelessness. The grant will fulfill some of activities outlined in the City’s Homelessness Plan by providing funding for five (5) housing navigators, one of which will be a working case manager supervisor, over a period of eighteen (18) months. A housing navigator will be located in each of the participating cities. RECOMMENDATION: Staff recommends the City Council take the following action: 1)Authorize the City Manager to execute the Memorandum of Understanding for the ESGV Co- Hort and related documents, in a form acceptable to the City Attorney, on behalf of the City. ANALYSIS: The grant provides Measure H funding in the amount of $343,250 which will provide funding for five (5) contracted housing navigators, one of which will be a working case manager supervisor, over a period of eighteen (18) months. A case manager will be located in each of the participating cities. The grant requires a match of $291,280. Each city’s match will be $58,256, a combination of in-kind support services and cash match. The grant amount to each city will be approximately $68,650. The MOU provides the basic understanding between the five cities to set forth basic provisions regarding the shared case management team, as follows: •Each City will provide $25,256 of in-kind match by providing office space, parking, utilities, office equipment, etc. •Each City will provide $33,000 cash match over 18 months. APPROVED CITY COUNCIL 12/2/2019 MOU 5-Cities Grant December 2, 2019 Page 2 • West Covina will be the lead agency and will contract with Los Angeles County and administer the funds. • Each City will handle expenditures of their respective cash-match amounts. • Each City must maintain records for five years following the expiration of the MOU. • The MOU will expire 18 months after the effective date. • The ESGV Cohort will select a consultant to provide services, will enter into a contract to provide case management services, and will administer the contract. These efforts provide referrals to Housing Navigators that have access to the Centralized Entry System (CES) that allows linkages to services in Los Angeles County with the ultimate goal of providing housing. FISCAL IMPACT: The fiscal impact will increase General Fund cost for FY 2019-20 in the amount of $22,000 and $25,256 for in kind services. Upon approval of this action staff will prepare the necessary budget amendments. Subsequent costs will be added during the fiscal year budget adoption process. Prepared by: Reviewed and Approved by: Ann Graf Sergio Gonzalez Director of Information Technology City Manager and Library Services Attachment: 1. MOU ESGV-CoHort Page 1 of 7 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (“MOU”) dated as of the ____ day of ______________, 2019, is between the City of West Covina, a municipal corporation; the City of Covina, a municipal corporation; City of Glendora, a general law city & municipal corporation; City of Duarte, a municipal corporation; and City of Azusa, a municipal corporation (the aforementioned cities are sometimes referred to herein individually as “City” and collectively as “Cities” or “ESGV Cohort”) RECITALS A.The Cities and the County of Los Angeles have been working cooperatively to address issues related to homeless individuals and individuals at risk of homelessness. To that end, the County released the 2018 Cities Homelessness Plan Implementation Request for Proposals in September 2018. The Cities submitted collaborative Priority Area 2 Proposal (the “ESGV Cohort Proposal”) to fund a new five-member case management team to strengthen services and Coordinated Entry System (CES) coordination by sharing the case management team that will offer a point of entry into supportive services available throughout the county and will mobilize for projects such as outreach fairs and riverbed engagement. B.The Cities’ goal is to decrease homelessness in the five cities by engaging those individuals experiencing homelessness and directing them to essential supportive services to remove barriers and move them into permanent housing. C.The Cities have now been awarded a grant under the 2018 Cities Homelessness Plan Implementation Program in the amount of $343,250. (the “Grant Funds”). D.The purpose of this MOU is to provide the basic understanding between the Cities with respect to the Grant Funds and to set forth basic provisions that the Cities contemplate to utilize the shared case management team. AGREEMENT NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises herein contained, the Parties hereto agree as follows: I.Term: Term: This MOU shall be effective as of the date the last City has executed the same (“Effective Date”). This MOU shall remain in full force and effect for 18 months (“Term”) subsequent to the Effective Date. ATTACHMENT 1 Page 2 of 7 II. CITY’S RESPONSIBILITIES: A. The Grant Funds will be used to fund one Case Management Supervisor and four Case Managers (the “Case Management Team”). Each City will host a grant- funded position on-site. B. To meet the Grant Funds matching requirements, each City will make an in-kind contribution in the amount of $25,256 by providing office space, parking, utilities, etc. over the 18-month term of the grant, as well as a cash contribution in the amount of $33,000. C. The Cities hereby warrant, represent, and covenant that each City will comply with all applicable local, state or federal guidelines, regulations, requirements and statutes and/or as required under the laws or regulations relating to the source of the Grant Funds to be transferred by the County to the Cities pursuant to this