Exhibit C
SECTION I. SHELTER ADMINISTRATION
A. Program Description
1. Population Served
Navigation Center and Services
The Navigation Center will serve 100 shelter clients 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 will be 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 the Navigation Center will include homeless single men, single women, and families.
Each client will be screened for sex offender and active felony warrant status before admission (screening will take place prior to the arrival at the facility as part of the bed reservation system), as detailed in the "Admission Criteria and Procedures."
2. Program Description
The Navigation Center is designed to provide safe shelter, basic needs, and access to support to help move individuals and families out of homelessness and into permanent housing opportunities.
Access to safe shelter
The Navigation Center will accommodate overnight sleeping for 100 individuals per evening. Access to the 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 will be handled through a reservation system. No walk-ins for the Navigation Center or services will be permitted.
PROVIDER will provide on -site staff to track daily bed inventory and communicate daily bed vacancies with service Providers. Additionally, a percentage {5%-10%) of beds will be held each night, with a portion specifically for the host city, to prioritize referrals from local police and/or for emergency or special situations.
Length of Stay
There is no set minimum and the maximum length of stay will be consistent with the City Policy.
Each client will have an Employment and 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's stay exceeds 30 days, an exit plan strategy may be implemented. Consistent with national best practices and trends, the goal for length of stay should be 30 days or less. PROVIDER will maintain a report to account for clients with lengths of stay exceeding 30 days and reasons why with accountability to Advisory Boards.
Exhibit C
Sleeping Areas
Beds will consist of single beds. Each client will be assigned a bed and bedding for the length of their stay.
Space will be divided to allow for separate sleeping areas for both men, women and families.
Flexible sleeping space will also be provided for transgendered populations, those dealing with illness, families or for other special needs populations. Flexible bed space must not exceed building capacity.
The expectation is that beds will be made every day, and clients need to work towards that objective.
The sleeping areas may not be modified in any permanent way. No painting, hanging or additions of wallpaper is allowed. Clients may hang up to two items with command hooks. No nails or holes may be drilled in the tile walls or drywalls.
Breakfast, lunch, dinner and snacks will be provided for all clients in a central dining area.
PROVIDER will work with the community to attempt to secure donated Breakfast, Lunch and Snack Items. Hot Meals will be purchased and delivered to the site. These meals will be served to clients of the shelter by both paid staff and volunteers.
Prior to serving, volunteers will receive sufficient training for the work assigned, will follow all applicable hygiene and safety rules, and a qualified employee will be assigned to oversee their work.
Hygiene Facilities
Hygiene facilities will be provided on -site including toilets, showers and laundry facilities. Clients will be encouraged to utilize these facilities as daily resources to them. Toiletries will be provided by PROVIDER to clients as needed.
Transportation
No walk-ups will receive shelter access. New clients and returning clients will receive direct transportation to and from the shelter daily. Dates and times for daily pick-ups are outlined in the "Transportation Policies. " It is recommended that there be up to three (3) designated locations that provide ample geographic range for those seeking shelter services in North Orange County as well as take into consideration community impact and safety considerations. Locations will be selected by the host city/police department and/or in collaboration with neighboring police departments.
PROVIDER will not drop-off/pick-up other than at agreed upon locations.
Security
PROVIDER will follow policies and procedures that promote utmost safety for clients, staff, volunteers, and the community and will strive to provide an atmosphere that promotes community, stays alert for signs of conflict, and confronts behaviors before they escalate. The security plan will include a multi -faceted approach involving screening for sex offenders and felons with open warrants, secured entrances, random security searches upon entrance, confiscation of harmful contraband, trained security personnel providing around -the -clock indoor and outdoor coverage, security cameras and lighting. Other program elements that will support security efforts include no walk ups and no loitering policies.
Exhibit C
Storage
All clients will have access to personal storage space. Each client bed will have a small storage locker or bin for personal valuables. A limited number of outdoor storage bins will be available to clients through a reservation process. Additionally, a refrigerated storage area will be available to clients with medication needs.
Em
3loyment and Housing Navigation Services
Upon entering the shelter, each client will be assigned to an Employment and Housing Navigator.
The primary function of the Employment and 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 Employment and Housing Navigator is to provide resources and support to the client during their stay. The Employment and Housing Navigator will ensure that all clients are entered into the Coordinated Entry System, as the first line of housing engagement.
Together the Employment and Housing Navigator and the client will complete a Housing Plan, which will guide their efforts toward securing permanent housing opportunities. Meeting weekly, the Employment and Housing Navigator will document the client's progress towards actions outlined in the Housing Plan.
Daytime Program Activities
As a 24 -hour Year -Round Emergency Shelter Program, staff will encourage 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:
• Access to day -time service Providers
• Life skills classes and workshops
• Indoor and outdoor recreational activities
3. Services Provided
The Navigation Center should incorporate an extended combination of basic needs services, as well as supportive services aimed at creating pathways into housing.
The Navigation Center should include at a minimum the following baseline services (in ranked priority):
SERVICE
PROVIDED BY
1 Intake/Assessment/Case Management/Housing Navigation
PROVIDER
2 Crisis Evaluation
Mental Health in collaboration
w/HCABHS
3 On Site Centralized Intake
PROVIDER
4 Beds on Site
PROVIDER
5 Transportation Services and Assistance
PROVIDER in collaboration with
transportation vendor
6 Security
PROVIDER in collaboration with
3rd party security vendor
Exhibit C
7 Meals/Food
PROVIDER in collaboration with
food preparation vendor
8 Parking
PROVIDER
9 Homeless Prevention/Diversion Assistance
Service Partner
10 Drug and Alcohol Treatment Referrals
Service Partner
11 Commissary/Dining Hall
PROVIDER
12 211 {off site)
Service Partner
13 Employment/Job placement Referrals
Service Partner
14 Laundry
PROVIDER
15 Storage {on/off)
PROVIDER
16 Resource Information and Referral services {on/off site) PROVIDER in collaboration with
Service Partners
4. Coordinated Entry System Integration
The Navigation Center will serve as a designated "Entry Point" of the Coordinated Entry System.
PROVIDER will include in its staffing plan designated staff to conduct Diversion screening and prevent those with other resources from entering the homeless shelter system.
Additional staff will be trained to complete on -site VI-SPDAT assessments. Employment and Housing Navigators will also assist Navigation Center clients obtain the necessary documentation 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 expected outcomes for the Navigation Center will adhere to guidelines and expectations set forth by the U.S. Department of Housing and Urban Development's HEARTH Act as well as the Orange County Ten Year Plan to End Homelessness.
The Navigation Center should not be regarded as a singular program but should provide support to the entire Orange County Continuum of Care (CoC) 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 should 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? b. Overall Reduction in Number of Persons Who Experience Homelessness - Are overall rates of homelessness declining? Is street homelessness declining? Is chronic homelessness declining?
c. Reduction in the Length of Time Homeless -
Exhibit C
Do people stay homeless for shorter periods of time? A reasonably short length of time being 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 a Year -Round Emergency Shelter Program. 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? e. Reduction in Recidivism (subsequent return to homelessness). Are repeat occurrences of homelessness avoided or declining?
PROVIDER will work in cooperation with the Orange County Commission to End Homelessness and the Emergency/Transitional Shelter Implementation Group to set community benchmarks and multi- year goals to measure successful program implementation for the Year -Round Shelter.
B. Admission Criteria and Procedures
1. Client Rules and Guidelines
A prospective client must be willing to participate in all aspects of their care, follow Year -Round Emergency Shelter rules, and maintain appropriate behavior with consideration for other clients of the shelter. All clients must review and sign a copy of the "Shelter Rules" document prior to entry.
Intake staff will assist any clients who may have difficulty understanding or reviewing the rules.
During the intake process staff will provide the client with information about program operations including: meal times, curfew, services they can expect to receive onsite, transportation opportunities and shuttle schedule, staffing structure and grievance process, and the guidelines and rules for maintaining a safe community environment. Staff will also explain, give all clients a copy of, and otherwise enforce, the Client Rights and Responsibilities policy, so that clients may understand what they can expect from the program and what the program expects of them during their stay.
2. Identification Requirements
A form of official identification is required to verify identity; however, a client will not be denied access to shelter services without one. Employment and Housing Navigators will assist clients in obtaining a California ID, providing each client with a no -cost ID voucher.
Shelter ID components include a photograph, name and other identifying information. All clients will have this information entered into HMIS (Homeless Management Information System).
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 felons with open warrants will be allowed to access the shelter property.
PROVIDER will work cooperatively with the local police department and will utilize http://ws.ocsd.org/ Arrest Warrants to screen clients for open warrants.
4. Bed Reservation System
The City of Placentia Navigation Center, operated by PROVIDER, provides emergency beds for
Exhibit C
literally homeless men and women with priority for those living in the City of Placentia and the North Orange County area. All reservations are secured through the Outreach Grid App which PROVIDERS will be responsible for updating when there is a bed available. Once a referral is received and pre-screened, clients are given a time and directions to one of several pick-up locations. A shuttle will pick them up and transport them to the shelter.
PROVIDER is required to manage and update daily, the Outreach Grid app for capturing bed inventory, reservations and vacancies. 5-10% of shelter beds will be held each night to allow for referrals from local police department and other emergency and/or qualified situations.
Based on space availability, bed vacancies may be disseminated to Coordinated Entry or other referral partners.
5. New Clients
New clients will be screened using the phone intake system and provided a reservation number, shuttle pick up time and location.
Beds will be assigned based on availability and eligibility results. As instructed, new clients should arrive at the designated shuttle pick up location, or at the shelter through their own transportation.
Those who do not arrive at the designated time without communicating previous arrangements will forfeit their bed for the night.
Those who did not receive a bed during 1st bed assignments may be referred by a local agency to meet the 2nd shuttle at the designated location and register for any unclaimed beds.
The shuttle will transport clients directly to the Navigation Center site.
Clients will not be allowed to loiter in the neighborhood surrounding the Navigation Center facility or the bus and/or shuttle pick up locations at any time. There will be strict enforcement of shelter client contract rules which could result in permanent exit from the facility if not followed.
