2019, ("Covenant"), which is attached hereto as Exhibit "5" and is incorporated herein by reference. The City is required to provide the County with the official conformed copy and proof of recordation of the Covenant, within 30 days of the execution of this Agreement.
2. COSTSHARINGBETWEENTHEPARTIES:
2.1 County shall provide up to Six Million, Four Hundred Twelve Thousand and Three Hundred dollars ($6,412,300) (i.e. Funds) toward HEAP eligible capital improvement costs of the Site. The eligibility of the capital improvements shall be detertnined pursuant HEAJ' and all other applicable state, federal and local laws and regulations.
County may not pay for any capital improvements that are not eligible under the HEAP or other applicable state and federal laws and regulations including the State Standard Agreement 18-HEAP-00026 and its amendments. City shall be responsible for any HEAP eligible capital improvement costs of the Site in excess of the Funds.
2.2 County shall make payments to City within thirty (30) days of receiving invoices from Cityon a monthly or quarterly basis, to be mutually agreed upon between both Parties, for the HEAP eligible capital improvements of the Site.
2.3 City shall submit all final invoices to County no later than'April 30, 2021. Any invoices received after this date will not be eligible for reimbursement by County.
2.4 City agrees to allocate adequate fiinding to operate and maintain the Site for its intended purpose on an annual basis for a minimum of ten (10) years.
2.5 In the event City ceases to operate the Site or fails to fulfill its responsibilities as defined under this Agreement for a minimum of ten (10) years, City shall return all or a prorated amount of Funds to the County based upon the numbers of years in which the Site failed to operate as required under this Agreement.
2.6 If any portion of HEAJ' funds transferred from County to City are deemed ineligible for a particular use or purpose, City shall return said funds to the County within 90 days of County's written request for reimbursement.
3. CITYRESPONSIBILITIES:
3.1 Within thirty (30) days of execution of this Agreement, City shall provide a timeline for the HEAP eligible capital improvements of the Site with anticipated dates and milestones.
3.2 City shall provide monthly updates on the status of the capital improvements of the Site until June 30, 2021, or sooner upon completion of the capital improvements of the Site.
3.3 City shall, or procure a firm to, operate the Site as a year-round emergency homeless shelter on a 24/7 basis, including taking appropriate action for medical/mental health emergencies of participants. In the event the City procures a firm to operate the Site, for infortnational purposes the City shall provide the County with the name of the firm, the model used for operation and the established eligibility criteria for entry into the emergency homeless shelter and shall procure the firm pursuant to requirements as set forth in applicable state and federal statutes and regulations.
3.4 During the Term of this Agreement, City shall continuously and as necessary enter client/participant data in the Homeless Management Information System (HMIS) for tracking occupancy and adhere to all implementation guidelines developed under the County's Continuum of Care Program per the current 2-1-1-QC HMIS standards or any amended HMIS standards as amended from time to time.
3.5 City shall collaborate with County on the County's Coordinated Entry System and other Continuum of Care services.
3.6 City shall work in partnership with County to be a "Good Neighbor." In being a Good Neighbor," the City shall inform the public about the positive aspects of the shelter program, be,responsive to community concerns, and work closely with city/local govemmental agencies to minimize the impact of the shelter program on the surrounding neighborhood.
3.7 For informational purposes, the City shall submit its policies and procedures to the County for the shelter program including, but not limited to, all aspects of the shelter program services, management plan, staff responsibilities, and staff coordination.
3.8 City shall coordinate with County agencies engaged with those experiencing homelessness including, but not limited to, Health Care Agency, Social Services Agency, and OC Community Resources, and shall also engage local agencies, social services programs and volunteers to assist with the shelter program.
3.9 City shall submit reports on a monthly basis. Data and due dates for the monthly reports will be items mutually agreed upon with the County and data collected through HMIS.
3.10 TheCityshallprovidethefollowingagr6eduponservicesincludingbutnotlimited to ("Services"):
3.10.1 Provide a minimum of 150 shelter beds at the Site to serve the homeless population in the North Service Planning Area in Orange County as defined in Exhibit "l," which includes all unincorporated County areas within the boundaries of the North Service Planning Area
3.10.2 Maintain and operate the Site as a year-round emergency homeless shelter designed to provide access to safe shelter, basic needs and access to support to
move individuals and families out of homelessness and into permanent housing opportunities;
3.10.3 0perate the Site 24/7 (24 hours per day, 7 days a week),
3.10.4 Provide an engagement rich environment to provide eligible participants, as defined in Paragraphl.6, a pathway to service connections, health care, housing and stability per the industry standards. The Parties mutually agree that any available beds or services provided at the Site will be limited to individuals from the North Service Planning Area, which includes all unincorporated County areas within the boundaries of the North Service Planning Area, as depicted on Exhibit 'T'.
3.10.5 Provide case management services, rental assistance, and access and/or referrals to mental health and social services designed to reduce homelessness.
3.10.6 Provide other services as reasonably necessary to comply with the HEAP fiinding requirements.
3.11 The City agrees to perform the work, and provide Services in accordance with all laws, including but not limited to state, federal, and local regulations, housing and building codes and State Standard Agreement 18-HEAP-00026 and its amendments, as if those requirements are set forth herein.
4. MISCELLANEOUS:
4.1 The obligations and participation of County under this Agreement shall be limited solely to the discretionary issuance of the Funds to City in accordance with the terms of this Agreement.
4.2 City agrees to indemnify, defend with counsel approved in writing by County, and hold Courity, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County's Board of Supervisors acts as the governing Board ("County Indemnitees") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, misuse of Funds, arising from or related to the Services, capital improvements, and operation of the Site, or other performance provided by City, its agents, affiliates, contractors and subcontractors pursuant to this Agreement. If judgment is entered against City and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, City and County agree that liability will be apportioned as determined by the court.
Neither party shall request a jury apportionment.
4.3 County agrees to indemnify, defend with counsel approved in writing by City, and hold City, its elected and appointed officials, officers, employees, agents ("City Indemnitees") harmless from any and all intentional misconduct or negligent act of the County or County Indemnitees arising out of County's performance under this Agreement, except that this section 4.3 shall not apply to claims arising out of misuse of Funds by the City, its agents, affiliates, contractors or subcontractors.
4.4 Each Party agrees that the insurance held by the other, whether commercial or self- insurance, is sufficient for the purpose of this Agreement. The City acknowledges and agrees that in performing Services including capital improvements, and operation of the Site, it shall require all of its contractors and subcontractors to carry adequate insurance as specified in State Standard Agreement Number 18-HEAP-00026 as if those requirements are set forth herein.
4.5 Neither Party shall have the right to assign this Agreement without the express written approval of the other Party. This Agreement shall be binding upon and inure to the benefit of the Parties and their permitted successors, assigns and legal representatives.
4.6 This Agreement, its attached exhibits and documents incorporated by reference herein, contains the entire Agreement between the Parties for the matters referenced herein.
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties; and no oral understanding or agreement not incorporated herein shall be binding on either of the Parties.
4.7 Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows:
County
QC Community Resources
Housing and Community Development
and Homeless Services
1300 S. Grand Ave., Bldg. B, 3'd Floor
Santa Ana, CA 92705-4407
Attention: Program Manager
C3ffl
City of Buena Park
6650 Beach Blvd.
Buena Park, CA 90621-2905
Attention: City Manager
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 above.
Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and any such notice so given shall be deemed to have been given upon receipt during normal business hours or, in the event of receipt after business hours, on the following business day. Any notices, correspondence, reports and/or statements authorized or required by this Agreement, addressed in any other fashion shall be deemed not given.
4.8 In any action or proceeding to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense, the Parties shall bear their own attorney's fees, costs and expenses.
4.9 This Agreement may be executed in two or more counterparts, each of which shall be deemed original, but all of which together shall constitute but one and the same instrument.
4.10 Default:
County Default:
County shall be deemed in default of this Agreement if: a) in the event of any monetary breach of this Agreement by County, City shall notify County in writing of such breach, County shall have ten (10) days from such notice in which to cure said breach, and County fails to cure said breach, or b) in the event of any non- monetary breach of this Agreement, County fails to cure within fifteen (15) days after receipt by County of written notice specifying wherein such obligation of County has not been performed; provided however, that if the nature of County's obligation is such that more than fifteen (15) days after such notice are reasonably required for its performance, then County shall not be in breach of this Agreement if performance is commenced as soon as reasonably possible within such fifteen (15) day period and thereafter diligently pursued to completion (each, a "County Default").
City Default:
City shall be deemed in breach of this Agreement if: a) in the event of any monetary breach of this Agreement by City, County shall notify City in writing of such breach, City shall have ten (10) days from such notice in which to cure said breach, and City fails to cure said breach, or b) in the event of any non-monetary breach of this Agreement, City fails to cure within fifteen (15) days after receipt by City of written notice specifying wherein such obligation of City has not been performed; provided however, that if the nature of City's obligation is such that more than fifteen (15) days after such notice are reasonably required for its performance, then City shall not be in breach of this Agreement if performance is commenced as soon as reasonably possible within such fifteen (15) day period and thereafter diligently pursued to completion (each, a "City Default").
County Remedies:
County's remedies as the result of City Default shall be the right to damages, injunctive relief, and/or any other rights at law or in equity.
City Remedies:
City's remedies as the result of County Default for monetary or non-monetary breach shall be the right to damages, injunctive relief, and/or any other rights at law or in equity.
In addition to the remedies set forth herein, in the event of a City Default or a County Default, the non-defaulting Party may immediately terminate this Agreement.
4.11 Eachpartyrepresentsandwarrantsthattheexecution,deliveryandperformanceof this Agreement have been duly authorized by all necessary action of such Party's governing board, and the person(s) executing this Agreement on behalf of such Party has been duly authorized and empowered to do so on behalf of such Party.
4.12 The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement.
4.13 Either Party shall be excused from performing its obligations under this Agreement 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, 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 Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.
4.14 CompliancewithLaws.CityrepresentsandwarrantsthatServicesincludingcapital improvements to be provided under this Agreement shall fully comply, at City's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively "laws"), including, but not limited to those issued by County in its governmental capacity, all state and federal laws, niles, and regulations that pertain to HEAP, constniction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, and all other laws applicable to the services at the time services are provided to and accepted by County. City acknowledges that County is relying on City to ensure such compliance, and pursuant to the requirements of paragraph "4.2" above, City agrees that it shall indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County's Board of Supervisors acts as the governing Board ("County Indemnitees") harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.
4.15 EmployeeEligibilityVerification.TheCitywarrantsthatitfullycomplieswithall Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Agreement meet the citizenship or alien status requirement set forth in Federal statutes and regulations.
The City shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. The City shall retain all such documentation for all covered employees for the period prescribed by the law. The City shall indemnify, defend with counsel approved in writing by County, and hold harmless, the County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the City or the County or both in connection with any alleged violation of any Federal or State stahites or regulations pertaining to the eligibility for employment of any persons perfortning work under this Agreement. -
4.16 PrevailingWage(LaborCodeSec.l773). Exceptasotherwiseprovidedbystate or federal law, pursuant to the provisions of Section 1773 et seq. of the California Labor Code, the City shall comply with the general prevailing rates ofper diem wages and the general prevailing rates for holiday and overtime wages in this locality for each craff, classification, or type of worker needed to execute this Agreement. The rates are available from the Director of the Department of Industrial Relations at the following website: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm. The City shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates. The City shall comply with the provisions of Sections 1 775 and 1813 of the Labor Code.
4.17 Non-Discrimination. In the performance of this Agreement, both Parties agree that they will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcoritractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Both Parties acknowledge that a violation of this provision shall subject the Parties to penalties pursuant to Section 1741 of the California Labor Code.
4.18 Drug-Free Workplace Certification:
The City hereby certifies compliance with Govemment Code Section 8355 in matters relating to providing a drug-free workplace as set forth in Exhibit 4, attached hereto and incorporated herein by reference.
4.19 CountyofOrangeChildSupportEnforcement:
City certifies it is in full compliance with all applicable federal and state reporting requirements regarding its employees and with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments and will continue to be in compliance throughout the term of the Agreement with the County of Orange.
Failure to comply shall constihite a material breach of the Agreement and failure to cure such breach within 60 calendar days of notice from the County shall constitute grounds for termination of the Agreement.
4.20 County reserves the right to inspect any work performed pursuant to this Agreement to ensure that all work is being and has been performed in accordance with the applicable federal, state and or local requirements and State Standard Agreement Number 18-HEAP-00026.
4.21 Waiver: No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
IN WITNESS WHEREOF, the Parties hereto certify that they have read and understand all the terms and conditions contained herein and hereby cause this Agreement to be executed.
Name: James Ba
Title: City Manager
Dated: 4/16/19
Name:
Title:
MYIA M J.
%A P4,
Dated:
*For Contractors that are corporations, signature requirements are as follows: 1) One signahire by the Chairman of the Board, the President or any Vice President; and 2) One signature by the secretary, any ASSiStant secretary, the Chief Financial Officer or an Assistant Treasurer.
For Contractors that are not corporations, the person who has authority to bind the Contractor to a contract, must sign on one of the lines above.
County of Orange
A Political Subdivision of the State of Califomia By:
Dylan Wright, Director
QC Community Resources
APPROVED AS TO FORM:
By:
Deputy County Counsel
Dated:
Dated: '//if7t'l
SERVICE PLANNING AREAS
Exhibit 1
Cities of North Region
ANAHEIM
BREA
BUENA PARK
CYPRESS
FULLERTON
LA HABRA
LA PALMA
LOS ALAMITOS
ORANGE
PLACENTIA
ROSSMOOR CDP
STANTON
VILLA PARK
YORBA LINDA
Region
§§North Region
§Central Region
OSouth Region
Health Policy Research and Communication, May 2017 [7(0[R[D[],=
HOMELESS COORDINATING
AND FINANCING COUNCIL
Exhibit 2
Business, Consumer Services and Housing Agency
Edmund G. Brown Jr., Govemorl Alexis Podesta, Chair
December 20, 2018
Natalie Wieckert
Staff Specialist
Santa Ana, Anaheim/Orange County Continuum of Care
333 West Santa Ana Blvd.
3'd Floor
Santa Ana, CA 92706
RE: Award Announcement - Santa Ana, Anaheim/Orange County Continuum of CareAgreement#l8-HEAP-00026: CA-602COC-CA-602-99KLQGG51M Dear Ms. Wieckert:
The Business, Consumer Services and Housing Agency (BCSH) Homeless Coordinating and Financing Council is pleased to announce that the Santa Ana, Anaheim/Orange County Continuum of Care has been awarded a Homeless Emergency Aid Program (HEAP) grant in the amount of $15,568,715.65. This letter constitutes notice of the award of HEAP funds for use in the Santa Ana, Anaheim/Orange County Continuum of Care.
The County of Orange will receive its full disbursement of funds after the Standard Agreement is fully executed, and the enclosed Request for Funds form has been signed and returned. Please note that the Request for Funds form must be signed at a date at least one day after the County of Orange has signed the Standard Agreement. In addition, grant expenditures may not be incurred prior to the execution of the Standard Agreement and receipt of HEAP funds by the County of Orange.
Please be advised that this award is subject to the terms and conditions of the Standard Agreement, which must be fully executed within 30 calendar days of the date of this award letter. Failure by the County of Orange to sign and return the Standard Agreement upon receipt from BCSH within this timeframe may result in a delay of disbursement of funds.
Congratulations on your successful application. For further information, please contact Danie) Castillo, HEAP Grant Manager, at 916-651-2788 or daniel.castillo(Qbcsh.ca.qov Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
Council Chair
915 Capitol Mall, Suite 360-Al Sacramento, CA 958141 (916) 653-4090 www.bcsh.ca.qov/hcfc
(a,=a.,[l[7(O[=[][l,=
HOMELESS COORDINATING
AND flNANCING COUNCIL
Exhibit 2
Business, Consumer Services and Housing Agency
Edmund G. Brown Jr., Governorl Alexis Podesta, Chair
December 20, 2018
Natalie Wieckert
Staff Specialist
Santa Ana, Anaheim/Orange County Continuum of Care
333 West Santa Ana Blvd.
3'd Floor
Santa Ana, CA 92706
RE: Santa Ana, Anaheim/Orange County Continuum of Care Agreement#l8-HEAP-00026: CA-602 COC-CA-602-
99KLQGG51M
Dear Ms. Wieckert:
Congratulations on the Santa Ana, Anaheim/Orange County Continuum of Care's Homeless Emergency Aid Program (HEAP) award. Attached is a copy of the HEAP Standard Agreement with Exhibits A through D.
A. Standard Agreement (STD 213 and Exhibits A through D) STD 213 - Cover page
Exhibit A - Authority, Purpose and Scope of Work
Exhibit B - Budget Detail and Payment Provisions
Exhibit C - Terms and Conditions
Exhibit D - Special Terms and Conditions
B. For expeditious handling of the contract, please complete the following:
1. Review the entire Agreement thoroughly and,if necessary, discuss the requirements with your legal and financial advisors. Changes to the Agreement will not be accepted unless approved in writing by the Business, Consumer Services and Housing Agency (Agency).
2. Agency has provided four signed copies of the Standard Agreement, STD 213. The Grantee shall counter sign the four 915 Capitol Mall, Suite 350-A i Sacramento, CA 958141 (916) 653-4090 ww'w.bcsh.ca.gov/hcfc
Exhibit 2
3. The person(s) authorized in the Authorized Signatory Form must provide an original signature, printed name, title and date on the lower leff-hand section entitled "Contractor" on each of the four copies of the STD 213, and provide an original initial in the space provided on the cover of each copy of Exhibits A through D
4. The person authorized in the Authorized Signatory Form must provide a printed name, signature, and date on the attached Request for Funds (RFF) form. The date of the signature must be at least one day after the date of the siqned STD 213.
5. Do not send photo copies of signatures. All must be original signatures with wet ink.
6. ReturnthefoursignedcopiesoftheSTD213withallinitialed Exhibits and the signed RFF form within 30 calendar days inside the enclosed envelope.
7. Insert a signed copy of either the STD 204 or GovtTIN form that was submitted along with application documents.
8. Maintain a complete electronic version of the STD 213 and Exhibits A through D for your pending file. Note: The contract is not effective until it is signed by the Grantee's designated official and the Agency.
The Agency reserves the right to cancel a pending Standard Agreement in its entirety if it is not returned within the required 30-day period.
Furthermore, no changes may be made to the Standard Agreement or Exhibits A through 0 without prior written approval from the Agency.
Please accept our best wishes for a successful program. Please contact me at (916) 651-2788 or [email protected] or our Local Government Liaison, Lahela Mattox, at (916) 651-2770 or Lahela.Mattox($bcsh.ca.qov if you have any questions regarding the Standard Agreement or the provisions therein.
Sincerely,
Daniel Castillo
Grant Manager
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 08/03)
Exhibit 2
AGREEMENT NUMBER
18-HEAP-00026
REGISTRATION NUMBER
CA-602
1. This Agreement is entered into between the State Agency and the Contractor named belowa
STATE AGENCYS NAME
BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY
CONTRACTORaS NAME
County of Orange
;, The term of this
Agreementis: Upon BCSHApproval 'hrough 10/31/202'
3. The maximum amount
ofthisAgreementis: $l5t568t7l5a66
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibit A - Authority, Purpose and Scope of Work
Exhibit B - Budget Detail and Payment Provisions
Exhibit C - Terms and Conditions
Exhibit D - Special Terms and Conditions
3 3
9 i
TOT AL NUMBER OF PAGES ATT ACHED: 16
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR I Calihnisia@flDletp@asrtmuseenOtnof,vGeneral :
CONTRACTOR'S NAME fifother lhan an mdivrdual, stale whethera xrporalion. partnership, ekc.) Countyof.0_range _ . ill ,'I
I
j
;(puthWkA
' DATE SIGNED (Do not !ype) '
//f//'7 1,
PRpNT';Al'!NDl/'STTIEro"a'P4E("horN,sGN"3)a ;vb& b I
'ADDRES'i t) / r
333 West Santa Ana Blvd Fl. 3, Santa Ana, California, 92706 '
STATEOFCALIFORNIA I
BU!8S, CO!qMER8ERVICE8 AND HOU81NG AGENCY I
AGENCY NAME
[1 Exempt per:
T %rzeo sigrJvJJ) 1
/'
'lb' b
y
lotut!,, DATEkS21G71DD(Dlo, Ynotlype) I
ppiwieo NAME ANDTITLE OF psfflsow SIGNING I
Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
916 Capitol Mall, Suite 360-A, Sacrarnento, CA 96814 I At)DRESS
STATE OF eALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev OE)/03)
Exhibit 2
AGREEMENT NUMBER
18-HEAP-00026
REGISTRATIONN'-
CA-602
1. This-Agreeme-nt is entered-into betwee-n the Sta-te Agency and the Contractor named below:
ST ATE AGEN(:YS NAME
BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY
CONTRACTOR'S NAME
County of Orange
2 , The term of this
Agreement is:
3. The maximum amount
of this Agreement is:
Upon BCSH Approval
$15,568,715.65
through 10/31/2021
4. The parties agree to comply with the terms and cgnditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibit A - Authority, Purpose and Scope of Work
Exhibit B - Budget Detail and Payment Provisions
Exhibit C - Terms and Conditions
Exhibit D - Special Terms and Conditions
TOT AL NUMBER OF PAGES ATT ACHED:
3 3
9 1
16 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR '
I
Cagifomia Department of Genera/
Senricps= lJge* rlnlv
CONTRACTOR'S NAME (ifotherthan anindividual. state whethera corporaUon, partnership, era.) CountyofOrange i/ .
- -a a a - - - - - - - =z
I
I
:,,Y(AuAthr:irl{;!11A
DATE SIGNED (Do no( type)
tl?/t* i
PR'NbT'D':lqAN,>D:.."(hl'vzFP\!:ok."""""'aDi'xz-ra e>c' "( ' ! aootii-ss l - --" " ' -tJ " - " "' - -- a ' " " ' I
333 West Santa Ana Blvd Fl. 3, Santa Ana, California, 92706
ST ATE OF CALIFORNIA
AGENCY NAME
susyyss, cogiwsasvices AND HOUSING AGENCY
[] Exempt per:
:7==5, I
]
lotut< DATi ,81/G?NEoDl7:,i_ ot lype)
PRINTED NAME AND TITLE OF PERSON SIGNING
Alexis Podesta, Secretary
Buslness, Consumer Services and Housing Agency
ADDRESS
916 Capitol Mall, Suite 360-A, Sacramento, CA 96814
STATE OF CALIFORNIA
STANDARD AGREEMENT
8TD 213 (Rev 06/03)
Exhibit 2
AGREEMENT NUMBER
18-HEAP-00026
REGISTRATION NUMBER
CA-602
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCYS NAME
BUSINESS. CONSUMER SERVICES AND HOUSING AGENCY
CONTRACTOR'S NAME
County of Orange
2, The term of this
Agreementis: Upon BCSHApproval khrough 10/31/2021
3. The maximum amount
of this Agreement is: $ "568'l'a5
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibit A -
Exhibit B -
Exhibit C -
Authority, Purpose and Scope of Work
Budget Detail and Payment Provisions
Terms and Conditions
3 EXhibit D - Special Terms and Conditions 1
TOT AL NUMBER OF PAGES ATTACHED: "is
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR ' Califomsia.flDlecpaesrtmuseenotnolfvGeneral CONTRACTOR'S NAME (Y other Ihan an rndivrdual, scale whelher a corporation. parhemhip. elc.) CountyofOrange i
I - --- ---=
I
if I
I
i i
I
. I
" :y(pur7;J!h
DATE SIGNED (DO not type)
t/+/s
PRINTED hq%@wo mJE OF pfflsow SIGNING
5w!Av S['S€ ;4(4F. r>;Y<-<,-, b<- '
ADDRESS I ' " " "a -J " "
333 West Santa Ana Blvd Fl. 3, Santa Ana, California, 92706 ,
ST ATE OF CALIFORNIA I
AGENCYNAME :
su;y:ss, c5;4uwc4sesvices AND HOUSING AGENCY '
j
i I
I
I
:, CI Exemptper: I
I I
B A!
WU, ]Ctui< DATEISZIG/N,ED(D/olr,,otlype) il'
PRINTED NAME AND TITLE OF PERSON SIGNING
Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
ADDRESS I
915 Capitol Mall, Suite 360-A, Sacramento, CA 96814
I
l____ _________J
STATE OF CALIFORNIA
STANDARD AGREEMENT
ST€ 213 (Rev 06/03)
Exhibit 2
AGREEMENT NUMBER
18-HEAP-00026
REGISTRATION NtJMBER "' " "'
CA-802
1. This Agreement is entered into between the State Agency and the Contractor named below:
8T ATE AGENCY8 NAME
BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY
CONTRACTOR'8 NAME
County of Orange
2 , The term of this
Agreementis: Upon BCSHApproval Ihrough 10131/2021
3-Themaxarmumamount $15,5681715.65of this Agreement is:
4 . The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibit A - Authority, Purpose and Scope of Work
Exhibit B - Budget Detail and Payment Provisions
Exhibit C - Terms and Conditions
Exhibit D - Special Terms and Conditions
TOT AL NUMBER OF PAGE8 ATT ACHED:
3 3
9 1
16 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR ' Califomia Deparbnent of Genera/
SeMces Usta Onlv
CONTRACTOR'S NAME (if otherthan an indMdual, slate whMher a wrpora[ion, partnership. etc.) I County of Orange I
I
I
I
BY (Aulhor)zet
==;d,
ignaiur
DAlTa,(Do not type) l'
pnixre;ffi!t i
Ds rDTrTL'%FpPEr'o;rlNsuG'\Na, D:v-b<z'rw, b' I
ADDRESS"' I ' () '
333 West Santa Ana Blvd Fl. 3, Santa Ana, California, 92706
STATE OF CALIFORNIA
AGENCY NAME
BUS%SS, COp4ERS,SJ';RVICE8 AND HOUSING AGENCY I ,
I
1€ Exemptper I
, I
St Thosrgnabi 1
u Ir ,. h
y
rotu<
DATE SIGNED (Do nok type)
i'lzolt4
orpcns6sSIGNlNG a-'-'
Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
ADDRESS
916 Capitol Mall, Suite 360-A, Sacramento, CA 96814 l
I
I I
Exhibit 2
County of Orange
' 8-HEAP-00026
Standard Agreement
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
Homeless Emerqency Aid Proqram (HEAP)
1,
Pursuant to Chapter 5 (commencing with Section 50210) of Part 1 of Division 31 of the Health and Safety Code, and all other relevant provisions established under SB 850 (Chapter 48, Statutes of 2018), the State has established the Homeless Emergency Aid Program ("HEAP" or "the Program" or "the grant"). The Program is administered by the California Homeless Coordinating and Financing Council ("Council") in the Business, Consumer Services and Housing Agency ("Agency").
