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HomeMy WebLinkAbout25J - AGMT - EMERGENCY SHELTER SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 15, 2016 TITLE: AGREEMENT WITH COUNTY OF ORANGE FOR ADDITIONAL ARMORY EMERGENCY SHELTER SERVICES {STRATEGIC PLAN NO. 5,6) {SURPLUS ALLOCATION FUNDING} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 11' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with the County of Orange to provide additional funds in the amount of $99,750 to support twenty -one additional days of shelter services for the homeless at the Santa Ana National Guard Armory Emergency Shelter, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The County of Orange, United Way, and the cities of Santa Ana, Anaheim, Garden Grove, and Tustin all contributed a total of $1,789,073 to operate the armory emergency shelters in the county during Fiscal Year 2015 -16. This funding is anticipated to be fully expended by March 25, 2016 for the Santa Ana National Guard Armory Emergency Shelter location. Additional funds are needed to keep the armory emergency shelters open until the last eligible day of April 15, 2016. The amount of funding required from the City of Santa Ana to keep the Santa Ana National Guard Armory Emergency Shelter open until April 15 is $99,750, equal to $4,750 per day for twenty -one days from March 26 to April 15. The City of Anaheim will be contributing an equal amount to fund the continued operation of the Fullerton National Guard Armory Emergency Shelter. With El Nino weather conditions expected to continue into April and in order to extend the number of days that the shelter may remain open, staff recommends approval of an agreement with the County of Orange to provide the necessary funding utilizing surplus budget funds set - aside to address homelessness. 25J -1 Agreement for Additional Armory Emergency Shelter Services March 15, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement and Sustainability, Objective #6 (Focus projects and programs on improving the health and wellness of all residents). FISCAL IMPACT Funds in the amount of $99,750 for this agreement is available in the Non - Departmental Council Special Projects Fund, Contractual Services account no. (05005018- 62300) for expenditure in FY 2015 -16. Ke y IJ Executive irector Community Development Agency Exhibit: 1. County of Orange Agreement APPROVED AS TO FUNDS AND ACCOUNTS: INC Francisco Gutierrez Executive Director Finance and Management Services Agency 25J -2 ARMORY EMERGENCY SHELTER EXTENSION FUNDING AGREEMENT THIS AGREEMENT is made and entered into this day of , 2016, by and between the County of Orange, a political subdivision of the State of California (hereinafter "County "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. WHEREAS, the County of Orange Armory Emergency Shelter Program is a collaborative effort between the County of Orange, the State of California National Guard, the participating cities of Fullerton, Santa Ana and Anaheim, Mercy Housing Living Centers, Inc, and other non - profit service providers to provide emergency shelter, food and supportive services to the homeless throughout Orange County; and B. WHEREAS, the County of Orange OC Community Services contracts with Mercy House Living Centers, Inc. (its "Subcontractor ") to operate the shelters and provide services at the Santa Ana and Fullerton National Guard Armories and alternate site locations generally from December through April of each year, and C. WHEREAS, the Santa Ana National Guard Armory Emergency Shelter Program serves the shelter needs of homeless individuals in Santa Ana; and D. WHEREAS, the Santa Ana National Guard Armory site provides up to 200 beds per night, a nutritious meal at dinner and breakfast, a warm shower, donations of warm clothing and other basic needs items, referrals to Mercy House Living Centers, Inc., wrap - around supportive services, and on -site Orange County Servlce Providers; and E. WHEREAS, the total funding for the Santa Ana National Guard Armory Emergency Shelter and Fullerton National Guard Armory Emergency Shelter will be fully expended by March 25, 2016; and F. WHEREAS, the City wishes to provide funding to support approximately twenty -one (21) additional days of shelter from March 26, 2016, through April 15, 2016, at the Santa Ana Armory, or at alternate shelter sites during those days when the Santa Ana National Guard Armory is unavailable. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF WORK The City will provide to the County an amount of $99,750 to support approximately twenty -one (21) additional days of shelter at the Santa Ana National Guard Armory, or at such alternate sites as may be available during those days when the Santa Ana National Guard Armory is unavailable. In exchange for the foregoing, the County will meet the obligations set forth in Section 5. 2. FUNDING a. It is understood and agreed between the parties to this Agreement that the funding for the County's obligations set forth in Section 5 shall not exceed Ninety -Nine Thousand, Seven- Hundred and Fifty Dollars ($99,750.00) during the term of this Agreement. b. Payment shall be made by the City to the County as a lump sum within thirty (30) days of the execution of this Agreement. County shall remit to the City a report documenting 1 1 the days of shelter service and their locations provided by the $99,750 within 90 days after the end of the term as set forth in Section 3 of this Agreement. If for any reason the shelter is not open for the required number of days, the County shall return to the City the amount of the funding in proportion to the number of days the shelter was not open. C. All funding provided by the City shall be expended by the County solely for the purposes set forth in this Agreement. