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22 COOPERATIVE JOINT POWERS HOMELESS SERVICES
AGREEMENT
Between
the
County
of Napa
and
the
City
of
Napa
County
of
Napa
Contract
Number
____
City
of Napa
Contract
Number
____
This Cooperative Joint Powers Homeless Services Agreement (this “Agreement”)
between
the City of Napa
, a California charter city (“City”)
and the County of Napa
, a political subdivision
of the State of California (“County”)
,
for the administration and oper
ation of cooperative
homeless
outreach and housing systems
is made and entered into under the joint exercise of powers provisions of the Government Code of the State of California, California Government Code Section 6500
-
6536, as
of October 1, 2022
(“Effec
tive Date”)
.
City and County are public entities
organized and operating under the laws of the State of California and each is a public agency as defined in California Government Code Section 6500. City and County may be referred to collectively as “the P
arties.”
RECITALS
A.
Historically, City and County have partnered with each other to address the needs of individuals and families
experiencing homelessness
within Napa County
. City ha
s funded
police department
intervention
activities
(formerly called
outreach activities)
as
well as
50% of year
-
round shelter operation costs for individuals and families
experiencing
homelessness
. County has funded specialty mental health services for people with a serious mental illness, alcohol and drug recovery services for vulnerable individuals and families, as well as 50% of year
-
round shelter operation costs and 100% of
temporary, pandemic
-
response and seasonal
shelter operation costs.
B.
In 2016, City and County expanded their efforts to address the community’s homelessness and supportive housing crisis. These efforts have led to joint initiatives to gather stakeholder feedback, the complet
ion of a comprehensive homeless systems analysis, and
the development of data
-
driven reco
mmendations for new, innovative
change strategies for
the City and County’s homeless housing and services system. The P
arties agree that
ensur
i
ng the experience of
ho
melessness in Napa
is rare, brief and non
-
recurring
is a
priority that cannot be achieved without full participation by both jurisdictions, as well as other key stakeholders.
C.
In 2017,
County was awarded Whole Person Care
Pilot Program
funds
which
provid
ed
funding
for
certain
outreach
services
, housing navigation
, and tenancy care
for Medic
-
Cal
beneficiaries who were experiencing or at
-
risk of experiencing homelessness
.
The
Whole
Person Care
Pilot Program
concluded on December 31, 202
1. E.
The Parties
i
ntend that,
beyond
the funding provisions set forth in this Agreement, they shall continue their historical funding of programs and initiatives that have been
pursued
by each respective Party. County intends to continue its funding of specialty mental hea lth
services
for people with a serious mental health illness
,
and alcohol and drug recovery
services for vulnerable individuals and families
, as well as both one
-
time and recurrent
funding of various consultants to provide support for the initiatives and homeless support
and placement systems described in this Agreement
.
City intends to
fund outreach and
diversion programs and
continue its funding of
homeless intervention initiatives
and
homeless encampment clean up.
R2022-__
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22 F.
The Parties wish to
continue their
historical partnership to jointly lead efforts to reduce or
eliminate homelessness to the greatest extent possible, and to act as partners
in developing
and implementing homeless system policy changes and efforts to transform and restructure
the management of outreach, intake, facilities and placements of homeless individuals and families within Napa County.
The Parties agree on the following priorities:
1. Diversion
2. Street Outreach
3 . Housing Navigation
4 . Shelter Operations
5 . Tenancy Care
G
.
The Parties wish to
rescind
and replace
the Cooperative Joint Powers Homeless Services
Agreement (County of Napa Contract Number 180225B, City of Napa Contract Number C2018 023)
with this
A
greement
in order to set forth necessary
cooperative procedures and
protocols for the
administration and operation of cooperative homeless outreach and housing systems
, to set forth the respective obligations and payment responsibilities of the Parties,
to provide for a reimbursement of costs fro
m City to County for
a portion of
the
cost of services
already contracted for by the County,
and to provide for mutual cooperation
in the administration and implementation of
cooperative efforts to address homelessness
within the City and County
.
NOW, TH
EREFORE, in consideration of the mutual covenants and conditions identified herein, the parties hereby agree as follows:
1)
DEFINITIONS
.