HEAP provides one-time flexible block grant funds to Administrative Entities as defined in the September 5, 2018 HEAP Notice of Funding Availability (NOFA) and Large Cities to address their immediate homelessness challenges. This Standard Agreement along with all its exhibits ("Agreement") is entered into by the Agency and an Administrative Entity or Large City ("Contractor") under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Contractor agrees to comply with the terms and conditions of the Agreement, the Notice of Funding Availability ("NOFA") under which the Contractor applied, the representations contained in the Contractor's application, and the requirements of the authority cited above.
2,
The general purpose of the Program is to provide one-time block grant funding to address the immediate emergency needs of homeless individuals and individuals at imminent risk of homelessness in the service area of each Contractor. In accordance with the authority cited above, an application was made by the Contractor for HEAP funds to be allocated for eligible uses under the grant, which include, but are not limited to, the following: services, rental assistance or subsidies, capital improvements and homeless youth activities.
3. Definitions
Terms herein shall have the same meaning as the definitions set forth in the HEAP NOFA.
4. Scope of Work
The Scope of Work ("Work") for this Agreement shall include one-time uses that are consistent with Chapter 5 (commencing with Section 50210) of Part 1 of Division 31 of the Health and Safety Code, and all other relevant provisions established under SB 850 (Chapter 48, Statutes of 2018), for eligible uses, which include, but are not limited to, one or more of the following'
Homeless Emergency Aid Program
NOFA Date' 09/05/2018
Contractor's Initials k
Exhibit 2
County of Orange
18-HEAP-00028
Standard Agreement
EXHIBIT A
A. Services,
B. Rental Assistance or Subsidies,
C. Capital Improvements
D. Homeless Youth Set-Aside,
E. Administrative Costs, and
F. Other
6. Aqency Contract Coordinator
The Agency's Contract Coordinator for this Agreement is the Council's HEAP Grant Manager or the Grant Manager's designee. Unless otherwise instructed, any notice, report, or other communication requiring Contractor signature for this Agreement shall be mailed by first class mail to the Agency Contract Coordinator at the following address:
Business, Consumer Services and Housing Agency
Attn: Homeless Emergency Aid Program Grant Manager 915 Capitol Mall, Suite 350-A
Sacramento, CA 95814
6. Contractor's Contract Coordinator
The Contractor's Contract Coordinator ("Authorized Representative") for this Agreement is listed below. Unless otherwise informed, any notice, report or other communication required by this Agreement will be mailed by first class mail to the Contractor's Contract Coordinator at the following address:
7 ---'
Contractor's i
iAuthorized i
i Representative i
IName:
Natalie Wieckert, Staff Specialist
f'-Ad-d-re-s\: --:
333 West Santa Ana Blvd (3rd flr)
Santa Ana, CA 92706
rPhone: I
i I
(714) 834-3754
Emar-l:----: [email protected]
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit 2
County of Orange
18-HEAP-00026
Standard Agreement
EXHIBIT A
7. Effective Date, Term of Agreement, and Deadlines A. This Agreement is effective upon approval by the Agency (indicated by the signature provided by Agency in the lower left section of page one, Standard Agreement, STD. 213), when signed by all parties.
B. All HEAP grant funds must be at least 50 percent contractually obligated by January 1, 2020. One hundred percent of Program funds must be expended by June 30, 2021. Any funds not expended by that date shall be returned to the Agency and will revert to the General Fund (See Health and Safety Code Section 50215).
8. Special Conditions
Agency reserves the right to add any special conditions to this Agreement it deems necessary to ensure the goals of the Program are achieved.
Homeless Emergency Aid Program
NOFA Date: 09/05/2C)18
EXhibit 2
County of Orange
18-HEAP-00026
Standard Agreement
EXHIBIT B
BUDGET DET AIL AND PAYMENT PROVISIONS
Homeless Emergency Aid Program (HEAP)
1. Budget Detail
The Contractor agrees that HEAP funds shall be expended on one-time uses that address immediate homelessness challenges.
Consistent with the application submitted by the Contractor on December 4, 2 €)18, the Business, Consumer Services and Housing Agency ("Agency") shall award funds in the form of a grant for the following eligible activities:
A. Capital Improvements:
City of Placentia
City of Buena Park
City of Laguna Beach
$5,650.000.00
$3,912,300.00
$ 544,000.00
B. Services:
County of Orange $3,733,699.00
C. Rental Assistance or Subsidies:
County of Orange $ 441,519.00
D. Homeless Youth Set-Aside:
County of Orange $ 778,435.78
E. Administrative Costs:
County of Orange $ 508,761.87
F. Other:
o.oo
Total HEAP Award Amount:
County of Orange $15,568,715.65
2, General Conditions Prior to Disbursement
General Requirements - All Contractors must submit the following forms prior to HEAP funds being released:
A. Request for Funds Form (RFF),
B. Four original copies of the signed STD. 213 form and initialed Exhibits A through D, and
Homeless Emergency Aid Program
NOFA Date: 09/05/2018 Contractor's Initials M
Exhibit 2
Standard Agreement
EXHIBIT B
County of Orange
18-HEAP-00026
C. Any other documents, certifications, or evidence requested by Agency as part of the HEAP application.
3. Expenditure of Funds
Specific requirements and deadlines for contractually obligating and expending awarded funds are defined in the HEAP statutes. Health and Safety Code Sections 50214 and 50215 mandate the following:
A. No more than five (5) percent of HEAP funds may be used for administrative costs related to the execution of eligible activities.
B. No less than five (5) percent of HEAP funds shall be used to establish or expand services meeting the needs of homeless youth or youth at risk of homelessness.
C. No less than 50 percent of HEAP funds shall be contractually obligated by January 1, 2020.
D. One hundred percent of HEAP funds shall be expended by June 30, 2021.
E. Any funds not expended by June 30, 2021 shall be retumed to Agency and will revert to the General Fund.
Homeless Coordinating and Financing Council ("Council") staff will provide ongoing technical assistance and training to support Contractors in successfully complying with these requirements and deadlines.
HEAP fi.inds may not be obligated and expended prior to the effective date of this Agreement or prior to Contractor's receipt of HEAP funds, whichever date is later, even if it is for an eligible use under the statute. Program funds shall be expended in compliance with the requirements set forth in Chapter 5 of Part 4 of Division 31 of the Health and Safety Code and all other relevant provisions established under SB 850, the NOFA, and this Agreement.
4. DisbursementofFunds
HEAP fi.inds will be disbursed to the Contractor upon receipt, review and approval of the completed RFF by Agency, which will then forward the RFF to the State Controller's Office ("SCO") for a check to be issued. The RFF must include the proposed activities and amount of funds proposed for expenditure under each eligible use. HEAP funds will be disbursed in a single allocation once the RFF has been received by the SCO.
5. BudgetChanges
After the effective date of this Agreement, tt"ie Contractor agrees that no changes shall be made to the Contractor's HEAP budget, fi.inded homeless service providers ("subrecipients"), oreligible activities listed in the RFF without first obtaining approval from Agency. Any changes to this Agreement must be requested by the Contractor in Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit 2
Standard Agreement
EXHIBIT B
County of Orange
18-HEAP-00026
writing through submission of a Change Request Form. Changes must be approved in writing by Agency.
6. Ineliqible Costs
HEAP funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code Section 50214.
Agency reserves the right to request additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with funds made ahilable by this Agreement. tf the Contractor or its funded subrecipients use HEAP funds to pay forineligib)e activities, the Contractor shall be required to reimburse these funds to Agency.
A. An expenditure which is not authorized by this Agreement, or which cannot be adequately documented, shall be disallowed and must be reimbursed to Agency by the Contractor.
B. Expenditures for activiUes not described in Exhibit A or Paragraph 4 above shall be deemed authorized ifthe activities are consistent with Health and Safety Code Section 50214 and such activities are included in the approved RFF or are approved in writing by Agency prior to the expenditure of funds for those acUvities.
C. Agency, at its sole and reasonable discretion, shall make the final determinaUon regarding the allowability of expenditures of HEAP funds.
D. Program funds shall not be used for overhead or planning activities, including Homeless Management Infortnation Systems or Homelessness Plans.
7. Administrative Costs
The Contractor must comply with Health and Safety Code Section 50214, which limits administrative costs related to the execution of eligible activities to no more than five percent of HEAP funds. For purposes of this Program, "administrative costs" does not include staff costs directly related to car$ng out the eligib!e activities described in Paragraph 1 ofthis Exhibit.
Homeless Emergency Aid Program
NOFA Date: 09/05/20al8
Exhibit 2
County of Orange
18-HEAP-00026
Standard Agreement
EXHIBIT C
TERMS AND CONDITIONS
Homeless Emergency Aid Proqram (HEAP)
1 EffectiveDate,CommencementofWorkandCompletionDates
A. This Agreement is effective upon approval by Agency, which is indicated by the signature provided by Agency in the lower left-hand corner of page one, Standard Agreement, STD. 213, when signed by all parties. Contractor agrees that the work shall not commence, nor any costs to be paid with HEAP funds be incurred or obligated by any party, prior to execution of this Agreement by Agency and the Contractor, or prior to Contractor's receipt of HEAP funds, whichever date is later.
Contractor agrees that the work shall be completed by the expenditure date specified in Exhibit A, Paragraph 6.
B, Contractor must contractually obligate no less than 50 percent of HEAP funds by January 1, 2020. One hundred percent of HEAP funds shall be expended by June 30, 2021. Any funds not expended by June 30, 2021 shall be returned to Agency and revert to the General Fund. "Obligate" means that the Contractor has placed orders, awarded contracts, received services, or entered similar transactions that require payment from the grant amount. In the case of an award made to a general purpose local government that subcontracts with private nonprofit organizations via letters of awards and Service Provider Agreements, the Subcontractors are required to obligate the funds by the same statutory deadlines. "Expended" means all HEAP funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding.
C. Contractor and its Subcontractors agree that the work shall be completed by the expiration date specified in Exhibit A, Paragraph 6 and that the Scope of Work will be provided for the full term of this Agreement.
2. Sufficiency of Funds and Termination
A. Agency may terminate this Agreement at any time for cause by giving a minimum of 14 days' notice of termination, in writing, to the Contractor. Cause shall consist of: violations of any terms or conditions of this Agreement, or any breach of contract as described in Paragraph 7; violation of any Federal or State Laws or Regulations;orwithdrawalofAgency'sexpenditureauthority. Uponterminationof this Agreement, unless otherwise approved in writing by Agency, any unexpended funds received by the Contractor shall be returned to Agency within thirty days of the Notice of Termination.
B. This Agreement is valid and enforceable only if sufficient funds are made available to Agency by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations orany other Homeless Emergency Aid Program
NOFA Date: 09/05/2018 Contractor's InitialsA
Exhibit 2
County of Orange
18-HEAP-00026
Standard Agreement
EXHIBIT C
laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement In any manner.
3. Transfers
Contractor may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, orperformance ofthis Agreement or any partthereof, except with the prior written approval of Agency and a formal amendment to this Agreement to affect such subcontract or novation.
4. Contractor's Application for Funds
Contractor has submitted to Agency an application for HEAP funds to provide urgently needed emergency assistance to homeless people in communities with a declared shelter crisis or applicable waiver as authorized by Health and Safety Code Section 50212(b). Agency is entering into this Agreement on the basis of, and in substantial reliance upon, Contractor's facts, information, assertions and representations contained in that Application, and in any subsequent modifications or additions thereto approved by Agency. The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement.
Contractor warrants that all information, facts, assertions and representations contained in the Application and approved modifications and additions thereto are true, correct, and complete to the best of Contractor's knowledge. In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect Agency approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Agency may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof.
5. Reportinq/Audits
A. The Contractor shall submit an annual report to Agency on forms provided by Agen.cy,byJanuaryl,2020andJanuaryi,20:21. lftheContractorfailstoprovide such documentation, Agency may disencumber any portion of the amount authorized by this Agreement with a 14-day written notification. The Contractor shall also submit a final report by September 30, 2021.
B. The annual report shall contain a detailed report containing the following:
1. Amounts awarded to subrecipients with activity(ies) identified.
2. Contract expenditures.
3. Unduplicated number of homeless persons or persons at imminent risk of homelessness served.
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit 2
Standard Agreement
EXHIBIT C
County of Orange
18-HEAP-00026
4. Number of instances of service (defined in September 5, 2018 HEAP NOFA).
5. Increases in capacity for new and existing programs.
6. The number of unsheltered homeless persons becoming sheltered.
7. The number of homeless persons entering permanent housing.
Breakdowns will be expected for each activity (i.e. services, capital improvements rental assistance, etc.) and program type (i.e. emergency shelter, rapid re-housing, outreach, etc.) for the supplemental reporting requirements listed above, when applicable. The same information will also be requested specifically for the following subpopulations, based on priorities defined by the u.s. Department of Housing and Urban Development (HUD):
1. Chronically homeless
2. Homeless veterans
3. Unaccompanied homeless youth
4. Homeless persons in families with children
Counts by subpopulatron will not be required in cases where that information is unavailable, but it is expected in cases where client information is entered in a Homeless Management Information System (HMIS). Additional breakdowns for other subgroups (e.g. race, ethnicity, disability status, etc.) are optional, if the Contractor chooses to include them.
The Contractor will also be asked to comment on the following:
1. Progress made toward local homelessness goals.
2. The alignment between HEAP funding priorities and "Housing First" principles adopted by the Homeless Cqordinating and Financing Council.
3. Any other effects from HEAP funding that the CoC or large city would like to share (optional).
C. Agency reserves the right to perform or cause to be performed a financial audit. At Agency request, the Contractor shall provide, at its own expense, a financial audit prepared by a certified public accountant. HEAP administrative funds may be used to fund this expense.
1 , If a financial audit is required by Agency, the audit shall be performed by an independent certified public accountant.
2 . The Contractor shall notify Agency of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Agency to the independent auditor's working papers. 3 . The Contractor is responsible for the completion of audits and all costs of preparing audits.
4 . If there are audit findings, the Contractor must submit a detailed response acceptable to Agency for each audit finding within 90 days from the date of the Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit 2
County of Orange
18-HEAP-00026
Standard Agreement
EXHIBIT C
audit finding report.
6. Retention and Inspection of Records
A, The Contractor agrees that Agency or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement. The Contractor agrees to provide Agency or its designee, with any relevant information requested. The Contractor agrees to permit Agency or its designee access to its premises, upon reasonable notice, during normal business hours forthe purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other materials that may be relevant to a matter under investigation for the purpose of determining compliance with the Chapter 5 of Part 'l of Division 31 of the Health and Safety Code and all other applicable requirements established under SB 850, HEAP program guidance document published on the website, and this Agreement.
B. The Contractor further agrees to retain all records described in Paragraph A for a minimum period of five (5) years after the termination of this Agreement.
1. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and reso!ution of all issues which arise from it.
7. Breach and Remedies
A, The following shall each constitute a breach of this Agreement:
4. Contractor's failure to comply with the terms or conditions of this Agreement.
2. Use of, or permitting the use of, HEAP funds provided under this Agreement for any ineligible activities.
3. Any failure to comply with the deadlines set forth in this Agreement.
B. In addition to any other remedies that may be available to Agency in law or equity for breach of this Agreement, Agency may:
1. Bar the Contractor from applying for future HEAP funds;
2. Revoke any other existing HEAP award(s) to the Contractor;
3. Require the return of any unexpended HEAP funds disbursed under this Agreement;
4. Require repayment of HEAP funds disbursed and expended under this Agreement;
5. Require the immediate return to Agency of all funds derived from the use of HEAP funds including, but not limited to recaptured funds and returned funds; Homeless Emergency Aid Program
NOFA Date: 09/05/2C)18
Exhibit 2
County of Orange
18-HEAP-00026
Standard Agreement
EXHIBIT C
6. Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with HEAP requirements; and
7. Seek such other remedies as may be available under this Agreement or any law.
8. All remedies available to Agency are cumulative and not exclusive.
9. AgencymaygivewrittennoticetotheContractortocurethebreachorviolation within a period of not less than 15 days.
8. !!!!
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Agency to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Contractor of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Agency to enforce these provisions. 9 Nondiscrimination
During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor or subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, section 7285 et seq.).
The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regu!ations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
10. Conflict of Interest
All participants are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit 2
Standard Agreement
EXHIBIT C
County of Orange
18-HEAP-00026
limited to, Government Code section 1090 and Public Contract Code, sections 10410 and 10411, for State conflict of interest requirements.
A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored orfunded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.
B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she leff State employment, no former State officer oremployee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.
C Employees of the Contractor: Employees of the Contractor shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act, Government Code section 87100 et seq.
11 Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Contractor, and its subcontractors, hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Government Code 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:
A. Publish a statement notifying employees and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355(a)(1).
B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355(a)(2) to inform employees, contractors, or subcontractors about all of the following:
1. The dangers of drug abuse in the workplace;
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit 2
County of Orange
18-HEAP-00026
Standard Agreement
EXHIBIT C
2. Contractor's policy of maintairiing a drug-free workplace;
3. Any available counseling, rehabilitation, and employee assistance programs; and,
4. Penalties that may be imposed upon employees, contractors and subcontractors for drug abuse violations.
C Provide,asrequiredbyGovernmentCodesection8355(a)(3),thateveryemployee and/or subcontractor who works under this Agreement:
1. Will receive a copy of Contractor's drug-free policy statement, and
2. Will agree to abide by terms of Contractor's condition of employment or subcontract.
12.Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Contractor acknowledges in accordance with Public Contract Code 7110, that:
A. The Contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B. The Contractor, to the best 6f its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
1 3 Special Conditions - Contractors/Subcontractor
The Contractor agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of Agency prior to disbursement of funds. The Contractor shall ensure that all Subcontractors are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of HEAP funds. Failure to comply with these conditions may result in termination of this Agreement.
A. The Agreement between the Contractor and any Subcontractor shall require the Contractor and its Subcontractors, if any, to:
1. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.
2. Maintain at least the minimum State-required worker's compensation for those employees who will perform the work or any part of it.
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit 2
County of Orange
18-HEAP-00026
Standard Agreement
EXHIBIT C
3. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Contractor or any Subcontractor in performing the Work or any part of it.
4. Agree to include all the terms of this Agreement in each subcontract.
14. Compliance with State and Federal Laws, Rules, Guidelines and Requlations The Contractor agrees to comply with all State and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the HEAP program, the Contractor, its Subcontractors and all eligible activities.
Contractor shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Contractor shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, envir6nmental protection, procurement, and safety laws, rules, regulations, and ordinances. Contractor shall provide copies of permits and approvals to Agency upon request.
15. Inspections
A. Contractor shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable Federal, State and/or local requirements, and this Agreement.
B. Agency reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable Federal, State and/or local requirements, and this Agreement.
C. Contractor agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient or Subcontractor until it is corrected.
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Agency, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit 2
County of Orange
18-HEAP-00026
Standard Agreement
EXHIBIT C
B. The Contractor shall notify Agency immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Agency, and shalt take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Agency.
Homeless Emergency Aid Program
NOFA Date' 09/05/20'l8
Exhibit 2
County of Orange
18-HEAP-00026
Standard Agreement
Exhibit D
SPECIAL TERMS AND CONDITIONS
Homeless Emerqency Aid Proqram (HEAP)
1 All proceeds from any interest-bearing account established by the Contractor for the deposit of HEAP funds, along with any interest-bearing accounts opened by Subrecipients to the Contractor for the deposit of HEAP funds, must be used for HEAP-eligible activities. Consistent with Health and Safety Code Section 50214 (b), no more than five (5) percent of these proceeds may be used for general administrative purposes. At least five (5) percent of these proceeds must be allocated to establishing or expanding services for homeless youth, as defined in HEAP Program documents
2. Any housing-related activities funded with HEAP funds, including but not limited to, emergency shelter, rapid-rehousing, rental assistance, transitional housing and permanent supportive housing must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institution Code Section 8255(b).
3. The Contractor agrees to provide the Business, Consumer Services and Housing Agency access to Homeless Management Information System ("HMIS") data collected and entered into the Contractor's HMIS, upon request, and to participate in any statewide data initiative as directed by BCSH including but not limited to, a statewide data integration environment.
4 Pursuant to the information provided in the Contractor's application, the following jurisdictions have declared and have in effect a shelter crisis in accordance with Government Code Section 8698.2 at the time of this award, and are eligible to receive HEAP funds through the Contractor:
The following jurisdictions have not declared a shelter crisis at the time of this award and are not eligible to directly receive HEAP funds through the Contractor:
icity of Laguna Woods i City of Sa__n Clemente
l__City o7 Hu_n_t_i6gto'? '- -
IcC:tfyy ooff IL"a'nHeabra - -
7City-of Lak-e Forest i City of San-Juan Capistrano
i-C__ity of Los Alamitos ' City of Seal Beach
I 5Tt; of M__iss__io_n V_iej_o_ City of StanTon
iCity of La Palma - -iCity of Newport'Be-ac-h l Cite of Villa Park - --- i City of Laguna Hills i City of Orange -j-City of Rancho Santa Margarita $o_f_Y_orba LindaCity of Westminster
City of Aliso Viejo
City of Costa Mesa
Cijy of Cypress
City of Dana Point
of Fountain Vall
of Fullerton
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Contractor's Initials JIIV
Exhibit 2
Ha!11!LESS COORDL'tATINO A!%'D FINA.ltaNG COL'NaL l)u.l' #. Ill) 915 Capiml Nbll. Suite 350-A
HOMELESS EMERGENCY AID PROGRAM
RE UESTFORFUNDSFORM
eontracl Number 18-HEAP-00026
{nvnlce Number 18-HEAP-00028
Grantee Namei County of Orange
Addressi 333 West Santa Ana Blvd Fir. 3
Cityi Santa Ana
State & zipi CA 92706
10/31/2021
Natalie Wieckert
Staff Specialist
e_.yv__._com
(714) 834-3754
Expiration Datei
Contact Personi
(:'ontaci Person Tltlei
K-malli
Phone No.:
HOMELESS EMERGENCY AID EXPENDITURES BREAKDOWN
-=-=-r" ">,;7r,'$!$$'=:.'-=
I Services I $3,733,699.00 I $3,733,699.00 I
l""' RentalAsiiisianeeorSubsidies I $441,S19.0[) I $441,519.00 I I Cupital€mprovements I $10,106,300.00 II 510,106,300.00 I I HomelegsYouthSet-Aside I !1778,435.78 It $778,435.78 I I AdministrattveCosts I $508,761.87 II $508,761.87 I
lOther:__ __I $0.00 II $0.00 I
10ther:_________ I $0.00 II $0.00 I
----- l -=-,----- l =:'2-==-li-==,=t'y,====4,_,,:,;:=i:, (JRTIFICAT ION
C'==aF=="'-::'="""=":="""="""="'=-"='-"aa-';:"="""="-=':-"-'a"="=a=':-""'-="="="a=="- > lax \/'4rt'3kt /kl/'l I
sN,agm..e2'fZ> ===, DDa,fte,'
Services
I $3,733,699.00 I $3,733,699.00 i
Rental Asiiisianee or Subsidies
I $441,S19.0[) I1. $441,519.00 I
Capital €mprovements
I $10,106,300.00 I:l 510,106,300.00 I
Homelegs Youth Set-Aside
!1778,435.78 II II $778,435.78 II
Administrattve Costs
I $508,761.87 III' $508,761.87 I
Other: __ I $0.00 I
I
III $0.00 I
- -"- I I'l I
I Other: ______ II $0.00 IIII $0.00 i
IIII I
TOTALi
I $15,568,715.65 iv
ff
Z
u
ff
u
@%q
oA:. >,
at.*b,!
e
{)hk!::'-MW
!b,
b
fil P
!
<
0,*
9 l Pa :
k<
2Jtt#h
ffi
6n!
:,
(,Qffl
p,jjJm 'Mit
04!!a'ia +"A7!
Q!ff
M
q i "'I>'ii'AYl
4Xa::A':;'A+'&,em J
lay slgmng rhrx pm, I cerhfy ro rhe besl qmy Anoislqdge and bel41hal rlre Arm tr Iru* camplery and acrimy and rhg ucrrvlNas rind budge[ are pr Ihe purposes and obJecr[ves sti pelt m [ha vrms and condiNons ofiht /'/2.4/' Srandard Agrccmem / am aiinre real any false, ficruious, or fraudulanr Infarmarinn, or rhe timisijoii J my tmuzr/iil Jrcr. may sr%ecl mg lo crimlnal. civil or admLrRsrrarlve penalaes pr fraud. fahe siattmz+iu fiilse claims or mharsshe.
I I%lax Nrt"lt-t /kl/"l
A
i
v
l,,',,
u!,"1 l //6?//'7
Date:Gram Miiiingement Representative Sigiiahire
State ofCalifomia
Financial Information System for California (Fl$Cal)
GOVERNMENT AGENCY TAXPAYER ID FORM
2CIOO Evergreen Street, Suite 215
Sacramento, CA 95815
www.fiszl.ca.gov
1-855-347-2250
Exhibit 2
Ffi$€:a/
Firumtnl 14rrnatiw Systrm far Cal@imia
Principal
Govemment
Agency Name
)couxn OF ORANGE
Remit-To 20 BOX 587Address (Street
or Pa Box)
City 2ANTAANA
Government Type: [3 City
0Speicial District
00ther (Specify)
[6County
[]Federal
State J Zip Code+4 [
Federal p56000928 IEmployer
Identification
Number
(FEIN)
List other subsidiary Departments, Divisions or Units under your principal agency's jurisdiction who share the sameFEIN and receives payment from the State of Califomia.
