HomeMy WebLinkAboutE-9 Staff Report - City Hygiene ProgramCONSENT ITEM
E-9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: ROBERT DELGADILLO, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
DATE: MAY 18, 2020
SUBJECT: APPROVAL OF A MEMORANDUM OF AGREEMENT WITH THE SAN GABRIEL
VALLEY COUNCIL OF GOVERNMENTS FOR FUNDING TO EXPAND HYGIENE
SERVICES
SUMMARY:
The SGVCOG is being awarded funding by the County of Los Angeles to facilitate the expansion of
hygiene services for individuals and families experiencing homelessness in the San Gabriel Valley. The
funding is designed to enhance health and mitigate COVID-19 outbreaks. The funding must be
expended within three months.
RECOMMENDATION:
Staff recommends the City Council take the following action:
1)Authorize the City Manager to execute the memorandum of agreement (MOA) with the San
Gabriel Valley Council of Governments (SGVCOG) for $9,443.33 to provide hygiene services to
individuals and families experiencing homelessness.
DISCUSSION:
The San Gabriel Valley Council of Governments (SGVCOG) is a joint powers authority made up of the
thirty cities, the three supervisorial districts located in the San Gabriel Valley, and the San Gabriel
Valley water agencies. The SGVCOG coordinates with cities on a variety of regional issues, including
working to address homelessness in the region.
The SGVCOG is being awarded funding by the County of Los Angeles to facilitate the expansion of
hygiene services for individuals and families experiencing homelessness in the San Gabriel Valley. The
funding is designed to enhance health and mitigate COVID-19 outbreaks. The funding must be
expended within three months.
APPROVED
CITY COUNCIL
5/18/2020
Memorandum of Agreement with SGVCOG
May 18, 2020
Page 2
To distribute the funding, the SGVCOG asked each of its member agencies if there was an interest in
accessing hygiene funds for this purpose. In total, twelve cities expressed interest. The SGVCOG has
been awarded $113,320, and this funding will be allocated equally between the 12 participating cities.
As such, the City will be allocated $9,443.33.
The funding can be used for the following activities, for the purposes of increasing hygiene services for
those experiencing homelessness:
• Purchase of toilet paper, paper towels, soap, hand sanitizer that complies with the CDC's
recommended percentage of alcohol content (60%) for the purposes of expanding availability of
public restroom/shower facilities;
• Staff time associated with stocking, staffing, and/or cleaning public restroom/shower facilities in
order to expand available hours;
• Portable handwashing stations;
• Portable toilets;
• Portable showers;
• Incentives for private businesses to allow persons experiencing homelessness to use their
facilities in accordance with public health guidelines.
If the City intends to have staff time reimbursed or execute an agreement with a third-party vendor, it
will need to be submitted to the SGVCOG for approval prior to reimbursement.
The memorandum of agreement (MOA) with the SGVCOG outlines the responsibilities of both the City
and the SGVCOG and outlines the process by which the City will be reimbursed for its eligible
expenses. All invoices must be submitted for reimbursement by August 15, 2020.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action. This funding will be used to install
hand soap dispensers in all park restroom facilities and to purchase supplies such as hand soap, seat
liners, and toilet paper.
Prepared by: Reviewed and Approved:
Robert Delgadillo, P.E. Sergio Gonzalez
Director of Public Works/City Engineer City Manager
Attachment:
1) Memorandum of Agreement with SGVCOG
1491514.1
MEMORANDUM OF AGREEMENT
CITY HYGIENE PROGRAM MEMORANDUM OF AGREEMENT BETWEEN THE CITY
OF AZUSA AND THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
(SGVCOG)
This Memorandum of Agreement (“MOA” or "Agreement") is by and between the City of Azusa
(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; and
B.Pursuant to its agreement for homeless programs with SGVCOG, Los Angeles County is
proposing to allocate additional funding to the SGVCOG for specified hygiene services
targeting the homeless; and
C.The City seeks to develop a hygiene program funded at least in part from such funding (City
Hygiene Program); and
D.The City Hygiene Program will support expanded hygiene services to those who are
experiencing homelessness; and
E.The City and the SGVCOG have a shared desire to successfully develop the City Hygiene
Program to enhance health and to mitigate COVID-19 outbreaks within and originating from
the homeless population in the San Gabriel Valley; and
F.The City and the SGVCOG desire to set forth the terms of their ongoing collaboration to
develop the City Hygiene Program in this MOA.