Drop-off/pick-up locations are an extension of the shelter and thus any violation such as loitering constitutes a violation of the shelter rules which will be strictly enforced. PROVIDER will conduct random daily checks of 1 -mile diameter to shelter and drop-off/pick-up locations to enforce shelter rules and avoid loitering and homeless congregations. Upon arrival, clients will go through a security screening process and work with an Intake and Admissions Coordinator to be informed of rules and regulations of the Year -Round Emergency Shelter Program, complete necessary intake paperwork and obtain a shelter ID card.
6. Day Leave and Returning Clients
Two morning shuttles will be available to clients who have a desire to leave the facility during the day for employment or personal appointments. These will be modified based on client need.
Clients who leave the program during the day may return via the 4:00 PM shuttle to ensure that their beds remain claimed. Those using the later, 7:00 PM shuttle will inform their Employment and Housing Navigator or shelter bed reservation staff member to ensure their bed reservation is saved.
Clients arriving later than 7:00 PM for special circumstances, such as employment or discharge from the hospital, must communicate with their Employment and Housing Navigator their anticipated arrival time. No client will be allowed into the shelter after 10:00 PM unless for valid reasons approved by their Employment and Housing Navigator and/or the shelter bed reservation staff member. Failure to communicate this could result in forfeiture of their bed reservation and subject
Exhibit C
the client to "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.
7. Hours of Operation
The 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. 5:OOAM
7:00 AM -8:00 AM
6:OOAM
7:OOAM
8:00 AM-10:OOPM
10:OOAM
12:00 PM -1:00 PM
Snacks available all day)
4:00 PM
6:00 PM -7:00 PM
7:00 PM
10:00 PM
Early Wake Up If needed
Breakfast Served
First Shuttle for morning drop-offs
Second Wake Up Call If needed
Common Area Open
Second (final) shuttle for morning drop-offs
Lunch Served
First Shuttle for evening pick-ups
Dinner Served
Second Shuttle for evening pick-ups
Lights Out in Sleeping Area
*Individuals may request an early or late plate for all meals.
C. Overflow Management
1. Coordinated Service Delivery Plan
It is anticipated that in the early years of operation for the Navigation Center need and demand will outweigh the capacity of the 100 bed Year -Round Emergency Shelter Program. Therefore, it is imperative that a Coordinated Service Delivery Plan be implemented that includes coordination of the following diversion and redirection strategies:
Exhibit C
a. Homeless Diversion -
PROVIDER will include homeless diversion screening at intake to ensure that those with alternative resources will not be accessing the homeless system. PROVIDER will either provide direct referrals or partner with an agency that can offer successful diversion assistance. b. Coordination with Transitional and Bridge Housing Providers - PROVIDER will work with service Providers to locate Transitional and/or Bridge Housing vacancies.
This form of housing will 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 Navigation Center bed turnover rate as clients are successfully matched to alternate housing opportunities. c. Coordination with other Navigation Center Providers - PROVIDER will partner with other emergency shelter program Providers 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 will ensure that the 100 -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 declared by state, county, or city authority, the shelter will maintain a "no walk-up" policy.
D. Exit and Re -Admission
1. Exit and Readmission Policies
Clients will be 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.
When a client exits of their own volition or is exited for minor shelter violations, the client may contact the admission hotline to screen for readmission eligibility after the time designated by staff.
Length of exit for safety violations will depend on the severity of the infraction. The Shelter Operator should be balanced in their approach to program exits and readmission policies as it pertains to rules violations and infractions. Such policies should include considerations to maintain a safe and effective facility, safety for clients, volunteers, staff, and the surrounding neighborhood as well as demonstrate compassion toward homeless individuals who face increasingly vulnerable situations if forced to exit from a shelter situation to places not suitable for human habitation.
It is recommended that infractions be subdivided into a Multi -Tiered System based on the perceived impact of the infraction. The consequences for each tier level should be fitting and just for the level of the infraction and its perceived impact on the wellbeing of stakeholders.
Clients who use the facility, programs, and services in violation of a specific rule will be obliged to adhere to the applicable consequences. The consequences may also be subject to intervention by law enforcement, and, if necessary, prosecution up to the limit of the law.
If guest behavior results in an infraction upon the programs rules and expectations, whether posted
Exhibit C
or implied, or they pose a direct threat to the health and safety of others, the guest will be required to meet with staff to discuss the specifics of the situation. The conference will include a review of all facts, a review of the alleged violation and the exploration of alternative resolution other than termination unless deemed necessary by the level of the infraction. A behavioral contract will be created at the first violation between the client and shelter provider which will be reviewed with the client. The contract will state the expectation that was not met as well as the plan for the client to continue their goal towards housing without receiving further infractions.
For minor infractions/violations as outlined below, the client will be met with three times to discuss the issue and resolution with the staff in an effort to correct the behavior and have the client complete the program successfully. After the third violation, the client will need to sign a behavioral contract in order to stay in the program. If a fourth minor infraction were to occur, then a written termination notice will be created, and the client will be immediately removed from the program for a minimum of 30-60 days. Clients will have the opportunity to relocate to the other North SPA Navigation Center if there is a bed available.
For moderate infractions/violations as outlined below, the client will be met with two times to discuss the issue and resolution with the staff in an effort to correct the behavior and have the client complete the program successfully. After the second violation, the client will need to sign a behavioral contract in order to stay in the program. If a third moderate infraction were to occur, then a written termination notice will be created, and the client will be immediately removed from the program for a minimum for 90 days. Clients will have the opportunity to relocate to the other North SPA Navigation Center if there is a bed available.
For severe infractions/violations as outlined below, the client will be terminated immediately from the program and will receive a written termination notice and grievance form immediately. The client will be removed from the program for a minimum of 180 days. Client will have the opportunity to relocate to the other North SPA Navigation Center if there is a bed available, but subject to the type and severity of infraction/violation that caused removal.
For extreme infractions/violations clients may be permanently ineligible to return if the infraction/violation is so severe that it causes significant harm or damage to the facility, staff, or all clients being served.
Basic Examples of Levels of Infractions:
Examples of Minor Infractions - Level 1:
• Smoking outside of an approved smoking area
• Cutting in front of others in meal lines or service lines • Curfew violations
• Loitering in parking lots or surrounding areas near Navigation Centers • Entering designated "Off-limits" areas
• Mild verbal aggression or verbal assaults
• Mild physical incidents (ex: lightly pushing past someone) • Not following the basic program procedures or expectations • Refusal to work with their navigator or not following the housing plan • Possession of non -sharp paraphernalia
Examples of Moderate Infractions - Level 2:
• Possession of Alcohol of Marijuana
• Disrespectful towards staff or volunteers
• Minor physical scuffles
• Possession of flammables
Exhibit C
• Possession of illegal narcotics
• Non -exhibitive sexual behaviors
• Racial slurs or discriminatory slurs(e.g., terms widely considered as hateful against specific religious groups or sexual orientations)
• Guest refusing to de-escalate or speak with Staff at the time of incident Examples of Severe Infractions — Level 3:
• Illegal drug use or possession
• Possession of weapons or "sharps" in the shelter
• Threats that cause fear of life or limb
• Major Neighbor complaint(e.g. Vandalism, theft, aggression) • Theft
• Intentional damage to property (e.g., holes in walls, arson, etc.) • A guest refusing to be searched when staff or security have reason to believe they are in possession of contraband
Examples of Extreme infractions — Level 4
• Sale of illegal narcotics
• Violent attacks/fights (e.g., punching, kicking, shoving, etc.) • Sexual Assault/harassment
• Behavior deemed to be Criminal Activity or Felony offenses
2. Exit Procedures
When a client is asked to exit due to disobedience of rules, violence, or criminal activity, security will escort the person off the property and those exited will be transported to a self -directed location out of the surrounding area.
E. Employment and Housing Navigator Services Policy
Shortly upon time of admission into the shelter, each client will be assigned to an Employment and Housing Navigator. The primary function of the Employment and 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 Employment and Housing Navigator is to provide resources and support to the client during their stay.
The Employment and Housing Navigator will ensure that all clients have a complete assessment and are entered into the Coordinated Entry system, as the first line of housing engagement.
Employment and Housing Navigators will assist Navigation Center clients in obtaining the necessary documentation to move forward in their housing connection process, once matched to permanent housing opportunities by the Coordinated Entry Module.
Together the Employment and Housing Navigator and the client will complete a Housing Plan which will guide their efforts toward securing permanent housing opportunities. Meeting weekly, the Employment and Housing Navigator will document the client's progress towards actions outlined in the Housing Plan. Additionally, Employment and Housing Navigators will work with clients to provide any community referrals as necessary.
1. Documentation of Employment and Housing Navigation Services and Data Security Policies
Employment and Housing Navigators will keep case notes in both hard copy paper files and in the HMIS database to track every client's progress and participation in the Year -Round Emergency
Exhibit C
Shelter Program. These files are also used to track the resources and referrals given, support rendered, and any infractions the client may accrue. Outcomes are recorded at exit and throughout participation in the program.
Paper files will be stored in a secure, locked location only accessible by necessary staff.
PROVIDER will use HMIS as its primary database and ensure that every client completes and signs an Orange County HMIS Client Consent Form upon entry into the program. Intake Specialists and Housing and Employment Navigators will ensure collection of all HUD Data standards as required by the HMIS system.
PROVIDER will have a policy restricting computer access records and client information to authorized staff. All database and HMIS access will require passwords by authorized users.
Disclosure of client information to other social service agencies may be permitted only with the client's written consent. Disclosure of records relating to clients may be released without client consent in certain circumstances as required by law.
F. Daytime Program Policies
Clients that are participating in the Navigation Center may, but are not required to, leave the facility during the day. PROVIDER will make every good -faith effort to encourage all clients to stay on -site during the day and to take advantage of the on -site services provided to them during the daytime.
Two morning shuttle times will be available to clients who desire to leave the facility for work or personal appointments, one at 6:OOAM and one at 10:OOAM.
If not utilizing the morning transportation services, clients are encouraged to stay at the facility.