Dept/Division/Unit
Name
DepUDivlsion/Unit
Name
Dept/Divtsion/Unit
Name
Dept/Division/Unit
Name
ommuni esources
ommuni esources
Complete
Address
Complete
Address
Complste
Address
Complete
Address
Ana, CA 92705-4407
Contact Person phris Nelson
Phone number j714-834-2479
Signature
I Title 2dmin Manager I I
E-mail address [email protected] I
I Date ff
(€,%[!.,[l[7@[=[D[1,=
HOMELESS COORDINATING
AND flNANCING COUNCIL
Exhibit 3
Business, Consumer Services and Housing Agency
Gavin Newsom, Governorl Alexis Podesta, Chair
January29, 2019
Susan Price
Director of Care Coordination, County of Orange
Santa Ana, Anaheim/Orange County Continuum of Care
333 West Santa Ana Blvd.
Santa Ana, CA 92701
RE: Contract #'l8-HEAP-00026: Standard Agreement Amendment-Exhibit E Dear Ms. Price:
The Business, Consumer Services and Housing Agency (BCSH) Homeless Coordinating and Financing Council received a request from the City of Buena Park for an exemption from the no-reimbursement provisions of the Santa Ana, Anaheim/Orange County Continuum of Care (CoC) HEAP contract. Based on a review of documentation provided by the County of Orange and the City of Buena Park, BCSH is granting this request and authorizing a one-time exemption for the City of Buena Park for their acquisition of property that will be used as a regional shetter.
Please review the enclosed STD 213 Standard Agreement Amendment and Standard Agreement Exhibit E. The person(s) authorized in the Authorized Signatory Form must provide an original signature, printed name, title and date on the lower left-hand section entitled "Contractor" on each of the two copies of the STD 213, and provide an original initial in the space provided on Exhibit E. The amended contract is not effective until it is signed by the Grantee's designated official and BCSH.
Please contact Lahela Mattox, our Local Government Liaison, at (916) 651-2770 or Lahela.Mattox(2,bcsh.ca.qov if you have any questions regarding the Standard Agreement or the provisions therein.
Sinoerely,
Business, Consumer Services and Housing Agency
Council Chair
915 Capitol Mail, Suite 350-A I Sacramento, CA 958140 (916) 653-4090 www.bcsh.ca.qov/hcfc
STATE OF CALIFORNk
8T ANDARD AGREEMENT AMENDMENT
STD 213A(Rev%3)
Exhibit 3
1 , This is entered into between the State
STATE AGE:NCY8 NAME
Business, Consumer Services and Housing Agency
CONTRACTORa8 NAME
County of Orange
2 . The term of this
Agreement is Upon BCSH Approval
3. The maximum amount of this
Agreementafterthisamendmentis: $15,568,715,65
pBgB I AGREEMENTNLIMBER AMEN6MENT NUMBnR
18-HEAP-00026
REGl8TRAnON NUMBER
CA-602
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
Exhibit E - Amended Ternis
All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CALIFORNIA
Deparhnent of Geneml Services
I lee Ilyliii
COHTRACiTOR'S NAME (lWherlhan an Individual, stale whelher a corporation, partnershlp. etc) County of Orange
uiG 1-11117
BY (Aurhorized Sk)nalure)
z
DATE SIGNED (Do nor type)
PRINTED NAME AND TITLE OF PERSON SIGNING
ADDRESS
333 West Santa Ana Blvd Fl. 3
SantaAna, CA92706
STATE OF CALIFORNIA
AGENCY NAME
sqs'4ss,cqyQxba,vicssnousmaaapxcy
0 Exempt per:
--r 7nal'a)'[_b';otlJ;l'
DATE SIGNED (DO nOttVf)O)
PRINTED NAME AND TffLE OF PERSON SIGNING
Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
ADDRESS
915 Caoitol Mall. Suite 350-A. Sacrainento, CA 95814
STATE OFCALIFORWI
STANDARD AGREEMENT AMENDMENT
STD 213A(Rave/a3)
Exhibit 3
[x cuhchamiranniarioxai.pacnsamhrrhcmn s Pages
1. ThisA greemer;t is entered into between tt';e State Agencyand Contractor named below:
ST ATE AGENCY S NAME
Business, Consumer Services and Housing Agency
CONTRMTOR'S NAME
Cou7JofOrarB
2. The term of thiS
Agreement is Jon BCSH Appmval
3. The maximum amount of this
Agreementafterthisamendmentis: $15,553,715,55
10/31/2021
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
Exhibit E - Amended Terms
All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, this Agreement has been executed by ffie parties hereto.
CONTRACTOR
CALIFORNIA
f)apartment of Geneml 8wvlces
CONTRACTOR'S NAME (If olher than an indMdual. state whMher a corpora[mn, padnership, @{C ) County of Orange
lliill VIIIJ
BY (Aulhodzed SJgnature)
z
DATE SIGNED (Do not type)
PRINTED NAME AND nTLE OF PERSON SIGNING
ADDRESS
333 West Santa Ana Blvd Fl. 3
Santa.Ana. CA 92706
STATE OF CALIFORNIA
AGENCY NAME
BUW.SS, cxsavicbs ANDHOUSINI':3AGENCY
[1] Exempt per:
B,Y (durV54jes7, !)
s ovl,-
DATE SIGNED (rk> nattm)
PRINTEDNAMEANDTITLEOFPER'+(N'SICNlhlG -'-
Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
ADDRESS
915 Car+itol Mall. Suite 350-A, Sacramento. CA 95814 Standard Agreement
EXHIBIT E
Amended Terms
Exhibit 3
County of Orange
18-HEAP-00026
Homeless Emergency Aid Program (HEAP)
1. BCSH is authorizing a one-time exemption from the no-reimbursement provisions of the HEAP contract with the County of Orange CoC to allow the City of Buena Park to be reimbursed in the amount of $3,602,770,00 for their acquisition of property that will be used as a regional shelter. In no way does this amendment relieve the Contractor of its requirements under the remainder of the agreement, which include complying with the no-reimbursement provisions of the HEAP contract for all remaining HEAP funds, using a minimum of five peroent of HEAP funds for the purposes of addressing youth homelessness, and using a maximum offive percent of HEAP funds forthe administration ofthis grant.
2. NotwithstandingExhibitBofthisagreement,andbasedontherevisionsrequested by the Contractor and authorized in Section 1 of this Exhibit, the following figures representthe new allocation of HEAP resouroes approved underthecurrent HEAP agreement. The Contractor agrees to expend funds consistent with the allocation provided below:
A. Capital Improvements: City of Placentia
Capital Improvements: City of Buena Park
Capital Improvements: City of Laguna Beach
B. Services: County of Orange
Services: City of Laguna Beach
C. Rental Assistance or Subsidies: County of Orange
D. Homeless Youth Set-Aside: County of Orange
E. Administrative Costs: County of Orange
F. Other:
Total HEAP Award Amount:
$ 5,650,000.00
$ 6,412,300.00
$ 544,000.00
$ 1005,127.00
$ 347,619.00
$ 441,519.00
$ 778,435.78
$ 389,714.87
$ 00.00
$15,568,715.65
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Contractor's Initials
Exhibit 4
Certification for
a Drug-Free Workplace
u.s. Department of Housing
and Urban Development
City of Buena Park
AppncantName
Homek'ss Emergencv Aid Program - Agreement #18-23-0056-HEAP Program/Activity Receiving Fedeial Grant Funding
Acting on behalf of the above named Applicant as its Authorized Official, I make the following certifications and agreements to the Department of Housing and Urban Development (HUD) regarding the sites listed below:
I certify that the above named Applicant will or will continue to provide a drug-free workplace by:
a. Publishing a statement notifying employees that the un- lawfiil manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Applicant's work- place and specit'ying the actions that will be taken against employees for violation of such prohibition.
b. Establishing an on-going drug-free awareness program to inform employees ---
(I) The dangers of drug abuse in the workplace;
(2) The Applicant's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Making it a requirement that each employee to be engaged in the perforinance of the grant be given a copy of the statement required by paragraph a.;
d. Notifying the employee in the statement required by para- graph a. that, as a condition of employment under the grant, the employee will ---
(I) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her convic- tion for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph d.(2) from an em- ployee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, includ- ing position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant;
f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph d.(2), with respect to any employee who is so convicted ---
(I) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfacto- rily in a drug abuse assistance or rehabilitation program ap- proved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
g. Making a good faith effort to continue to maintain a dnig- free workplace through implementation of paragraphs a. thru f.
2. Sites for Work Performance. The Applicant shaH list (on separate pages) the site(s) for the performance of work done in connection with the HUD funding of the prograin/activity shown above: Place of Performance shall include the street address, city, county, State, and zip code. {dentify each sheet with the Applicant name and address and the program/activity receiving grant funding.) Check here Oir there are workplaceson file that are not identified on the attached sheets I hereby certify that all the inforination stated herein, as well as any information provided in the accompaniment herewitli, is true and accurate.
Warning: H(Ul8DUxvsill. 8rolsOeOcul teiofai IOselcOlali2ms3alndU sstaCtem37e2n9t:i3C80o2n)viction may result in criminal and/or civil penalties Name of Authorized Official
Signature
x
ntle
Date
fomi HUD-50070 (3/98)
ref Handbooks 7417 I, 7475.13, 7485.1 &.3
Exhibit 5
Declaration of Restrictive Covenant
RECORDED AT REQUEST OF,
AND RETURN TO:
Housing and Community Development
and Homeless Services
1300 S. Grand Ave., Bldg. B, 3'd Floor
Santa Aria, CA 92705-4407
Attention: Program Manager
(Space above this line for Recorder's use only.)
DECLARATION OF
RESTRICTIVE COVENANT
(Homeless Shelter)
(City of Buena Park)
This Declaration of Restrictive Covenants ("Covenant") is made as of this day of , 2019, by the City of Buena Park, a California municipal corporation ("Owner") and the County of Orange, a political subdivision of the state of California, ("County"), with reference to the following facts:
RECIT ALS
A. Owner is the owner of the certain real property located at 6490 Caballero Boulevard in the City of Buena Park ("Property"), within the geographic area of the Orange County, California. The legal description of the Property is attached hereto as and is incorporated by reference herein.
B. OnoraboutOctober4,2018,OwnerrespondedtoasolicitationfromtheOrange County Continuum of Care ("County CoC") and submitted an application to receive an award of funds from the California State Homeless Emergency Aid Program ("HEAP").
C. Total amount of funds apportioned and approved by the County CoC to be used by the Owner for HEAP eligible activities is Six Million Four Hundred Twelve Thousand Three Hundred dollars ($6,412,300) ("Funds").
D. The Owner is permitted to use the Funds to perform necessary and eligible capital improvements on the Property.
E. On or about January 7, 2019, County by and through Orange County Community Resources executed the State Standard Agreement 18-HAP-00026 ("State Agreement") accepting the award of HEAP fiinds provided under the HEAP program.
F. OnoraboutJanuary29,2019,Owner'srequestforFundswasapprovedbythe state of California, Business, Consumer Services and Housing Agency.
H. The Owner has agreed that in return for the receipt of the Funds: it will perform the HEAP eligible capital improvements, and; it will maintain and operate the Property for 10 years as an emergency homeless shelter with a minimum of 150 beds to serve the homeless population of the North Service Planning Area in Orange County, which includes all unincorporated County areas within the boundaries of the North Service Planning Area. The North Service Planning Area and all unincorporated areas within the boundaries of the North Service Planning Area, is described in Exhibit l attached to the Funding Agreement and is incorporated herein by reference.
I. As part of the approval for the Owner to receive Funds to perform the HEAP eligible capital improvements on the Properly, the Owner agrees among other things to the following: the Owner agrees to maintain and operate the Property as a regional year-round emergency homeless shelter for the period of ten (10) years from the execution of the Funding Agreement and operate the Property as an emergency homeless shelter 24/7 during this period; while operating the Property as an emergency homeless shelter, Owner agrees to provide the eligible participants with basic needs, appropriate refenals to establish housing stability and viable living environment as required under the HEAP program; to provide referrals and connections to mental health needs and medical needs; to provide connection to appropriate County resources and department agencies; to provide County monthly updates regarding the status of HEAP eligible capital improvements, and; to collaborate with County CoC and County CoC Coordinated or Centralized Assessment System.
J. Owner now desires to record this Covenant over the Property, which will subject the Property to certain restrictions on use consistent with the Funding Agreement, and as more particularly set forth below.
NOW, THEREFORE, the County and Owner hereby declare that the following express covenants are to be taken and construed as ninning with the Property and, except as set forth below, shall pass to and be binding upon Owner and its successors, assigns, heirs, grantees or lessees to the Property or any part thereof from the date of recordation of this Covenant and shall continue for ten (10) years from the execution of the Funding Agreement. Each and every contract, deed, lease or other instrument covering or conveying the Property or any portion thereof shall be held conclusively to have been executed, delivered and accepted subject to covenants and restrictions regardless of whether such covenants and restrictions are set forth in such contract, deed, lease or other instniments.
1. Purpose and Effect of Covenant.
(a) The purpose of this Covenant is to restrict the use of the Property as set forth in Paragraph 2 below.
(b) Upon recordation of this Covenant, use of the Property shall be restricted as set forth in Paragraph 2 below.
2. Restrictions Affecting the Property.
The Owner hereby agrees to the below restrictions for ten (10) years from the execution of the Funding Agreement.
(a) The Property shall be used solely and exclusively as an emergency homeless shelter;
(b) The Property shall operate as an emergency homeless shelter year-round to serve the North Service Planning Area, which includes all unincorporated County areas within the boundaries of the North Service Planning Area and operate 24/7 to serve eligible participants (eligible participants as defined in the Funding Agreement).
3. Restrictions Run with the Property. Owner intends that the provisions set forth in Paragraph 2 above are covenants which shall run with the land and be binding upon Owner, its heirs, successors and assigns, including lessees or other users of the Property (collectively, "Users"). Should it be determined that the restrictions contained in Paragraph 2 are not covenants which nin with the land, Owner intends that these provisions are equitable servitudes which nin with the land and are binding upon all Users. Owner also intends that the provisions set forth in Paragraph 2 may be enforced by Owner against Users even if Owner does not own property which is benefited by these provisions. Should any portion of Paragraph 2 be held to be unenforceable, all of the other portions shall remain binding and enforceable. Should any portion of Paragraph 2 be held to not nin with the land, all of the other portions shall continue to iun with the land.
4. Irrevocability of Covenant. This Covenant may not be revoked, or materially modified or amended, by Owner during the term hereof without the prior written consent of County.
5. Maintenance; Compliance with Law. Owner agrees to maintain all interior and exterior improvements, including landscaping, of the Property in good condition, repair and sanitary condition (and, as to landscaping, in a healthy condition) and in accordance with any management and operations plan in full compliance with the HEAP program and requirements (including without limitation any landscaping and signage), as the same may be amended from time to time, and all other applicable laws, rules, ordinances, orders, and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials. Owner acknowledges the great emphasis the County places on quality and to provide quality services to eligible participants to ensure compliance with the HEAP program and requirements. In addition, Owner shall keep the Property free from all graffiti and any accumulation of debris or waste material. Owner shall promptly make all repairs and replacements necessary to keep the Property in good condition and repair and shall promptly eliminate all graffiti and replace dead and diseased plants and landscaping with comparable approved materials.
6. Owner's Rights. Except for the express restrictions on use of the Property as set forth herein, Owner shall have all other rights of ownership appurtenant to the Property and the right to exercise same.
7. Term of the Covenant. This Covenant shall automatically terminate on the date which is Ten (10) years from the date of the execution of the Funding Agreement, if not earlier terminated by mutual consent of Owner and County ("Term of the Covenant").
8. Defaults: among others, each of the following shall constitute an "Event of Default" by Owner under this Covenant:
(a) Failure to operate and maintain the Property as a year-round emergency homeless shelter pursuant to requirements of the Covenant, Funding Agreement, HEAP program and other applicable state and federal laws and regulations; (b) Owner's unauthorized sale or transfer of the Property in violation of this Covenant, or Funding Agreement;
(c) Failure to operate and maintain the Property as a year-round emergency homeless shelter for the Term of the Covenant.
(d) Any fraudulent act or omission by the Owner pertaining to or made in connection with the use of the Funds, Funding Agreement or operation and maintenance of the Property as a year-round emergency homeless shelter.
9. Remedies: The occurrence of any Event of Default, or any other violation of Owner under this Covenant or the Funding Agreement shall give the County the right to proceed with any and all remedies available to the County including but not limited to those set forth in the Funding Agreement. No right, power, or remedy given to the County by the terms of this Covenant or Funding Agreement is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the County by the tertns of any such instniment, or by any statute or otherwise against Owner and any other person. Neither the failure nor any delay on the part of the County to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the County of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.
10. Notice: Notices or other communications which may be required or provided under the terms of this Covenant shall be given as follows:
Countv
QC Community Resources
Housing and Community Development
and Homeless Services
1300 S. Grand Ave., Bldg. B, 3'd Floor
Santa Ana, CA 92705A407
Attention: Program Manager
City of Buena Park
6650 Beach Blvd.
Buena Park. CA 90621-2905
Attention: City Manager
IN WITNESS WHEREOF, the Owner and County have executed this Covenant the day and year first above written.
"Owner"
City of Buena Park
a Califomia miu'iicipality Corporation
By:
BY:
Name:
Its:
BY:
Name:
Its:
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the ttuthfulness, accuracy, or validity of that document.
State of California
County of
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
APPROVED AS TO FORM
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By:
Deputy
Dated:
COUNTY OF ORANGE
A political subdivision of the State of California By
Dylan Wright, Director,
QC Community Resources
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the tnithfulness, accuracy, or validity of that document.
State of Califomia
County of
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
trac
Exhibit A
Legal Description of the Property
POR. W 7 /2, SEC. J4. T. J S, R 7 f W
276-06
BOUL EVARD
=' " 459.14
0 i3.35lAC(C)
R. S. 4 / - i /
S. g 6 - 3 5
6.OHAC.
P.M. 48-15
E C,
r RjLLERTON CREEK CHANNEL J
4.SJAC.
!9 :Th
/44AC.(Cl i
202AC. !!
MARCH 1974 PARCEL MAP P.M. 48-15 NOTE - ASSESSDR'S BLOCK & PA RC E L NuMBE R S
S HOWN J N C I RC L E S
ASSESSDR'S MAP
Ba[JK 276 PAGE 06
COUNTY [:)F C/RANGE
,."ffi D
ia7030 aapt305
T!118 aaasr pup, aada this J day or czsaa4 xs5,
froi soM PACtF[C coOm, & corporation, Grantor, to ct"rr oy JmA PAaX, & aualclpal €!OFpOr&tlOn O! the 8tite of Callfornii 0raator hereby g'#aata to Orante* the follovlag deserlbed real property: ),L
Aplea*orparcaloflandaAiuatp,lykngladb@lag
ia 8mtioa 34, Tovnshlp 3 8outb, Range 11 Isst, Ban asrnardltto 8aae-and Heridiaa in tbe Rancho Lag (ayotea p&rtly vitbla the City of !hieaa Park, all in the County of Orange, 8tit* of Califoraiu, &ffl said Section lx above on t!uit aertiin nip reaordad in Book 51, Page a 4 - It I I I
oa:. m. 8
Descxi ya on: Orange, CA Documerr: - Book. Page / 1/3/196:
Order: cs Commant: @ % N
12/31/1981] 7030.305 Page; 1 of 7
ffl7030 ixE306
aouthvest quarter; theiti@O 80tith O'24'47" iut Along 90 feet ride, shorn Aa the "Full*rton C'ree-k Eh&nne--l on laat said urap, and described In the deed to the Orange Couaty Flood aintrol Dlatrict+ recorded Aprll 2 ':la'6f:a; @o'j aaa&"l'd'R"a"CO'rad:arai 'totie"lloCa"a"OoP'at!ffl' Resectoerridsy.,ioaog last gild @oytherly boundary Rim oa h curve concave to last a*ntion*d plat bears South 3:1!+4'3P' Vesit) m arc distaae* o! 221.77 fast to & point in said Ale that la parallel Iltb &Dd distant ve,aterly 195 feet, aieaaured last bald parallel line, 820.04 feet to the polat oZ kginaing, containlag An &re& Of 3.91 icraa, wra or lass
k pleas or parcel of land situate, lylng and bslng ia the borthoaat quarter o! Bectloa 34, Tomihlp 3 8outh amg* 11 uelt, Ran suatiardlno aaaa And mrldiaD iti tbe Jluiaho we Coyotes, city of Buena ?arki County o! Orange atite of California m bald aectioa la sbava oa that o*r.tain nap recorded In Book 51, page 8 at Nlsc*llirmous bpa, la tM @l!ice of the %eorder of aaid County, d*a- ay&kd aa folloai
gittning at the iaqthaaat conier o! bald northeast iuat*r o! 8ection 34, as mid coriier is shwn oa that a4*rRta. Hiarai.por,*seoufrvdee,d.Nol:eatbbeerotl9f,@19o56t,aalnldBoRoskcot3d5e,rPage tbma* Nor*b O'30'05" lest, along toe easterly line o I&td !!aF thalat qu&r € 07 & 64!) tapes Of 335 - 58 fee t j thence at right ui(leg froa aiid easterly line; thencs South 0"30'0!$" J!ut, along said parallel line 133.33 feet beam 8outh 29'58'00"' lest, 46.39 feet to & point ln b*ix kuth se"2e'ss" neat; thence soutbv*sterly along the are ox anid curve, through & central angle ox 90' 10'41", a dlatince of 27L29 zost, to a polat la the wrth*rl7 lim of that certain strip of land, 65 feet Ild* deacrlbed in the dead to the Orange County Flood )ontrol Diitrlat. reaoried June IL 1957. in aiok 3945 age (123, of (Xtialal Raa6rds in the offiae of bald l a*eo@r,a.*ri ethou@a,aa* wau::esHaly.c@itOHTt;engtl;os ilx,,oatal;i:n X,, the amihirly lAn'* o! said northeast quarts+r of 8eetlon Graator hereby declares that tba lead b*lax mav*y*d la not amaaauoy toy we An the p*rtormaa* ot its auttaa to the publle &@ m, R. S
Descxi yb orr Orange, CA Document
Order: cs Commant:
Book.Page [1/3/1961 12/31/1981] 7030. 305 Page: 2 of 7 -: i s
Aaildam kamuy
mN €llO AT HQJ(C Of
,,mawbsyas
1% 077!CIAL RtCONDa C)@
@RAAI@l COu%T'l, aALl@f,
Is@IAJI MAY 4 1984
alfr;MU!(O,(mffi
-3-
Descxi pra orr Orange, CA Document - Book. Page { 1/3/1961 - 12/31/1981] 7030. 305 Page; 3 of 7 Order: cs Comment: - - - -- - ffi ffl
Portion of
Farcg/
1. .>l <!'li
5ec+ion 34. . i i
ownship 3 5ou+n S : '7T
Ij
I i4
-,71
l i ,1 :. 'o
i ' i la
,/ t n . .'
PAClrlCSOUTHERN
a> g ' rg
Desczi ya on: Orange, CA Document - Book. Page / 1/3/1961 - 12/31/1981] 7030. 305 Page: 4 of 7 Order: cs Comment: N - N
I is I @
I
;
at
Por+ion NE :4 5<+ion 34, - a ' :
i,' a aTovsns;ip 3 s=a+h ., ; - ;a
"t -'
R H > \,,i!es + s z*as4zuy;v . a aan9e, -% jjd..),'_= a ., r'jr"-',.i,-gt-"
-! . ,- "'='- .:-="!';;'-"r :, a
- _ G ,Q,;l,:,4i, . ,-,
- a"=-,f",I"":, " a a pa'tcel -2 " ' d2 <'g
ea-
.k
I ; : , _
I
%l
OIATh .' a'l a , ' }1 F 1. L 51 1 E
' S €WNJ8alN MOF/ € Ca.
anti 641-,-.'I
4:H € 310 q b',- K&LI / 141 '
buys. n i ;J' a _ - - - ' *ev;ub,e'_a42-(4_ '_,"
'51@1,4_4.L-AsJ. 3:;r. 'Ss<J.r aTY OF auoENa PARK ._ _lpii(;i:),' Gf} lad - '- a aa " o o a a a a a a a ' a ff a- - N I T
,'%;=,s-_"T=,'.-"',o,=;aLai',,a=_;,,:,,I==ix:-,8.,.,_.=.';,=.)=-;=,, 12/31/19817 7030.305 Paqe: 5 of 7
IMAY :5i54 il"- m D
4 i!)e4TJm"-m E
n , }
6 x*vAu
uffl)Ltmal a5,
u!XXAff!0ffi OF TRI Clff COW'lL Or ffl CIff Of !RTEM ?AIK W?TINC 'mmuuuY 5.147 guj m m LEss, u mu Ctff Or atrtsa rffl, mu autcuuuts His(;uHo mqln
falling, theta has bean off*xad go the €:ity of !lwna Pack eartain ptop*rty, ta the City of luaaa yuh, dauribm as !ollo'va!
aa4-mridlaai (a Ch* aaaeba Log (,eyot*a, partly vlthin aha Clt7 @f !lubaa Park, &ll ta the Couaty o! Oraag, Rials o! Caltlorala* as aau keilon is shmi ott that cin*ta mp recorded la k 51, ?4@ 81 of Nlae*lliaaoua Kapai ta the Office o! the R*catdiir a! Oyaagi Couatyi r* srtteulatly d*leTibld u fdllavffl
k@lmlag at aha point ox ltiuriactioa of a ltaa @at*llal vtth decant watitly 19$ feat, xzutd at r(ghe angles, !rm the 4aal#ll7 line @! Cm Volt half n laid 8aattea 341 (la aald *iicarly liz is abmi m aha fflQ recorded hpt*sb*r 11, t96J. (a aook 66, lim that 10 puallal Vith atui dlataac aottb*rly 40.5 fall, yaaur*d at tight au$lali ffoa the northerly lia* of the Iduemts € qtfflrt*f. u aa% MR €buly ltes kn aba an laiic aald xp; thence north a9o37'23" t atea@ lug gild parallel llm, (b*lag alga tM c*at*t llnii *! a H*tmt vii* umadlcatad att**l* ahova as Cd+allaro 3aulayard tla tan aatA ) lDJ& !see to a point to * lk* parallel vlth sind dl*caat xaaarly 060 !ail@ aur*4 at eJht ia@lag, froa the taatarll Etas that earfala sutvay. above oa the aap thataa!i t*eor4*d Jmuary kl, 1%2, h aa*k IS, ?q* 48, bcordi o! aurv*y*, ta aha Off(e* of aa(d jmodar (lot aa(d parailat l(as b*lag also the souaharly ptolan@acim d tk !*ttt#r 11nA d that e*ft&(a 66-fact Vtd* um*dteAt*4 straits a sbwa as b@la Avaeiua on aaUl ffi? toastted la b*k 66, P41* )5, battle at lutyys)i th*aea xb 45%7illrr laaCi 46JO f*ai to a 9eltit (baln the Bxigia d iat*n*etki *! tba *aatmly pr*ltapttaa o! the amth*rly lm d aai4 a*bill*ra !loul*vat4 vith cM sa+ieh*rly praloHatlob of aha e4fl7 lta* #! IAM hliO AY@aul)i tbanm &eutb ao 2?'45" gall (bala@ arm@ cba aauthrly protogatloa of last sale siaat*rly ltw) 2,21 fast ta a pottit tti tba aoytbuly kumtry ltaa d tbat c*rtila utip d l 45 fxt vU*, d*acribad h the dead t* cS €haa@* Couacy flood Cm €rol beotda. ta ek affiea *l iaJj bcardarH chance ieiithv*at*yly alo'a@ laat aaid wrthatly bouadary liba oa a aurva eooeaia to tha aaithaast havia@ a tdm d 117 lose eul a aaacral la d lOoOl'4$' (a rdlal l tei aaU tuna at Last s*mtomd poltit kata a*utb 34%4'l9" lau gs &T@ dLalama if )9.45 fast ui a point (n said aarthsrly leas of the 144 € **14 oortbyly lm, ).11 f@*t 59 i p@lat itl the *istatly liW @f southmt quartu; th*aei hutk aa24'k?" laat along lffill said satiety ltss, AM. 16 !ail to i poiae k tba aoyth*rly bOundarl llai that eaftaUI Itttp d lan4, 90 f**t vlda. ahmi as the "full*r €oa aqak ah*l,' 11(l l&*t a&td Q, 4tJ daaerlbd la ebb dead to this 151, @age 325, d afflaiil beards, ta Chi Offtea d aatd beoabt tb € amtby*tavly al*ffll laie Bald asflh@117 %+oumaq lls Th @ @uffi aa@la d uoo*oxiii (i ya;atpt liw to aau curve at last xati*a*ia i*tat a aaM lloa Ikil (a @atall*l vteb ad dlst&tttlwacarly 19$ fast, xaairm 3ka> a*rih oox*r47" ua*i AleiQ Iaat said parallal liar, aj0.04 lau t@ Ik @*ia* at !aatag, eoataiala@ gi x*a of 191 aeyaa, zr* w l&ffil $l* . '
i
1 f
@ffi'N*7 b' r !!lThaffThaNffl-!Jl41i% nxii,,=s*- - ! -@" '
" "" I
I ,@'> , .