For purposes of this Agreement, the following capitalized terms shall have the meanings ascribed to them in this Sec
tion:
“Agreement” means this Cooperative Joint Powers Homeless Services Agreement.
“City” means the City of Napa,
a
California
charter city
.
“
Continuum of Care”
or “CoC”
means
the system developed by the United States Department of Housing and Urban Development that is intended to
promote communitywide commitment to the goal of ending homelessness by providing funding for efforts by nonprofit providers, and State and local
governments to quickly
rehouse homeless individuals and families while minimizing the trauma and dislocation caused to homeless individuals, families, and communities by homelessness, promoting access to and effective utilization of mainstream programs by
homeless individuals and families, and optimizing
self
-
sufficiency among individuals and families experiencing homelessness.
“Coordinated Entry System” means the process and system to connect homeless individuals and families with the most appropriate ho
using and services resources as recommended by the U.S.
Department of Housing and Urban Development and utilizing standardized assessment tools and processes, participation by all regional stakeholders
and coordination amongst relevant agencies
and organiz
ations, which the Parties shall utilize as
the primary referral mechanism
.
“County” means the County of Napa, California, a political subdivision of the State of California.
EXHIBIT A
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22 “Effective Date” means the date
identified
in the first paragraph of this Agreement, which
represents the date that this Agreement was fully executed by the required signatories of each Party.
“Fiscal Year” means
the period of 12 consecutive months that commences on July 1 st
and ends on
June
3 0
th
.
“HACN” means the Housing Authority of the City of Napa.
“Homelessness Management Information System”
or “HMIS”
means
the
database
used to
confidentially aggregate data on
homeless
populations served by the Parties, used to
record and
store client
-
level information on the characteristics and service needs of homeless individuals and families.
“
HUD” means the United States Department of Housing and Urban Development.
“Initial Term” means the period from the
Effective Date until June
30, 2025.
“Intervention and Enforcement” means the mobile field services designed to connect clients to services but also have a role in enforcing
municipal codes, local ordinances, and ot
her state and
federal laws.
“Renewal Term” means
each
successive period of one (1) year that
this Agreement is automatically
renewed
pursuant to the provisions of
Section
5 of this Agreement.
“Shared Shelter Operations” means the annual
management,
maintenance,
and operation of
the
Shelter System
.
“Shelter System” means the
Year
-
Round
Emergency Shelte
r and Homeless Crisis Response
System, the system of
shelter facilities
(including
the
Day Center
, the South Napa Shelter, and
Rainbow House
)
and associated
cooperative crisis response
protocols
that shall be used to
provide
homeless individuals and families with shelter and beds and crisis response .
Shelter System
does
not include the Winter Shelter
Operations
.
“Street Outreach
and Engagement
Services
” means the
mobile
field services
designed to
engage
clients
with case management and connect
to shelter, housing, and other case management
services.
While there are many organizations that might
provide
outreach and engagement
activities,
for the purposes of
this
A
greement, this
definition
is intended to refer
to services that
focus on client advocacy without policy or legal enforcement.
“Term” means the Initial Term and, if applicable,
any
Renewal Term.
“Winter Shelter Operations” means the
management, maintenance and operation of
temporary
homelessness shelters and appurtenant facilities for the Winter m onths from
November
through
March
.
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22 2)
COUNTY OBLIGATIONS
.
County shall be responsible for the following:
a)
Seek
ing
out new and renewal funding opportunities that align with the priorities described in this Agreement
.
Examples of appropriate funding resources include but
are not limited to:
Federal Funding via
HUD Continuum of Care,
State Funding
available through HCD
(California Emergency Solutions Grants, CDBG
-
CV, etc.),
CalICH (HHAP, HHIP, etc)
,
Medi
-
Ca
l
Waiver funding
for housing and sheltering
services, and other
appropriate
Federal, State and local sources as they become
available
.
b)
Using
existing or new funds
to
provide
case management and
housing
-
based support
services
.
c)
Contracting
or hiring staff to
run all shelter operations, housing navigation and other case management services, housing placement and related rental assistance, and tenancy care services.
County
will assume responsibility for the management,
monitoring and other activities related to
the oversight of
th
ese
contract
s and services
.