Clients will have access to daytime services through partner organizations and will be able to meet with their assigned Employment and Housing Navigator on a weekly basis. They will also have access to activities provided by shelter staff and volunteer organizations. Clients are welcome to use the facility's recreational areas, and designated outdoor spaces.
G. Supportive Services Program Policies
1. Lead Agency Protocols
The PROVIDER is to recruit and manage a group of partner agencies specialized in providing an array of supportive services beneficial to Navigation Center clients.
PROVIDER will ensure that the Emergency Shelter has flexible hours to allow clients to come before or after work, or alternatively, on the weekends.
PROVIDER will also engage participation in and facilitate quarterly meetings of the Service Partner Advisory Board.
2. Requirements for Service Provider Partners
All service Providers who desire to offer direct services at the Emergency Shelter will complete an interest application and will be required to enter into a formal Memorandum of Understanding (MOU) with PROVIDER to participate.
Responsibilities of the Service Provider Partners will include, but are not limited to:
Exhibit C
• Set and maintain their own appointment schedule with clients; • Provide clients with access to transportation to fulfill their scheduled appointments, if needed;
• Agree to share service output and outcome information • Communicate Service Providers reservation conflicts with PROVIDER staff and management;
• Respect, maintain and keep clean Service Providers meeting Area • Respect and cooperate with PROVIDER staff, other service Providers and clients; • Participate in quarterly Service Partner Advisory Board meetings and provide input to the improvement of the Year -Round Emergency Shelter Program.
H. Good Neighbor Policy - Community Coordination and Communication
1. Communication and Coordination with Neighborhood, Businesses and Public PROVIDER is committed to communication with neighbors on an ongoing basis. As part of this commitment, prior to commencement of any services at the Year -Round Emergency Shelter Program, PROVIDER will facilitate a number of Community Forums, as needed. These Community Forums will provide opportunities to answer any questions members of the surrounding community might have on the operation of the Year -Round Emergency Shelter Program. PROVIDER will provide information to the public including wrap -around services offered and when services will begin.
In collaboration and partnership with the City, PROVIDER will utilize a grievance procedure and due diligence to ensure appropriate customer service response and will consider the resolution of community complaints as a high priority. A public inquiry phone and contact information will also be posted. Community stake holders may call this number for information about the site or to have any questions answered. The phone number will be retained as a resource for community members while the shelter is up and operational.
PROVIDER will also create and maintain a program website that will include important information for community stakeholders and clients alike. The website will include a "Frequently Asked Questions" section which will help to provide instant answers to community concerns. Additionally, the website will include a digital copy of PROVIDER's full "Good Neighbor Policy" and "Management and Operational Plan" to be made accessible to the public.
Visits by members of the community and tours of the facility will be available by scheduling an appointment with PROVIDER Staff.
PROVIDER will have program brochures available on -site as well as disseminate these resources to groups throughout the community. Information on the brochures will highlight the various services at the facility as well as criteria for admission and eligibility. Volunteer, in -kind and donation opportunities will also be listed for those who wish to support the program.
PROVIDER will use current media guidelines and appoint a lead to handle all media requests. The lead will be 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 PROVIDER 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.
Exhibit C
The intention of PROVIDER is to be as self-sufficient 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 array of difficult situations that may occur at shelter.
PROVIDER will provide an array of services and support that will be beneficial to local police and fire departments. During Phase I, these services include, but will not be limited, to:
• Security Officers stationed on -site
• Designated beds reserved each night for law enforcement referrals (including percentage set- aside for the host city)
• Staff Neighbor Patrol 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 to connect homeless individuals with housing opportunities • Statistical reports on number of clients served, length of stay and/or demographic information
Additionally, the Operator will meet with local law enforcement from the host city and surrounding police departments. Initially, it is suggested to meet once a month when shelter opens. Law enforcement will have the ability to bring forward operator non-performance directly to the County.
3. Communications and Coordination with City, County, and Service Providers Operation of the Navigation Center will be for the public good and to move the homeless Continuum of Care system, as a whole, forward. As such successful implementation of the Navigation Center will require the partnership of various stakeholders including the City, County and other Service Providers.
PROVIDER is committed to working cooperatively with numerous other service Providers, community, and government organizations to serve the needs of the homeless population in the City of Placentia.
In order to effectively manage and operate a robust Multi -Service Center when construction is complete, one that provides an array of services for the shelter clients, PROVIDER must demonstrate a strong openness to collaboration and willingness to engage other service Providers.
PROVIDER will ensure that its services are integrated with all county/community entities that support the needs of the client. Such entities may include the Veteran's Administration, Social Security Administration, health care agencies, mobile health and dental clinics, local churches, etc.
Additionally, PROVIDER will be responsive to and provide support to the City Council Members and the County Board of Supervisors as needed, in relation to the outcomes and operation of the program.
4. Policies for Community Involvement
PROVIDER will be committed to active participation in city and county -wide community events. To the extent that reasonable and feasible representatives of PROVIDER will attend meetings of the local Neighborhood Association(s) and local Chambers
of Commerce(s) when invited and communicate with neighborhood and business participants.
Exhibit C
Additionally, PROVIDER may sponsor special events, such as community resource fairs, which will include the community and the neighborhood on various occasions.
5. Policies for Neighborhood Patrol
A PROVIDER staff led Neighborhood Patrol will assemble on weekdays to patrol an area 1/4 mile around the shelter perimeter. The role of this patrol group is to collect litter, promote cleanliness, engage with neighbors, and enhance safety and cleanliness of the immediate vicinity.
Additionally, they will identify issues of loitering, unauthorized parking of client vehicles in the neighborhood, abandoned property, shopping carts and other blight. A log will be kept of the weekly patrols. The following actions will be completed by the Neighborhood Patrol:
• Litter and trash items on and immediately adjacent to the facility will be removed from the area and properly disposed of
• Clients found loitering will be issued a warning. Violations of this rule may cause a client to be exited from the facility
• PROVIDER will make a reasonable effort to encourage persons to move along and may call law enforcement for additional assistance on an as needed basis • Unauthorized parking of client vehicles in the neighborhood are subject to towing • PROVIDER will contact city designated shopping cart retrieval program to collect all shopping carts found that do not contain items of personal property • PROVIDER will follow city codes for removing personal property found in surrounding area • PROVIDER will work with law enforcement to have staff conduct outreach and engagement activities to homeless in surrounding community such as parks, river bottoms, etc.
I. Shelter Advisory Boards
Shelter Advisory Boards will be established and maintained to provide review of the operations of the Year -Round Emergency Shelter Program, 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 the Year -Round Emergency Shelter Program.
1. Composition of Boards
The Shelter Advisory Boards will be three distinct Boards representing different stakeholders and interests. The composition of these three boards will include:
Community Advisory Board
• Representative(s) appointed by the Orange County Board of Supervisors • Representative(s) appointed by the local City Council • Representative(s) appointed by the local Chief of Police • Representative(s) appointed by the local Neighborhood Association (if applicable) • Representative(s) appointed from the local business association or Chamber of Commerce • Representative(s) appointed by the local school district • Representative(s) appointed from local homeless outreach agencies Homelessness Client Advisory Board (no membership limits; • Open invitation to current shelter clients and graduates
Exhibit C
Service Partner Advisory Board (no membership limits)
• Open invitation to all Year -Round Shelter Service Provider partners
2. Meeting Schedule
All three Shelter Advisory Boards will meet quarterly (at minimum).
Ad Hoc meetings as necessary -a way for any member to agenize issue or rules to be able to call a special meeting.
3. Accountability and Grievance Process and Policies
In addition to providing input to the operation of the Year -Round Emergency Shelter Program, the Shelter Advisory Boards are also tasked with the on -going review of the PROVIDER's ability to effectively administer its Operational Plan and Good Neighbor Policies. In the event that a Shelter Advisory Board finds concerns over the PROVIDER's implementation of the program, the following processes and policies will be enacted to allow the PROVIDER to make corrective actions toward such grievances:
1) Once a grievance has been filed, PROVIDER and Advisory Board will create, at the meeting in which the grievance is filed, an action -plan to resolve the issues by the next regularly scheduled Advisory Board 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 PROVIDER 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 PROVIDER has not demonstrated or provided evidence of following the course of actions outlined in the plan, a formal complaint will be sent to the County for investigation and possible termination of the contract with PROVIDER.
The County shall have a plan for operation of the shelter if PROVIDER is terminated by the County, 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 Board of Supervisors.
Additionally, law enforcement will have the ability to bring forward operator non-performance directly to the County.
J. Safety Policies
1. Facility Maintenance
PROVIDER will keep a schedule for regular facility maintenance and cleaning. PROVIDER will contract with a janitorial service to provide daily cleaning services for all areas utilized by clients and weekly for office space.
Shelter Staff will rotate regular maintenance duties and inspections for minor repairs and replacements. Maintenance and cleaning forms are used to track the completion of each task and
Exhibit C
reviewed monthly.
PROVIDER will be responsible for staff training and performance in these duties.
The outside grounds will be 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 will be reported to the Program Manager for removal within 24 hours.
Any need for repairs will be reported promptly by staff to the Program Manager. Minor repairs may be completed by staff as trained. Major repairs are reported to the Program Manager of the Shelter.
Difficult repairs will be sent out to an approved list of vendors for bids, approval, and completion.
PROVIDER will be committed to maintaining a pest free environment throughout the premises. As such, no food will be allowed in the sleeping areas of the facility. Trash bags will be emptied daily in all areas. Inspection of client spaces and lockers will be conducted for any items that would attract pests. All staff will receive appropriate training for the identification of common pests as well as prevention and control measures. A Pest Control company will be contracted by PROVIDER and will come regularly to spray for bugs, check for infestation of pests, and perform other pest prevention or extermination treatments that will be seen on their visits or reported by staff.
2. Fire and Earthquake Safety
Evacuation Plan for Ambulatory and Non -Ambulatory Residents Shelter staff will be trained in protecting the safety of everyone in the facility. Staff will respond quickly and safely when an emergency, incident, or natural disaster occurs. Evacuation Routes and Exits will be posted in each major area of facility. An evacuation point outside will be designated.