: oi (l at - I
afi @ . . I
Descxi yH orr Orange, CA Documant - Book. Page / 1/3/1961 Order: cs Comment:
12/31/1981] 7030.305 Page: 6 of 7
fl
T:"a :+)igsjl ,-oamj [11
;*:%',a'l"1 €' a" 3:'o
B A Heaa or parcel os lana situates lying lad b@ia@ in tk tbaaat quarter o! Section :J4, Tm'ai%J ) sotith, bQa ll u4fflty Hhtal k#* 4(14 NaFjdf44 M tbl J!aaeh@ k0 fAl70taa B elt7 @! k@ffl ?atk, Couat7 0! Or*q*, !!tAta d bliforala, al @ald d aacallaua ffipi, iti the Off(ca o! tM Raeotbx of said tlt7i Hl-I
kattm 340 #ffi I&tj coffl €r €1 @bt)%tt @a tMt C&ttaia taap r*aordad @tfia* o! aatd bcorbrH chatxa Notch O"3@'OS" Vast, aloq the t@flj litUI Oe t&tt at!!aaat qNart*ri a dirty!}Cl ae 333i 58 f&aJ tb41 aitant watarty alJ late, aza*ur*d at r(@he aqlas ttsa add Natafty Ilfflj thaac@ laugh ooso'os" b*ti atofll aaid patill*l flu .B f**J tbmca Bough 29a36'00" !Take, 4649 fast to a po(at in a aaTh* a)at!&fl aart!wittily and havtq @ ra41us at 173 feat, a rdlJli Itz to said airv* u tau said yo(at bears laith 89o2*'53 VxtB Cba aaitbwatarly alga@ the ate ai aaia m-n, through a @*!ltr41t anJlta a4 9aalO'Aaa" @ & aalan*a of 27L 21 fleas t@ I p@ktlt m the Wttb&tl7 Ilti@ d ChaC aa!taia ffittt$ d Ilad, 65 €4@e 40@ atlbd ia Rho hs4 f:6 the maa$* Couaty ?1*4X1 ( €r@l @fft@jAl heath la aha Offtal d gala lHm4*rl th*aaa aoutb*tly as rtdit aqlu fix last baertbad eoura*, a dlitanc* of 65 !**e Ul a Hiaa ta the ioutharl7 liw d said mrtb*ait quirtai al sal4 6$Jom vUls atrlp ol lan4 khaaca
ui4 tbarly llz 218J5 tail to aha poiu d be@tmlaB, eoatalalaB araa al LU7 atr*i, agra w l*aa5
fla, aald pro@arty is of bmdit to the City of bms fsxJ at. ffi. TEI effl aXJEu O? THI Ct'fi W Ita ?Jku a ky aa4 m !inhale d ib* Ctiy o! !hiiaA lark, and the City Clerk lx dir*at*4 as aauaa tba xt4 ataat t)aid tolathax !dtb a aayti!lad copy @l thla lasoluttoti u !ffl atbd la the of!lag o € the Couat7 bcndu *l the County d Otaa Itau d eal4!oraia.
t!i hllada4 ulld wm
A?rtl
&ffll j
msi 0
mKaTi 0
BgBl(l I*usma, ershahav, Davla, Thg4ion am Vish*k
it 'oM
J
oa:. Hi Jj-r
ia s za
DescrL pa orc Orange, CA Documexrt - Book. Page / 1/3/1961 - 12/31/1981] 7030. 305 Page: 7 o.':7 VERSION: 3.15.19
6.6.19 9.04.19
1 MEMORANDUM OF UNDERSTANDING FOR THE NORTH
ORANGE COUNTY SERVICE PLANNING AREA
This MEMORANDUM OF UNDERSTANDING (“Agreement”) is dated as of May 1, 2019 (“Effective Date”), and entered into by and among the Cities of Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Los Alamitos, Orange, Placentia, Stanton, Yorba Linda, and Villa Park, each of which is a municipal corporation organized and existing under California law (cumulatively the “City Parties,” and at times individ ually a “City Party”), and the City of Anaheim, a California charter city (“Anaheim” ), with reference to and in consideration of the following:
WHEREAS, like many other regions in California, the County of Orange (“County”) has seen a rapid and troubling growth in the homeless population over the past several years, a condition that has been difficult to address given the high cost of housing and property in the area , and the shortage of emergency, transitional, and affordable housing available in the County to serve this population;
WHEREAS, as a result, local jurisdictions throughout the County have experienced increased incidents of unlawful camping and loitering activities in and upon portions of the public rights-of-way, parks, and other public facilities (“Public Property”) in violation of local anti - camping, anti -loitering, and/or park closure ordinances and regulations (“Anti -Camping Ordinances”);
WHEREAS, the use of Public Property in this manner creates health and safety risks to homeless persons due to traffic hazards, exposure to weather, inadequate sanitation, and other conditions detrimental to their wellbeing, and negatively impacts the health, safety, and general welfare of the community by degrading the environmental and physical condition of such Public Property, increasing risks associated the spread of illnesses, and frustrating the public purpose for which such Public Property is dedicated;
WHEREAS, on a broader scale, the County is a complex jurisdiction of interconnected systems, many of which have been impacted by the homeless crisis in the region , including but not limited to health care, criminal justice, child welfare, public transportati on, economic and social, and legislative and political systems;
WHEREAS, in efforts to address th is crisis, the County established a n integrated Continuum of Care (“CoC”) to guide homeless individuals and families through a comprehensive array of services and housing designed to prevent and end homelessness;
WHEREAS, to better coordinate access points, assessments, resources, and programs serving persons experiencing homelessness, the CoC divided the County into three (3) geographic “Service Planning Areas” (or “SPAs”), with the “North Service Planning Area” (“North SPA”) including the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Los Alamitos, Orange, Placentia, Rossmoor, Stanton, Villa Park, and Yorba Linda;
VERSION: 3.15.19
6.6.19 9.04.19
2 WHEREAS, on September 4, 2018, the United States Court of Appeals for the Ninth issued its decision in Martin v. City of Boise (“Boise Decision”) , and holding that a local government’s enforcement of its Anti-Camping Ordinance against homeless persons, where the jurisdiction lacks sufficient overnight shelter facilities that are accessible to persons, violates rights protected by the Eight Amendment to the United States Constitution;
WHEREAS, on January 29, 2018, a legal actio n captioned Orange County Catholic Worker et al. v. Orange County et al., was filed in United States District Court, Central District of California as Case No. 8:18 -cv-00155 (the “Action”), against the County, Anaheim, the City of Costa Mesa, and the City of Orange (“Orange,” cumulatively “Defendants”) , alleging that, pursuant to the Boise Decision, Defendant’s enforcement of their local Anti-Camping Ordinances against homeless persons was unconstitutional given the lack of accessible overnight shelter beds available to serve the homeless population within their respective jurisdictions;
WHEREAS, plaintiffs in the Action have advised that they intend to add the remaining North SPA Cities as parties to the Action, given that each are in substantially similar positions as the Defendants , with respect to having an insufficient number of overnight shelter facilities available to serve the homeless population within their respective jurisdictions;
WHEREAS, in furtherance of the health, safety, and well -being of all their residents, to return and preserve Public Property for its intended purpose, and in efforts to resolve the Action, the City Parties, located within the North SPA, have worked together cooperatively and in good- faith towards developing a regional solution to the current homeless crisis within their respective jurisdictions;
WHEREAS, as a result of such efforts, the City Parties have been awarded certain grant funds under California’s Homeles s Emergency Aid Program (“HEAP”), and certain additional funds made available under Senate Bill 2, towards the acquisition, construction, and operation of two (2) new homeless shelter facilities to be located within the boundaries of the City Parties, and intended to exclusively serve the unsheltered homeless population currently residing within the jurisdiction of the City Parties;
WHEREAS, the City Parties desire to formalize the terms and conditions by which the above-referenced HEAP Funds and SB 2 Funds are aggregated, and combined with additional funds provided by each City Party from alternative sources, to finance the acquisition, construction, and operation of such two (2) new shelter facilities;
WHEREAS, the City Parties additionally desire to memorialize the terms and conditions by which: the two (2) new shelter facilities will be operated; the City Parties will equitably share access to the capacity provided by such new shelter facilities, as well as the capacity provided by existing shelter facilities in located within the boundaries of the City Parties; the City Parties will equitably share the costs and responsibilities associated with the acquisition, construction, operation, and maintenance of such new shelter facilities; and other related matters in furtherance of their common purpose;
VERSION: 3.15.19
6.6.19 9.04.19
3 WHEREAS, in efforts to further expand the resources available to serve homeless persons within their respective boundaries, the City Parties and Anaheim further desire to memorialize a reciprocal shelter capacity sharing agreement with Anaheim, governing the terms and conditions by which the City Parties and Anaheim will have access to a defined portion of the capacity provided in the other’s shelter facility(ies);
WHEREAS, in addition to addressing the needs of homeless persons through the provision of overnight shelter, the City Parties covenant to will work together, in furtherance of the CoC, towards developing and increasing the North SPA’s inventory of long -term affordable and supportive housing units, such that homeless persons receiving services under this Agreement may transition from temporary or emergency shelter facilities, and into long -term and stable housing solutions; and
WHEREAS, each Party has caused this Agreement to be duly approved by its respective governing body, and by so doing, has found and determined that this Agreement furthers the health, safety, and general welfare of their respective residents.
NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. PURPOSE
This Agreement establishes a multi-jurisdictional memorandum of understanding for establishing, constructing, developing, maintaining, providing, operating, and facilitating the provision of overnight shelter in designated public facilities (termed “Naviga tion Centers” below), and the provision of certain services at such facilities, to homeless and chronically homeless adults, children, and families located within the North Service Planning Area of Orange County, California. This Agreement defines the resp ective rights and responsibilities of the Parties with respect to the financing, implementing, operating, and the provision of Services, as defined below, at the Navigation Centers.
2. DEFINITIONS
In addition to the other terms and phrases defined elsewhere in this Agreement, the following key capitalized terms and phrases used throughout this Agreement shall have the meaning assigned in this Section.
2.1. “Anaheim Center” shall mean and refer to the Salvation Army’s planned Center of Hope located in the City of Anaheim, and specifically the portion thereof available for use by the City Parties under this Agreement as described in Section 4.1.
2.2. “City Program Costs” shall mean and refer to that portio n of the Program Costs that are not funded by an alternative funding source described in Exhibit D(1) and D(2) , and that VERSION: 3.15.19
6.6.19 9.04.19
4 will be paid by the City Parties pursuant to the Cost Allocation Plan, as such City Program Costs are further detailed in Exhibit “D”.
2.3. “Cost Allocation Plan” shall mean and refer to the formula utilized to determine the Party Shares of the City Program Costs, as such formula is detailed in Exhibit “E”.
2.4. “Center Operator” shall mean and refer to the third-party contracted by a Host City to provide comprehensive and “turnkey” day-to-day management and operation of a New Center.
2.5. “Guests” shall mean and refer to homeless and chronically homeless adults, children, and families located within the Program Area.
2.6. “Guest Capacity” shall mean and refer to the number of beds provided in a Navigation Center, as detailed in Exhibit “B”.
2.7. “Host City” or “Host Cities” shall mean and refer to the City of Buena Park and/or the City of Placentia.
2.8. “Navigation Centers” shall mean and refer to those public facilities, and the Guest Capacity available at each, set forth in Exhibit “B”. Navigation Centers shall include the New Centers and the Anaheim Center.
2.9. “New Centers” shall mean and refer to the new Navigation Centers to be acquired, constructed, and operated in the Host Cities under this Agreement.
2.10. “Operating Agreement” shall mean and refer to the contract between a Host City and Center Operator for the operation of a New Center.
2.11. “Operating Plan” shall mean and refer to plan approved by a Ho st City, Party Representatives, and a Center Operator, that details the terms, conditions, and standards by which Services are made available to Guests at a New Center.
2.12. “Party Representative” shall mean and refer to the highest -ranking appointed executive official for each of the Parties, or his/or her duly authorized designee.
2.13. “Party Share” shall mean and refer to that portion of the City Program Costs allocated to each City Party in accordance with the Cost Allocation Plan, as detailed in Exhibit D(3) and (D)(4).
2.14. “Program” shall mean and refer to the Parties’ cooperative financing and planning for the acquisition, construction, operation and the provision of Services at the New Centers, and the cooperative sharing among the Parties of Guest Capacity at the Navigation Centers.
2.15. “Program Area” shall mean and refer to the North Service Planning Area of Orange County, California, the geographical boundaries of which are further defined in Exhibit “A.”
VERSION: 3.15.19
6.6.19 9.04.19
5 2.16. “Program Costs” shall mean and refer to the cost s incurred by the Parties in the acquisition of New Center sites and the completion of modifications or capital improvements thereto, and annually to operate the New Centers during the Term (as defined below).
2.17. “Program Funds” shall mean and refer to all fun ds paid by or to the Parties under this Agreement, including but not limited to HEAP Funds and SB 2 Funds received by the Parties and contributed towards the Program.
2.18. “Program Property” shall mean and refer to all real and personal property purchased or acquired with Program Funds.
2.19. “Program Treasurer” shall mean and refer to the Party selected by the other Parties to serve as the treasurer, trustee, and manager of all Program Funds.
2.20. “Services” shall mean and refer to the provision of overni ght shelter and other sanitation, nutritional, health, educational, supportive, and/or basic human services at Navigation Centers, as described in an Operating Plan.
3. TERM
3.1. General Term. This Agreement shall be effective as of the date which the last of the Parties has executed the same, which shall be inserted as the Effective Date in the first paragraph above, and shall remain in full force and effect until June 30, 20 20, at which point this Agreement shall automatically renew and continue in effect for ten (10) consecutive one -year terms, the last of which shall expire on the date that is ten (10) years from the Effective Date (each an “Annual Term,” and cumulatively the “Term”). The Term may be extended upon the mutual written agreement of the Parties, or earlier terminated in accordance with the provisions of this Agreement.
3.2. Termination by City Parties.
a) Notice and Effective Date. Notwithstanding Section 3.1, any City Party, other than a Host City, may terminate its participation in this Agreement by providing one year’s written notice to all other Parties on or before the last day of any Annual Term (June 30), and following timely payment of the “Termination Fee .” This Agreement shall thereafter terminate as to the Party providing such notice at 11:59 p.m. on the last day of the immediately ensuing Annual Term.
b) Termination Fee as Liquidated Damages. The Termination Fee shall be equal to three times (3x) the most recent Party Share paid by the terminating City Party, plus an additional five percent (5%) of the resulting factor to account for increases in the consumer price index. The Termination Fee shall be paid by the terminating City Party to the Program Treasurer not later than six (6) months before the effective date of termination. Failure to timely remit the Termination Fee shall render a City Party’s notice of termination ineffective. The Parties acknowledge and agree that the Termination Fee shall constitute liquidated damages and not penalties, and are in addition to all other rights of the Parties, including the right to call a default VERSION: 3.15.19
6.6.19 9.04.19
6 of this Agreement. The Parties further acknowledge that: (i) the amount of loss, costs, or damages likely to be incurred by the Parties resulting from a City Party terminating this Agreement before the end of the Term is incapable or is difficult to precisely estimate; (ii) the Termination Fee to be paid by any City Party bears a reason able relationship to, and is not plainly or grossly disproportionate to, the probable losses or costs likely to be incurred by the other Parties by virtue of a City Party’s termination of this Agreement before the end of the Term; (iii) one of the reasons for the Parties reaching an agreement as to such amounts is the uncertainty regarding the question of actual losses, costs, or damages to be incurred by the Parties in such event; and (iv) the Parties are sophisticated business parties, have been represented by sophisticated and able legal counsel, and have negotiated this Agreement at arm's length.
c) Continuing Enforceability. Following the effective date of termination, the terminating City Party shall have no further obligations or rights with respect to this Agreement, except as expressly provided otherwise herein. Should any such terminating City Party desire to renew its participation in this Agreement in subsequent Annual Terms, such Party shall be subject to Section 3.6.
3.3. Termination by Host City
a) Notice and Effective Date. Notwithstanding Sections 3.1 and 3.2, Host Cities may terminate their participation by providing six (6) months written notice to all other Parties as follows: written notice of termination shall be provided on or before January 1 of each Annual Term, and this Agreement shall thereafter terminate as to the Host City providing such notice at 11:59 p.m. on the last day of the same Annual Term; for example, notice of termination provided before January 1, 2020, shall be effective as of June 30, 2020.
b) Continued Operation of Navigation Center. As a condition precedent to the effectiveness of a Host City’s termination of this Agreement, such that a New Center / Navigation Center will no longer be operated within its jurisdiction, the Host City shall comply with all terms, conditions, and restrictions of the HEAP Funding, SB 2 Funding, and any other grants or similar funding provided to the Program and/or Host City relative to the New Center, and any Program Property in the possession and control of the Host City that was not acquired with such grant funds, and thus is not bound by associated grant restrictions, shall be managed and disposed of as directed by the Party Representatives . In the event of such Host Party’s termination, the City Parties shall work toget her cooperatively and in good faith to satisfy the shelter needs of the Program Area following the Host City’s termination. No Party shall be compelled under this Agreement to remain or serve as a Host City.
c) Continuing Enforceability. The Host City’s notice of termination shall indicate whether the Host City is entirely terminating its participation in this Agreement, or whether it will remain a City Party. If the first, the terminating Host City shall be subject to Section 3.2(c).
If the Host City is to remain a City Party, following the effective date of termination the Host City will treated in all respects as a City Party under this Agreement, and subject to any adjustment to its Party Share and Cost Allocation Plan.
VERSION: 3.15.19
6.6.19 9.04.19
7 3.4. Termination by Anaheim. Notwithstanding Section 3.1, Anaheim may terminate its participation in this Agreement by providing ninety (90) days’ written notice to all other Parties at any time during the Term, and Anaheim shall not be subject to a Termination Fee.
3.5. New Parties
a) Qualifying Agencies. Only those cities, counties, or political subdivisions of the State whose jurisdictional boundaries include portions of , or overlap with , the Program Area qualify to be a Party to this Agreement (“Qualifying Agency”). Only unsheltered homeless persons identified within the Program Area may be served by the Program, and no Party shall directly or indirectly transport, or cause the transportation of, any such persons from outside the boundaries of the Program Area for an improper purpose or motivation, including but not limited to reducing the unsheltered count of the originating jurisdiction, alleviating the obligation of said jurisdiction to provide said person services or shelter, or utilizing Guest Capacity in the Navigation Centers.
b) Financial Contribution of New Parties. After the Effective Date, a Qualifying Agency that is not a Party may petition the Parties to be added to this Agreement, and will be made a Party hereto if: (1) the petition of the Qualifying Party is approved by the Party Representatives; (2) the Qualifying Party pays a pro-rated share of (i) the New Center Construction and Acquisition Costs actually incurred by the Parties, as estimated in Exhibit “C,” and (ii) any other capital improvement, repair, or maintenance costs actually incurred by the Parties in connection with the New Centers between the Effective Date and the date which the Qualifying Agency is added as a Party. Upon being made a Party to this Agreement, and as condition precedent thereto, the Qualifying Agency shall be allocated and pay a Party Share consistent with the Cost Allocation Plan, and all other Party Shares shall be adjusted accordingly. The Parties acknowledge and agree that payments to be made by a Qualifying Agency under this Section fairly represent the Program benefits and burdens to the Parties. The addition of a New Party shall be considered a material change requiring approval of the Host Cities, in accordance with Section 10.1.
4. NAVIGATION CENTERS
4.1 Anaheim Center; Scope of Anaheim Participation and County Contribution Thereto
a) Limited Scope. The Parties agree that Anaheim’s rights and obligations under this Agreement are limited to the reciprocal sharing of Guest Capacity between that provided by City Navigation Centers loc ated outside of Anaheim’s jurisdictional boundaries, and that provided by the Anaheim Center . Notwithstanding any contrary terms of provisions of this Agreement, Anaheim shall not be liable or responsible for the payment of Program Costs, City Program Cost s, or any Party Share hereunder, nor shall Anaheim be entitled to receive any Program Funds, Program Property, or proceeds of Party Shares under this Agreement.
b) Capacity Sharing Among City Parties and Anaheim. Following the construction and commencement of operations of the second of the New Centers, or the Anaheim Center, whichever occurs later and continuing for so long as Anaheim remains a Party to this MOU, Anaheim shall be entitled to use and access space for up to Two Hundred Twenty -Five VERSION: 3.15.19
6.6.19 9.04.19
8 (225) Guests in the City Navigation Centers, and in return, the City Parties, cumulatively, shall be entitled to use and access space for up to Two Hundred Twenty-Five (225) Guests in the Anaheim Center , as the available capacity thereof may be approved by the operat or of the Anaheim Center. The details, funding, and protocol for Capacity Sharing may be memorialized in a subsequent agreement between the Parties to the extent necessary to effectuate the purpose of this section; provided, however, that (i) in no event shall a person be admitted to the Anaheim Center or a City Navigation Center without the express consent of the receiving party (in the case of Anaheim, the consent of the City of Anaheim, and in the case of a City Navigation Center, the consent of the Host City), and (ii) Capacity Sharing is intended to be roughly proportional and reciprocal and the Parties agree to share information and work cooperatively to ensure that this goal is met. If Anaheim or any Host City requests in writing that a Capacity Shar ing agreement be reached before this section is operative, the Parties shall negotiate cooperatively and in good faith to reach such an agreement. If such agreement is not reached within a reasonable period of time this Section 4 shall be null and void as to Anaheim. The Parties agree that this reciprocal sharing of Guest Capacity between the City Parties and Anaheim fairly represents a regional solution focusing on the respective privileges and burdens flowing to the Parties hereunder, while addressing the anticipated challenges of developing a and implementing a regional solution to the homeless crisis in the County.
c) Anaheim Participation Contingent on County Funding. Anaheim’s participation and the effectiveness of Section 4.2(b) is contingent on the County providing financial assistance to facilitate the construction and operation of the Anaheim Center, with such assistance substantially consisting of the following: (1) for a period of two (2) years following the Effective Date, County will pay Anaheim the monetary sum of Five Hundred Thousand Dollars ($500,000) per year and expenses for the Anaheim Center, or provide, in whole or in part, an equivalent value of services for the Anaheim Center; and (2) County will pay to Anaheim an additional monetary sum of One Million Two Hundred Thousand Dollars ($1,200,000) for start- up costs. In the event the County fails or declines to provide such assistance to Anaheim, Anaheim may terminate its participation in this Agreement. Should the County provide such assistance, except as the City Parties may indirectly benefit from the County ’s assistance described in this section, the City Parties shall not be entitled to receive any portion of the funds or services to be provided to Anaheim under this Section.
4.2 City Navigation Centers. The Parties desire to work cooperatively and combine their respective resources for purposes of providing and coordinating the provision of Services to Guests at Navigation Centers located in the Program Area, and to acquire, construct, develop, and operate two New Centers (one to be located in each of the Host Cities).
a) Navigation Centers and Guest Capacity. For purposes of this Agreement, the Navigation Centers, and the existing or anticipated Guest Capacity of each, are set forth in Exhibit “B” to this Agreement.
b) Change in Navigation Centers. The Parties may, from time to time, close a Navigation Center, construct additional or replacement Navigation Centers, or amend the Guest Capacity of any Navigation Center , and/or a Host City may terminate its participation in this Agreement. In such case, the Parties shall amend this Agreement to provide an accurate listing of VERSION: 3.15.19
6.6.19 9.04.19
9 the Navigation Centers open and available for Guests at any given time during the Term, and shall adjust the Cost Allocation Plan and Party Shares as appropriate.
c) Funding. Funding for the City Navigation Centers subject to this Agreement shall be in accordance with Section 7.5(b)(1).
