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HomeMy WebLinkAboutE-5 Staff Report - MOA with SGVCOGMOA with SGVCOG, Azusa, Duarte and Irwindale July 15, 2024 Page 1 CONSENT ITEM E-5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: LUCY DEMIRJIAN, SENIOR PROJECT MANAGER DATE: JULY 15, 2024 SUBJECT: APPROVAL OF A MEMORANDUM OF AGREEMENT BETWEEN THE CITIES OF AZUSA, DUARTE, AND IRWINDALE, AND THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS FOR SB 104 FUNDING BACKGROUND: On November 6, 2023, the City Council approved a Memorandum of Understanding (MOU) and authorize the City's continued participation in the North San Gabriel River Working Group (NSGRWG) to collaborate on services and enhance public safety in the North San Gabriel River Area with the Cities of Duarte and Irwindale. The MOU established a collaborative framework between the three cities to coordinate public safety efforts, deliver critical services, restore recreational open space, and pursue funding opportunities in furtherance of the health, safety, and well-being of these communities. Through the efforts of Senator Rubio, $300,000 in Senate Bill 104 funds was earmarked for the NSGRWG. These funds are included in the allocation of $1 million to the San Gabriel Valley Council of Governments (SGVCOG) for homeless services programs. The Memorandum of Agreement (MOA) sets forth terms for the distribution of funds to the three cities, with Azusa designated as fiscal agent. RECOMMENDATION: It is recommended City Council: 1) Approve and authorize the City Manager to enter into a Memorandum of Agreement (MOA) with the Cities of Duarte and Irwindale, and the SGVCOG. Approved City Council July 15, 2024 MOA with SGVCOG, Azusa, Duarte and Irwindale July 15, 2024 Page 2 2) Authorize the City Manager, in collaboration with the NSGRWG representatives, to have discretion on eligible expenses to include for reimbursement, including incurred costs and future purchases. ANALYSIS: The acceptance of the public safety grant provides $300,000 in funds allocated specifically for public safety enhancements. The funds are to be disbursed based on invoices submitted by the participating cities for eligible expenditures, as detailed in the MOA. By entering the MOA, the cities can request reimbursement for eligible expenses. FISCAL IMPACT: There is no fiscal impact to the General Fund. The grant funding does not require matching funds from the City's budget. The City of Azusa, as the fiscal agent, will provide administrative support to collect and submit reimbursement requests for the three cities. Prepared By: Reviewed and Approved: Lucy Demirjian Sergio Gonzalez Senior Project Manager City Manager Attachments: 1. MOA with SGVCOG and Cities of Azusa, Duarte, and Irwindale 1 MEMORANDUM OF AGREEMENT FUND ING MEMORANDUM OF AGREEMENT BETWEEN THE CITIES OF AZUSA, DUARTE AND IRWINDALE AND THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG) This Memorandum of Agreement (“MOA”) is by and between the Cities of Azusa, Duarte, and Irwindale (collectively, the “Cities”) on the one hand, and the San Gabriel Valley Council of Governments (SGVCOG) on the other, to be effective as of the date signed by all the Parties. The Cities and the SGVCOG may be referred to herein collectively as the “Parties” or individually as a “Party”. 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.Pursuant to Senate Bill No. 104 (2023), Section 19.564 (b)(57), $1,000,000 was allocated to the SGVCOG by the Department of Housing and Community Development for a homeless services pilot program (the “SB 104 Funds”). C.After consultation with State Senator Rubio’s office concerning the distribution of funds, it was agreed that a portion of the funds should be distributed to the Cities. D.By way of this MOA, the Cities and the SGVCOG desire to set forth the terms for distribution of the SB 104, Section 19.564 (b)(57), Funds (the “Program”). 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 SGVCOG’s obligation to reimburse the Cities for eligible expenses. II.RESPONSIBILITIES OF EACH OF THE PARTIES: A. SGVCOG 1.Within forty-five (45) days of receipt of a proper invoice for allowable expenses by the Cities, reimburse the City of Azusa up to a not to exceed amount of three hundred thousand dollars ($300,000) in SB 104 Funds. 2.Coordinate conference calls and/or meetings with Cities 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. Attachment 1 2 B. Cities 1. Be solely responsible for expending the SB 104 Funds for purposes consistent with Senate Bill 104, Section 19.564(b)(57) and as it may be amended, which is attached hereto as Exhibit “A”. 2. The City of Azusa shall act as the Cities fiscal agent with respect to the responsibility for submitting invoices on behalf of the Cities and distributing to each City is pro rata share of reimbursements received by the SGVCOG. 3. The Cities shall coordinate with each other so that within 60 days of expenditure of funds for which reimbursement is permitted under this MOA, the City of Azusa is able to submit detailed invoices to the SGVCOG, and any further documentation reasonably necessary to insure the funds were expended by the Cities consistent with Senate Bill 104. 4. Within 45 days of receipt of payment from the SGVCOG, the City of Azusa shall be responsible for reimbursing the cities of Duarte and Irwindale for their proportionate costs. 5. The Cities agree to release the SGVCOG from any further obligation to reimburse the Cities for costs incurred under this MOA upon the SGVCOG’s payment to Azusa. 6. The City of Azusa shall submit invoices no later than one year from the effective date of this MOA and the SGVCOG shall have no further obligations under this MOA to the Cities for any invoices submitted after that time. 7. Respond to SGVCOG requests related to the Program in a timely manner. 8. Maintain membership in the SGVCOG during the entire term of this MOA. 9. Coordinate conference calls and/or meetings with the SGVCOG as necessary. 10. Provide any updated point-of-contact described in Section III.B to serve as the Cities’ Project Manager with name, title, and contact information. III. AMENDMENTS: For any change which affects any term or condition included under this MOA, an amendment to the MOA shall be prepared and executed by all the Parties. IV. 