In case of the need for evacuation, the present site leader during the emergency will notify all staff and clients to evacuate, call 911, and direct evacuation plan. Staff will be assigned to oversee the evacuation of clients in each work area. Staff will check client areas, assigns assistance to non - ambulatory and disabled persons, and leads 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, 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 is not 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 staff keys.
• Staff will contact the Program Manager or his/her delegate as soon as possible, if not on site. • Staff will report incident and procedure in Incident Report and staff shift notes as directed in shelter policy.
• Staff will report incident and procedure to the local fire authority, in accordance with kept Fire Watch Guidelines.
Exhibit C
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."
3. Fire Prevention Procedures
The Navigation Center will be approved by the Fire Department for all fire codes, sprinklers, alarms, and exits prior to service implementation. Emergency lighting will be installed both inside the facility and outside on the grounds for safety and in compliance with all codes.
No smoking will be allowed inside or outside the building within 20 feet of doors. A smoking section will be designated, and a sign posted in the enclosed patio area.
4. Fire Drills and Documentation
Fire drills will be conducted at least quarterly. Documentation of fire drills will be kept for three years in Shelter Management Files.
5. Fire Inspections and Extinguishers
The most recent annual fire inspection will be posted in a designated area of the Navigation Center facility and will be included in the Shelter Management files. Fire extinguishers will be hung in each area of the building as shown in facility plans and in evacuation plan. Fire extinguishers will be inspected and maintained per city and county requirement s. A certificate of the last most recent City of Placentia inspection will be posted in a visible designated area.
6. Earthquake Safety
Earthquake drills will be conducted quarterly by staff. The evacuation route and procedures may be the same as for other hazards. A client tally and search will be conducted once evacuation is conducted.
In case of an actual earthquake that causes damage to facility or grounds, the City of Placentia's Building and Safety Department will be called to inspect the facility as soon as safety permit s. Clients will be evacuated from building and transported to other shelter as needed.
K. Security Plan
PROVIDER will follow policies and procedures that promote utmost safety for clients, staff, volunteers, and the community and will strive to provide an atmosphere that promotes community, stays alert for signs of conflict, and confronts behaviors before they escalate.
1. Eligibility Screening
No person validated on the sex offender registry (Megan's Law) will be allowed to access the shelter property. Additionally, no felons with open warrants will be allowed to access the shelter property.
Exhibit C
The Shelter Operation will work cooperatively with the local police department and will utilize http:/ / ws.ocsd.org/ Arrest Warrants to screen clients for open warrants.
2. Secured Entrances
All clients will be required to enter the shelter in a coordinated, peaceful fashion. All clients will present identification upon entry. Clients without valid California identification cards will be given supportive services to secure a valid identification card.
All clients and their belongings will be greeted by security personnel, all clients will be asked to leave contraband in secure location (amnesty boxes). Contraband 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.
Clients will sign -in upon entrance and sign out upon exit from the premises.
3. On -site Security Personnel
PROVIDER will provide a sufficient number of trained security personnel to ensure the safety of clients and the surrounding neighborhood, 24 hours a day. Security staffing levels must be approved by the City of Placentia Police Department and adjusted as deemed appropriate by the Department. • Security will be on site at all times and will conduct security rounds of the facility as necessary.
• Security staff will conduct rounds both inside and outside the shelter to ensure maximum coverage.
• Security staff will be accessible and visible to clients, and survey facility for any potential concerns.
• Program and Security staff will have communication with each other via portable electronic equipment.
• Security staff will be contracted through a third -party vendor and staffed by PROVIDER.
Security guards will carry non -lethal weapons such as mace, batons and handcuffs. Vendor will ensure that all security staff will be regularly trained. • Security staff will receive "Homeless Sensitivity Training" through PROVIDER's resources.
Daily Recommended O
Derational Staff to Security Ratios
Shift Coverage
Time
Staffing Levels
Security Levels
Morning Coverage
7:OOAM-3:30PM
3-5 staff
1 Security Guard
Afternoon Coverage
3:OOPM - 11:30PM
3-5staff
1 Security Guard
Night/Sleeping Coverage
11:OOPM-7:30AM
1 staff
2 Security Guards
4. Security Equipment
Portable communication devices will be worn by staff.
Exhibit C
5. Security Lighting
Security lighting will be used both inside and outside the facility to highlight entrances and parking lot. A staff person will escort any persons to parking lot or security gate after sunset.
6. Loitering Policy
Clients will not be allowed to loiter in the surrounding neighborhood. Violations of this rule may cause a client to be exited from the facility. PROVIDER's Good Neighbor Policy will include regular checks of surrounding area to prevent and control loitering issues.
7. De-escalating Conflicts
All employees will receive training in communication techniques that de-escalate confrontations.
8. Entrance and Exit Procedures
All staff and clients will enter and exit through one main entrance and security check point. A portable communication device will be worn by staff for control of entrance and activity inside the building. All areas of the building will be locked when not in use. The building will be zoned so that clients will only have access to the areas which they need.
All clients will present identification upon entry and their person and belongings will be searched randomly by security. They will sign in upon entrance and sign out upon exit from the premises.
Clients will enter the property by shuttle. Clients will be escorted from the designated parking lot area shuttle drop off area to the shelter entrance.
9. Policy regarding storage of client's possessions
All clients will have access to limited personal storage space. Each client bed will have a small storage bin for personal valuables.
A limited number of outdoor storage bins will be available to clients through a reservation process.
A client who qualifies and requests their personal effects to be stored in these outdoor bins 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 property in their assigned bin, to its maximum capacity.
A client storage log will be signed at each visit to the storage area. The storage area may be accessed with staff supervision and only during assigned hours during the day.
All items will be stored for the length of the client's stay at the shelter. The right to store items may be revoked based on violation of rules and/or the management's discretion. Once a client has exited the shelter program, any personal effects may be stored for up to 7 days; after which, the property will be donated or disposed of. Clients who have exited from the shelter program must contact staff to set an appointment to collect their personal belongings.
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.
Exhibit C
No contraband items may be stored in the shelter. Contraband 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.
10. Policy pertaining to authorized/unauthorized search of clients' property by staff The Shelter staff will have the right to inspect all storage areas to ensure compliance with contraband policies.
When inspecting a client's possessions without them present, two staff persons will be responsible for the search. An Authorization Form will be signed by the client at time of entrance into facility when they place items into the storage area. When items are found in the client's possession that are not suitable for storage, clients can choose to have staff dispose of the item or client may store property off -site premises at their own cost.
11. Policy on Possession of Weapons On -Site
No weapons or objects which can be used as weapons will be brought into the shelter. All of a client's belongings that they are carrying on -site may be randomly searched upon entry and inspected for weapons and items that could be used as such. Anyone found with a weapon or dangerous material that can be used as a weapon will be asked to immediately dispose of the item or lock it up in an amnesty box. If they refuse, they will be required to leave the premises and neighborhood of the facility. Sharp objects such as tools or scissors will be stored in locked storage areas and not taken into shelter living areas.
All kitchen knives and sharp objects, hazardous materials, and cleaning equipment that could be used as a weapon will be kept in locked areas with only staff accessibility.
12. Procedure for Contacting Police
It is the intention of the PROVIDER 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 will be trained to properly manage and respond to an array of difficult situations that may occur at shelter.
In establishing a procedure for contacting police, PROVIDER will work 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.
Upon consensus, a 911 protocol will be established and followed. All staff members will be trained in these procedures. 911 may be called for any medical emergencies, violent behaviors that endanger others, and suicidal ideation.
L. Health Policies
1. Housekeeping Policy
PROVIDER understands and commits to maintaining hygienic, sanitary environments for the well- being of clients, volunteers and staff. PROVIDER's policies and procedures ensure that its facilities maintain an accessible, clean, safe, secure, and vector free environment. We will maintain written, standardized housekeeping procedures. Each procedure will be designed for the safety of staff and clients and for a consistent, high standard of housekeeping. Staff will be provided with training in these procedures, will be monitored in performance of the procedures, and evaluated on their
Exhibit C
effective use of them. Training may include education on any hazardous materials with which staff may come into contact when carrying out their assigned work tasks. The complete list of procedures will be included in a Shelter Policy and Procedures Manual and made available to all employees.
Outside janitorial staff will be contracted to assist in the maintenance and cleaning of the facility.
Thorough daily cleaning of all client areas including living quarters, dining areas, and common areas will be done using institution strength anti -bacterial products. Bathrooms, showers, and eating areas will be given priority attention. The dining areas will be cleaned according to strict health standards after each meal. Office space will be cleaned weekly by the contracted janitorial staff and as needed by Shelter staff and partner organizations using the space.
To prevent cross -contamination, clients will be required to store personal toiletries in plastic sealable bags on their beds when not in use. Clients will be assigned a set of linens at intake for their use while in the shelter. Clients will be encouraged to make their bed each morning. Linens will be turned in weekly to the linen vendor and new linens will be assigned.
All staff will practice universal precautions in handling of laundry, cleaning of facility, and general self -health care. Specifically:
Staff will wear appropriate protective garments (i.e. gloves) while completing tasks; Staff will use recommended disinfecting cleaning products for each area of facility; Staff will practice required handwashing procedures;
All laundry will be handled according to safety and washing procedures; Staff and volunteers will follow a set of Program Rules and Regulations for working when they are sick/contagious.
The outside grounds will be included in the housekeeping standards and schedule. The facility's outside spaces, parking lot, and green areas will be cleaned daily from debris and litter. Chairs and tables will be washed according to inside standards. Minor repairs of the facility and grounds will be completed by the Shelter staff. Any major repairs or work requiring specialized training will be completed by approved vendors.
The Service Partner agencies must adhere to housekeeping procedures as outlined in their MOU agreement. Service Provider Partners will be expected to respect and keep their areas clean after usage.
