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CC SR 20211221 K - SBCCOG MOU Homelessness Plan CITY COUNCIL MEETING DATE: 12/21/2021 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to enter into a Memorandum of Understanding (MOU) with the South Bay Cities Council of Governments (SBCCOG) for using Innovation Grant funds to develop the City’s Homeless Plan. RECOMMENDED COUNCIL ACTION: (1) Authorize the Mayor to execute a MOU with the SBCCOG, in a form acceptable to the City Attorney, to allow the City to use the SBCCOG’s allocated County of Los Angeles Innovation Grant funds to develop the City’s Homeless Plan; and (2) Approve an additional appropriation of $20,000 to the General Fund miscellaneous revenues. FISCAL IMPACT: $20,000 will be awarded to the City by the SBCCOG, upon the County’s authorization of the SBCCOG’s proposed statement of work. These funds will be used to develop the City’s Homeless Plan. Amount Budgeted: N/A Additional Appropriation: $20,000 Account Number(s): 101-300-0000-3999 (General Fund – Misc. Revenues) ORIGINATED BY: McKenzie Bright, Administrative Analyst REVIEWED BY: Karina Bañales, Deputy City Manager APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Memorandum of Understanding with the South Bay Cities Council of Governments (page A-1) B. City’s Innovation Grant project application (page B -1) BACKGROUND AND DISCUSSION: On July 13, 2021, the Los Angeles County Board of Supervisors approved funding recommendations for Measure H - eligible Homeless Initiative strategies (Innovation Grants), allocating $1,905,000 to the SBCCOG. In August 2021, the City applied for $20,000 to hire a consultant to develop the City’s Homeless Plan that is intended to 1 CITYOF RANCHO PALOS VERDES prevent and combat Homelessness in the City by, among other things, connecting unhoused persons with County resources. In October, the City was notified that the SBCCOG Board of Directors approved the City’s request as described in the attached project application (Attachment B). The SBCCOG is currently preparing a statement of work (SOW) with the County, providing deliverables and performance targets for each of the projects recommended for funding by the SBCCOG Board of Directors. Once the SOW is app roved, the SBCCOG will execute a MOU with the City to memorialize the City and SBCCOG’s obligation with respect to the grant funds. The SBCCOG has released the MOU to the City concurrently with its work on the SOW with the County to expedite the approval p rocess, and requests the City Council approve the MOU (Attachment A) so the City can expediently begin work on its Homeless Plan once the SOW is approved. The key point of the MOU is that the City will use the grant funds to develop a plan to prevent and combat homelessness and will follow the SBCCOG’s reporting requirements. The project is anticipated to be completed in June 2022, at which point the plan w ill be brought before the City Council. The City Attorney has approved this MOU as to form. ADDITIONAL INFORMATION: The anticipated project timeline is as follows: 1. The City Council authorizes the Mayor to sign the MOU with the SBCCOG to allow the City to access the grant funds. 2. The SBCCOG SOW is approved and the SBCCOG executes the MOU. 3. The City releases a request for proposals, reviews submissions and selects consultant to prepare the City’s Homeless Plan. 4. The consultant prepares the final plan, which will be brought before the City Council for review and adoption. CONCLUSION: Staff recommends authorizing the execution of the MOU with the SBCCOG so the City can receive the funds it has been awarded to hire a consultant to develop a Homeless Plan. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Do not execute the MOU and give alternative direction to Staff regarding the project. 2. Take other action, as deemed appropriate. 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS AND THE CITY OF RANCHO PALOS VERDES REGARDING USE OF SBCCOG’S ALLOCATED COUNTY OF LOS ANGELES INNOVATION GRANT FUNDS TO DEVELOP THE CITY’S HOMELESS PLAN PROJECT This Memorandum of Understanding (“MOU”) dated as of the ___ of ________ 2021, is between the South Bay Cities Council of Governments, a joint powers authority (“SBCCOG”), and the City of Rancho Palos Verdes, a general law city & municipal corporation (“City”) (collectively, the “Parties”). RECITALS A. On July 13, 2021, the Board of Supervisors unanimously approved the Fiscal Year (FY) 2021-22 Homeless Initiative Funding Recommendations, which included funding for COGs in Homeless Initiative Strategy E7: Strengthen the Coordinated Entry System, for (1) R egional Homelessness Coordination and (2) Innovation. The South Bay Cities COG (SBCCOG) was awarded $1,905,000 for 18 months from January 1, 2022 through