HomeMy Public PortalAboutAgreement_2020_San Gabriel Valley Council of Government_Temple City Homeless Programs MOA Final
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MEMORANDUM OF AGREEMENT
CITY HOMELESS PROGRAM MEMORANDUM OF AGREEMENT BETWEEN THE CITY
OF TEMPLE CITY AND THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
(SGVCOG)
This Memorandum of Agreement (“MOA”) is by and between the City of Temple City (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 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;
F. The City seeks to develop homeless programs;
G. The City’s homeless programs will support strategies and solutions to prevent and decrease
homelessness within the City, based on local concerns and priorities;
H. The City and the SGVCOG have a shared desire to successfully develop homeless programs to
combat homelessness in the San Gabriel Valley;
I. The City seeks to participate in the SGVCOG’s contract with Focus Strategies for the
development of a homeless plan for the City; and
J. 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:
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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. City Homeless Plan Development
4. Manage invoicing and reporting schedules and deadlines.
5. Coordinate participation in conference calls and/or meetings as necessary.
6. Hold monthly Homeless Working Group meetings with City’s Project Manager to
support information sharing.
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.
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 the landlord outreach and incentive
program and City homeless plan development.
8. 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.
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
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Bldg. A10-N, Suite 10210
Alhambra, CA 91803
626.457.1800
smatthews@sgvcog.org
B. For purposes of this MOA, the City of Temple City designates the following individual
as its Project Manager:
Tinny Chan
Management Analyst
9701 Las Tunas Dr.
Temple City, CA 91780
tchan@templecity.us
626.285.2171, ext. 4122
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 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.
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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,
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 Temple City.
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.
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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 TEMPLE CITY
By: ___________________________
Bryan Cook
City Manager
Date: __________________________
ATTEST:
_______________________________
Peggy Kuo
City Clerk
APPROVED AS TO FORM:
_______________________________
Greg Murphy
City Attorney
FOR THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS
By: ____________________________
Marisa Creter
Executive Director
Date: __________________________
APPROVED AS TO FORM:
_______________________________
David DeBerry
General Counsel
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08/25/2020
09/16/2020