2. Service Animal Policies
Clients will be permitted to bring service animals to the shelter. Registered animals that have proof of current vaccinations in Orange County will be allowed at the facility if they do not have this registration, shelter staff will work with the client to obtain the necessary documents and vaccinations. Service animals will be permitted to stay in the shelter and living areas. In order to qualify as a service animal, a client must produce an official letter from a licensed physician stating that the animal is needed to help the disabled individual perform some of the functions and tasks that an individual with a disability cannot perform for him or herself.
The health and well-being of all service animals brought into the shelter will be the responsibility of their owner. Clients must feed and clean up after their animals, Shelter staff will not provide food.
Clients who are unable to care for or feed for their pets or cannot control them while at the shelter will be asked to remove the animals from the facility.
Exhibit C
3. Possession and Use of Controlled Substances
PROVIDER has a strict policy prohibiting the possession or use of alcohol or controlled substances at the Navigation Center premises by employees, residents, clients, and general public.
It will be the intent of PROVIDER 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 will be the objective PROVIDER 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 will be strictly prohibited and is contrary to the Year -Round Emergency Shelter Program's mission.
4. Policy for Drug Possession
Staff will have the right to refuse entrance to any client who is noticeably under the influence, exhibiting behavior that is inappropriate due to influence, or otherwise cannot follow the rules and expected behaviors of a client while participating in shelter activities. If alcohol, illegal substances, or paraphernalia are found in client's possession after they have completed entry paperwork and necessary security screenings, that client will be asked to dispose of the items, if they refuse they may be asked to exit the facility at the discretion of staff. They may be given a time frame of their next eligible readmission date. The illegal drug or alcohol will be disposed of and documented by two staff following written protocol in a Policy and Procedures Manual.
5. Security, Use and Access of Prescription Medications If a client has medications that must be administered throughout the evening/night or will be damaged by extreme heat or cold, they may retrieve them from a designated staff person. If a medication needs to be refrigerated, the medication will be packaged and labeled with person's name, bed number, and name of medication and placed inside a designated locked refrigerator.
A client who qualifies and requests their medications to be stored in a locked area must sign an Agreement Form and will have access to the medications as soon as possible by their request to the staff on duty. The client will be responsible for requesting and taking their own medications within the limits of how they are prescribed. Only the person whose name is on the medications will be able to retrieve them.
6. Client Use of Over -The -Counter Medications
Use and storage of over-the-counter medications follow the same policy and procedures of prescription medications.
7. Client Access to Emergency and Medical Care
Clients may have access to medical care at any time. Client should communicate to staff member on duty their need for medical care, if possible. Medical support may be accessed through local hospitals and visiting medical care Providers if they are on -site.
If a client requires first aid items, they may access them from a shelter staff member at the service desk. The staff member may assist the client in first aid care with the client's permission, as he/she will be trained, and using universal precautions.
Exhibit C
In case of a seizure, staff will be trained in appropriate safety precautions and will call support from 911 if seizure persists or causes bodily harm. If a client needs emergency or serious medical care, the staff on duty will call 911 and follow 911 procedures. In case of an injury, staff will not move the client. They will contact other staff, call 911, and if appropriate, check breathing and pulse and begin CPR if needed. One staff member or trained volunteer will attempt to keep the client comfortable and keep other clients away from immediate scene, while another staff member will wait for medical personnel, give medical personnel information about client, and direct them to client.
The Program Manager will be called as soon as possible. After a client emergency or incident has been controlled, the lead staff member will complete an Incident Report form which will be sent to the Program Manager and higher -level staff as needed.
8. First Aid Equipment, Supplies and Procedures
PROVIDER Staff will have first aid supplies available at all times. The first aid kit will be inspected monthly, updated as items expire, and re -stocked after each use. Staff members will be trained annually in universal precautions, first aid care, seizure, or Mental Health crisis. Any incident occurring at the Navigation Center requiring first aid will be documented in the daily report and an Incident Report will be prepared and sent to Program Manager and other higher -level staff as necessary.
9. Policies & Procedures for Disease Prevention
PROVIDER will have protocols for prevention and treatment of certain diseases and conditions such as seizures, diabetic episodes, mental health episodes, lice, bed bugs, influenza, tuberculosis, and other communicable and contagious diseases. Universal precautions will be maintained at all times in handling of fluids, client clothing, laundry, and in all cleaning of premises.
When an accident or injury to an employee or client occurs or when there has been damage to Shelter property, staff will follow a set protocol, which includes:
• Immediately contacting Supervisor about the situation • Dealing with any injuries
• Securing the accident scene by obtaining names, addresses, and phone numbers of witnesses if possible, taking photos if possible, and noting any unusual circumstances • Recording all necessary information to complete a formal report • Not accepting any responsibility on behalf of PROVIDER • Reporting all accidents or injuries within 24 hours to insurance carrier If a client shows symptoms of a contagious disease or other public health concern that might threaten another person, the client will be sent to the emergency room of a local hospital for diagnosis and treatment. If a client leaves due to disease, the bedding and client's clothes will be washed, bed cleaned, and bedding replaced on bed. Clothes and belongings will be stored in designated area and held for the maximum amount of time permitted. The Shelter will operate to conform to best health practices and concerns.
Universal precautions will be used for all handling of client possessions. Staff will follow hand washing techniques recommended by OC Health Department.
All staff will be tested for TB as required by OSHA standards and written in our Policy and Procedures
Exhibit C
handbook. If a client shows symptoms of tuberculosis, the client will be sent for medical diagnosis and asked to receive a TB test. All clients will be offered TB testing through the Medical Services on site as a community health benefit.
M. Food Policies
1. Provision of Nutritional Needs of Clients
PROVIDER will provide a breakfast, lunch and hot dinner to each client every day. A 3rd party food Provider will deliver meals. The on -site staff will work with the 3rd party Provider to ensure that meals will be nutritious and balanced.
We will include as part of our in -kind donation strategies, opportunities for food donations and partnerships with local food banks. We will also work with community and church partners and existing community meal service programs to offer opportunities to feed the homeless individuals at the shelter.
Tables will be set up for meals in the dining area of the Shelter at the scheduled meal times. Food will be served at designated times of operation for registered shelter clients only.
2. Meeting the Health Department Standards
PROVIDER and its Food Coordinator will meet all OC Health Department standards. Inspections will be completed by the Health Department and any changes will be made if indicated.
3. Provisions for the Sanitary Storage and Preparation of Food The Navigation Center will have limited space for storage of dry foods, refrigerated foods, frozen foods, and supplies. Separate refrigerator/ freezer space should be available for client medications.
PROVIDER will provide extra refrigeration and freezer appliances as needed to supplement safe storage of food, if space is available.
All storage areas will be cleaned on a planned schedule and outdated food will be disposed of. There will be a rotation schedule for storage and use of food in freezer, refrigerator, and dry goods pantry that maximizes use of food so that it does not become outdated.
N. Transportation Policies
The policies for travel to and from the Navigation Center will be designed to support client needs and minimize potential impact on the adjacent residential neighborhood and businesses.
The following transportation measures will be implemented:
1. Transportation Flow on and Off Property
PROVIDER will create a plan for safe and effective flow of traffic on and off the property based on the schematics of the shelter grounds and surrounding neighborhood. Considerations should include provisions for pedestrian, bicycle, personal transportation and shuttle services.
2. Pedestrian Traffic
The shelter will operate by bed reservation only and no walk-ins will be accepted. The clients will be expected to utilize the transportation options that will be provided to them by PROVIDER.
Exhibit C
No walk-up policy will be posted and disseminated throughout the community.
Any individual that does walk-up will receive information on how to make a bed reservation and be provided transportation to a self -directed location out of the surrounding area to return only when the established reservation protocol has been followed.
3. Bicycle Traffic and Parking
A bicycle rack will be provided in a secure outdoor area. Bike locks will be encouraged but are the responsibility of the client to obtain. Bus and shuttle transportation vehicles will be designed to transport bicycles to mitigate foot traffic to the facility.
4. Shuttle Transportation Services
Access to the shelter will be provided by shuttle transportation services. PROVIDER will work cooperatively with city and county officials, OCTA and other stakeholders to provide the most cost- effective means for providing transportation to and from the shelter.
It is recommended that there be up to three (3) designated pick-up locations that provide ample geographic range for qualified clients seeking shelter services. Locations will be selected by the host city/police department and/or in collaboration with neighboring police departments. PROVIDER will not drop-off/pick-up other than at agreed upon locations.
Daily shuttles (public if bus routes allow for drop off at site or private if this is required by location of the site) will be provided to transport all screened clients to the Shelter Site. Shelter staff will also conduct random checks of a 1 -mile diameter area to the shelter and drop-off/pick-up locations to enforce shelter rules and avoid loitering and homeless congregations.
To avoid, long term loitering at the shuttle pick up areas, clients may arrive at the Shuttle Stop fifteen (15) minutes before the shuttle departure time.
Drop-off/pick-up locations are an extension of the shelter and thus any violation such as loitering constitutes a violation of the shelter rules which will be strictly enforced.
The shuttles will provide a pick-up at 4:00 PM, transporting new and returning clients. Prospective new clients must be present at designated pickup locations at 4:00 pm or risk forfeiting their bed.
A second shuttle will provide pickups at 7:00 PM, transporting new clients on the daily waiting list and/or returning clients.
In the case of special circumstances, and only if arrangements have been communicated by the client to their Employment and Housing Navigator and/or bed reservation staff the prior evening, returning clients who are unable to return to the shelter at the designated time and utilize the second shuttle may use alternate public transportation to return to the Year Round Emergency Shelter Program.
Each morning, two shuttle services will be provided for clients who desire to leave the shelter for employment and other personal appointments. Scheduled times will be at 6:00 AM and 10:00 AM.
PROVIDER reserves the right to change the pickup band drop off times depending on client need.
5. Personal Vehicle Transportation and Parking
The Shelter parking lot will be available to Shelter staff. Volunteers, vendors, and community visitors
Exhibit C
may also park their vehicles in Navigation Center lot while at the facility.
Vehicles eligible to park in the Year -Round Emergency Shelter lot will be listed on the Vehicle Parking Form by license plate and client name. Vehicles in lot overnight must be registered on this log each night. Security staff will include the parking lot during security rotations.