June 30, 2023. B. The SBCCOG released a call for projects to utilize its allocation of Innovation Grant Funds. C. In August 2021, City submitted a proposal to SBCCOG to obtain funding to develop an actionable homeless plan to prevent and combat homelessness. D. It is anticipated that in December 2021, the SBCCOG and the County of Los Angeles will enter into a contract with respect to use of the Innovation Grant Funds for 6 months only (Contract Number AO-20-600 (Exhibit 1 Statement of Work: Innovation Funds)). E. The SBCCOG awarded the City $20,000 for 18 months of its Innovation Grant Funds to be used on the development of the City’s Homeless Plan (the “Grant Funds”). However, it is anticipated that the project will only take 6 months. F. The Parties desire to enter this MOU to set forth and memorialize the obligations of the Parties with respect to the Grant Funds. AGREEMENT NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises herein contained, the SBCCOG and the City hereto agree as follows: I. TERM: This MOU shall be effective as of __________, 2022, and shall remain in full force and effect until June 30, 2023 for 18 months (“Term”), unless sooner terminated or extended, in whole or in part, as provided in the Contract Number AO-20-600 (Exhibit 1A Statement of Work Task A-1 8: Innovation Funds) as agreed to by the County of Los Angeles and the SBCCOG. ). The funding of $20,000 will be divided into two Tranches. Tranche 1 will be for the full amount of the Grant Funds for the first 6 months of this MOU. Tranche 2 will only be necessary if the City needs more time to complete its Homeless Plan. However, Tranche 2 will only be effective once the SBCCOG and County of Los Angeles contract is extended; at which and point the Parties will agree to the last 12-month deliverables as an addendum to this MOU. II. CITY RESPONSIBILITIES: A. The City shall use the Grant Funds to contract with a consultant to develop its Homeless Plan as set forth in the Scope of Work, which is attached hereto as Exhibit 1 B. City shall use the Grant funds to submit the City’s Partnership Report (Exhibit 2) to the County in accordance with Exhibit 1. C. City shall use the Grant Funds to develop a comprehensive Homeless Plan in accordance with Exhibit 1. D. The City shall fulfill reporting requirements to SBCCOG in accordance with Exhibit 1. E. The City hereby warrants, represents, and covenants that it 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 SBCCOG to the City 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. F. The City shall maintain records related to the program operation and use of Grant Funds for five (5) years following the expiration of this MOU. SBCCOG shall have access to the records upon request. III. SBCCOG RESPONSIBILITIES: A. The SBCCOG shall monitor the development of the City’s Homeless Plan to ensure the timeliness of deliverables in accordance with Exhibit 1. B. The SBCCOG shall maintain records related to the program operation and use of Grant Funds for five (5) years following the expiration of this MOU. C. The SBCCOG shall not be responsible for any payment to the City for Tranche 2 if the SBCCOG contract with the County is not extended. A-2 IV. THIRD PARTY LIABILITY AND INDEMNIFICATION: A. The Parties agree to indemnify, defend, and hold harmless each other, including its elected and appointed officers, employees, agents, attorneys, and designated volunteers from and against any and all liability, including, but not limited to demands, claims, actions, fees, costs, and expenses (including reasonable attorney’s and expert witness fees), arising from or connected with the respective acts of each entity arising from or related to this MOU. Neither entity shall indemnify the other entity for that other entity’s own negligence or willful misconduct. B. In light of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as defined in Government Code Section 895), each of the entities parties hereto, pursuant to the authorization contained in Government Code Sections 895.4 and 895.6, shall assume the full liability imposed upon it or any of its officers, agents, or employees, by law for injury caused by any act or omission occurring in the performance of this MOU to the same extent such liability would be imposed in the absence of Section 895.2. To achieve the above stated purpose, each entity indemnifies, defends, and holds harmless each entity for any liability, cost, or expense that may be imposed upon such other entity solely by virtue of Section 895.2. The provision of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein. V. MISCELLANEOUS: A. This MOU shall be binding upon and shall be to the benefit of the respective successors, heirs, and assigns of each entity; provided, however, neither entity may assign