NOW, THEREFORE, the Parties agree to the following:
I.GENERAL CONDITIONS:
A.Term.
The term of this MOA shall commence upon execution of the MOA by all Parties and shall
continue through the date upon which where all eligible expenditures have been reimbursed. The
term of this MOA may be extended by mutual agreement of all Parties by way of an amendment
to this MOA.
B.Expenditures for which the City is eligible for reimbursement are as follows:
Purchase of toilet paper, paper towels, soap, and hand sanitizer that complies with
the CDC’s recommended percentage of alcohol content for the purposes of
expanding available hours of public restroom/shower facilities;
Staff time associated with stocking, staffing, and/or cleaning public
restroom/shower facilities in order to expand available hours;
Attachment 1
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1491514.1
Portable handwashing stations;
Portable toilets;
Portable showers;
Incentives for private businesses to allow persons experiencing homelessness to
use their facilities in accordance with public health guidelines;
Additional items which are pre-approved in writing by SGVCOG.
C. Expenditures for which the Parties are not eligible for reimbursement are as follows:
Any costs associated with negotiating or entering into this MOA;
Any communications or public relations efforts related to implementation of this
MOA performed by the Parties’ employees;
Any invoices submitted by the City after the date set forth in Section II.B.1
below.
D. Reimbursement of any costs under this MOA is contingent upon the County of Los
Angeles and SGVCOG executing an amendment to an existing agreement to provide
funding. To the extent the City is relying on reimbursement under this MOA, it should
not incur any costs until the amendment is effective. SGVCOG will notify City when the
amendment is effective.
II. RESPONSIBILTIES OF EACH OF THE PARTIES:
A. SGVCOG
1. Be responsive to phone calls, emails, and requests for meeting.
2. Promptly review submitted contracts/purchase orders and staff rates for
reimbursement eligibility determination.
3. Promptly review all invoicing and billing received from the City for reimbursement.
4. Review and respond to requests from City within three (3) business days.
5. Provide payment within 30 days of an approved reimbursement request invoice.
B. City
1. Have current membership with the SGVCOG.
2. Submit invoices and back-up to the SGVCOG for eligible expenditures listed in
Section I.B. above by August 15, 2020.
3. Be responsive to phone calls, emails, and meetings.
4. Provide documentation to the SGVCOG certifying how the funding resulted in a net
increase in access to sanitation facilities in a template form in substantial compliance
with Attachment A.
5. Submit contracts or purchase orders executed with third-party vendors to the
SGVCOG for authorization prior to requesting reimbursement but no later than July
1, 2020.
6. Submit rates for staff time for approval for which the City is requesting
reimbursement prior to requesting reimbursement.
III. PROJECT MANAGEMENT:
A. For purposes of this MOA, the SGVCOG designates the following individual as its
Project Manager:
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Samantha Matthews
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 designates the following individual as its Project
Manager:
Robert Delgadillo
Director of Public Works/City Engineer
213 E. Foothill Boulevard
Azusa, CA 91702
626.812.5248
rdelgadillo@azusaca.gov
C. Additional Parties’ contacts include the following individuals:
Marisa Creter
Executive Director
San Gabriel Valley Council of Governments
mcreter@sgvcog.org
D. 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 any party to the MOA at any time and for any
reason. Termination will occur 30 days after written notice is issued by any Party
to the other Party’s Project Manager; provided that the City will be reimbursed for
any expenditures made as of the termination date that have been pre-approved by
SGVCOG upon submission of a proper invoice as provided in this MOA.
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.
V. INSURANCE AND INDEMNITY:
A. Neither the SGVCOG nor its respective officers, employees, consultants or
volunteers (the “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..
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B. The City shall indemnify, defend and hold the 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 implementation of this MOA and the City Hygiene
Program, unless caused by the active negligence or willful misconduct of
SGVCOG or the City of Azusa.
VI. OTHER TERMS AND CONDITIONS:
A. In performing this MOA, neither the City or 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, 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.
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FOR THE CITY OF AZUSA
By: ___________________________
Sergio Gonzalez
City Manager
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
Date: _________________________
FOR THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS
By: ___________________________
Marisa Creter
Executive Director
APPROVED AS TO FORM:
______________________________
David DeBerry
General Counsel
Date: _________________________
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