County shall
a
ssign
a
County staff person to be the primary point of contact for th
ese
contract
s
.
d)
Contract
ing
with consultants for one
-
time and on
-
going support for
CoC
Administrative Entity responsibilities,
for as long as the County remains the designated
CoC Administrative Entity, including
development of the annual HUD Continuum of
Care Notice of Funding Availability (NOFA) process and development of the Emergency Solu
tions Grant application process
.
Addi
tional areas of technical
assistance support under contract may include support with various aspects of CoC
Administration, such as development and refinement of Governance Policies and Procedures;
e)
Providing
staffing for
o
versight
,
implementation
, and oper
ation
of the Coordinated
Entry System
.
f)
Participating actively with City and other community partners to create an ongoing
housing
inventory
.
g)
Attending regular meetings with the City, consultants,
and other stakeholder groups,
as needed.
h)
Reviewing outcomes and other
reports created by
consultants or service providers.
i)
Requiring participation in HMIS by all County contractors that serve homeless households.
3)
CITY OBLIGATIONS.
City shall be resp
onsible for the following
:
a)
Seeking out new and renewal funding opportunities that align with the priorities described in this Agreement
.
Examples of appropriate funding resources include but
are not limited
to:
Federal Funding via HUD Continuum of Care, State Funding available through HCD (California Emergency Solutions Grants, CDBG -
CV, etc.),
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22 CalICH (HHAP, HHIP, etc)
), Medi
-
Cal Waiver f
unding for outreach, encampment
resolution and prevention and diversion services,
Emergency Rental as well as
Section 8 housing vouchers
and other
appropriate
Federal, State and local sources as
they become available.
b)
Assigning a
City staff person to be t
he main point of contact for all homeless services
programs and needs.
c)
Participating in the Continuum of Care
.
d)
Leading efforts
on
homeless encampment clean
-
up
s on properties
owned by the
City
of Napa
.
e)
Leading efforts to communicate with property owners in the City of Napa where homeless encampment clean
-
ups may be necessary.
f)
Leading efforts to provide
low level interventions
and enforcement
t
o assist
law
enforcement and fire agencies
with individuals e
xperiencing unsheltered
homelessness. The primary goal of intervention
and enforcement
is to connect
clients
with the outreach team or other case management services.
g)
Contracting or hiring staff to run all
street outreach and engagement services to
connec
t clients to CalAIM,
shelter
,
all housing
, and
other case management services.
City
will assume responsibility for the management, monitoring and other activities related to the oversight of these contracts and services. C it
y shall assign a C
ity
staff
person to be the primary point of contact for this contract.
h)
Contracting
for
or hiring
staff to run a Diversion Program
to provide rapid resolut
ion
to prevent or exit
homelessness.
City will assume responsibility for the management,
monitoring and other activities related to the oversight of these contracts and services.
City shall assign a
City staff person to be the primary point of contact for this contract.
i)
City will
transfer all open and existing clients
being provided housing navigation or
housing tenancy care
to County
and/or
its
subcontractors
by
September 30, 2022
unless
HACN
or City
has a direct contract for services (i.e.
Diversion,
Section 8 Vouchers,
Shelter Plus Care, Tenant Based Rental Assistance).
j)
Participating actively with the County and other community partners to create permanent supportive housing inventory
.
k)
Attending regular meetings with the County, consultants,
Shelter System Operator
,
and housing services providers
as needed.
l)
Reviewing outcomes and other reports created by consultants,
contractors, and
County.
m)
Requiring participation in HMIS by all City
s
taff and
contractors that serve homeless
households.
All encounters should be entered within 72 hours
.
n)
Collaborating with
HACN
with the goal of:
1. Identifying potential
special purpose vouchers or
set
-
aside
s
of
H
ousing
C
hoice
V
ouchers for homeless referrals
from the CES system
.
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22 2.
Identifying
potential
fund
ing opportunities
for
the homeless system which
may include funding for permanent supportive housing, rapid rehousing, and housing
-
based
support services.
3. Including unit
s
designated for homeless referred by the CES system as part of project
-
based vouchers (PBVs) in rental proje
cts.