5. CONSTRUCTION AND MAINTENANCE OF NEW CENTERS
5.1. Ownership. The New Centers shall be owned by the applicable Host City, together with any Program Property in the custody or possession of a Host City; provided the New Centers and Program Property shall be utilized by Host Cities exclusively for purposes consistent with this Agreement, and/or the terms and conditions of the HEAP Funding Agreement entered into by a Host City, as applicable.
5.2. Design. Each Host City shall have final authority over the design and con struction of New Centers located in its jurisdiction, in accordance with each Host City’s ownership rights and plenary land use authority. Prior to a Host City’s commencement of construction of, or significant modifications or improvements to, a New Center , the Party Representatives will be provided a reasonable opportunity to review and provide input on the proposed design and amenities of the New Center, and the Host Cities will, in good faith, consider the input of the Party Representatives in finalizing the same.
5.3. Host City as “Lead Agency.” The Host City for each New Center shall be the “lead agency” for purposes of improvements or modifications thereto, as well for the environmental review, acquisition, development, and construction of a New Center, a nd the operation, cleaning, maintenance, or repair of a New Center.
a) Service Contracts. As approved by the Party Representatives, each Host City will be the “contracting party” to any written agreements with qualified professional(s), service providers, and/or licensed contractor(s) (“Contractor”) necessary for the development or operation of New Centers consistent with this Agreement.
b) Procurement Practices. A Party’s purchase or acquisition of Program Property, or a Host City ’s retention of any Contractor, shall be governed by the procedural formalities and requirements of the Host City. The Parties agree that, to the extent practicable and not otherwise required by applicable law, Contractors should be selected after a competitive process that considers both price and capacity or qualifications to perform.
5.4. Minimum Housing Standards. The New Centers should comply with the building standards for emergency housing established by the California Department of Housing and Community Development, as the same may be amended from time to time, or if more stringent, and at the discretion of the Host City, the applicable building standards of the Host City (“Building Standards”).
5.5. Minimum Facilities and Amenities. The New Centers should be improved and equipped with the facilities and amenities commonly associated with public facilities of simi lar VERSION: 3.15.19
6.6.19 9.04.19
10 type and purpose as approved by the Party Representatives, in sufficient quantities necessary to serve the Guest Capacity for each New Center.
5.6. Maintenance and Repairs. Host Cities will cause the New Centers to be regularly cleaned, maintained, and r epaired in accordance with generally accepted standards, and as necessary to ensure compliance with the Building Standards. The Operating Agreement s for the New Centers shall include terms and conditions requiring the Center Operator s to comply with this Section.
5.7. Security. Each Host City will ensure that adequate security measures and policies are incorporated into the New Centers’ construction and operation, including but not limited to security plans, secured entrances, on-site security personnel, video recording equipment, adequate lighting, law enforcement patrols, and neighborhood safety controls. Detailed security procedures and protocols will be included in the Operating Plan developed by the Host City, Center Operator, and the Party Representatives, as described further below.
6. USE AND OPERATION OF NAVIGATION CENTERS
6.1. Exclusive Purpose of Navigation Centers. The Navigation Centers subject to this Agreement will be used by the Parties exclusively for the purpose of providing Se rvices to Guests located within the Program Area. The Parties agree to work cooperatively and in good faith, and to take such reasonable action(s) or precaution(s) as deemed necessary, to effectuate the purpose of this Section.
6.2. Use and Access of Navigati on Centers. In consideration for the City Parties ’ payment of their respective Party Share, each City Party shall have the right to utilize an approximately equivalent percentage of its Party Share of total Guest Capacity in the Navigation Centers. The Parties shall have access to and utilize the monitoring and logging system developed and operated by the County to track the real-time availability of Guest Capacity in the Navigation Centers, and to make arrangements and reservations for the transportation o f Guests thereto and therefrom. Parties utilizing Guest Capacity in New Centers shall comply with the applicable Operating Plan.
6.3. Length of Stay and Transitional Housing. Host Cities shall have the authority to establish reasonable restrictions on the maximum length of stay for any individual Guest in a New Center, which restriction shall be set forth in the Operations Plan. Any restrictions adopted pursuant to this Section by a Host City shall be consistent with those generally imposed by facilities of similar type, nature and purpose. Upon expiration of any length of stay imposed by a Host City, the Party from whose jurisdiction the Guest originated from shall provide tran sportation and otherwise facilitate the return of the Guest to said jurisdiction, subject to restrictions imposed by applicable laws. Consistent with the purposes of this MOU to provide a long -term solution to the unsheltered homeless population within the Program Area, the City Parties agree to work cooperatively and in good-faith towards facilitating the development of supportive short-term and permanent affordable housing units within their respective jurisdictions, such that Guests may be transitions from the temporary shelter provided by Navigation Centers to long-term housing.
VERSION: 3.15.19
6.6.19 9.04.19
11 6.4. Host City Priority. The Host Cities shall have priority to utilize the available Guest Capacity in their respective New Center, and shall have the right of first refusal in the event of capacity overflow or shortages.
6.5. Annual Review of Party Usage. The Guest Capacity utilize d by each Party shall be reviewed not less than once per year in conjunction with the Annual Meeting and in light of the Annual Report and Annual Audit described below, and the results of this review shall be used for making any necessary adjustments to th e Party Shares or the Cost Allocation Plan to ensure the Parties’ financial obligations hereunder accurately reflect the benefit derived; as well as to make any necessary revisions to the Operating Plans to further the goals and objectives of this Agreement. Notwithstanding the foregoing, during the first two (2) Annual Terms, the Party Representatives shall meet not less than once per quarter to review the matters described in this Section; provided that such a review shall be conducted at any time during the Term upon a request by two-thirds (2/3) of the Party Representatives.
6.6. Center Operators. Each Host City will enter into an Operating Agreement with a Center Operator for comprehensive and “turnkey” day-to-day management and operation of the New Cente r located within its jurisdiction. Except as otherwise agreed by the Parties, Center Operators shall be a non -profit organization with demonstrated experience operating similar facilities and providing similar services as contemplated in this Agreement, an d shall be selected by the Host City following a competitive process, with the selection based on cost considerations, capacity to perform to the Services, qualifications and expertise, and such other matters deemed relevant by a Host City or the Party Representatives. A Host City’s selection of a Center Operator shall be subject to approval by the Party Representatives.
6.7. Operating Plan. Each Host City shall develop an Operating Plan which shall govern the day-to-day management and operation of its New Center, and shall be incorporated into the Operating Agreement for the New Center. The Operating Plan must be approved by the Host City, the Center Operator, and the Party Representatives, and will address such matters as are detailed in Exhibit “F”, in addition to such other terms and conditions that may be directed by the Host City and the Party Representatives.
6.8. Operating Agreement. Prior to a Host City’s commencement of a solicitation for a Center Operator, the Party Representatives shall work cooperatively and in good faith to develop minimum experience and qualifications, as well as general standards, terms, and conditions to be included in an Operating Agreement necessary and appropriate to protect the Parties’ respective interests. In addition to any other terms or conditions that may be directed by a Host City or Party Representative, each Operating Agreement will, to the maximum extent permitted by law, require the Center Operator to defend, indemnify, and hold the Parties harmless from and against any and all claims or damage to person or property relating to or arising from the Center Operator’s management and operation of a New Center. The terms and conditions of Operating Agreements shall be subject to approval by the Party Representatives.
6.9. Low-Barrier Access. The New Centers shall be considered “low barrier” facilities for purposes of Guest access , and any entry screening, barriers, or conditions to access shall be defined in the Operating Plan , as such may be approved by the Party Representatives and VERSION: 3.15.19
6.6.19 9.04.19
12 reasonably necessary to accomplish the purposes of this Agreement, or as may otherwise be ordered by a court of law, or required by a settlement agreement to which the Host City is a party.
Except as required to comply with applicable law or court order, the New Centers shall not be “no- barrier” facilities, and shall have, at a minimum, access or entry conditions for Guests that are substantially similar to those utilized by the other Navigation Centers , and screening for felony warrants or registration as a sex offender as may be included in the Operating Plan.
6.10. Community Coordination and Communication. The Parties are committed to communication with neighbors on an ongoing basis. During the Term, the Parties and the Center Operators will work together cooperatively and in good faith to facilitate community forums, generate educational or outreach materials, and engage in similar activities to promote or further the purposes of the Program. The goal of such efforts will be to provide members of the community with opportunities to ask questions and receive information about the Navigation Centers and the Program. Any printed or published materials relating to the Program shall be subject to approval by the Party Representatives.
a) Complaints / Inquiries. Any community complaints and/or inquiries about the Program should be recorded and forwarded to the appropriate Party, or its designated point of contact, for prompt investigation. The Part y Representatives and Center Operators shall work together to facilitate appropriate responses to customer service requests and prompt resolution of community complaints.
b) Visitors / Tours. Visits by members of the community and tours of Navigation Centers should be made available by the Host Cities, and will be coordinated by and through the Host City and the Center Operator.
c) Retention of Professional Service Providers. The Parties may ret ain or appoint professional service providers as necessary to provide public relations, legal, accounting, or other specialized support services for the Program. The Parties will designate a Party to serve as the contracting agency for any such purposes, and the need for and selection of any such professional service providers will be subject to approval by the Party Representatives. Costs and expenses incurred in the retention of professional services providers shall be a Program Cost.
d) Coordination of Government Agencies. The Program will be operated for the public good, and successful implementation will requ ire the partnership of various stakeholders including the Parties, Center Operators, local school districts, and other local political subdivisions and community organizations. The Parties are, and the Center Operators shall be, committed to working cooper atively with numerous stakeholders to serve Guests in the Program Area. The Parties and the Center Operators will communicate and work collaboratively with local police, fire, and public safety departments through all stages of Program implementation, incl uding but not limited to the design of New Centers, and the development and implementation of Operating Plans and Operating Agreements.
6.11. Annual Report. At least once per year, to be completed contemporaneously with the Annual Audit, the Parties shall caus e a third -party to review and audit the day -to-day operational affairs of the Navigation Centers, and prepare an Annual Report to be presented to the VERSION: 3.15.19
6.6.19 9.04.19
13 Party Representatives. The Annual Report shall include such information as may be directed by the Party Representatives, but should at a minimum address such issues as: the sufficiency of the Guest Capacity for the Program Area; each Party’s usage of Guest Capacity over the past year; each Party’s anticipated Guest Capacity needs for the ensuing year; funding needs and opportunities; anticipated capital improvement or operational expenses for the Program; the extent to which the Program is achieving the purposes of this Agreement; and a performance review of the Navigation Centers, Center Operators, and Operating Plans. The Parties will designate a Party to serve as the contracting agent for such purposes, and the selection of a third-party to prepare the Annual Report shall be subject to approval of the Party Representatives. Costs and expenses incurred in the retention of professional services providers shall be a Program Cost.
7. FINANCIAL PROVISIONS
7.1. Program Treasurer. The Parties shall select a Party to serve as the Program Treasurer.
a) Designation. The identity of the Program Treasurer shall be memorialized i n writing, and the Party Representatives may alter the identity of the Program Treasurer at any time, and the Program Treasurer may resign at any time, both without penalty, cause, or justification; provided that as much advance notice as possible shall be afforded in the case of Program Treasurer resignation. Subject to the foregoing, the Parties designate the City of La Palma to serve as the Program Treasurer.
b) Costs. The Program Treasurer shall be entitled to be recover the costs associated with serving in such capacity under this Agreement.
7.2. Program Accounts. The Program Treasurer shall establish and maintain the Program Accounts set forth in Exhibit “G”, or such other or different accounts as may be directed by the Party Representatives from time to time, with a banking institution approved by the Party Representatives, into which the Program Treasurer shall deposit all Program Funds. The Program Funds deposited into each Program Account will be used for the specific purposes of such account.
7.3. No Comingling of Funds. Program Funds provided by the Parties for specific purposes under this Agreement shall be deposited into the designated Program Account, and shall not be comingled with funds provided for any other purpose, nor used for any purpose other than the specific purpose so designated, absent the approval of Party Representatives.
7.4. Permissible Use of Funds. Each Party represents and warrants to the other Parties that the funding source for the Party Shares paid under this Agreement may be used for the purposes described herein, and their expenditure was duly authorized by the governing board of the Party. Any restriction or limitation on the use of funds contributed by a Party under this Agreement shall be so designated and disclosed by the Party making the payment and, should such restrictions or limitations frustrate or hinder the purpose or administration of this Agreement, the Parties may require the Party Share be paid from an alternative funding sourc e; provided that the Parties shall work together cooperatively and in good faith to attribute restricted funds provided VERSION: 3.15.19
6.6.19 9.04.19
14 by the Parties towards authorized purposes that further the Program before requesting an alternative funding source.
7.5. Description of Party Shares; Financial Contributions by the Parties.
a) Anticipated Program Costs. As of the Effective Date, the Parties agree that Exhibit “C” represents a reasonable estimate of Program Costs anticipated to be incurred by the Parties in the acquisition of N ew Center sites and the completion of modifications or capital improvements thereto (Exhibit C(1)), and annually to operate the New Centers during the Term (Exhibit C(2)). The Parties hereby approve of such Program Costs as the Program Budget, which will govern the Program Treasurer’s allocation of Program Funds to the Parties. At each Annual Meeting, a new Program Budget will be approved by the Party Representatives for the immediately ensuing Annual Term, and any such Program Budget may thereafter be modified, amended, or superseded by the Party Representatives.
b) Funding Sources and Parties’ Share of Program Costs
1. Funding Sources and Party Shares. As set forth in Exhibit D(1) and (D)(2), the Program Costs are anticipated to be paid for from four (4) funding sources: (1) HEAP Funding awarded to the City Parties; (2) SB 2 Funding provided to the City Parties; (3) funds contributed by the County; and (4) Party Shares. The portion of Program Costs to be paid from Party Shares ar e the City Program Costs, and each Party Share of such City Program Costs is detailed in Exhibit D(3) and D(4). Should any of the alternative funding sources fail, in whole or in part, then the unfunded portion of Program Costs shall be deemed City Program Costs, to be paid by the City Parties in accordance with the Cost Allocation Plan.
2. Basis for Allocation; Cost Allocation Plan. The Parties agree that each Party Share is intended to, and does, fairly represent the privileges, benefits, and burdens flowing to and imposed upon each such Party, and its respective community, in that each Party Share represents a portion of the City Program Costs that is substantially equal to each City Party’s anticipated use of the aggregate Guest Capacity of the Navigation Centers, and associated burdens of the Program carried by Host Cities. The Parties agree that each Party Share is consistent with the Cost Allocation Plan set forth in Exhibit “E” and that the Cost Allocation Plan accurately reflects the burdens and benefits of the Parties under this Agreement.
3. Annual Meeting. No later than ninety (90) days before the commencement of each Annual Term, the Parties shall review the results of the previous year’s Annual Audit, together with the Annual Report, existing Cost Allocation Plan, and Program Costs anticipated to be incurred in the current and future Annual Terms, and shall, cooperatively and in good faith:
negotiate and reach a mutual agreement as to any adjustments or revisions to the Cost Allocation Plan necessary to finance and operate the Program and the Navigation Centers, and to improve, develop or repair the Navigation Centers; ensure that each Party Share fairly reflects the benefits and obligations to such Party under this Agreement, consistent with the considerations included in the Cost Allocation Pl an; and to adopt and approve a new Program Budget for the immediately ensuing Annual Term.
VERSION: 3.15.19
6.6.19 9.04.19
15 4. Notice of Party Shares. Not later than sixty (60) days prior to the commencement of each Annual Term, the Parties shall finalize the Party Shares for the ensuing Annual Term based on the Cost Allocation Plan, and notice of each Party’s Share shall be provided by the Program Treasurer not later than thirty (30) days immediately preceding commencement of the applicable Annual Term.
5. Timely Payment. Each Party shall p ay the Party Share in consideration for its continuing right to use and access the Navigation Centers. Each Party’s annual obligation to remit payment of the Party Share is contingent on the Parties making the Navigation Centers available to such Party for the applicable Annual Term. Each Party shall remit payment of its Party Share on or before the deadline established by the Party Representatives, and set forth in the notice by the Program Treasurer. Late payments shall accrue interest at the maximum interest rate permitted by law applicable to municipal corporations.
6. Funding Shortages. Should the Program experience a shortfall in funding during any Annual Term, the Program Treasurer, with the approval of Party Representatives, shall provide written notice to the Parties of the shortage, and the City Parties shall remit payment of required amounts within thirty (30) days’ receipt of the same, with the amount of each City Party’s payment to be based on the Cost Allocation Plan.
7. Reconciliation. If, duri ng any Annual Meeting, the Part y Representatives determine that past payments made by any Party were either in excess or less than the amount fairly attributable to that Party, that Party’s Share shall be adjusted in future Annual Terms.
8. Public Benefit and Purpose. Each Party acknowledges that establishment and operation of the Program, including but not limited to development and operation of the Navigation Centers, is a substantial benefit to each such Party, and the residents, business, and co mmunities residing within their respective jurisdictional boundaries. All Parties expressly declare that this Agreement, and all expenditures of public funds hereunder for the purposes described herein, furthers legitimate public purposes of combating and remediating incidents of homelessness in their communities.
9. No Repudiation of Party Share. In the event any Party refuses to receive or take advantage of the Program benefits, or access or utilize the Navigation Centers, despite the opportunity to do so as a Party to this Agreement, or in the case of a default or failure to pay its Party Share in accordance with this Agreement, each Party remains obligated to pay to the other Parties, by and through the Program Treasurer, its outstanding payments hereunder as they become due and payable, and any other Party may take any legal action as appropriate to obtain such payment.
10. Results of Nonpayment by Party. All Parties acknowledge that the failure of any Party to pay any amount hereunder will result in an increase in the operational costs of the Program to be divided among all other Parties. To that end, in the event any Party fails to pay, for any reason, any amount required to be paid by that Party under this Agreement within fifteen (15) days of when such payment is due, the amount of such nonpayment will be apportioned among the remaining Parties such that the remaining Parties will be responsible to pay such unpaid amount.
VERSION: 3.15.19
6.6.19 9.04.19
16 Should the non-paying Party subsequently pay any portion of the amount owing, the increased cost paid pursuant to this Section by the remaining Parties will be reimbursed from such payment in a percentage equal to each Party’s Share. Each Party’s incremental increase in a contribution resulting from a Party’s nonpayment will be due with in thirty (30) days of notification by the Program Treasurer. The obligation of Parties to pay increased amounts under this paragraph is not intended to be an exclusive remedy. The Parties reserve the right to take any action as is appropriate to obtain payment from any non -paying Party. Additionally, each Party paying increased costs pursuant to this paragraph, shall have and retain the right to take any action at law or equity as is appropriate to obtain reimbursement of such increased payment am ounts from the non-paying Party.
11. No Reimbursement. Except as otherwise expressly provided herein, it is the intention of all Parties that no funds provided by any Party under this Agreement shall be reimbursed. The Parties acknowledge that the payments m ade or required under this Agreement represents a fair return and consideration in exchange for access and use of the Program and Navigation Centers during the Annual Term to which the payment or payment(s) relate(s). If, pursuant to judicial action or threat thereof, or for any other reason, any funds are reimbursed under this Agreement to any Party, other than as expressly provided herein, the remaining Parties will be responsible for paying the reimbursed amount, with each Party’s repayment obligation eq ualing that used to establish the Party’s Share.
12. Budgeting Party Contributions. For each Annual Term, each Party shall make every effort to adopt all necessary budgets and make all necessary appropriations for all payments due hereunder. The covenant cont ained in this Section shall be deemed to be, and shall be construed to be, contingent upon the continuing offer by other Parties to participate in the Program and be a party to this Agreement. To the extent the Parties offer access and use of the Program and Navigation Centers to any Party, the continued responsibility of such Party to make all payments required hereunder shall be a duty imposed by law and it shall be the duty of each and every public official of each Party to take such actions and do such things as are required by law in performance of the official duty of such officials to enable the Party to carry out and perform the covenants contained in this Section.
13. Mutual Covenant. All Parties acknowledge that the construction, maintenance and availability of Navigation Centers for the provision of Services to Guests, and the division of the costs of constructing and maintaining such Navigation Centers among the Parties allows for costs efficiencies and significant savings to each Party and that eac h Party has entered into this Agreement in reliance on such shared costs and resulting savings. Each Party, to provide assurance of such cost efficiencies to each remaining Party, hereby expresses its commitment to fulfill its stated obligations regardless of the term of the Agreement overlapping more than one fiscal year, and acknowledges the financial burden that any breach of the terms of this Agreement will have on all other Parties.
14. Grant Funding. The Parties are encouraged to pursue local, state, federal, and other grant opportunities and funding sources in furtherance of the Program, the Navigation Shelters, or towards a Party’s financial contributions under this Agreement. To the extent possible, the Parties agree to work together cooperatively and in good faith in pursuit of funding VERSION: 3.15.19
6.6.19 9.04.19
17 opportunities.
7.6. Program Property. The Program Treasurer shall track and keep an accurate list of all Program Property valued at more than Five Hundred Dollars ( $500) that is acquired with funds contributed by the Parties, including a record of which Party is in custody of such Program Property. Regardless of whether a Party holds legal title to any such Program Property, it shall be managed and utilized by the Party in custody and control of the same exclusively for purp oses consistent with this Agreement, and/or the terms and conditions of the HEAP Funding Agreement entered into by a Host City, as applicable.
7.7. Disposition of Program Property. In the event any Party is in possession of any item of Program Property that is not needed or currently being utilized for purposes consistent with this Agreement, the Party in possession shall, within a reasonable time of discovering the same:
(1) provide written notice to the Parties; and (2) direct the transfer the Program Property to another Party for use in the Program, as approved by Party Representatives. In the event the transfer of Program Property is unnecessary or infeasible, the Program Property shall be sold at fair -market value within a reasonable period of time, and the proceeds immediately transferred to the Program Treasurer for deposit into Program Accounts, or for reimbursement or reduction of Party Shares, as may be directed by Party Representatives. To the extent state, federal, or grant restrictions direct or all ow the disposition or sale of Program Property acquired with any such funding source, including but not limited to the terms and conditions of the HEAP Funding Agreement entered into by a Host City, the same shall govern and prevail over the terms of this Section.
7.8. Annual Audit. The Program Treasurer shall cause an independent financial audit of the Program Accounts to be completed for each tax year (January – December) during the Term, and the report shall be presented to the Parties at the Annual Meeting (“Financial Audit”). The Financial Audit shall comply with Generally Accepted Government Audit Standards, and shall be distributed to all Parties upon completion. The Program Treasurer shall be the “contracting party” for purposes of any third-party contract with an independent auditor.
8. DISPUTES, DEFAULTS, AND REMEDIES
8.1. General Disputes. Should the Parties be unable to reach a mutual agreement as to any matter necessary to effectively administer and operate the Program, such as the amount of any Party Share, as an alternative to terminating this Agreement or pursuing an alternative remedy, the Parties may mutually agree to refer the dispute to a neutral arbitrator for resolution, in which case the arbitrator’s determination shall be binding unless and until this Agreement is otherwise amended by the Parties.
8.2. Defaults.
a) Notice and Time to Cure. The failure by any Party to perform any of its obligations set forth in this Agreement shall constitute a default. Except as required to protect against further damages, the non-defaulting Parties may not institute legal proceedings against the Party in default until the non -defaulting Parties have provided the defaulting Party notice of the default and the cure period has expired: The cure period for any default shall be thirty (30) days VERSION: 3.15.19
6.6.19 9.04.19
18 after the defaulting Party’s receipt of written notice from th e non -defaulting Parties that such obligation was not performed. In the case of a default which cannot be cured within the cure periods set forth in this section, the defaulting Party shall commence efforts to cure within such time periods, and shall dilig ently thereafter pursue to cure the default to completion within a reasonable period of time.
b) Cooperative Resolution. During the cure period set forth in paragraph (a), and prior to pursing any remedies described in this Section, the Parties will attempt , in good faith, to find a mutually agreeable resolution through communicating with each other and attempting to resolve any substantive problems arising under this Agreement, including challenges arising from funding difficulties, and/or any difficulty wi th effectively implementing the responsibilities detailed in this Agreement. Communication and attempts to resolve such problems and difficulties prior to pursing remedies under this Agreement include, but are not limited to, meeting together, amending this Agreement, and/or seeking the assistance of a jointly agreed upon mediator.
c) Remedies. Upon the occurrence of any default, and following written notice and expiration of the time to cure, the non -defaulting Parties may, at their option: declare this Agreement null and void with respect to the defaulting Party, in which case the defaulting party shall not be entitled to the benefits and privileges of this Agreement or the Program; or pursue damages or specific performance or other legal and equitable re medies the injured Parties may have against the non-defaulting Party in accordance with applicable law. Nothing herein shall be construed as the non-defaulting Parties’ exclusive remedy for the remediation of default by a Party, and the non-defaulting Parties reserve the right to pursue any and all available rights and remedies at law or in equity.
d) Non-refund of Contributions. The payments made by all Parties pursuant to this Agreement shall be used for the Program in the manner described herein, and all P arties acknowledge and agree that the development, administration, and operation of the Program, including development of the New Centers, provides an immediate benefit to each Party and that no payments made pursuant to this Agreement shall be refunded fo r any reason other than as specifically authorized herein.