PROVIDER also has the right to tow any vehicle found parked in undesignated areas outside the shelter in the surrounding neighborhoods.
6. Staff Transportation of Clients
Shelter staff members will not be permitted to transport clients under any circumstances in their personal vehicles. Only designated staff in shelter owned/operated or contracted vehicles may transport clients.
7. Delivery of Shelter Goods and Community Donations
Deliveries for shelter goods and community donations will be dropped off in a designated area. The planned location for these designated drop-offs will take into consideration pedestrian, bike and other vehicle traffic routes to minimize safety risks and impact to the shelter site and surrounding area.
It is anticipated that delivery of goods from contracted vendors will occur approximately 3 times weekly. The delivery of community donations by private donors will occur approximately 3 times daily during designated donation drop-off times. We anticipate that no trucks larger than 26' will be entering the property.
All deliveries of goods and/or donations will occur between the hours of 10AM-4PM; however, food will be delivered during mealtimes.
0. Financial Policies
1. Financial Requests from Clients
Financial requests from clients must be requested and received through their Employment and Housing Navigator and/or through Service Provider Partners if one is on -site. Clients will sign a designated log when they receive the requested item (bus pass, clothing/food voucher, etc.). All bus passes and/or vouchers must be kept in a locked safe in a locked office or closet at all times when not in use.
PROVIDER and/or any Service Provider partners may offer these financial assistance opportunities to clients, when available, and must establish priority levels and/or other fair means for distribution.
Neither PROVIDER nor any of our Service Provider partners will not be obligated to fulfill financial requests that they receive from clients.
2. Client Possessions and Funds
The Shelter staff will handle no client monies. Clients with funds that they keep while at the Shelter will be responsible for their security and safety. It will be encouraged by staff for clients not to have funds on site, and to store wallet, electronic devices, and any cash in appropriate locked storage.
PROVIDER will have a policy of not being responsible for lost or stolen items that is included in a Policy and Procedures Manual, listed in the signed Rules agreement, and read nightly when rules will be reviewed before intake.
Exhibit C
Clients will not be permitted to give cash to staff at any time, for any reason.
3. Annual Outside Audit
Contained in Operator Agreement with the City.
4. Financial Reports Review
Contained in Operator Agreement with the City.
P. Legal Policies
1. Policy for Compliance with Local Laws
PROVIDER will follow all OC Health Department, Fire Code requirements and other federal, state and local requirements. Provider will also have staff trained for food handling, CPR, fire drills and other disaster evacuation procedures. All employees will work cooperatively with local law enforcement to communicate any breaking of laws by clientele while on its premises. Additionally, Shelter staff and management will cooperate with law enforcement agencies on investigations for persons wanted for crimes as much as is possible while maintaining policies on client confidentiality.
City may request compliance, records, and or certificates at any time during the contract term.
2. Policy for Compliance with Labor Laws
PROVIDER will comply with all required labor laws. OSHA training and reviews will be done during staff meetings on a quarterly basis. OSHA flyers will be posted in administrative offices.
Our pay wages will be at or above minimum wage. Employee breaks, meals, and overtime will be monitored legally and compensated as needed. PROVIDER will be contracted with a company to examine any work injuries. The proper incident reports, Workmen's Compensation forms, and requirements will be completed.
Q. Non -Discrimination Policies
PROVIDER will adhere to a policy of non-discrimination, which will be stated in its Policies and Procedures Manual. No form of discrimination will be allowed in the provision of client care based on age, race, color, religion, sex, sexual orientation or gender identity and expression, marital status, geographic, national or ethnic origin, HIV status, disability, or veteran status.
1. Policy for Compliance with Americans with Disabilities Act PROVIDER will comply with appropriate standards of The Americans with Disabilities Act (ADA).
Staff will be trained about and will be cognizant of any physical disability upon entrance of the client and will assist as needed to conquer any barriers from the structure of the building. Staff will receive training to work appropriately with persons with disabilities. All persons will be treated with dignity, value, and worth.
2. Gender -Specific Programming Policy
Persons accessing the Navigation Center services will be identified by the gender identification for which they choose. Staff will provide beds to persons of gender identity, expression and sexual
Exhibit C
orientation with due regard to privacy and client rights. Bathrooms and showers will be constructed with equal privacy for all clients, regardless of sexual orientation, expression, or identity. All programs and services will be available with the dignity of all clients as highest priority.
3. Sexual Harassment Policy
All clients, volunteers, and employees should be able to coexist at the Navigation Center in a trauma informed care environment, free from sexual harassment and inappropriate sexual behavior.
The Shelter will have a zero -tolerance policy for sexual harassment and inappropriate behavior of a sexual nature. No sexual harassment will be tolerated by anyone on the facility grounds - including by staff, volunteers, or clients. Clients, staff, and volunteers will be notified if, within the sole discretion of PROVIDER's Management, any of their remarks, advances, gestures, or attire constitutes sexual harassment toward any person in the Year -Round Emergency Shelter facility.
Anyone who believes he or she has been the subject of any such behavior will be urged to report it to the staff or supervisor immediately. A report will be completed and taken to appropriate staff or supervisor for resolution. Reported incidents will be investigated on a confidential basis. Provisions will be instituted to guard the safety and emotional health of persons who have been victims of a reported incident. After proper review, a person found to have engaged in sexual harassment or inappropriate behavior of a sexual nature will be subject to disciplinary action including possible immediate exit from program or termination from employment.
4. Policy Regarding Sex Offenders
PROVIDER will maintain strict requirements for the safety of children and vulnerable adults. Staff and volunteers will be trained in sex abuse definitions, sex offender policies, child abuse, and vulnerable adult abuse. All employees must review this training yearly and be certified to have passed its standards.
PROVIDER will follow federal law requirements in reporting sex offenders. All clients will be screened for sex offenses through the National Megan's Law database. Screening will be conducted at the time of reservation; no potential participants with a registered sex offense will be allowed on the bus/shuttle or admitted as clients.
R. Confidentiality Policies
1. Personal Confidentiality
People seek help from emergency shelters at a difficult time in their lives. Their need for service and the help that can be given is determined through the sharing of factual and personal information. For this to be effective, every client must be able to trust that every staff member and volunteer hold confidential the shared information.
Therefore, PROVIDER and its staff will keep strict confidentiality practices as written in Confidentiality Policy. These practices include:
1) Fact of Participation: The fact that an individual is or has been a participant in the Navigation Center should not be disclosed except as may be specifically defined. Inquiries by visit, telephone or letter regarding a participant in the program should be answered with the statement that information as to whether a particular person is or has been in residence cannot be divulged; that if in fact the individual is in residence, they will be advised of the inquiry, and that, at their discretion, they will or will not communicate with the inquirer.
Exhibit C
2) Disclosure to Other Agencies: Disclosure of client information to other social service agencies, whether on a referral to or from the agency, generally may be permitted only with the person's written consent. Information is to be withheld where enjoined by law and whereby contract PROVIDER has agreed to maintain the confidentiality of client records (as under the Privacy Act.)
Disclosure of information relating to program participants should not be made to employers, credit agencies, unions or other similar organizations, except at the request, and with the consent of the participant.
3) Information to the Client: In some situations, it may be required by law to disclose to the participant information contained in his/her own case record. Information disclosed should be limited to that which is included in the formal case record. The formal case record should contain factual information, not counselor notes and observations. Information provided by other agencies should not be shared.
4) Law Enforcement Agencies: All requests for information regarding clients originating from law enforcement agents should be referred to PROVIDER's Chief Program Officer. Before any action is taken on any legal request, a staff member or program manager should contact their Legal Department as there are boundaries in place to determine the sharing of information with law enforcement personnel according to its policies on client confidentiality (as stated in the PROVIDER's Policy Manual) and applicable law.
When an arrest warrant or a search warrant has been issued by a court after a showing of probable cause, if such a warrant is presented to the facility relating to a client in the residence, staff will cooperate with the law enforcement agency in making the arrest or the search, preferably in a manner which will involve the least disruption of the program at the facility.
5) Written Consent: If there is any doubt as to whether client information should be disclosed, the consent of the client should be first obtained, except as otherwise required by law. The consent will be in writing on a Release of Information form and should identify the information to be disclosed, the person or agency to whom it will be disclosed, and the purpose of the disclosure, and the period of time during which authorization is granted. 6) Abuse Reporting: PROVIDER and its staff will comply with all state and municipal laws requiring reporting to governmental agencies of instances of child abuse, domestic violence and elder abuse. Staff will report any suspicion or evidence of child abuse or vulnerable adult abuse according to law's requirements. All staff persons at the shelter will be mandatory reporters. An incident report will also be completed and submitted to the Program Manager and any higher- level staff as needed. All staff will be trained at time of hire to spot signs of abuse and to properly document and report it. Training will be repeated annually. 7) Harm to Self or Others: If a client at the shelter program shares with a staff person a viable threat to do harm to self or another, the terms of confidentiality can be revoked, as in the case of suicidal or homicidal admittance.
2. Database Confidentiality Policies
Only trained Intake staff, Employment and Housing Navigators, and management staff will be
Exhibit C
authorized to access the HMIS Database. Each staff person will have a separate password for entry.
Staff is only to use computers that are authorized and HMIS compliant. No persons without a username and password set up by PROVIDER's IT department should have access to staff -only computers.
3. Exceptions to the Confidentiality Policy
All clients will be informed that when the law requires Management to disclose client -related information, such as to prevent danger to self or others or to report child and elderly/vulnerable adult abuse, Staff will do so.
S. Grievance Policies
The grievance procedure will be applicable for any conflicts or disagreements between clients and clients and clients and staff. For example, the grievance process may be employed to address disruptive behavior or appeal incorrect formal action. However, in no way does the grievance procedure suspend the rules or consequences established in the Shelter Rules signed upon entering the program. Clients will have the right to file a grievance without the fear of harmful repercussions from staff or other residents. Clients will also be given the opportunity to provide feedback in a more informal manner with a suggestion box, feedback surveys, and during regularly scheduled "house" meetings.