its respective rights or obligations under this MOU without prior written consent of the other entity. B. This MOU (including for the purpose of clarity, the recitals, to this MOU), contains the entire agreement between the SBCCOG and the City with respect to the matters herein, and there are no restrictions, promises, warranties, or undertakings other than those set forth herein and 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 entity; no oral understanding or agreement not incorporated herein shall be binding on either of the entities. D. The SBCCOG and the City 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 an entity defaults in the performance of any of its obligations under this MOU or materially breaches any of the provisions of this MOU, the non-breaching entity may enforce this MOU through any available remedies. F. This MOU is not intended to be a third-party beneficiary contract and confers no rights on anyone other than the parties hereto. A-3 G. 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 entity. 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 below. Any notices, correspondence, reports, and/or statement authorized or required by this MOU, addressed in any other fashion shall be deemed not given. South Bay Cities Council of Governments: City of RANCHO PALOS VERDES: South Bay Cities Council of Governments City of Rancho Palos Verdes 2355 Crenshaw Blvd., Suite 125 30940 Hawthorne Blvd. Torrance, CA 90501 Rancho Palos Verdes, CA 90275 Attn: Jacki Bacharach Attn: McKenzie Bright H. In an action or proceeding to enforce or interpret any provision of this MOU, the entities shall bear their own attorney’s fees, costs, and expenses. 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 MOU, the laws of the State of California shall apply and the Venue shall be Los Angeles County. J. Either entity 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 entity, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the entity not performing. K. Each entity 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 any number of 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 entity they represent to the terms of this MOU, and do so commit by signing. (Signatures on Following Page) A-4 SOUTH BAY CITIES COUNCIL OF GOVERNMENTS By:_____________________________________ Date:_________________ Drew Boyles, SBCCOG Chair ATTEST: By:_____________________________________ Jacki Bacharach, Executive Director/Board Secretary APPROVED AS TO FORM: By:_____________________________________ Michael Jenkins, Legal Counsel CITY OF RANCHO PALOS VERDES By:_____________________________________ Date:_________________ David L. Bradley, Mayor ATTEST: By:_____________________________________ Teresa Takaoka, City Clerk APPROVED AS TO FORM: By:_____________________________________ William Wynder, City Attorney APPROVED AS TO FORM: By:_____________________________________ Risk Manager A-5 Exhibit 1: Task 8 of SBCCOG SOW with Los Angeles County: Deliverables and Pricing for Tranche 1. Tranche 2 Deliverables and Pricing Addendum to be added if SBCCOG contract with Los Angeles County is extended to June 30, 2023. Task 8: Rancho Palos Verdes Homeless Plan Project (Priority Area 2) Program Description: Rancho Palos Verdes is seeking to develop an actionable plan to prevent and combat homelessness. The plan sets goals and strategies, with input from city staff, sheriff and fire departments, community members, and neighboring peninsula cities. Deliverables/Performance Targets Timeline 8.a City to release an RFP for consultant services January 2022 8.b Contract in place for Consultant services January 2022 8.c COG to Submit the City’s Partnership Report to the County February 2022 8.d Develop Homeless Plan. Plan will include, but not be limited to: • Creating a comprehensive plan with City departments and community partners to address homelessness when it occurs. How will the city get people into shelter, what are the permanent and affordable housing options. • Discussions with neighboring cities to coordinate efforts throughout the peninsula • Incorporate realistic projections of homeless inflow and outflow • Prevention strategies to mitigate inflow April 2022 8.e Plan adopted by City Council June 2022 TASK 8: Rancho Palos Verdes Homelessness Plan Project OPERATIONS COSTS Homeless Plan Consulting Services $20,000 PROGRAM OPERATIONS COSTS $20,000 TOTAL PROGRAM COSTS $20,000 A-6 Exhibit 2: Partnership Report (Template to be provided to City) A-7 FP C ITY PLAN TO P REVE NT AND C OM BAT H OMELE SSNESS PARTNERSHIP REPORT-CITY OF Please use this template to complete your Partnersh ip Report, as required fo r the City Homelessness Planning Grant. Upon completion, please send the Report to your City's Homeless Initiative Team Lead. Partner