9. INDEMNITY AND INSURANCE
9.1. Indemnity / Hold Harmless. Each Party shall hold harmless, indemnify, and defend the other Parties, and each of them individually and jointly, and their respective officers, employees, and agents, from and against any and all claims, suits, or actions of every kind brought for or on account of injuries to or death of any person or damage to any property of any kind whatsoever and to whomsoever belonging which arise out of a Party’s failure to fulfill any payment obligations of such Party arising pursuant to the performance or nonpe rformance of the Party’s covenants and obligations under this Agreement, and which result from the actively negligent or wrongful acts of the Party, or its officers, employees, or agents. This provision requiring a Party to hold harmless, indemnify, and defend the other Parties shall expressly not apply to claims, losses, liabilities, or damages arising from actions or omissions, negligent or otherwise, of any independent contractor providing services pursuant to a contract with any other Party. In the event of concurrent negligence of the Parties or any other Party, its respective officers, or employees, VERSION: 3.15.19
6.6.19 9.04.19
19 and a Party, its officers and employees, then the liability for any and all claims for injuries or damages to persons and/or property or any other loss o r cost which arises out of the terms, conditions, covenants or responsibilities of this Agreement shall be apportioned in any dispute or litigation according to the California theory of comparative negligence.
9.2. Insurance. Each Host City, and all Center Operators, shall obtain and maintain in full force and effect throughout the term of this Agreement, or the term of the Center Operator’s contract, as applicable, insurance of the types and in the amounts directed by the Party Representatives. Costs incurred by Host Cities in procuring or maintaining such insurance shall be a Program Cost.
10. MISCELLANEOUS
10.1. Approval by Party Representatives; Host City Authority. Any term or provision of this Agreement that calls for the direction, approval, or consent of the Party Representatives, shall mean and refer to the direction, approval, or consent of at least two -thirds (2/3) of the Party Representatives; provided that, notwithstanding anything contrary in this Agreement, Host Cities shall have discretion to approve or disprove any such action that: directly relates to the operation, management, capacity, construction, location, design, or scale of a Navigation Center located in the Host City’s jurisdiction; results in the addition of a New Party to this Agreement; or any other action that, in Host City’s reasonable discretion, will have a reasonably foreseeable negative material impact on residents, business, or public facilities in the area surrounding the New Center, materially increase the intensity of New Center use or capacity, or materially increase burdens on public services provided to said area. . Except as specifically provided herein, all actions reasonably necessary to effectuate the purpose of this Agreement and the Program may be performed by the Party Representatives except as may otherwise be prohibited by state or federal law.
10.2. Notice. Any notices provided to any Party in connection with this Agreement shall directed to the Party Representative of each of the Parties set forth in Exhibit “H”.
10.3. Parties as Independent Contractors. Each Party is, and at all times shall be deemed to be, an independent contract or of the other Parties. Nothing herein is intended or shall be construed as creating the relationship of emp loyer and employee, or principal and agent, between any Party, or any Party's agents or employees. Each Party shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performanc e of the Program pursuant to this Agreement. Each Party, and its agents and employees, shall not be considered to be employees of any other Party.
10.4. Governing Law and Venue. This Agreement has been negotiated and executed in the State of California and shal l be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction, located in Orange County, California , and the Parties agree to and hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the Parties specifically agree to waive any and all rights to request that an action be transferred for trial to another county.
VERSION: 3.15.19
6.6.19 9.04.19
20 10.5. Amendments / Entire Agreement. Amendments to this Agreement must be in writing and approved by the governing body of each Party. This Agreement, and the various Exhibits referenced herein which are incorporated fully by this reference, is the entire agreement among the Parties with respect to the subject matter hereof, and it supersedes any prior written or oral agreements with respect to the subject matter.
10.6. Severability. If any section, subsection, paragraph, term, or provision of this Agreement, or the application thereof, is held by a court of competent jurisdiction to be invalid, void or unenforceable, such section, subsection, paragraph, term, or provision, to the extent the same is valid and enforceable, and all other remaining provisions hereof, shall remain in full force and effect, to the fullest extent possible, and shall in no way be affected, impaired or invalidated thereby to the extent such are not rendered impractical to perform taking into consideration the purposes of this Agreement.
10.7. Attorneys’ Fees. In any action or pr oceeding to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable costs, expenses, and attorneys’ fees incurred in such action or proceeding.
10.8. Interpretation. This Agreement has been negotiat ed at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this Agreement. In addition, each Party has been represented by experienced and knowledgeable independent legal counsel of its own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each Party further acknowledges that is has not been influenced to any extent whatsoever in executing this Agreement by the other Parties, or by any person representing the other Parties, or both. Accordingly, any rule or law (including Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Agreement against the Party that has drafted it is not applicable and is waived . The provisions of this Agreement shall be interpreted in a reasonable manner to affect the purpose of the Parties and this Agreement.
10.9. Non-Waiver of Rights and Remedies. No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
10.10. Authority. The Parties represent and warrant that this Agreement has been duly authorized by their respective governing boards, and executed by a duly authorized representative thereof, and constitutes th e legally binding obligation of their respective Party, enforceable in accordance with its terms.
10.11. Assignment. Except as otherwise expressly provided for herein, no Party shall assign any of its obligations or rights hereunder without the consent of all ot her Parties, and any such assignment without consent shall be null and void.
VERSION: 3.15.19
6.6.19 9.04.19
21 10.12. Execution in Counterparts. This Agreement may be executed in counterparts, each of which, when the Parties have signed this Agreement, shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
IN WITNESS WHEREOF , the Parties to this Agreement have caused the same to be executed by each of their duly authorized officers as follows:
[SIGNATURE PAGE(S) TO FOLLOW]
EXHIBITS TO N-SPA MOU DATED 3.14.19
9.18.19 Exhibit A
Program Area
EXHIBITS TO N-SPA MOU DATED 3.14.19
9.18.19 Exhibit B
Navigation Centers and Guest Capacity
Navigation Centers
City Current Centers’ Capacity New Centers’ Capacity Total Guest Capacity Brea 0 0 0
*Buena Park 20 150 170
Cypress 0 0 0
Fullerton 359 0 359
La Habra 99 0 99
La Palma 0 0 0
Los Alamitos 36 0 36
Orange 154 0 154
*Placentia 70 100 170
Stanton 153 0 153
Yorba Linda 0 0 0
Villa Park 0 0 0
Navigation
Center Total
891 250 1,141
* Designation of “Host Cities” for New Centers
** Data from Anaheim Spreadsheet of May 30, 2018
EXHIBITS TO N-SPA MOU DATED 3.14.19
9.18.19 Exhibit C
Program Costs and Budget
(1) New Center - Construction and Acquisition Program Costs (Estimate) New Center Total Costs Ave. Costs Per Bed
Buena Park $7,515,070 $50,100.47
Placentia $6,800,000 $68,000.00
Total $14,315,070 $57,260.00
(2) New Center Ongoing Operations and N-SPA Administrative Program Costs (Annual Estimate – Year 1)
Navigation Center Total Costs Ave. Costs Per Bed
Buena Park $2,400,000 $16,000.00
Placentia $1,600,000 $16,000.00
N-SPA Administration Costs $125,000 $555.56
Total $4,125,000 $16,500.00
Operations based on Buena Park Estimates; Construction based on individual Host City Estimates; Administration includes Insurance, Audit, and Accounting Costs.
EXHIBITS TO N-SPA MOU DATED 3.14.19
9.18.19 Exhibit D
Funding Sources and Party Shares
(1) Funding Sources for New Center Construction and Acquisition Program Costs Funding Source Funding Amount (est.) Percent of Total
HEAP* Funding Awarded to Buena Park $6,412,300 44.79%
HEAP* Funding Awarded to Placentia $5,650,000 39.47%
SB 2** Funding to City Parties $1,057,272 7.39%
City Program Costs $1,195,498 8.35%
Total $ 14,315,070 100%
(2) Funding Sources for New Center Ongoing Operations Program Costs (Annual Estimate – Year 1) Funding Source Funding Amount (est.) Percent of Total
**SB 2 Funding to City Parties $1,573,214 38.14%
County Commitment $1,250,000 30.3%
City Program Costs $1,301,786 31.65%
Total $4,125,000 100%
(3) Party Shares of City Program Costs – Construction and Acquisition of New Centers City Funding Amount (est.) Percentage of City Program Costs Brea $60,668 5.07%
Buena Park $150,006 12.55%
Cypress $61,278 5.13%
Fullerton $306,226 25.61 %
La Habra $89,585 7.49%
La Palma $23,652 1.98%
Los Alamitos $18,595 1.56%
Orange $252,396 21.11%
Placentia $87,770 7.34%
Stanton $72,732 6.08%
Yorba Linda $67,086 5.61%
Villa Park $5,505 0.46%
Total $1,195,498 100%
(4) Party Shares of City Program Costs – Ongoing Operations of New Centers (Year 1) City Funding Amount Percentage of City Program Costs
Brea $77,005 5.92%
Buena Park $44,383 3.41%
Cypress $79,179 6.08%
Fullerton $391,480 30.07%
La Habra $119,255 9.16%
La Palma $29,652 2.28%
Los Alamitos $25,357 1.95%
Orange $319,502 24.54%
Placentia $20,195 1.55%
Stanton $98,319 7.55%
Yorba Linda $89,983 6.91%
Villa Park $7,476 0.57 %
Total $1,301,786 100%
EXHIBITS TO N-SPA MOU DATED 3.14.19
9.18.19 * HEAP Detail: Total HEAP award to Program is $12,062,300, which is comprised of $6,500,000 commitment from the County of Orange from its HEAP Funding allocation, and $5,562,300 in HEAP funds awarded to the North SPA. ** Estimated SB 2 Funding Allocation to City Parties
City Construction Cost SB 2 Share – Large
Cities
Operations Cost SB 2 Share (50% of
Large City, 100% of Small City
Buena Park $164,351 $153,436
Fullerton $306,432 $286,081
La Habra $173,086 $161,590
Orange $270,392 $252,434
Placentia $95,597 $89,248
Yorba Linda $47,417 $44,268
Cypress X $174,077
Brea X $150,741
Stanton X $140,726
La Palma X $56,693
Los Alamitos X $42,374
Villa Park X $21,551
Total $1,057,274 $1,573,217
EXHIBITS TO N-SPA MOU DATED 3.14.19
9.18.19 Exhibit E
Cost Allocation Plan
EXHIBITS TO N-SPA MOU DATED 3.14.19
9.18.19 Exhibit F
Operating Plan Considerations
In addition to other matters directed by Party Representatives, Operating Plans should address or include the following:
A. General policies and procedures that promote utmost safety for Guests, staff, volunteers, and the community, and New Centers should strive to provide an atmosphere that promotes community, stays alert for signs of conflict, and confronts behaviors before they escalate.
B. Security measures including but not limited to security plans, secured entrances, on -site security personnel, video recording equipment, lighting, law enforcement patrols, and neighborhood safety and patrols.
C. Fire, earthquake, and disaste r safety, including but not limited to evacuation plans fire prevention procedures, fire drills and documentation, fire inspections and extinguishers.
D. Guest access, including but not limited to hours of operation, controlled access, transportation of Guests to and from Navigation Centers from jurisdiction of residence , overflow management, screening procedures and criteria, identification requirements and procedures, storage of Guest property, and animal polices.
E. Guest rules of cond uct and guidelines, including anti -loitering polices, the use of controlled and over the counter substances, possession of weapons or drug paraphernalia, and dispute resolution procedures.
F. Access and referral of Guests to emergency and medical care, incl uding both on site of New Centers and coordination with local EMT providers and medical facilities.
G. Coordination with transitional housing providers to locate transitional housing vacancies for Guests, and connect Guests to local service providers, with a goal of increasing the Navigation Center turnover rate as Guests are successfully matched to alternate housing opportunities.
H. Health policies designed for safety of staff and Guests, including procedures for the handling and disposal of hazardous materi als, precautions in handling of laundry and cleaning, and general self –health care, wearing appropriate protective garments (i.e. gloves) , use of disinfecting cleaning products, and hand‐washing procedures.
I. Disease prevention protocols for prevention and treatment of diseases and conditions such as seizures, diabetic episodes, mental health episodes, lice, bed bugs, influenza, and other communicable and contagious diseases.
J. Compliance with all local, state, and federal laws, regulations, and policies, i ncluding but not limited to labor laws, non-discrimination laws and polies, the Americans with Disabilities Act, gender-specific programming policies, religious freedom, and sexual harassment.
EXHIBITS TO N-SPA MOU DATED 3.14.19
9.18.19 K. Requirements for the safety of children and vulnerable adults among the Guest population, including staff trained in sex offender policies, child abuse, and vulnerable adult abuse and screening for sex offenses through the National Megan’s Law database.
EXHIBITS TO N-SPA MOU DATED 3.14.19
9.18.19 Exhibit G
Program Accounts
A. Capital Improvement Fund. Monies in the CPI Fund shall be used solely and exclusively for purposes of financing costs associated with the expansion, modification, improvement, retrofitting, construction, and/or development of the New Centers, including any pre or post- construction work associated with the foregoing.
B. Maintenance and Repair Fund. Monies in the M&R Fund shall be used solely and exclusively for purposes of financing costs associated with the regular and routine maintenance, repair, or replacement of capital improvements associated with the New Centers.
C. Operating Fund. Monies in the Operating Fund shall be used solely and exclusively for purposes of financing costs associated with the day -to-day on -site management and operation of the New Centers, including such expenses as insurance, personnel, consumables, disposables, refuse disposal, utility costs, professional services providers, etc.
Buena Park Navigation Center
Management, Operations
and Public Safety Plan
April 19, 2023
Table of Contents
SECTION I. PURPOSE & INTRODUCTION .................................................................................................................................................................... 6 SECTION II. SHELTER ADMINISTRATION ..................................................................................................................................................................... 7 A. PROGRAM DESCRIPTION ................................................................................................................................................................................. 7
1. Population Served ....................................................................................................................................................................................... 7
2. Program Description ................................................................................................................................................................................... 8
3. Services Provided ...................................................................................................................................................................................... 10
4. Coordinated Entry System Integration ...................................................................................................................................................... 10
5. Target Goals/Expected Outcomes............................................................................................................................................................. 10
6. Program Layout ....................................................................................................................................................................................... 11 B. PROGRAM DESCRIPTION................................................................................................................................................................................ 12
1. Client Program Expectations ..................................................................................................................................................................... 12
2. Identification Requirements ...................................................................................................................................................................... 12
3. Screening Requirements ........................................................................................................................................................................... 12
4. Bed Reservation System ............................................................................................................................................................................ 12
5. New Clients ............................................................................................................................................................................................... 13
6. Day Leave and Returning Clients .............................................................................................................................................................. 14
7. Hours of Operation .................................................................................................................................................................................. 14 C. Overflow Management .................................................................................................................................................................................. 14
1. Coordinated Service Delivery Plan ............................................................................................................................................................ 14
2. Overflow Policies....................................................................................................................................................................................... 15 D. Exit and Re-Admission ................................................................................................................................................................................... 15
1. Exit and Readmission Policies ................................................................................................................................................................... 15
2. Exit Procedures ......................................................................................................................................................................................... 16 E. Housing Navigation Services Policy ................................................................................................................................................................ 16
1. Documentation of Housing Navigation Services and Data Security Policies ............................................................................................. 16 F. Daytime Program Policies .............................................................................................................................................................................. 17 G. Multi-Service Center Program Policies .......................................................................................................................................................... 17
1. Outside Multi-Service Center Clients ......................................................................................................................................................... 17
2. Lead Agency Protocols .............................................................................................................................................................................. 17
3. Requirements for Service Provider Partners .............................................................................................................................................. 17 H. Good Neighbor Policy – Community Coordination and Communications ..................................................................................................... 18
1. Communications and Coordination with Neighborhood, Business and Public .......................................................................................... 18
2. Communication and Coordination with Local Police and Fire Departments ............................................................................................. 19
3. Communications and Coordination with City, County, and Service Providers ........................................................................................... 19
4. Policies for Community Involvement ......................................................................................................................................................... 19
5. Policies for Neighborhood Outreach Patrol ............................................................................................................................................... 19 I. Navigation Advisory Commission .................................................................................................................................................................... 20
1. Composition of Commission ...................................................................................................................................................................... 20
2. Meeting Schedule ..................................................................................................................................................................................... 20
3. Accountability and Grievance Process and Policies ................................................................................................................................... 20
4. Reports to the Commission ....................................................................................................................................................................... 21 J. Safety Policies ................................................................................................................................................................................................. 21
1. Facility Maintenance ................................................................................................................................................................................ 21
2. Fire and Earthquake Safety ....................................................................................................................................................................... 21
3. Fire Prevention Procedures ...................................................................................................................................................................... 22
4. Fire Drills and Documentation .................................................................................................................................................................. 22
5. Fire Inspections and Extinguishers ............................................................................................................................................................ 23
6. Earthquake Safety .................................................................................................................................................................................... 23 K. Security Plan .................................................................................................................................................................................................. 23
1. Eligibility Screening ................................................................................................................................................................................... 23
2. Secured Entrances..................................................................................................................................................................................... 23
3. On-site Security Personnel ........................................................................................................................................................................ 23
4. Staff Plan .................................................................................................................................................................................................. 24
5. Security ..................................................................................................................................................................................................... 25
6. Security Alarms and Cameras ................................................................................................................................................................... 25
7. Security Lighting ....................................................................................................................................................................................... 25
8. Loitering Policy ......................................................................................................................................................................................... 25
9. De-escalating Conflicts ............................................................................................................................................................................. 25
10. Entrance and Exit Procedures ................................................................................................................................................................. 25
11. Policy regarding storage of client’s possessions ..................................................................................................................................... 25
12. Policy Pertaining to Searching of Clients’ Property by Staff .................................................................................................................... 26
13. Policy on Possession of Weapons On-Site ............................................................................................................................................... 26
14. Procedure for Contacting Police .............................................................................................................................................................. 26 L. Health Policies ................................................................................................................................................................................................ 27
1. Housekeeping Policies ............................................................................................................................................................................... 27
2. Pets, ESAs and Service Animal Policies ...................................................................................................................................................... 28
3. Possession and Use of Controlled Substances ........................................................................................................................................... 28
4. Policy for Drug Possession ........................................................................................................................................................................ 28
5. Security, Use and Access of Prescription Medications ............................................................................................................................... 29
6. Client Use of Over-The-Counter Medications ............................................................................................................................................ 29
7. Client Access to Emergency and Medical Care .......................................................................................................................................... 29
8. First Aid Equipment, Supplies and Procedures .......................................................................................................................................... 29
9. Policies & Procedures for Disease Prevention ........................................................................................................................................... 30 M. Food Policies ................................................................................................................................................................................................. 30
1. Provision of Nutritional Needs of Clients ................................................................................................................................................... 30
2. Meeting the Health Department Standards .............................................................................................................................................. 31 N. Transportation Policies .................................................................................................................................................................................. 31
1. Transportation Flow ON and Off Property ................................................................................................................................................ 31
2. Pedestrian Traffic ...................................................................................................................................................................................... 31
3. Bicycle Traffic and Parking ........................................................................................................................................................................ 31
4. Shuttle Transportation Services ................................................................................................................................................................ 32
5. Personal Vehicle Transportation and Parking ........................................................................................................................................... 32
6. Staff Transportation of Clients .................................................................................................................................................................. 32
7. Delivery of Shelter Good and Community Donations ................................................................................................................................ 32 O. Financial Policies ........................................................................................................................................................................................... 33
1. Financial Requests from Clients ................................................................................................................................................................ 33
2. Client Possessions and Funds .................................................................................................................................................................... 33
3. Annual Outside Audit ................................................................................................................................................................................ 33
4. Financial Reports Review .......................................................................................................................................................................... 33 P. Legal Policies .................................................................................................................................................................................................. 33
1. Policy for Compliance with Local Laws ...................................................................................................................................................... 33
2. Policy for Compliance with Labor Laws ..................................................................................................................................................... 34 Q. Non-Discrimination Policies........................................................................................................................................................................... 34
1. Policy for Compliance with Americans with Disabilities Act ...................................................................................................................... 34
2. Gender-Specific Programming Policy ........................................................................................................................................................ 34
3. Sexual Harassment Policy ......................................................................................................................................................................... 34
4. Policy Regarding Sex Offenders ................................................................................................................................................................ 35 R. Confidentiality Policies ................................................................................................................................................................................... 35
1. Personal Confidentiality ............................................................................................................................................................................ 35
2. Database Confidentiality Policies .............................................................................................................................................................. 36
3. Exceptions to the Confidentiality Policy .................................................................................................................................................... 36
4. Grievance Policies ..................................................................................................................................................................................... 36
5. Receiving and Posting ............................................................................................................................................................................... 36
6. Meeting with Staff .................................................................................................................................................................................... 37
7. Whistleblower Policy................................................................................................................................................................................. 38 SECTION III. STAFFING AND MANAGEMENT PLAN .................................................................................................................................................. 38 A. Staff Policies .................................................................................................................................................................................................. 38
1. Hiring Policy .............................................................................................................................................................................................. 38
2. Screening Procedure ................................................................................................................................................................................. 38
3. Acceptance Procedure .............................................................................................................................................................................. 38
4. Staffing Policies for Safe Humane Environment ........................................................................................................................................ 38 B. Policies for Staff Training ............................................................................................................................................................................... 40
1. Emergency Procedures – Evacuation, First Aid, and CPR, 911 Reporting .................................................................................................. 40
2. Safety Conduct – Prevention of Abuse, Crisis Intervention, Conflict Resolution ........................................................................................ 40
3. Appropriate Behavior for Dignity and Respect .......................................................................................................................................... 40
4. Communication......................................................................................................................................................................................... 40
5. Resources and Referrals ............................................................................................................................................................................ 40
6. Mental Health and Addiction Skills ........................................................................................................................................................... 41
7. Self – Care ................................................................................................................................................................................................. 41
8. Annual Staff Evaluation and Training Plan ............................................................................................................................................... 41
9. Documentation of Staff Training .............................................................................................................................................................. 41 C. Volunteer Policies .......................................................................................................................................................................................... 41
1. Selection, Screening, and Background Checks .......................................................................................................................................... 41
2. Orientation and Training .......................................................................................................................................................................... 41
3. Volunteer Code of Ethics ........................................................................................................................................................................... 42
4. Identifiable Lines of Authority ................................................................................................................................................................... 43
5. Descriptions of Volunteer Tasks ................................................................................................................................................................ 43 SECTION IV. ATTACHMENTS .................................................................................................................................................................................... 44 ATTACHMENT “A”: JOB DESCRIPTIONS .............................................................................................................................................................. 45 Regional Director of Emergency Services Job Description ........................................................................................................................... 46 Program Manager – Buena Park Navigation Center Job Description ........................................................................................................... 48 Site Leader – Buena Park Navigation Center Job Description ...................................................................................................................... 50 Lead Housing Navigator Job Description ..................................................................................................................................................... 51 Housing Navigator – Buena Park Navigation Center Job Description .......................................................................................................... 52 Logistics Coordinator – Buena Park Navigation Center Job Description ...................................................................................................... 53 Overnight Logistics Coordinator – Buena Park Navigation Center Job Description ..................................................................................... 54 ATTACHMENT “B”: SHELTER CLIENT EXPECTATIONS ......................................................................................................................................... 55 ATTACHMENT “C”: VOLUNTEER POLICIES .......................................................................................................................................................... 60
SECTION I. PURPOSE & INTRODUCTION
The purpose of the Management, Operations and Public Safety Plan (“Plan”) is to advise the City of Buena Park on a best practice model for operation of a Year Round Emergency Shelter Program and Multi-Service Center, as seen at the Buena Park Navigation Center, Buena Park, CA. The Plan may also be used to promote open communication between community stakeholders to help facilitate the adoption of additional Year Round Shelters, Multi-Service Centers, and Navigation Centers.
Establishing a Year-Round Emergency Shelter Program and Multi-Service Center will meet critical needs amongst some of the most vulnerable people in our neighborhoods, while also addressing a pressing social issue that is deeply impacting local businesses and communities.
The Plan identifies emergency shelter services for homeless persons and best practices to maintain a safe and healthy environment for its clients and the community at large. The overall purpose of the program is to connect homeless persons to permanent housing opportunities and resources to maintain housing stability and self-sufficiency. Goals and guidelines of the Plan align to National Standards of The HEARTH Act (2009).
SECTION II. SHELTER ADMINISTRATION
A. PROGRAM DESCRIPTION
1. Population Served
Year-Round Emergency Shelter Program and Navigation Services The Buena Park Navigation Center serves 149 shelter clients (90 beds for men, 49 beds for women, and 10 beds for couples) while providing access to a range of programs and supportive services. To ensure that the shelter will meet the needs of the community in serving chronic and vulnerable homeless people, clients are admitted with minimal, “low-threshold” requirements so that chronic and vulnerable homeless people can easily enter and remain in shelter until they can find permanent housing.
Those accessing Buena Park Navigation Center include homeless adults from the Northern SPA only.
Each new client is screened for sex offender and active felony warrant status before admission (screening takes place prior to the arrival at the facility as part of the bed reservation system), as detailed in the “Admission Criteria and Procedures.” All clients have access to and are encouraged to participate in all services provided. Every client is assigned a Housing Navigator at the time of intake, who will work with them to create a housing plan. All clients are required to work this housing plan as part of their enrollment with Buena Park Navigation Center, and they are notified of this prior to their enrollment with the program.
Access to the shelter is limited to clients that are currently enrolled with Buena Park Navigation Center, and because the Multi-Service Center is fully integrated within the shelter services provided, on-site services are strictly for currently enrolled clients only. If after time, the Shelter Operator, host City and operator partners may consider the Multi-Service Center a public benefit for the broader homeless community and/or the surrounding neighborhood community, they may open participation and access to a larger population.
To manage the impact on the surrounding community, should access to the shelter be opened to a wider population than just the 149 individuals who live in the shelter, the following policies are recommended:
1. Services should be accessed by appointment only; no walk-ins will be accepted;
2. On-site partner agencies must be responsible for coordination of service appointments;
3. On-site partner agencies must be responsible for providing transportation options to and from the shelter for scheduled appointments.
2. Program Description
Buena Park Navigation Center is designed to provide safe shelter, basic needs, and access to support to move individuals out of homelessness and into permanent housing opportunities.
Access to safe shelter
Buena Park Navigation Center accommodates overnight sleeping for 149 individuals per evening. Access to Buena Park Navigation Center is provided 24 hours a day, seven days/week, 365 days a year. In order to decrease the impact to the surrounding neighborhood, access to bed availability is handled through a reservation system. Walk-ins will not be permitted.