Clients must first submit a grievance with the PROVIDER, after the PROVIDER has responded to the grievance if the client is unsatisfied or has new evidence then they can submit a grievance to the City of Placentia utilizing the City's grievance form.
1. Receiving and Posting
The Grievance Procedure should be clearly posted in the Policy and Procedure Manual and available at the shelter facility. A client will be given a copy of the grievance procedure when a conflict has occurred that cannot be resolved satisfactorily between the client and a staff person or another client, or the client has a complaint about an event that occurred at the Shelter involving that client. The Grievance Policy Form will be read by the client and signed.
2. Meeting with Staff
Once received, staff will decide at the earliest regular staff meeting which grievances warrant a meeting. If needed, a formal grievance meeting will be called, headed by the Program Manager or their assistant. Prior to this meeting, the client defendant will be given a copy of the grievance so he/she may prepare to respond to the grievance.
At the grievance meeting, the plaintiff will begin stating his/her case. The defendant will then respond. All present will be allowed to ask questions of either the plaintiff or defendant. The burden of proof rests with the plaintiff. All decisions will be binding and after the formal grievance procedure has been completed, staff and residents will be expected to regard the matter as settled and in the past.
If a client expresses a concern or makes a complaint concerning their involuntary discharge, he/she may take the following steps:
• The client may request to discuss the matter with the Program Manager, who will make a decision on any corrective action required within the boundaries of his/her authority. When appropriate the Manager will notify higher -level staff.
Exhibit C
• If the client is still unsatisfied with the outcome, he may submit a request for intervention to the PROVIDER Chief Program Officer, who will acknowledge receipt within a reasonable time frame. The Chief Program Officer will take any corrective action required within 10 days and inform the client, in writing, of the resolution.
• Clients have the right to ask assistance of another person to speak on their behalf, or to help fill out a grievance form.
• Client grievances will be reported in monthly program reports. The Executive Director or other PROVIDER executive staff member entity review all grievances quarterly and/or annually, providing a level of review that does not involve the client about whom the complaint was made or the person who reached the decision.
• Grievances and resolutions should be documented in client file and incident reports
3. Whistleblower Policy
Clients should have several ways in which they may share a grievance - verbally or written, anonymous or through a third party. A suggestion and grievance box will be available in the common area and will be checked weekly by staff.
Confidentiality will be strictly kept between the person making the complaint and the Program Manager which will withhold information internally to the extent prudent where a complaint involves a staff member or volunteer. The Grievance Procedure will be clearly posted in the Policy and Procedure Manual and available at the facility.
SECTION II. STAFFING AND MANAGEMENT PLAN
A. Staff Policies
1. Hiring Policy
PROVIDER is an equal opportunity employer. A copy of its applicable Equal Opportunity and Affirmative Action Policy will be available in the Employee Handbook and through the Human Resources department of the Administrative Offices.
All staff positions and newly hired staff will be approved by the Program Manager and Directors and will be thoroughly vetted through a new hire process as outlined below.
2. Screening Procedure
Position openings will be posted on various employment networking websites. Potential applicants will be screened through a two-step interview process.
3. Acceptance Procedure
A completed application packet and staff letter of recommendation will be sent to the head of the Human Resources Department who conducts a thorough background check. Every potential applicant will be screened for active warrants, violent felony convictions, sexual offenses which require registration, and legal ability to work. Staff who will be in direct contact with clients will also be required to complete Tuberculosis screening as well as training for mandated reporting policies.
The applicant must successfully complete all screening requirements before they will be able to begin working directly with clients.
Upon hire, the new employee will sign a job agreement form and will be provided a job description informational sheet for their records. They will also attend a general orientation program led by the
Exhibit C
Head of the Human Resources Department. This orientation will cover important topics, such as but not limited to, sexual harassment policies, and appropriate interactions with co-workers, volunteers, and clients. Training places a heavy emphasis on appropriate conduct between staff and clients will be expected to adhere to these practices when interacting with clients. Program Managers complete a more lengthy program -specific orientation process.
4. Staffing Policies for Safe Humane Environment — In this section PROVIDER to provide detailed staffing plan and include position titles, educational background, qualifications responsibilities, and number of staff. See example of narrative below.
The Navigation Center will be staffed to provide the safest, most dignified environment for all clients.
All staff will be easily identifiable and will be required to wear PROVIDER - Approved shirts as well as name tags while on site.
It is recommended that a total of 9 full- time staff and up to 5 part-time staff at the Year -Round Emergency Shelter Program. Staff will be scheduled to optimize safety of staff, volunteers and clients and to provide optimal coverage during hours of high volume. 1 (1 FTE) Associate Director -The Orange County Associate Director of Navigation Center and Services will be responsible for the performance of all Year -Round Emergency Shelter Program, Services, and Outreach Activities in Orange County. Their primary responsibilities include program management, development, and community relations, which includes supervising the staff and operations of the Year -Round Emergency Shelter Program. They will oversee scheduling and coordination of Shelter sites and services, implement new services, and assist in various aspects of staffs duties."
All Shelter operations and staff will be supervised by the full time Associate Director of Navigation Center and Services. The Associate Director will be a full time, salaried position with an associate degree and at least 2 years of direct life experience working with long-term homeless, low income, and diverse populations. The Associate Director will be responsible for coordinating program services for the Year -Round Emergency Shelter Program. Primary responsibilities include supervising support staff. This position may require the transportation of supplies. This position will report directly to the Chief Program Officer."
Four (4 FTE) Case Managers: The Case Managers will have a background in substance use services, peer support, and/or workforce development to enhance the supportive services offered on -site. We aim to hire staff with a variety of backgrounds to help connect with the residents on site in a meaningful way.
Four (4 FTE) Employment and Housing Specialists: The Employment and Housing Specialists will provide residents with intensive housing- and employment -focused case management. They will also engage with the area businesses and landlords to establish relationships and generate opportunities for residents.
One (1 FTE) Operations Associate: The Operations Associate will provide general operations and maintenance support as well as lead the weekday 1/4 mile walks around The Center.
Two (1.5 FTE) Transportation Specialists: The Transportation Specialists will pick-up and drop-off residents at pre -determined points on the designated schedule. When not transporting residents, he/she will pick-up meals or food donations.
Two (2 FTE) Clinical Case Managers: The Clinical Case Managers have more experience in providing intensive case management services (ICMS) and supporting residents with mental health concerns. They will offer clinical groups on -site and support residents with securing and
Exhibit C
attending mental health appointments.
One (1 FTE) Volunteer Coordinator: The Volunteer Coordinator will recruit, enroll, train and manage Center volunteers as well as solicit and manage donations.
Volunteers will assist with daily ongoing operations of the shelter as needed. Volunteers will be needed 7 days per week to help both in the evening up to 8 volunteers (5-8 pm, morning hours up to 4 volunteer (5-1O am) and mid -day hours up to 10 volunteers (11-4). Volunteers will be assisting with set- up, clean-up, preparing and serving meals, intake, laundry, daytime activities, reservation calls, administrative duties and donations.
Volunteers will be assigned to duties that are appropriate for their age and activity level. It is important that volunteers be reliable, and that staff treat them as a vital component of shelter operations.
All the positions requirements and descriptions will be available in the Shelter Operator's Human Resources Department and will be also made readily available to all staff. Please see attached job descriptions.
Draft Daily Staffing
Security
11:00 p.m. - 7:00 a.m.
Security
11:00 p.m. - 7:00 a.m.
Employment/Housing Navigator*
7:00 a.m. - 3:30 p.m.
Employment/Housing Navigator*
8:00 a.m. - 4:30 p.m.
Volunteer Coordinator
9:00 a.m. - 5:30 p.m.
Security Lead
7:00 a.m. - 3:30 p.m.
Employ/ Housing Navigator*
3:00 p.m. - 10:30 p.m.
Employ/ Housing Navigator*
4:00 p.m. - 11:30 p.m.
Security
3:00 p.m. - 11:30 p.m.
Operations Manager
9:00 a.m. - 5:00 p.m.
* Case Management staff will support on evenings and weekends **Associate Director will have a flexible schedule offering day and/or night support throughout the week as needed
B. Policies for Staff Training
All Navigation Center staff will be trained when hired in emergency evacuation, first aid procedures, mandated reporting policies, crisis intervention, and CPR procedures. This training will be repeated and updated annually and as needed. PROVIDER requires initial and ongoing staff training on the operations of the site as well as a variety of therapeutic interventions and Evidence Based Practices.
Trainings include Non -Violent Crisis Intervention, Harm Reduction, Motivational Interviewing, Cultural Competency, Trauma Informed Care, Gender Sensitivity Training, Mental Health First Aid, Domestic Violence and Seeking Safety. Other training may be implemented based on the needs of the client population.
Each staff member also receives on -going in-service training in crisis management. Staff will also be trained in Strength Based Approaches and positive communication skills. Each staff member will be required to attend annual training to update and improve their knowledge. Documentation of training will be kept in each employee's file by the Associate Director and is provided to the Director of Human Resources for filing, when appropriate.
Security staff will be provided sensitivity training to better equip them to work with homeless clients, and those in crisis.
1. Emergency Procedures - Evacuation, First Aid, and CPR, 911 Reporting Navigation Center staff will be trained in fire, earthquake, and chemical spill evacuation procedures when hired and annually. Evacuation drills with all staff and clients will be held and recorded quarterly. Evacuation protocols will be recorded at the Service Desk for reference.
Evacuation maps will be posted throughout the facility. All staff will be trained in first aid and CPR procedures annually. 911 reporting will be taught in orientation and reviewed annually. CPR certificates will be kept in staff files. Universal precautions will be followed.
2. Safety Conduct - Prevention of Abuse, Crisis Intervention, Conflict Resolution PROVIDER will have a required training program in prevention of child abuse, vulnerable adult abuse, child abuse reporting, and sexual harassment titled. Each staff will complete this training program annually. Certificates of completion will be recorded in Human Resource files.
Navigation Center staff will complete a course in conflict resolution and crisis intervention (non- violent crisis intervention) upon hire and annually. Documentation of completion will be recorded in staff file.