MOU, and will not use the Grant Funds for costs associated with activities in violation of any law or for any activity inconsistent with the requirements and purposes set forth in this MOU and the ESGV Cohort Proposal. D. West Covina will be the lead agency in respect to contracting with the County for the Grant Funds and administration of the Grant Funds. West Covina will process/submit reimbursement requests to the County, reimburse the partner Cities if Grant Funds are available in excess of the required payments to the contractor, and submit quarterly and final reporting to the County. E. Each City will handle expenditures of their respective cash-match amounts individually. As the Lead Agency, West Covina will execute a contract for services to be provided under this MOU with a contractor, pay contractor invoices, submit reimbursement requests, and submit reporting on collective performance. At this time, it is estimated the Grant Funds will be fully used to compensate the Contractor. F. Based on the Grant Funds proposal, each City agreed to make an in-kind match of $25,256 as well as a cash-match of $33,000. The Grant Funds proposal included an estimated cost for the Contractor that would require $16,600 of each City’s cash-match be used to supplement grant funding to pay the Contractor. Because the Contractor has not yet provided a final quote, the exact amount of the contractor reimbursement cash match per City has not yet been established and is contingent on the final cost of the contractor, however, in no event shall the cost match during the initial term exceed the amount of $20,000. G. Each City shall make a cash match payment in an amount not to exceed $20,000. to West Covina to compensate the Contractor. The Cities Implementation Team (as defined below) will coordinate a payment schedule for all of the Cities to make the cash reimbursement to West Covina as lead agency on the services contract. H. The in-kind contribution and the balance of the cash-match (proposed as $16,400, but will be contingent on contractor cost) will be retained by each City for Page 3 of 7 supplies and non-personnel costs consistent with the authorized uses of the Grant Funds, and will be managed and controlled by each City. I. Each City shall maintain records related to the operation of the Case Management Team and use of Grant Funds for five (5) years following the expiration of this MOU. III. CONTRACTOR SELECTION AND ADMINISTRATION: A. The ESGV Cohort Proposal identifies an individual from each City that, collectively, will comprise the Cities Implementation Team. The members of the Cities Implementation Team will meet as often as necessary to review the proposals from contractors to perform the Case Management Team scope of work set forth in the ESGV Cohort Proposal and to make a final selection of a contractor for the Case Management Team. B. After selection of the contractor has been approved by the Cities Implementation Team, the City of West Covina will enter into a contract with the contractor to provide Case Management Team services and the Cities Implementation Team will thereafter administer that contract. C. The Cities, after consultation with the City Attorney of each City, will ensure the contract terms meet program requirements for the Grant Funds and address all required obligations, including but not limited to insurance, indemnification, non- discrimination, prohibition on religious activity, recordkeeping, invoice procedures and program reporting. D. Any amendments to the contract term, amount, or scope of work will be discussed and agreed upon by the Cities Implementation Team. No City will authorize the Contractor to exceed the contracted costs without the prior written consent and approval of the City Implementation Team. E. Should any of the Cities engage the contractor to initiate a specific task unique to their organization, the financial obligation and project management for that specific task will be the sole responsibility of that City and will not be covered under this MOU or the ESGV Cohort service contract executed to implement this MOU. F. The obligations and participation of the County under this MOU shall be limited solely to the issuance of the Funds to the Cities in accordance with the requirements of this MOU or the terms/legal requirements of the source of the Funds. G. To the maximum extent permitted by law, the City of West Covina shall include in the agreements with the contractor an indemnification clause requiring the contractor to defend, indemnify and hold harmless the Cities of Azusa, Covina, Duarte and Glendora, their elected and appointed officers, employees, attorneys, agents, and designated volunteers from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert Page 4 of 7 fees), arising from or connected with the contractor’s performance of its agreement with the City of West Covina. In addition, the City of West Covina shall require the contractor to carry, maintain, and keep in full force and effect an insurance policy or policies, and the Cities of Azusa, Covina, Duarte and Glendora, their elected and appointed officers, employees, attorneys, agents and designated volunteers shall be named as additional insureds on the policy(ies) with respect to liabilities arising out of the contractor’s work. These requirements will also apply to any subcontractors hired by the City of West Covina work specific to this MOU. IV. THIRD PARTY LIABILITY AND INDEMNIFICATION: A. Each City which is a party to this MOU agrees to cooperate with the other Cities in the operation of their respective risk