Cities Index.
EX A - Cooperative Joint Powers Homeless Services Agreement

Napa City Council
September 20, 2022

Document
EX A - Cooperative Joint Powers Homeless Services Agreement
Meeting
September 20, 2022
Body
Napa City Council
Pages
10
Original file
173 KB
Text extracted from the city's file for reading and search. Open the original on napacity.legistar1.com. That file is the official record.

EXHIBIT A

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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.

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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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22 11
)

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

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