4. Continuing
HACN
participation in the Continuum of Care
5. Participat
ing
in
meetings with the County and City on
housing and
homeless
systems efforts
, as requested
.
6. Seeking to collaborate to remove unnecessary barriers for homeless to participate in
the
Housing Choic
e Voucher program.
4)
APPORTIONMENT OF COSTS FOR PROVISION OF HOMELESSNESS SERVICES .
a)
County shall pay for the full cost of Winter Shelter Operations.
b)
City shall pay County
an amount not to exceed
$
765,000
in Fiscal Year 2022
-
2023
as
reimbursement for 50% of
costs of
Shared Shelter Operations
not otherwise
covered by a grant or assigned funding source
.
Each Fiscal Year thereafter during
the
T
erm, the
City shall pay County
50% of costs of Shared Shelter Oper
ations
in
an
amount not to exceed $765,000 per Fiscal Year
,
unless the Parties
otherwise
agree
in writing, in which case
the City shall pay the agreed upon amount
.
City
shall make payments in accordance with Section
6. c)
City and County agree to work
cooperatively on
a fiscal year
basis
to establish the
annual
budget for Shared Shelter Operations
that shall be shared equally
, absent
other funding sources
.
By no later than April 1
, 2023 and each April 1
st
thereafter
during the Term
, City and County shal
l agree
in writing
on a proposed budget for
Shar
ed Shelter Operations to be provided to the contracted Shelter Operator
for the
following Fiscal Year.
d)
By separate agreement
s
, the City and County may
enter
cost sharing
or grant fund
sharing arrangements to
support the priorities of this
A
greement and the homeless
services system.
5)
TERM
. The
Initial
Term
of this Agreement shall be from
the Effective Date
until
June 30,
20 2
5 ,
unless earlier
terminated in accordance with Section 7
.
At the end of th
e
Initial Term
,
t
his
Agreement
shall automatically renew
each
Fiscal Year
(July 1
-
June 30)
unless otherwise
terminated in accordance with Section 7.
T
he
obligations o
f the
P
arties under Paragraph 9
(Insurance) and Paragraph 10
(Indemnification) shall
survi
ve the
expiration or ear
lier
termination
of this Agreement
in relation to acts or omissions occurring prior to such expiration or earlier
termination
.
6)
METHOD OF PAYMENT
.
County shall invoice City quarterly
during the
Initial Term
and any Renewa
l Terms
of this
Agreement
. Such payments will be made
by City
within 30 days
after
receipt of any invoice from the County
.
7)
TERMINATION OF
AGREEMENT
. This
Agreement
may be terminated
as follows: 1)
without cause
by either party
after
providing
not less than
six (6
)
months
written notice of
the
terminating party’s
intent to terminate
to the other party
, with the termination
to be
effective as of
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22 the beginning of the following Fiscal Year
; or 2) for cause,
if either party shall fail to fulfill in a
timely and proper manner that party's obligations under this Agreement or otherwise breach this Agreement and fail to cure such failure or breach within ten (10) days of receipt of written notice from the
non
-
defa
ulting
party describing the nature of the breach
.
8 )
NOTICES
. All notices required or authorized by this
Agreement
shall be in writing and
shall be delivered in person or by deposit in the United States mail, by certified mail, postage prepaid, return receipt requested. Any mailed notice, demand, request, consent, approval or communication that either party desires to
give to the other party shall be addressed to the other party at the address set forth below. Any notice sent by mail in the manner prescribed by this paragraph shall be deemed to have been received on the date noted on the return receipt or five days foll
o
wing the date of deposit, which
ever is ear1ier.
COUNTY
County Executive Officer
1195 Third Street, Suite 310
Napa, CA 94559
CITY
City Manager
P.O. Box 660
Napa, CA 94559
9 )
INSURANCE
. City
and County
shall
each
maintain in full force and effect throughout the
T
erm of this
Agreement
and thereafter as to matters occurring during the term of this
Agreement
the following insurance coverage:
a)
Workers' Compensation Insurance. City
and County
shall
each
provide, to the
extent required by law, workers' compensation insurance in the performance of all duties under this
Agreement
.
b)
General Liability Insurance.