management systems, insofar as such operation relates to this MOU. Each party agrees that if any incident, loss, damage, or claim occurs and is reported as a part of its respective risk management system arising out of the activities involved with this MOU, such report will be immediately delivered to the members of the City Implementation Team. It is agreed and understood that said reports will be held in the strictest of confidence and that each party agrees to cooperate fully with the other in the investigation and resolution of the incident or liability exposure revealed as a result of its respective risk management system. B. This MOU is not intended to be a third-party beneficiary contract and confers no rights on anyone other than the parties hereto. C. As each City will have one member of the Case Management Team working from a site in each City, in the event that claims or liability to third parties, loss, or damage arises as a result of activities at a City, the City which incurred the liability shall defend, indemnify and hold harmless each of the other Cities, as well as their respective officers, agents and employees from any claim, loss or liability including without limitation, those for personal injury (including death) or damage to property, arising out of or connected with any acts or omissions of the City incurring the claim or liability or its officers, agents, or employees when performing any activities or obligations required of that party under this MOU. D. Subject to paragraph C above, in the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by the Cities or any City in fulfillment of their responsibilities under this MOU, such liability, loss, or damage shall be borne by each City in relation to each City’s responsibilities under these joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity by the Cities, or any City or their officer, employees, or agents, respectively, as provided by law. Page 5 of 7 V. MISCELLANEOUS A. This MOU shall be binding upon and inure to the benefit of the Cities and their permitted successors, assigns and legal representatives. B. This MOU (including for the purpose of clarity, the recitals, to this MOU), contains the entire agreement between the Cities with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein C. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the authorized representative from each City; no oral understanding or agreement not incorporated herein shall be binding on any of the Cities. D. The Cities hereby certify compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace as set forth in Exhibit 2, attached hereto and incorporated herein by reference. E. In the event a City defaults in the performance of any of their obligations under this MOU or materially breaches any of the provisions of this MOU, the non-breaching Cities may enforce this MOU through any available remedies. F. Notices or other communications, which may be required or provided under the terms of this MOU, shall be given to the individuals identified for each City in the Proposal as a member of the City Implementation Team. All notices shall be in writing and deemed effective when delivered in person or deposited in the United States mail, first class, postage prepaid and addressed as above. Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and any such notice so given shall be deemed to have been given upon receipt during normal business hours or, in the event of receipt after business, on the following business day. Any notices, correspondence, reports and/or statements authorized or required by this MOU, addressed in any other fashion shall be deemed not given. G. In any action or proceeding to enforce or interpret any provision of this MOU, or where any provision hereof is validly asserted as a defense, the Parties shall bear their own attorney’s fees, costs and expenses. H. Each Party warrants, represents, and covenants that the execution, delivery and performance of this MOU have been duly authorized by all necessary action of such Party’s governing board, and the person executing this MOU on behalf of such Party has been duly authorized and empowered to do so on behalf of such Party. I. The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this MOU. In the event of any legal action to enforce or interpret this Contract, the laws of state of California shall apply. Page 6 of 7 J. Any City shall be excused from performing its obligations under this MOU during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to any incidence of fire or flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material wrongful act or omission by the other Party; when satisfactory evidence of such cause is presented to the other City, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the City not performing. K. Each City agrees that the insurance held by the other, whether commercial or self-insurance, is sufficient for the purpose of this MOU. L. This MOU may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute the same agreement. M. Authority and Signatures: The individuals signing this MOU, and its exhibits, which are incorporated herein by reference, have the authority to commit the City they represent to the terms of this MOU, and do so commit by signing. . CITY OF WEST COVINA, CALIFORNIA By: David Carmany, City Manager CITY OF COVINA, CALIFORNIA By: Brian Saeki City Manager CITY OF GLENDORA, CALIFORNIA By: Adam Raymond City Manager Page 7 of 7 CITY OF DUARTE, CALIFORNIA By: Manuel Enriquez, Interim Successor City Manager CITY OF AZUSA, CALIFORNIA By: Sergio Gonzalez City Manager