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: Caitlin Sims, Manager of Local Programs San Gabriel Valley Council of Governments 1333 S. Mayflower Avenue, Ste. 360 Monrovia, CA 91016 csims@sgvcog.org 3 B. For purposes of this MOA, the City of Azusa designates the following individual as its Project Manager to which any notices required under this MOA shall be sent: Sergio Gonzalez, City Manager City of Azusa 213 E. Foothill Boulevard Azusa, CA 91702 Sergio.Gonzalez@azusaca.gov C. For purposes of this MOA, the City of Duarte designates the following individual as its Project Manager to which any notices required under this MOA shall be sent: Brian Villalobos, City Manager City of Duarte 1600 Huntington Drive Duarte, CA 91010 bvillalobos@accessduarte.com D. For purposes of this MOA, the City of Irwindale designates the following individual as its Project Manager to which any notices required under this MOA shall be sent: Julian A. Miranda, City Manager City of Irwindale 5050 N. Irwindale Avenue Irwindale, CA 91706 jmiranda@irwindaleca.gov E. Any Party may change its Project Manager or contacts upon written notice to the other Parties. V. TERMINATION: 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. VI. 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 4 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 Cities or its respective officers, employees, consultants, or volunteers (the “Cities 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 VII. OTHER TERMS AND CONDITIONS: A. In performing this MOA, except as provided in Section II.B.2 above, none of the Parties are a contractor, agent, or employee of the other. Otherwise, no Party shall represent itself as contractors, agents or employees of any other Party and shall have no powers to bind the other Party in contract or otherwise. B. This MOA, along with the applicable expenditure requirements of Senate Bill 104, 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. No 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 others of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this MOA. D. No Party shall assign this MOA, or any part thereof, without the prior written consent and prior approval of the other Parties, 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. 5 In witness whereof, the Parties enter into this MOA on the date of last execution by the Parties. FOR THE CITY OF AZUSA FOR THE CITY OF DUARTE By: ___________________________ By: ___________________________ Sergio Gonzalez Brian Villalobos City Manager City Manager Date: __________________________ Date: _________________________ APPROVED AS TO FORM: APPROVED AS TO FORM: _______________________________ ______________________________ Marco Martinez Thai V. Phan City Attorney City Attorney FOR THE CITY OF IRWINDALE By: ___________________________ Julian A. Miranda City Manager Date: __________________________ APPROVED AS TO FORM: _______________________________ Adrian R. Guerra City Attorney 6 FOR THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS By: ____________________________ Marisa Creter Executive Director Date: __________________________ APPROVED AS TO FORM: _______________________________ David DeBerry General Counsel 7 SEC. 19.564. (a) (1) The amounts appropriated pursuant to this section reflect legislative priorities related to housing. (2) For allocations in this section that include a designated state entity, the entity shall allocate the funds to the recipients identified in the paragraphs following each designation. The state entity shall determine the best method for allocation to ensure the funds are used for the purposes specified in this section. Self-attestation by the receiving entity is an acceptable method of verification of the use of funds, if determined appropriate by the state entity. (3) Notwithstanding any other law, allocations pursuant to this section are exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Contracting Manual, and are not subject to the approval of the Department of General Services, including the requirements of Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of the Title 2 of the Government Code. (4) If an item number for the appropriate department for a state entity does not exist, and such an item number is required in order to make the specified allocations, the Department of Finance may create an item number for this purpose. (5) Notwithstanding any other law, a designated state entity administering an allocation pursuant to this section may provide the allocation as an advance lump sum payment, and the allocation may be used to pay for costs incurred prior to the effective date of the act adding this paragraph. (6) The Department of Finance may authorize the transfer of allocating authority to a different state entity to facilitate the expenditure of the funds for the intended legislative purpose. Any state entity that allocates funds may also, in consultation with the Department of Finance, use an alternative local fiscal agent that is not identified in this section instead of the fiscal agent designated in this section if necessary to achieve the intended legislative purpose. Any change to the allocating state entity or fiscal agent made pursuant to this paragraph shall be reported to the Joint Legislative Budget Committee in writing at least 30 days, or no sooner than whatever lesser time after that notification the chairperson of the joint committee, or the chairperson’s designee, may determine, prior to the change. It is the intent of the Legislature to revise this section during the 2023–24 fiscal year to reflect any changes necessary to achieve the intended legislative purpose. (7) Unless otherwise specified in this section, funds allocated pursuant to this section shall be available for encumbrance through June 30, 2025, and expenditure until June 30, 2027. (8) Unless otherwise specified, the funds appropriated in this section shall not be disbursed for any project prior to September 30, 2023. Future legislation may, but is not required to, specify further details concerning the manner of disbursement of these funds. (9) Funding provided in this section shall not be used for a purpose subject to Section 8 of Article XVI of the California Constitution. If the Department of Finance determines that any allocation would be considered an appropriation for that purpose, the funding shall not be allocated, and the department shall notify the Joint Legislative Budget Committee of that finding. (10) The amounts specified in subdivisions (b), inclusive, are hereby appropriated from the General Fund as follows: (b) To be allocated by the Department of Housing and Community Development as follows: (57) $1,000,000 for the San Gabriel Valley Council of Governments for a homeless services pilot program.