A
ny
services performed by the Parties under this
Agreement
shall be covered by general liability coverage and
the Parties
shall maintain adequate
liability coverage during the term of this
Agreement
. County acknowledges that City maintains a
self
-
insured rete
ntion of $150,000 which amount is subject to change at any time by action of the City of Napa City Council.
10 )
INDEMNIFICATION
.
To the fullest extent permitted by law,
County shall
indemnify, defend and
hold City
and
its elected and appointed officials, officers, employees and agents
harmless from
any and
all loss,
claims or liability asserted against or incurred by City by reason of any act
or omission
of County
or any employees of County during the term of this
A
greement
.
To the fullest extent permitted by
law,
City shall
indemnify, defend and
hold County
and its elected and appointed officials, officers,
employees and agents
harmless from all loss, damage, claims or liability asserted against or incurred by County by reason of any act
or omission
of City or any employee of City during the
term of this A
greement
.
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)
INDEPENDENT ENTITIES
Although this Agreement is a Joint Powers Agreement as authorized by California Government Code 6500
et seq
, City and County are independent entities, and City and County and the respective officers, agents and employees of City and County are not, and sha ll not be deemed,
employees of the other agency for any purpose, including but not limited to worker’s compensation and employee benefits.
12 )
PRIVILEGES, IMMUNITIES AND OTHER BENFEFITS
In accordance with California Government Code section 6513, all of the privileges and
immunities from liability, all exemptions from laws, ordinances and rules, and all pension, relief, disability, workmen’s compensation, and other benefits which apply to the activity of the trustees, officers, employees or agents of t
he Parties when performing their functions within the
territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties associated with performanc
e of this Agreement.
13 )
THIRD PARTY BENEFICIARIES
. Nothing contained in this Agreement shall be
construed to create and the parties do not intend to create any rights in third parties.
14 )
GENERAL PROVISIONS
.
a)
Headings
. The heading titles for
each paragraph of this Agreement are included
only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.
b)
Severability
. If any term of this Agreement (including any phra
se, provision,
covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, th
is
Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; pr
ovided, however, this paragraph shall not be applied to the exten
t that it would result i
n a frustration of the parties' intent under this Agreement.
c)
Governing Law, Jurisdiction, and Venue
.
The interpretation, validity, and
enforcement of this Agree
ment shall be governed and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Napa.
d)
Attorney's Fees
. In the event any legal action is commenced to enforce or interpret this Agreement, the prevailing party is entitled to reasonable attorney's fees, costs, and expenses incurred, whether or not such action proceeds to judgment.
e)
A
ssignment and Delegation
. This Agreement, and any portion thereof, shall not be assigned or transferred, nor shall any of the duties be delegated without the written consent of the other party to this Agreement. Any attempt to assign or delegate this Agr eement without the
written consent of· the other party shall be void and of no force or effect. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment.
f)
Modifications
. This Agreement may not be modified orally o
r in any manner other
than by an agreement in writing signed by both
P
arties.
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22 g)
Waivers
. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision
of this
Agreement.
h)
Entire Agreement
. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the services described herein.
This
Agreement
supersedes all prior negotiations, agreements, and
unde
rstandings regarding this matter, whether written or oral , including
the Cooperative Joint
Powers Homeless Services Agreement
dated October 1, 2017
(County of Napa Contract Number
180225B, City of Napa Contract Number C2018 023)
.
The documents incorporated by
reference into this Agreement are complementary; what is called for in one is binding as if called for in all.
(i)
Signatures
. The individua
ls executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the City and the County.
[signatures on following p
age.]
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22 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the
Effective Date
.
CITY OF NAPA:
_________________________________
Steve Potter, City Manager
ATTEST:
_________________________________
Tiffany Carranza, City Clerk
COUNTERSIGNED:
_________________________________
Joy Riesenberg, City Auditor
APPROVED AS TO FORM:
_________________________________
Michael W. Barrett, City
Attorney
NAPA COUNTY
:
ATTEST:
By____________________________
__
____________________________
RYAN GREGORY
, Chair of the Board
of
Neha Hoskins
, Clerk
of the Board of
Supervisors
Supervisors
APPROVED AS TO FORM:
S. Darbinian
Silva Darbinian,
Deputy, County Counsel’s O
f
fice