Engag ement Plan for the City of __ (City) Name of Partner Brief Des cription of Partner's Planned Engagement Expected C ontributions of Partner Orqanizationl Entitv Role in the Community . . . . . . . . . . . . . . . --- Conti nued ➔ Summary List of Planned Engagements Type of engagement Planned participants Planned date(s) (If dates ha ve not been set , please speci fy month and week, i.e. Week of Januarv 15) . . . . . CITY OF RANCHO PALOS VERDES LOS ANGELES COUNTY INNOVATION FUNDS GRANT APPLICATION PROJECT TITLE: Development of City of Rancho Palos Verdes Plan to Prevent and Combat Homelessness PRIORITY AREA 2: Focusing on enhancing LA County service system for those experiencing and/or at-risk of homelessness. PROJECT BACKGROUND: City Plans to Combat Homelessness (Homelessness Plans) are valuable tools to help broaden the collective impact of policies funded through Measure H. The City of Rancho Palos Verdes has not yet created a Homelessness Plan. While the City’s service capacity is limited, the City is interested in assessing its part in assisting to connect unhoused individuals to services through the Los Angeles County Continuum of Care (CoC). The plan will be a strategic plan to address homelessness in the City of Rancho Palos Verdes by identifying goals and strategies the City can implement to reduce and help prevent homelessness. These strategies would be the baseline for developing future projects. This project will allow the City to assess homeless populations, their dynamic needs, and opportunities to support these individuals. As the plan is developed, the City will work with other agencies, including the Peninsula cities of Palos Verdes Estates, Rolling Hills, and Rolling Hills Estates, to customize solutions for homelessness on the Peninsula. With the LA County Innovation Funds, the City of Rancho Palos Verdes will be able to hire a consultant to create a Plan to Prevent and Combat Homelessness. Goal of Project The following goals of this project include: Goal 1: To create an actionable Plan to Prevent and Combat Homelessness for the City of Rancho Palos Verdes. Goal 2: Within the course of creating the Homelessness Plan, the City will assess current networks to services and will set goals and strategies to prevent homelessness and improve access to services. This will include supporting City staff, Sheriff and Fire Departments, and community members to respond effectively and compassionately to unhoused residents. B-1 Goal 3: The City will use the plan to form a concerted effort between City Departments, contracted service providers, and the broader County network in order to better serve unhoused individuals within the City, building on what is already in place, and in coordination with the South Bay Cities Council of Governments and with the Peninsula cities. Plans to Sustain Project During the creation of the Homelessness Plan, staff will work closely with the consultant to provide access to City resources and outreach methods to solicit community support and feedback. Once the plan is finalized, staff will work to make active progress on the strategies developed in the creation of the plan. These strategies will be implemented as funding from Measure H is made available. Measure of Success The plan will assess goals and strategies that are specific, measurable, attainable, realistic and timely. Specific goals and strategies will be developed over the course of the project, but broadly, the Plan to Prevent and Combat Homelessness will evaluate homelessness in Rancho Palos Verdes and make suggestions to reduce the number of people experiencing homelessness and to increase the number of individuals connected to housing services. PROJECTED BUDGET: The City of Rancho Palos Verdes requests Innovation Funds in the amount of $20,000 from the South Bay Cities Council of Governments for the creation of the City’s Plan to Prevent and Combat Homelessness. SCOPE OF PROJECT: Within the first quarter of the project, City staff will release a request for proposals (RFP), and the City Council will select a consultant to provide professional consulting services for the development and completion of the plan. Once selected, the consultant will: • Work with staff to coordinate stakeholder meetings and address key issues to be included in the plan. • Assist City staff with strategies and performance measures that may be realistically achieved and are readily measurable. • Facilitate meetings with stakeholders, the general public and elected officials. • Draft the Plan to Prevent and Combat Homelessness using the County’s template, edit as requested, and produce the final plan. B-2 The final plan will be brought before the City Council for adoption and staff will begin work on implementing the goals and strategies. B-3