Length of Stay
There is no set minimum and the maximum length of stay is 90 consecutive days. Clients at Buena Park Navigation Center may stay enrolled with the program past the 90 days if they remain good neighbors and dedicated to working their personalized Housing Plan. This extended stay may be granted through an Extension Request process that is overseen by each client’s Housing Navigator and Program Management team. The client must complete a Request for Extension Application which, if granted, may extend their stay for an additional 90 days. Each client is assigned a Housing Navigator supporting their progress toward Housing Stabilization. The program is designed to provide this support until a housing option becomes available. However, at any time a client may be exited from the shelter for safety or continual shelter violations as outlined in the “Exit and Readmission Policies”. Additionally, if a client exceeds 90 days, intensified housing location and exit plan strategies will be implemented.
Consistent with national best practices and trends, the goal for length of stay should be 30 days or less. The Operator maintains a report that accounts for clients with lengths of stay exceeding 180 days and reasons why with accountability to Advisory Committees.
Sleeping Areas
Bed types consist of single beds. Each client is assigned a bed and bedding for the length of their stay. Every client is made aware upon intake that they may need to switch beds as the need requires it.
Transgendered clients may be assigned to beds in whichever dorm is appropriate to the gender with which they identify.
Below is the available bed breakdown at Buena Park Navigation Center:
o TOTAL BEDS: 149
Total Men’s Beds: 90
Total Women’s Beds: 49
Total Couples Beds: 10
There is a men’s dorm, a women’s dorm and a couple’s dorm. No male clients are allowed in the women’s dorm without specific permission and close guidance from staff. The same is true of female clients in the men’s dorm.
Meals
Breakfast, lunch, dinner and snacks are provided for all clients in the central dining area, referred to as “The Commons”.
Meals are cooked off-site by a third party vendor and brought on-site and served. Clients in need of specialty diets can make requests for these diets at intake or through a request for accommodation process. The Shelter Operator coordinates with a licensed food vendor to provide meals from within the kitchen.
Hygiene Facilities
Hygiene facilities are provided on-site including toilets, showers and laundry facilities. Clients are encouraged to utilize these facilities as daily resources to them. Toiletries are provided by the Shelter Operator to clients as needed, and there is one All- Gender restroom available for those who need.
Clients of the program are required to shower and turn in their laundry for cleaning on a regular basis, as outlined in the Health and Safety Policies.
Transportation
Non-referred persons (“walk-ups”) are prohibited from receiving shelter access. New and returning clients receive direct transportation to and from the shelter daily, and those with street-legal personal motor vehicles are permitted to use their vehicles and park them on site if parking is available or off-site in a public lot at the owner’s own risk. Dates and times for daily pick-ups are outlined in the “Transportation Policies.” Buena Park Navigation Center will use designated locations that provide ample geographic range for those seeking shelter services in the city of Buena Park and serves to minimize community impact and safety considerations. Each chosen location has been selected in coordination with service providers, public safety, and City input. The Operator does not drop-off/pick-up other than at agreed upon locations, unless for medical emergencies, or with specific permission and guidance from management and community partners for special events/occasions.
Security
The Shelter Operator follows policies and procedures that promote utmost safety for clients, staff, volunteers, and the community and strives to provide an atmosphere that promotes community, stays alert for signs of conflict, and confronts behaviors before they escalate. The security plan includes a multi- faceted approach involving screening for sex offenders, convicted arsonists, and individuals with open felony warrants, secured and separate entrances and exits, security searches, confiscation of harmful contraband, trained security personnel providing around-the-clock indoor and outdoor coverage, security and smoke alarms, cameras and lighting. Other program elements which support security efforts include no walk ups and no loitering policies.
Storage
All clients have access to indoor and rolling personal storage space. Each client is assigned a personal storage bin for personal valuables and is permitted to keep a limited amount of personal effects at their bedside in provided lockable storage containers. One rolling outdoor storage bin is also available to each client. Additionally, clients may store temperature-sensitive medication in a locked refrigerator accessible only by program staff.
Housing Navigation Services
Upon entering the shelter, each client is assigned a Housing Navigator. The primary function of the Housing Navigator is to work side-by-side with the client to create a pathway toward permanent housing opportunities, with the ultimate goal of ending their homelessness within a 30-day timeframe.
Additionally, the Housing Navigator provides resources and support to the client during their stay, including encouraging them to access any and all services provided on-site. The Housing Navigator ensures that all clients are entered into the Coordinated Entry System, as the first line of housing engagement.
Together, each Housing Navigator and client completes a personalized Housing Plan which will guide their efforts toward securing permanent housing opportunities. Meeting with the client at least weekly, the Housing Navigator documents their progress towards the actions outlined in the Housing Plan.
Daytime Program Activities
As a 24-hour Year-Round Emergency Shelter Program, the Shelter Operator encourages all clients to stay on-site during the day and to take advantage of the on-site services provided to them during the daytime. Daytime program activities include but are not limited to, the following:
● Full access to any and all on-site service providers; ● Life skills classes and workshops;
● Indoor and outdoor recreational activities (ex: exercise classes; ping pong, library time, space permitting)
3. Services Provided
Buena Park Navigation Center incorporates a combination of basic needs services as well as supportive services aimed at creating pathways into housing.
The following services are provided:
1. Intake/Assessment/Housing Navigation
2. Crisis Evaluation/Mental Health Evaluation Services
3. On-site Centralized Intake
4. Domestic Violence Referrals
5. Shelter Beds
6. Health Clinic
7. Transportation Services and Assistance
8. Computers and Email access
9. Security
10. Meals and Food
11. Homeless Prevention and Diversion Assistance
12. Crisis Evaluation Referrals
13. 211 referrals
14. Employment and Job Placement Resources
15. Substance Abuse Treatment Referrals
16. Mental Health Treatment (on or off site)
17. Laundry
18. Client Storage
19. Respite facilities (a quiet space for clients to rest away from the noise of shelter life)
20. Recreational Activities
21. Dog Walk Area and Pet Services
22. Clothing Donation and Distribution
23. Electronic Charging Stations
4. Coordinated Entry System Integration
Buena Park Navigation Center serves as a designated “Entry Point” of the Coordinated Entry System. The Shelter Operator’s staffing plan includes designated staff to conduct Diversion screening and prevent those with other resources from entering the homeless shelter system. Housing Navigators assist Buena Park Navigation Center clients obtain the vital documents necessary to move forward in their housing connection process, once matched to permanent housing opportunities by the Coordinated Entry Module.
5. Target Goals/Expected Outcomes
The target goals and expectations set forth by the U.S. Department of Housing and Urban Development’s HEARTH Act.
Buena Park Navigation Center is not regarded as a singular program, as it provides support to Orange County’s Northern SPA helping to move the system towards higher a level of system performance, a reduction in the number of persons who experience homelessness in our community and an increase in access to housing opportunities for chronically homeless individuals utilizing Year Round Emergency Shelter Program services.
Indicators for measuring effective system performance include the following key considerations:
a. Reduction in First Time Homeless -
Are fewer people experiencing homelessness for the first-time? Are only persons who have no safe, appropriate housing option being admitted to shelter?
100% of guests served at the Buena Park Navigation Center will be literally homeless.
b. Overall Reduction in Number of Persons Who Experience Homelessness - Are overall rates of homelessness declining? Is street homelessness declining? Is chronic homelessness declining?
30% of clients who exit the Buena Park Navigation Center to known destinations will exit into permanent housing.
c. Reduction in the Length of Time Homeless
Do people stay homeless for shorter periods of time? A reasonably short length of time homeless indicates system and program success in rapidly re-housing persons who are homeless. It can also indicate efficiency related to turnover of beds which is essential to meet system demand for Year Round Emergency Shelter Program.
Length of stay at the Buena Park Navigation Center will target national averages for shelter length of stay.
d. Successful Resolution of Housing/Homeless Crisis
Do people resolve their housing/homeless crisis successfully by maintaining/obtaining permanent housing? Are people successfully connected to community-based supports?
Over 90% of clients enrolled at the Buena Park Navigation Center will create a housing plan with their navigator and will enroll in the Coordinated Entry System.
e. Reduction in Recidivism (subsequent return to homelessness) Are repeat occurrences of homelessness avoided or declining?
75% of Buena Park Navigation Center clients who exit to permanent housing will not return to the homeless management system in the next year.
6. Program Layout
Buena Park Navigation Center is located at 6490 Caballero Blvd. in Buena Park, CA 90620. The program’s current space layout is as follows (rough estimates):
TOTAL SQUARE FOOTAGE OF BUILDING: 15,360 ft2
• Total Dormitory: 7,252 ft2
o Men’s Dorm: 4512 ft2
o Women’s Dorm: 2240 ft2
o Couple’s Dorm: 500 ft2
• Dining/Commons Area:1792 ft2
• Site Administration and Operations Offices: 528 ft2
• Intake and Service Desk: 1024 ft2
• Restroom and Shower Areas: 886 ft2
o Men’s: 720 ft2
o Woman’s: 600 ft2
o All Gender: 128
o Staff Restrooms: 128 ft2
• Laundry Facilities: 225 ft2
• Kitchen: 528 ft2
In addition, Buena Park Navigation Center also features the following:
Outdoor Facilities/Areas
o Outdoor Common Area
o Bike Rack Area
o Dog Run
B. PROGRAM DESCRIPTION
1. Client Program Expectations
Prospective clients must be able to perform all aspects of their care and ADLs (Activities of Daily Living, including but not limited to: feeding, showering, toileting, transferring, dressing), follow all Buena Park Navigation Center program expectations, and maintain appropriate behavior with consideration for all other clients of the shelter. All clients must review, initial and sign a copy of the "Expectations" document prior to enrollment (Attachments B and C). At intake, staff assists any and all clients who may have difficulty understanding or reviewing these expectations, and they are available to client at any time.
2. Identification Requirements
A form of official identification is required to verify identity; however, clients are not denied access to shelter services without one. In the event they do not have official identification, Housing Navigators assist clients in obtaining California ID, and can provide each client with a no-cost ID voucher.
Additionally, all clients receive a shelter-specific identification card upon entering the shelter that will be used for readmission during the duration of their stay. Shelter ID components include a photograph, intake date, date of birth, name and other identifying information.
3. Screening Requirements
No person validated on the sex offender registry (Megan’s Law) will be allowed to access the shelter property (screening will take place prior to the arrival at the facility as part of the bed reservation system). Additionally, no person with an open felony warrant or convicted of arson will be allowed to access the shelter property. The Shelter Operator works cooperatively with the local police department and utilizes the Orange County Sheriff’s Department’s public “Warrant Check” database to screen clients for any open warrants. Staff also utilizes the National Sex Offender Public Website to screen for sex offenses across the country.
4. Bed Reservation System
To minimize neighborhood impact, all clients seeking to access Buena Park Navigation Center and services must do so through a designated Intake and Bed Reservation System using Outreach Grid.
New prospective clients may contact one of the North SPA agencies currently authorized as a point of entry into Buena Park Navigation Center. After the referral agency representative discusses the program with the prospective client, the representative must check bed availability on the Bed Reservation System and verify that the client meets the minimum eligibility requirements including the background check. If the Bed Reservation System indicates that an appropriate bed is available for the client and a reservation is made for the client in Outreach Grid, the representative from the referring agency may transport the client to the Buena Park Navigation Center during the timeframe indicated in the reservation system to complete the intake process. Clients will be screened for diversion and/or homeless prevention services, utilizing the Coordinated Entry System’s Diversion and Homeless Prevention Questionnaire. If they have an alternate, habitable location where they may stay, they will be diverted from occupying a shelter bed until their resources have been exhausted.
Clients meeting eligibility requirements and background check clearance are assigned a bed reservation number (pending bed availability) and given instructions on transportation options and designated arrival time.
In the event a client who has already enrolled with Buena Park Navigation Center has exited/been exited and is seeking reenrollment, they will be directed to contact the Call Center personally, so program staff may determine eligibility status.
Returning clients are not required to reenroll through a referral partner, though they may take that route if desired.
The Shelter Operator provides on-site staff to track daily bed inventory and communicate daily bed vacancies with service providers through Outreach Grid. Additionally, 15 beds (10%) are designated to prioritize referrals from local police and/or for emergency or other qualified special situations.
All new clients are screened using the Outreach Grid system which manages bed reservations and availability.
Beds are assigned based on availability and eligibility results. New clients are instructed to arrive at the designated shuttle pick up location or at the shelter through coordinated transportation, by 9:00 PM each night. Those who do not arrive before 9:00 PM without communicating previous arrangements will forfeit their bed for the night.
A security guard or safety coordinator is assigned to each evening shuttle, and the shuttle driver is provided a nightly manifest which includes all clients who are expected at pickup, including all new clients that are expected. The shuttle will transport clients directly to Buena Park Navigation Center.
Clients are strictly prohibited from loitering in the neighborhood surrounding Buena Park Navigation Center or causing any disruption at any of the shuttle pick up locations at any time. This is part of the Operator’s Good Neighbor Policy, which is strictly enforced. Failure to meet these expectations or severe violations of any other program policies could result in termination of the client’s enrollment. The operator conducts regular checks of a ½ mile radius in the form of outreach to enforce shelter expectations and avoid loitering and homeless congregations.
Upon arrival, clients must complete a security screening process and work with an Intake Coordinator to be informed of the program expectations of Buena Park Navigation Center, and complete necessary intake paperwork. As part of the Health and Safety guidelines, new clients must also shower on their first night in the shelter, and submit all clothing or additional bedding to be washed.
5. New Clients
All new clients are screened using the Outreach Grid system which manages bed reservations and availability.
Beds are assigned based on availability and eligibility results. New clients are instructed to arrive at the designated shuttle pick up location or at the shelter through coordinated transportation, by 9:00 PM each night. Those who do not arrive before 9:00 PM without communicating previous arrangements will forfeit their bed for the night.
A security guard or safety coordinator is assigned to each evening shuttle, and the shuttle driver is provided a nightly manifest which includes all clients who are expected at pickup, including all new clients that are expected. The shuttle will transport clients directly to Buena Park Navigation Center.
Clients are strictly prohibited from loitering in the neighborhood surrounding Buena Park Navigation Center or causing any disruption at any of the shuttle pick up locations at any time. This is part of the Operator’s Good Neighbor Policy, which is strictly enforced. Failure to meet these expectations or severe violations of any other program policies could result in termination of the client’s enrollment. The operator conducts regular checks of a ½ mile radius in the form of outreach to enforce shelter expectations and avoid loitering and homeless congregations.
Upon arrival, clients must complete a security screening process and work with an Intake Coordinator to be informed of the program expectations of Buena Park Navigation Center, and complete necessary intake paperwork. As part of the Health and Safety guidelines, new clients must also shower on their first night in the shelter, and submit all clothing or additional bedding to be washed.
6. Day Leave and Returning Clients
At least two morning shuttles are available to clients who have a desire to leave the facility during the day for employment or personal appointments. At least two evening shuttles are also available to pick up any clients who have left and are returning for the night. Clients are allowed one leave, and one entry per day. All clients must return to Buena Park Navigation Center before a 9:00 PM curfew unless authorized by management for late entry based on school, employment, etc. Requests to arrange late arrival can be made by completing a request for consideration form and are approved by the program manager.
Clients who leave the program during the day must sign out with staff on a form which logs their destination, and the time they are requesting to be picked up. This information is gathered and collated into a nightly “manifest” which is used by the shuttle drivers to guide their evening routes.
Clients arriving later than 9:00 PM for special unexpected circumstances (such as or discharge from the hospital) must communicate their anticipated arrival time with their Housing Navigator or Site Leader and receive approval for a late entry to be excused. Failure to communicate this could result in an Action Plan which could potentially result in termination, as subject to the “Readmission Policy” protocols.
Clients who are unable to meet the two evening shuttles must arrange alternate transportation to the shelter site, no later pickups will be provided and walk ups will be allowed.
7. Hours of Operation
Buena Park Navigation Center is open 24 hours, 365 days per year. These hours of operation will be in effect seven days per week, every week regardless of holidays or weather. Service Providers may schedule on-site services to occur at almost any time, and the service schedule is different each day. Below is a Programing Schedule that is in effect on most days for general shelter activities:
5:00 AM – 8:00 AM Breakfast served
6:00 AM – 10:AM First and second wave of morning shuttle drop-offs 10:00 AM – 12:00 PM Dorms are closed (Monday-Friday)
11:00 AM – 1:00 PM Lunch served
3:00 PM – 4:00 PM Snack served
4:00 PM First wave of evening shuttle pick-ups
6:00 PM – 9:00 PM Dinner served
7:00 PM Second (final) wave of evening shuttle pick-ups 9:00 PM Curfew
10:00 PM Lights Out in Sleeping Area
C. Overflow Management
1. Coordinated Service Delivery Plan
There are times that the need for shelter beds outweighs the capacity of the 149 bed Buena Park Navigation Center Program, Therefore, a Coordinated Service Delivery Plan is implemented as needed, which includes coordination of the following diversion and redirection strategies:
a. Homeless Diversion
The Shelter Operator includes homeless diversion screening at the point of intake to ensure that those with alternative resources will not be accessing the homeless system. If clients identify at intake that they have a viable housing alternative to the shelter, The Operator can provide resources to connect the client to that alternative.
The Shelter Operator utilizes all available resources to offer successful diversion assistance and, if they cannot provide the assistance themselves, call on other agencies within the Continuum of Care.
b. Coordination with Family Shelter Programs
As a frontline strategy, the Shelter Operator works with family shelters and other agencies to redirect any families who may arrive seeking shelter at Buena Park Navigation Center.
c. Coordination and Transitional and Bridge Housing providers The Shelter Operator works with other service providers to utilize Transitional and/or Bridge Housing vacancies when available. This form of housing can be utilized by returning clients who have been matched with a housing opportunity and will soon move into permanent housing. This strategy will increase the Program’s bed turnover rate as clients are successfully matched to alternate housing opportunities.
d. Coordination with other Year Round Emergency Shelter Program providers As more year round shelters come online, the Shelter Operator will partner with other providers and programs to redirect overflow to any additional shelter beds that may be available in the county.
2. Overflow Policies
The Bed Reservation System is designed to prevent and minimize overflow and capacity issues for the shelter. A daily bed utilization count ensures that the 149-bed capacity will be fulfilled each evening, as need for beds persist.
In the event of a community-wide natural disaster or in extreme weather situations deemed so by state, county, or city authority, the shelter will maintain its “no walk-up” policy. However, the following option could be utilized by the Operator:
Utilize alternative locations (churches) for additional beds that may accommodate homeless without a bed reservation during inclement weather or disaster. (Note that this option has budget implications/funding considerations for local government agencies.)
D. Exit and Re-Admission
1. Exit and Readmission Policies
Clients are considered to have exited the program when they voluntarily leave or are exited from the shelter for safety or continual shelter violations, or find alternate housing.
Mercy House’s exit policy complies to Orange County’s Shelter Standard of Care. When a client exits of their own volition or is exited for shelter violations, the client may contact the Call Center to screen for readmission eligibility after the time designated by staff (on average after 30 days). Clients who self exit are eligible for return provided a bed is available. Each client’s actual length of exit will depend on the severity of the infraction or safety violations. The Shelter Operator is balanced in their approach to program exits and readmission policies as it pertains to violations of the program expectations.
The expectations include considerations for maintaining a safe and effective facility, safety for clients, volunteers, staff and the surrounding neighborhood. As written, they demonstrate compassion toward both homeless individuals who face increasingly vulnerable situations if forced to exit from a shelter situation to places not suitable for human habitation, as well as the community in which the program operates.
Violations of these expectations are documented and tallied by use of a notice called an Action Plan. The intent of the action plan is to discuss with the violation with the guest to ensure they fully understand the expectation and why their behavior was a violation. Additionally, the guest has the opportunity to create a plan to avoid further violations. For most infractions of the program expectations, staff utilizes verbal warnings and Action Plans. After five (or three of the same) Action Plans a guest may be asked to leave.
Severe infractions include open alcohol or use of drugs on a shuttle, violent attacks/fights, possession of weapons, etc. The Shelter Operator maintains a zero tolerance policy towards violence, sexual misconduct, other criminal activity, and drugs and medications used or possessed beyond the scope permitted in the program’s Health Polices. These behaviors, when substantiated, may be grounds for immediate enrollment termination upon a first offense and a minimum of 30 days out-of- program prior to readmission eligibility.
Clients who use the facility, programs, and services in violation of a specific rule are obliged to adhere to those consequences. Depending on the circumstances, the consequences of these actions may also be subject to intervention by law enforcement, and if necessary, prosecution up to the limit of the law. To whatever extent is possible, when a client exits the program, Mercy House will work with them to create an exit plan which can include referrals to other services that they are eligible for, potentially including other shelters in the North SPA.
2. Exit Procedures
When a client is asked to exit due to repeated violations of the program expectations, violence, or criminal activity, security escorts the person out of the building and staff provides transportation to one of the approved drop-off locations out of the surrounding area. In the event that an exited person refuses transportation off-site, they are advised once again of the Good Neighbor Policy and reminded that any incidents in the surrounding area may affect their ability to reenroll. Staff and security closely monitor any clients who leave by foot or bicycle until they are out of the immediate surrounding area.
E. Housing Navigation Services Policy
Upon entering the shelter, each client is assigned a Housing Navigator. The primary function of the Housing Navigator is to work side-by-side with the client to create a pathway toward permanent housing opportunities, with the ultimate goal of ending their homelessness within a 30-day timeframe. Additionally, the Housing Navigator provides resources and support to the client during their stay, including encouraging them to access any and all services provided on-site.
The Housing Navigator ensures that all clients who agree and do not have other housing opportunities are entered into the Coordinated Entry System for a potential housing intervention opportunity.
Together, each Housing Navigator works with the client to complete a personalized Housing Plan which will guide their efforts toward securing permanent housing opportunities. Meeting with the client weekly the Housing Navigator documents their progress towards the actions outlined in the Housing Plan.
Housing Navigators assist clients obtain the necessary documentation to move forward in their housing connection process, once matched to permanent housing opportunities by Coordinated Entry.
Additionally, Housing Navigators will work with clients to provide referrals to on-site services as well as any community referrals that may be helpful necessary.
1. Documentation of Housing Navigation Services and Data Security Policies
The Housing Navigators keep case notes in both hard copy paper files and in the HMIS database to track every client’s progress and participation in Buena Park Navigation Center. These files are also used to track the resources and referrals given, support rendered, and any Action Plans the client may accrue. Outcomes are recorded at exit and throughout participation in the program.
Paper files are stored in a secure locked location, only accessible by necessary staff.
The Shelter Operator uses HMIS as its primary database and ensures that every client completes and signs an OC HMIS Client Consent Form upon entry into the program. Any client who refuses consent is entered into HMIS with a simple identifier
only. A Data Specialist works with the Housing Navigators to ensure optimum collection of all HUD Data standards as required by the HMIS system.
The Shelter Operator has a policy restricting computer access records and client information to authorized staff. All staff computers, database and HMIS access requires passwords by authorized users.
Disclosure of client information to other social service agencies may be permitted only with the client’s written consent, in the form of a Release/Authorization of Information. Disclosure of records relating to clients may be released without client consent in certain circumstances as required by law.
F. Daytime Program Policies
Clients enrolled at Buena Park Navigation Center may, but are not required to, leave the facility during the day. However, the Shelter Operator encourages all clients to stay on-site during the day and to take advantage of the on-site services and amenities provided to them during the daytime. Access to the dorms is limited during the day to encourage clients to become active participants of these activities, and to allow staff/security to clean and secure the dorms without client traffic.
At least two morning shuttles are available to clients who have a desire to leave the facility during the day for employment or personal appointments. At least two evening shuttles are also available to pick up any clients who have left and are returning for the night. Clients are allowed one leave, and one entry per day, unless allowed otherwise by the Management or Navigation Team.
If not utilizing the shuttle services, clients are encouraged to stay at the facility. Clients have access to any daytime services offered through the Buena Park Navigation Center partner organizations and are also able to meet with their assigned Housing Navigator on a weekly basis. They also have access to activities provided by shelter staff and volunteer organizations. Clients are welcome to enjoy the Commons Hall, Computer Lab, and designated outdoor spaces.
G. Multi-Service Center Program Policies
1. Outside Multi-Service Center Clients
Because the design of the Multi-Service Center is fully integrated with the general shelter, access is limited to the current clients of Buena Park Navigation Center.
2. Lead Agency Protocols
The role of the Shelter Operator is not to provide all of the supportive services offered at the Multi- Service Center but to recruit and manage a group of partner agencies specialized in providing an array of supportive services beneficial to clients of Buena Park Navigation Center.
The Shelter Operator ensures that the Multi-Service Center has flexible hours to allow clients to come before or after work, or alternatively, on the weekends if possible. The Shelter Operator also engages participation in and facilitates quarterly meetings of the Service Partner Advisory Board.
3. Requirements for Service Provider Partners
All service providers who desire to offer direct services at Buena Park Navigation Center must complete a formal Memorandum of Understanding (MOU) with the Shelter Operator before they can be added to the service calendar.
Responsibilities of the Service Provider Partners include, but are not limited to:
• Set and maintain their own appointment schedule with clients; • Provide clients with access to transportation to fulfill their scheduled appointments, if needed; • Ensure that all clients are aware of Multi-Service Center rules and enact appropriate enforcement of client shelter rules for their clients if and when necessary;
• Agree to share service output and outcome information • Communicate room reservation conflicts with Program staff in advance; • Respect, maintain and keep clean all areas of the Multi-Service Center; • Respect and cooperate with Shelter Operator staff, other service providers and clients; • Participate in quarterly Service Partner Advisory Board meetings and provide input to the improvement of Buena Park Navigation Center.
• Screen clients for eligibility (no sex offenses or felonies with open warrants will be allowed on- site).
H. Good Neighbor Policy – Community Coordination and Communications
1. Communications and Coordination with Neighborhood, Business and Public
The Shelter Operator is committed to communication with neighbors on an ongoing basis. As part of this commitment, the Shelter Operator has helped facilitate a number of Community Forums, prior to opening, and can facilitate additional forums if needed. These Community Forums have provided opportunities to answer any questions members of the surrounding community might have on the operation of Buena Park Navigation Center.