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2016, unless terminated earlier in accordance with the termination provisions below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR The performance of each party's obligations hereunder shall be in the capacity of an independent contractor and not as an officer, agent, or employee of the other party. In consideration for the funding paid to the County by the City, the County agrees that the City shall not be liable or responsible for any benefits, including, but not limited to, worker's compensation, disability, retirement, life, unemployment, health or any other benefits and the County agrees that it shall not sue or file a claim, petition, or application therefor against the City or any of its officers, employees, agents, representatives or sureties. S. COUNTY'S RESPONSIBILITIES The County, through its Subcontractor, shall provide at minimum an additional twenty -one (21) shelter days at the Santa Ana National Guard Armory Emergency Shelter, or at alternate shelter sites during those days when the Santa Ana National Guard Armory Emergency Shelter is unavailable. 6. INSURANCE Each party agrees that the insurance held by the other, whether commercial or self- insurance, is sufficient for the purposes of this Agreement. INDEMNIFICATION County and its Subcontractor agree to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the County or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is caused by the negligence of the County. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. In no case will County or its Subcontractor be required to indemnify or hold harmless the City from injury, damages, just compensation, restitution, judicial or equitable relief caused by negligence of the City. The City agrees to and shall indemnify and hold harmless the County, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, 2 25J -4 damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the City or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is caused by the negligence of the City. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. County may make all reasonable decisions with respect to its representation in any legal proceeding. In no case will City be required to indemnify or hold harmless the County from injury, damages, just compensation, restitution, judicial or equitable relief caused by negligence of the County. 8. RECORDS County and its Subcontractor shall keep records and invoices in connection with the work to be performed under this Agreement. . All such records and invoices shall be clearly identifiable. County and its Subcontractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours upon five (5) day written notice, County and its Subcontractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to County under this Agreement. 9. CONFLICT OF INTEREST CLAUSE County covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: and Executive Director — CDA City of Santa Ana 20 Civic Center Plaza (M -25) P.O. Box 1988 Santa Ana, California 92702 Fax 714 - 647 -6549 City Attorney City of Santa Ana 25J -5 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 To County: County Program Manager CC Community Services ATTN: Karen Roper 1300 S. Grand, Building B Santa Ana, CA 92705 With a copy to: Office of the County Counsel County of Orange 333 W. Santa Ana Blvd., Suite 407 Santa Ana, CA 92701 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited In the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and County, and supersedes any and all other agreements, oral or written, between the parties. in the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of County. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate County or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of County's Subcontractor, County may not assign, transfer, delegate, or subcontract any interest Herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City or County, with or without cause, upon thirty (30) days written notice of termination. In such event, County shall be entitled to receive and the City shall pay County compensation for all services performed by County prior to receipt of such notice of termination, subject to the condition that payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 4 25J -6 14. DISCRIMINATION County shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. County affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. No Agency Relationship. Nothing herein will be construed to create an agency relationship between the Parties. C. The rights and obligations set forth herein are intended exclusively for the benefit of the Parties and shall not be construed to convey any rights or remedies to any third party. d. The Recitals to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. e. The effective date of this Agreement (the "Effective Date ") shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto. No Party shall have any obligations under this Agreement (notwithstanding any approval of such Agreement given by the Parties' legislative body) unless and until all parties execute this Agreement in compliance with all applicable law. 5 25J -7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written, ATTEST: MARIA D. HUIZAR Clark of the Council APPROVED AS TO FORM: SONIA City Aft By: I Ryan RECOMMENDED FOR APPROVAL: KELLY REENDERS Executive Director — Community Development Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager COUNTY OF ORANGE APPROVED AS TO FORM County Counsel 25J-8