A public inquiry phone number and contact information will be posted. Community stakeholders may call this number for information about the site or to have any questions answered. The phone number exists as a resource for community members and will remain connected as long as the Program is open and operational. Any community complaints and/or inquiries about Buena Park Navigation Center are recorded and forwarded to the appropriate staff for prompt (60 minutes) investigation. The Shelter Operator is fully committed to an appropriate customer service response and considers the resolution of community complaints a high priority.
The Shelter Operator also maintains a website which includes important information for community stakeholders and clients alike. The website includes a “Frequently Asked Questions” section which helps to provide instant answers to community concerns. Additionally, the website includes a digital copy of the Shelter Operator’s full “Good Neighbor Policy” and “Management and Operational Plan” to be made accessible to the public.
Limited tours of the facility may be available on specific days by scheduling an appointment with the Operator and City.
The Shelter Operator has program brochures available on-site and is able to disseminate these resources to groups throughout the community. Information on the brochures highlights the various services at the facility as well as criteria for admission and eligibility. Volunteer, in-kind and donation opportunities are also listed for those who wish to support the program.
The Shelter Operator follows a specific set of media guidelines and has an appointed Public Relations team to handle all media requests. The Public Relations team is charged with ensuring that the public is regularly updated on the progress and successes of the shelter program through various local media outlets.
2. Communication and Coordination with Local Police and Fire Departments
The Shelter Operator is committed to communicating and working collaboratively with local police and fire departments through all stages of program implementation - from facility design to program execution. The intention of the Shelter Operator is to act as self-sufficiently as possible and minimize the shelter’s impact on the local police and fire departments.
This includes ensuring that staff and security are trained to properly manage and respond to an extensive array of difficult situations that may occur at shelter.
The Shelter Operator and site provides an array of services and support that are beneficial to local police and fire departments. These services include, but will not be limited, to:
● Staff and Security Officers stationed on-site 24 hours (and on-board the shuttle in evening hours); ● Designated beds reserved each night for law enforcement referrals (including percentage set- aside for the host city); ● An Outreach Team will monitor surrounding area to control issues of loitering, abandoned property, and other blight; ● Training opportunities on mental illness, homeless sensitivity or other topics of interest to supplement existing department trainings;
● Direct referral access to the Coordinated Entry system to assist local law enforcement officers connect homeless individuals with housing opportunities;
● Statistical reports on number of clients served, length of stay and/or demographic information.
3. Communications and Coordination with City, County, and Service Providers
Operation of Buena Park Navigation Center is for the public good and to move the homeless Continuum of Care system, as a whole, forward. As such, successful implementation of Buena Park Navigation Center requires the partnership of various stakeholders including the City, County and other Service Providers.
The Shelter Operator is committed to working cooperatively with numerous other service providers, community, and government organizations to serve the needs of the homeless population.
In order to effectively manage and operate a robust Multi-Service Center that provides an array of services for the shelter clients, the Shelter Operator demonstrates collaboration and willingness to engage other service providers.
Additionally, the Shelter Provider is responsive to and provides support to the City Manager or designee, in relation to the outcomes and operation of the program.
4. Policies for Community Involvement
The Shelter Operator is committed to active participation in city and county-wide community events. To the extent reasonable and feasible, representatives of the Shelter Operator attend meetings of the local Neighborhood Associations and local Chamber of Commerce when invited and communicates with neighborhood and business participants as needed.
5. Policies for Neighborhood Outreach Patrol
A staff-led Neighborhood Outreach Patrol assembles several times a week to monitor a 1/2-mile radius around the shelter perimeter. The role of this Outreach is to monitor, promote cleanliness, engage with neighbors, and enhance safety and community in the immediate vicinity.
Additionally, this Patrol provides intervention for issues of loitering, unauthorized parking of client vehicles in the neighborhood, abandoned property, shopping carts and other blight. A log is kept of the weekly Outreach patrols. The following actions are completed by the Neighborhood Outreach Patrol:
● All litter and trash items related to the Program are removed from the area and properly disposed; ● Any currently enrolled Clients found loitering in the area are issued a warning. Violations of this rule may cause a client to be exited from the facility;
● Unauthorized parking of client vehicles in the neighborhood are subject to towing; ● Shelter Operator will contact city-designated shopping cart retrieval program to collect all shopping carts found that do not contain items of personal property;
● Shelter Operator utilizes city-designated maintenance apps on mobile devices for removing personal property foundin surrounding area and tracks calls made for services; ● Shelter Operator conducts outreach and engagement activities to non-enrolled homeless individuals in surrounding community.
I. Navigation Advisory Commission
The Navigation Advisory Commission is established and maintained to provide review of the operations of Buena Park Navigation Center, enhance community relations, and bring information of any strengths and concerns from the neighborhood, local businesses, city and county entities, service provider partners and shelter clients about the operation of Buena Park Navigation Center.
1. Composition of Commission
The Navigation Advisory Commission represents different stakeholders and interests with the composition approved by the Buena Park City Council.
2. Meeting Schedule
The Navigation Advisory Commission will meet as needed (at minimum twice annually) as determined and approved by the Buena Park City Council.
Additional meetings can be held as needed as a way for any member to agenized issues or to be able to request a special meeting.
3. Accountability and Grievance Process and Policies
In addition to providing input to the operation of Buena Park Navigation Center, the Navigation Advisory Committee is also tasked with the on-going review of the Shelter Providers ability to effectively administer its Operational Plan and Good Neighbor Policies. In the event that a Navigation Advisory Commission member finds concerns over the Shelter Operator’s implementation of the program, the following processes and policies will be enacted to allow the Shelter Operator to make corrective actions toward such grievances:
1) Once a grievance has been filed, Shelter Operator and Navigation Advisory Commission will create, at the meeting in which the grievance is filed, an action-plan to resolve the issues by the next regularly scheduled commission meeting;
2) At the next meeting, the action plan’s outcomes will be reviewed to determine if the issue has been resolved; 3) If the issue has not been resolved, but the Shelter Operator has provided evidence of a good faith effort to follow the course of actions outlined on the plan, they will be given an additional 90-days to enact an alternative plan; 4) If the issue has not been resolved and the Shelter Operator has not demonstrated or provided evidence of following the course of actions outlined in the plan, a formal complaint will be sent to the City for investigation and possible termination of the Shelter Operator Contract. The City shall have a plan for operation of the shelter if the shelter operator is terminated by the City, including failure to enforce plan components such as Good Neighbor Policy, bed reservation requirements, no walk-up policy, etc. The plan may include selecting the next eligible operator from the original operator RFP and/or entering into a sole source with a new operator, based on approval of the City Council.
Additionally, law enforcement has the ability to bring forward operator non-performance directly to the City
4. Reports to the Commission
The Operator will provide quarterly statistical report to the committee at meetings to include data on shelter program outcomes: unduplicated clients served, number of entries and exits and the nature of exits, as well as length of stay information.
J. Safety Policies
1. Facility Maintenance
The Shelter Operator keeps a schedule for regular facility maintenance and cleaning. The Program contracts with a janitorial service to provide daily cleaning services for all areas utilized by clients and weekly for office space and the Multi-Service Center areas. In addition, Program Staff also personally maintains a round-the-clock cleaning schedule which addresses each area of the facility.
Shelter Staff attends to regular minor maintenance duties and repairs. Major repairs are reported to the Program Manager and depending on the work needed may be sent out to an approved list of vendors for bids, approval, and completion.
Maintenance and cleaning forms are used to track completion of each task and submitted to management on a daily basis.
The Shelter Operator is responsible for staff training and performance in these duties.
The outside grounds are incorporated into the maintenance schedule and rotation including cleaning of parking lot, watering of plants, maintenance and cleaning of sidewalks and patio areas, and checking of outside lights and furnishings. Graffiti is reported to Program Manager for removal within 24 hours.
The Shelter Operator is committed to maintaining a pest free environment throughout the premises. As such, no open food or drink is allowed in the dorms and sleeping areas, with the exception of water. Trash bags are emptied throughout the day in all areas as they become full. Inspection of client spaces and lockers are conducted for any items that would attract pests.
All staff receives appropriate training for the identification of common pests as well as prevention and control measures. A Pest Control company is contracted by the Shelter Operator and comes regularly to spray for bugs, check for infestation of pests, and performs other pest prevention or extermination treatments that might be seen on their visits or reported by staff.
2. Fire and Earthquake Safety
Evacuation Plan for Ambulatory and Non-Ambulatory Residents
All shelter staff are trained in protecting the safety of everyone in the facility. Staff respond quickly and safely when an emergency, incident, or natural disaster occurs. Evacuation Routes and Exits are posted in each major area of facility. An evacuation point outside has been designated to the rear of the building, near the storage shed on the north-east corner of the property.
In the event of an emergency, the present site lead during the emergency will notify all staff and clients to evacuate, call 911, and direct the evacuation itself. Staff will be assigned to oversee the evacuation of clients in each work area. Staff will check client areas, assign assistance to non-ambulatory and disabled persons, and lead clients to safety through the nearest safe evacuation exit. Staff will assemble clients outside at designated evacuation point, read bed list for attendance and search for any missing clients as safety conditions allow.
In case of fire these additional protocols will be completed:
● The Program Manager or lead staff member will pull the nearest fire alarm if it is not already sounding; the Fire Department monitors the alarm and will respond immediately.
● While evacuating clients, staff will attempt to close all door(s), if safe to do so.
● Before exiting a room, the Program Manager or lead staff member will touch back of hand to the door to determine if the door is cool, then open it a crack, smell for smoke, and if deemed safe, open the door and leave the building to the evacuation meeting point.
● If the door is hot, it will not be opened and staff will lead clients to leave via the nearest safe exit.
● Staff will locate and use appropriate fire extinguishers if safe to do so.
● When the Fire Department arrives, a staff person will speak to the officer in charge and give the officer a set of site keys.
● Staff will contact the Program Manager or their proxy as soon as possible, if not onsite.
● Staff will report incident and procedure in Incident Report and staff shift notes as directed in shelter policy.
If the weather is inclement and if the evacuation will not be short, staff will:
● Contact the Program Manager to identify evacuation locations and disaster team if assistance is needed for client shelter, meals or services.
● Contact other Homeless Providers for services as needed.
For a false alarm or other short-term evacuation, staff will direct occupants back into the building once the Fire Department has authorized an “all-clear” call.
3. Fire Prevention Procedures
Buena Park Navigation Center was approved by the Fire Department for all fire codes, sprinklers, alarms, and exits prior to service implementation. Emergency lighting has been installed both inside the facility and outside on the grounds for safety and in compliance with all codes.
No smoking is allowed inside or outside the building within 20 feet of doors. A smoking section is designated and a sign is posted in the enclosed patio area.
4. Fire Drills and Documentation
Fire drills are conducted at least quarterly. Documentation of fire drills are kept for three years in Shelter Management Files.
5. Fire Inspections and Extinguishers
The most recent annual fire inspection is posted in a designated area of Buena Park Navigation Center facility and is included in the Shelter Management files. Fire extinguishers are hung in each area of the building as shown in facility plans and in evacuation plan. Fire extinguishers are inspected and maintained per city and county requirements. A certificate of the last most recent fire inspection is posted in a visible designated area.
6. Earthquake Safety
Earthquake drills are conducted quarterly by staff. The evacuation route and procedures are the same as for other hazards. A client tally and search will be conducted once the evacuation is conducted.
In case of an actual earthquake that causes damage to facility or grounds, the Fire Department will be called to inspect the facility as soon as safety permits. Clients will be evacuated from building and transported to other shelter as needed.
K. Security Plan
The Shelter Operator follows policies and procedures that promote the utmost safety for clients, staff, volunteers, and the community and strives to provide an atmosphere that promotes community, stays alert for signs of conflict, and confronts behaviors before they escalate. Acts of violence upon guests, staff, volunteers, or community members will not be tolerated.
1. Eligibility Screening
No person validated on a sex offender registry (ex: Megan’s Law) can access into Buena Park Navigation Center. Additionally, no person with an open felony warrant or convicted of arson will be allowed to access the shelter property. The Shelter Operator works cooperatively with local law enforcement to screen clients for open warrants. In addition, Program Staff utilizes https://www.nsopw.gov/ to screen for status on national sex offender registries.
2. Secured Entrances
All clients are required to enter the shelter in a coordinated, peaceful fashion.
All clients present identification upon entry. Clients without valid California identification cards are given supportive services to secure a valid identification card. Clients also receive a shelter-specific ID to use for admission into the shelter during the duration of their stay.
All clients and their belongings are checked by security personnel, utilizing security wands each time they enter the facility.
Any found prohibited items are seized and illegal contraband is destroyed. Prohibited Items include (but are not limited to):
weapons, explosives, flammable or volatile substances, illegal drugs, controlled substances or drug paraphernalia, bio- hazardous items or environmentally harmful goods. A more extensive list of examples of Prohibited Items is clearly posted before and at the security checkpoint.
Clients sign in upon entrance, and sign out upon exit from the building.
3. On-site Security Personnel
The Shelter Operator provides a sufficient number of trained security guards to ensure the safety of clients and the surrounding neighborhood, 24 hours a day.
Security is on-site at all times, and conducts security rounds as necessary, and at least once each hour.
Security guards are stationed both inside and outside the shelter to ensure maximum coverage.
Security guards are accessible and visible to clients, and survey facility for any potential concerns. Staff and security communicate with each other via portable electronic equipment (ex: 2-way radios).
Security guards are contracted through a third-party vendor. Security guards carry handcuffs and the option of straight- stream gel pepper spray. The vendor ensures that all security staff are regularly trained and updated as needed. Security guards receive Homelessness Sensitivity Training through the Shelter Operator’s resources.
4. Staff Plan
Shift Hours of Shift MON TUE WED THU FRI SAT SUN
AM Logistics 1 & AM
Janitor
5:00 am - 1:00
pm
(9 am - 1 pm
Janitor)
8 8
8 8
8 8
8 AM Logistics 2 7:00 am - 3:00
pm 8 8 8 8 8 8 8
AM Logistics 3 7:00 am -
11:00 am 4 4 4 4 4 4 4
AM Logistics 4 & PM
Janitor
9:00 am - 5:00
pm
(1 pm - 5 pm
Janitor)
8 8
8 8
8 8
8 AM Logistics 5 11:00 am -
3:00 pm 4 4 4 4 4 4 4
PM Logistics 1 3:00 pm - 7:00
pm 4 4 4 4 4 4 4
PM Logistics 2 4:00 pm - 8:00
pm 4 4 4 4 4 4 4
PM Logistics 3 4:00 pm -
11:00 pm 7 7 7 7 7 7 7
PM Logistics 4 7:00 pm -
11:00 pm 4 4 4 4 4 4 4
Overnight 1 11:00 pm -
7:00 am 8 8 8 8 8 8 8
Overnight 2 11:00 pm -
7:00 am 8 8 8 8 8 8 8
Outreach 1 12:00 pm -
4:00 pm 4
4 4
Outreach 2 12:00 pm -
4:00 pm 4
4 4
AM Safety Coord 7:00 am - 3:00
pm 8 8 8 8 8 8 8
PM Safety Coord 1 1:00 pm - 9:00
pm 8 8 8 8 8 8 8
PM Safety Coord 2 3:00 pm -
11:00 pm 8 8 8 8 8 8 8
Driver Supervisor
AM or PM
Driver Times
(Fri/Sat Mandatory,
Others Vary)
8 8
8 8
8 AM Driver 1 5:30 am - 1:30
pm 8 8 8 8 8 8 8
AM Driver 2 5:30 am - 1:30
pm 8 8 8 8 8 8 8
PM Driver 1 1:00 pm - 9:00
pm 8 8 8 8 8 8 8
PM Driver 2 1:00 pm - 9:00
pm 8 8 8 8 8 8 8
5. Security
Time Security Guards
12am - 12pm 2
12pm - 8pm 2
8pm - 12am 2
6. Security Alarms and Cameras
Buena Park Navigation Center is equipped with security cameras both inside and outside, door bells and portable communication device worn by staff. Staff also has access to panic buttons which can silently summon police to the facility during emergency situations.
Site Leads and Security Officers can monitor footage via web-based security servers, on computers at the security desk and administrative office areas. Security footage will be retained digitally for 30 days.
7. Security Lighting
Security lighting is used both inside and outside the facility to highlight the entrances and parking lot. A security officer is available to escort any person to the parking lot or street-side parking after sunset.
8. Loitering Policy
Clients are not allowed to loiter in the surrounding neighborhood. Subsequent violations of this rule result in warnings which may lead to the client’s program enrollment being terminated. The Shelter Operator’s Good Neighbor Policy includes regular outreach and random checks of the surrounding area to prevent and control loitering issues.
9. De-escalating Conflicts
All employees receive training in communication techniques that are known to be helpful or effective in de-escalating confrontations.
10. Entrance and Exit Procedures
To maintain a safe environment in the shelter, all clients enter and exit through one main entrance and security checkpoint.
The entrance is equipped with security cameras inside and outside the facility. Each area of the building is locked when not in use, and the site is “zoned” so that clients only have access to the areas which they need. During sleeping hours clients will have restricted access to other areas of the building. The staff offices are only available by appointment.
All clients must present some kind of ID upon entry, and their person and belongings are searched by security. They sign in upon entrance and sign out upon exit from the building.
All clients enter the property by bus/shuttle or other motor vehicle. Clients are escorted from the designated parking lot area and bus/shuttle drop off area to the shelter entrance. In the event that Multi- Service Center services are opened to the public, those clients would follow the same entrance procedures.
11. Policy regarding storage of client’s possessions
All clients have access to limited personal storage space. Each client is assigned a lockable storage bin and lock to go under the bed for personal valuables.
Clients are also assigned rolling storage bins. Upon being assigned the rolling bin, clients must sign a Storage Bin Agreement form which states that staff is not responsible for any items that are lost, stolen, or damaged.
A client may store personal effects in their assigned bin to the capacity with which it can still correctly close and be safely rolled to and from the bin storage area. Bins may be accessed, with staff supervision and only during assigned hours during the day. Indoor lockers may be accessed at any time during the day other than “light out”.
All items are stored for the length of the client’s stay at the shelter. The right to store items on-site may be revoked based on violation of rules and at the management’s discretion. Once a client has exited the shelter program, any personal effects may be stored for up to 7 days if needed; after which, the property will be disposed of. Clients who have exited from the shelter program must contact staff to set an appointment to collect their personal belongings within the 7 days.
In the event the client cannot come to retrieve their own property, they may name a proxy of their choosing to pick up their effects by filling out an Authorization for Release of Personal Property form. The client will be responsible for asking their designated contact person to retrieve property, if needed. A limited extension to the length property is held may be granted under exigent circumstances, and only by close coordination with management.
No Prohibited Items may be stored inside the shelter. Limited Prohibited Items may be stored in outdoor bins (see Prohibited Items List for examples).
12. Policy Pertaining to Searching of Clients’ Property by Staff
The Shelter staff has the right to inspect all storage areas, including rolling bins and lockers, to ensure compliance with contraband policies.
If Prohibited Items are seen being transferred to a client’s personal rolling bin or locker, or if there is other reasonable suspicion that there are Prohibited Items in a client’s belongings, that storage and belongings may be searched for safety purposes, with or without the client present. Clients are required to use locks provided by the program for this reason. If a client wishes to use their own lock, they must supply management with a copy of their key or the combination. Any unauthorized locks may be cut if needed. When inspecting a client’s belongings without them present, two staff persons are responsible for the search. An authorization form is signed by the client at time of intake. When items are found in the client’s possession that are not illegal paraphernalia, but are also not suitable for storage, clients can choose to have the staff dispose of the item or they may store property off site premises at their own cost. Clients are not allowed to store items in the surrounding neighborhood.
Staff reserves the right to designate a period of time when a client will be ineligible for re-entry to facility, if contraband is found. Length of ineligible time will be documented according to the “Exit and Readmission Policies”.
13. Policy on Possession of Weapons On-Site
No weapons or items which the staff identifies as being dangerous or obviously capable of harm may be brought into the shelter. Any belongings that a client brings into the building must come through the dedicated security checkpoint so that security can search and inspect them for weapons or items described above. Anyone found attempting to bring these kinds of items past security will be asked to immediately leave the premises and neighborhood of the facility. Sharp objects such as tools, knives or scissors may be stored in outdoor bins, but not taken into shelter living areas. Heavy or blunt hand objects like hammers, bats, or crowbars are also not be allowed into the facility for the same reason.
Transportation off property will be offered to clients in this situation if safety allows.
14. Procedure for Contacting Police
The intention of the Shelter Operator is to act as self-sufficiently as possible and minimize the shelter’s impact on the local police department. This includes ensuring that staff and security are trained to properly manage and respond to an array of difficult situations that may occur at shelter.
In establishing a procedure for contacting police, the Shelter Operator works cooperatively with the local police department to establish shelter policies and procedures on how and when to contact police for conflict resolution, trespassing, theft, unruly behaviors, loitering around property, mental health evaluation, and emergencies. For non-emergency incidents which merit law enforcement attention, staff will call the Buena Park Police Department non-emergency line at (714) 562-3901.
The program established and follows a simple 911 protocol when dealing with incidents at the shelter. All staff members are trained in these procedures. 911 may be called for any medical emergencies, violent behaviors that endanger others, and suicidal ideation. In the event that a client requests 911 be called, staff will take a quick inventory of the situation to decide if 911 should be called immediately or if it would be more appropriate to use an alternate solution: directing to urgent care, Non-emergency Paramedics, shuttle rides to the hospital, or if it is a medical concern that can wait until the client is able to be seen by a nurse or physician on-site, nurse help-lines, or a tele-medicine appointment.
L. Health Policies
1. Housekeeping Policies
The Shelter Operator is committed to, and understands the importance of, maintaining hygienic, sanitary environments for the well-being of clients, volunteers and staff. The Shelter Operator maintains written, standardized housekeeping procedures. Each procedure has been designed for the safety of staff and clients and for a consistent, high standard of housekeeping. Staff are provided with training in these procedures, are monitored in performance of the procedures, and evaluated in their effective use of them. Training also includes education on different hazardous materials with which staff may come into contact when carrying out their assigned work tasks. The complete list of procedures is included in a Shelter Policy and Procedures Manual and made available to all employees.
Shelter staff is responsible for cleaning of the facility. Thorough daily cleaning of all client areas include living quarters, serving and dining areas, and common areas are done using institution strength anti- bacterial products. Bathrooms, showers, and eating areas are given priority attention. The serving and dining areas are cleaned according to strict health standards after each meal. Office space is cleaned weekly or as needed by Shelter staff and partner organizations using the space.
To prevent cross-contamination, clients are encouraged to store personal toiletries in plastic sealable bags on their beds when not in use. Clients are assigned a set of linens at intake for their use while in the shelter. The client is responsible for making and maintaining their bed each morning. Staff washes linens and client laundry weekly in hot water with bleach (except when cleaning clients’ colored laundry) unless special circumstances require more regular cleaning.
All staff practice universal precautions in handling laundry, cleaning of facility, and general self-health care. Specifically:
● Staff wear appropriate protective garments (i.e. gloves) while completing tasks;
● Staff use recommended disinfecting cleaning products for each area of facility;
● Staff practice required hand-washing procedures;
● Serving staff are trained in and practice required food-handling procedures;
● All client clothes are washed upon initial intake and weekly thereafter;
● All laundry is handled according to safety and washing procedures;
● Staff and volunteers follow a set of Program Rules and Regulations for working when they are sick/contagious.
The outside grounds are included in the housekeeping standards and schedule. The facility’s outside spaces, parking lot, and green areas are cleaned daily from debris and litter. Chairs and tables are cleaned regularly according to agency standards,
and more often when needed. Minor repairs of the facility and grounds are completed by the Shelter staff. Any major repairs or work requiring specialized training are completed by approved vendors.
The Multi-Service Center areas are also included the housekeeping standards and schedule. The Service Partner agencies must adhere to housekeeping procedures as outlined in their MOU agreement. Service Provider Partners are expected to respect and keep their areas clean after usage.
2. Pets, ESAs and Service Animal Policies
If space allows, clients are permitted to bring pets, defined as a dog, cat, or recognized service animal, excluding exotic and wild animals.
Only registered animals that are spayed/neutered, have proof of current licensing and vaccinations in Orange County are allowed at the facility. Animals coming into the shelter must also be kept free of fleas, ticks or other pests/parasites. Animals are permitted to stay in the shelter and living areas and must stay in the provided kennels or on a controlled leash while on the grounds.
In order to confirm that an animal is considered a Service Animal, staff may ask if the animal is needed to help with a disability that the client is experiencing, and what specific task the animal can perform.
Because there is no legitimate Service Animal Registry, no registration, Service Animal ID or special tag or vests are necessary.
The health and well-being of all animals brought into the shelter is the sole responsibility of their owner. Clients must feed and clean up after their animals, and Shelter Staff is not required to provide food, although animal food may be regularly available through donations from the program’s partners. Clients who are unable to care for or feed for their pets or cannot control them while at the shelter are asked to remove the pets from the facility.
If the Shelter Operator partners with a Veterinarian, clients may be required to keep regular pet-health appointments.
3. Possession and Use of Controlled Substances
The Shelter Operator has strict policies prohibiting the possession or use of alcohol or controlled substances at or in the vicinity of Buena Park Navigation Center and its Shuttle Pickup Locations by employees, residents, clients, and general public.
It is the intent of the Shelter Operator to promote a safe, healthy and productive environment for everyone. Staff recognizes that the illegal and/or excessive use of drugs and alcohol, or the inappropriate use of prescribed drugs is not conducive to a safe living environment. It is the objective of the Shelter Operator to have an environment that is free from the influence of controlled substances and alcohol at all times on premises. The unlawful purchase, possession, transfer, manufacturing, distribution, dispensation or use of any illegal drug is inconsistent with the objective of operating in a safe and efficient manner and is strictly prohibited and is contrary to mission of Buena Park Navigation Center.
4. Policy for Drug Possession
Staff reserves the right to refuse entrance to any client who is noticeably under the influence and exhibiting behavior that is unsafe or inappropriate due to influence. If alcohol, illegal substances, or paraphernalia are found in client’s possession after they have completed entry paperwork and necessary security screenings, that client may be issued an Action Plan which may result in the termination of their enrollment, depending on the type of contraband. They may be given a time frame of their next eligible readmission date. The illegal drug or alcohol is disposed of and documented by two staff following written protocol in a Policy and Procedures Manual.