3. Appropriate Behavior for Dignity and Respect
Operations, Program, Administrative and Management staff will be trained in a Strengths Based Perspective model (including Trauma Informed Care) of client care. They will be trained regularly, including at time of hire, on the best methods of working with, treating, and responding to clients who have had difficult and traumatic life experiences. Each staff member will be expected to put these models to use in every interaction they have with clients and potential clients. Staff members will be offered training regularly and expected to participate actively. Notice of completion will be recorded in staff files, and each staff member should have access to this information in the readily - available staff handbook.
4. Communication
Shelter staff will undergo classes in communication skills - such as handling phone calls,
confidentiality policies, crisis management and de-escalation of conflict. The communication skills will be reinforced through practice and reviewed at regular staff meetings as warranted. Courses covering topics such as communication skills with mentally ill persons, receptionist skills, communication with difficult people, and conflict resolution will be completed. This training should be done at least monthly and will provide more often, and individually, as needed.
5. Resources and Referrals
Operations, Program, and Employment and Housing Navigator Staff will be oriented to resources, homeless services, and organizations for collaboration and referral. They will also be highly trained staff to connect clients to the Coordinated Entry System, as a system designated Entry Point. Staff representatives will attend the Homeless Provider Forum, Case Management Forum, and Implementation Committees for the Ten -Year Plan to End Homelessness in Orange County.
Resource lists will be updated monthly and kept on -site.
Protocols for offering and accepting referrals from other agencies will be in place, reviewed by staff, updated, and kept in manual on -site.
6. Mental Health and Addiction Skills
All Program staff will be trained in mental health first aid. There is a general expectation for all PROVIDER staff to remain compliant and informed of any new mental health first aid procedures and regulations. Staff will be trained in symptoms of drug abuse, and referrals for treatment.
Recovery programs will be encouraged, and off -site referrals will be made as appropriate.
Though sobriety will be not a requirement to stay in the shelter or participate in services, clients will be expected to be able to practice self -care, follow all rules and regulations, and behave appropriately and respectfully toward staff, volunteer, and other clients. Drug use while at the shelter will be prohibited and will result in immediate exit from the program.
7. Self - Care
Regular staff meetings will be held for all staff. Part of the purpose of these meetings will be communication and processing of stressors while working in the difficult environment of a large- scale Year -Round Emergency Shelter Program. Staff will be welcome to participate in team -building activities throughout the year, including holiday parties, and events with co-workers.
All staff will be trained in effective communication with coworkers and in proper techniques to address coworker harassment and stressors and will be made aware of the importance in practicing self -care. Staff will be informed of an open-door policy with supervisors and the Director of the Human Resources department.
8. Annual Staff Evaluation and Training Plan
All staff will be evaluated by their direct supervisor at 90 days from their hire date and at quarterly intervals. The evaluation form will be stored in the employee file held at the Human Resource office.
9. Documentation of Staff Training
Attendance of and participation in staff training will be recorded in each staff file by the Associate Director. Training required by all staff members will be also recorded in the Human Resources file to ensure each member's knowledge and information will be up-to-date.
C. Volunteer Policies
1. Selection, Screening, and Background Checks
The Navigation Center Volunteer Coordinator will actively recruit through a variety of sources, including schools, church groups, and community programs. Volunteer Coordinators will hold regular Volunteer Recruitment events in order to increase the number of volunteers that serve at the Year - Round Emergency Shelter Program.
Individuals as well as groups will be invited to volunteer at the shelter. It is recommended that children 13 and older will be able to volunteer, however they must be accompanied by an adult or legal guardian and both adults and guardians must be registered to volunteer on the day they appear.
All potential volunteers will be screened for sex offenses and criminal background checks before being confirmed for volunteer duty.
2. Orientation and Training
PROVIDER will include a Volunteer Coordinator position(s) in its staffing plan to support volunteer coordination efforts at the shelter. The Volunteer Coordinator will handle scheduling, orientation and training of the volunteers.
Before beginning service, volunteers will be provided an Application and Agreement that includes information about volunteer duties, appropriate conduct with clients, staff, and other volunteers.
Each volunteer will be required to sign this Agreement before they will be assigned a duty at the shelter. Volunteers who do not agree with the requirements or refuse to sign will not be assigned a duty and will not be able to volunteer at the shelter.
Volunteers will sign up for an open position, time and date using online volunteer scheduling software. Volunteer Coordinators will call and confirm volunteer's date and time and to provide them with the location of the shelter and any necessary important information.
Volunteers will be trained on -site at tasks by the Volunteer Coordinator on duty. Any tasks that require a trained staff member will be supervised by that staff member to ensure accuracy and cleanliness.
Volunteers will be given opportunities to attend community forums and events training about community resources and network with other community agencies.
Volunteers will be expected to adhere to a strict code of ethics and standards. violation of this code will be removed from the facility and may be limited in opportunities.
to receive more
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future volunteer
The volunteer code of ethics includes the following:
a. Each volunteer must maintain a firm commitment to professional conduct Volunteers of the Navigation Center will be expected to maintain the highest level of moral, ethical, and professional conduct while at the site. Volunteers will not engage in verbal abuse, inappropriate jokes and stories, and or any type of inappropriate interaction with Navigation Center staff or clients. b. Limiting Relationships with Clients
Volunteers will be prohibited from developing dual relationships with any clients they meet through their volunteer involvement at the Year -Round Emergency Shelter Program. Examples of dual relationships include (but will be not limited to) a volunteer entering into a business, romantic, or sexual relationship with a client. Soliciting clients for their business will be strictly prohibited.
Volunteers will be not allowed to be named as having authority to make decisions for a client under any type of power of attorney or other legal procedure. c. Food and Other Substances
Volunteers will not consume any food items or drinks purchased by the Navigation Center while volunteering. Food and drinks will be purchased solely for the consumption of the homeless clients.
However, donated food may be shared for purposes of client engagement (i.e. Having meals together reduces the feeling of institutionalization). Volunteers must also commit to not consuming any type of illicit drugs on the property while volunteering. Volunteers who appear to be under the influence of any substance that impedes their ability to perform their duties safely and efficiently may be turned away.
d. Discrimination
Volunteers will not discriminate against any client. They will not judge an individual based on their race, disability, religious preference, sexual orientation, color, age, veteran status, citizenship, ancestry, national origin or gender.
e. Volunteer Boundaries
Volunteers will be not permitted to loan or give money to clients, should not meet with clients outside of the Navigation Center without permission from program staff, and will be not allowed to drive clients in their vehicles.
f. Commitment
The Navigation Center will be reliant upon the work of volunteers. This commitment should be taken seriously.
3. Identifiable Lines of Authority
Volunteers will be informed of identifiable lines of authority in their Application Packet.
Volunteers will defer to the Volunteer Coordinator on duty to give resources, referrals, and handle situations beyond their responsibility and volunteer agreement.
Volunteers will also have access to the Associate Director or lead staff member on site, for questions and grievances.
All volunteers will be provided with a name tag identifying them as such.
4. Descriptions of Volunteer Tasks
The Navigation Center Volunteer Coordinators will ensure all volunteers will be provided with a task and description of any duties they might perform. Tasks and duties include, but will be not limited to:
• Setting up and breaking down tables for dinners and breakfasts • Distributing donations and hygiene items
• Organizing and setting up donations of clothing
• Helping direct lines to donations and food
• Serving meals, setting up snacks and drinks for clients • Conducting activities related to site programming
*Please note that the Management, Operations and Public Safety Plan is subject to change based on the needs of clients, Fire and Emergency services, City and site operator.* SECTION V. ATTACHMENTS - PROVIDER TO COMPLETE THIS SECTION
PROVIDER TO ADD THE FOLLOWING INFORMATION AS ATTACHMENTS A. Job Descriptions
B. Shelter Client Rules
C. Volunteer Policies
EXHIBIT B
INSURANCE REQUIREMENTS
A. Minimum Scope and Limits of Insurance
City reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance, including any extension thereof, of this Agreement.
Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement, including any extension thereof, all of the following minimum scope of insurance coverages:
1. Commercial General Liability Insurance
Broad -form commercial general liability, with coverage at least as broad as the most current version of ISO Commercial General Liability coverage form CG 00 01, in a form at least as broad as ISO form CG 00 01 04 13, and shall include insurance for premises and operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury and personal and advertising injury with a policy limit of not less than Five Million Dollars ($5,000,000.00) per occurrence and Ten Million Dollars ($10,000,000.00) general aggregate. The aggregate limit, encompassing the above coverage, shall apply separately to this project/location. If Contractor maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor.
2. Business Automobile Liability Insurance
Business automobile liability for all owned, hired, leased, and non -owned vehicles at least as broad as the most current version of ISO Business Auto Coverage Form CA 00 01, with a policy limit of not less than Five Million Dollars ($5,000,000.00) combined single limit per accident. If Contractor maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor.
3. Workers' Compensation and Employer's Liability Insurance Workers' compensation insurance as required by the State of California and Employer's Liability Insurance with a minimum limit of Three Million Dollars ($3,000,000.00) per accident for any employee or employees of Contractor. Contractor agrees to waive and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; its officers; officials; agents; employees; and volunteers for losses arising from work performed by Contractor for the Cities and to require each of its
subcontractors, if any, to do likewise under their workers' compensation insurance policies.
By signing this Agreement, the Contractor acknowledges and agrees to the following:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of this Agreement, complete workers' compensation insurance, and shall furnish a certificate of insurance to the Project Manager before execution of this Agreement by the City. The Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; its officers; officials; agents; employees; and volunteers shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this Section.
4. Professional Errors and Omissions ("E&O") Liability Insurance Professional errors and omissions ("E&O") liability insurance on an occurrence based policy with policy limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00) policy aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. The retroactive date must be shown, and this date must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work. If coverage is canceled or non -renewed, and not replaced with another policy form with a retroactive date prior to the contract effective date, the Contractor must purchase "extended reporting coverage" for a minimum of three (3) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Project Manager for review. If Contractor maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor.
5. Sexual Abuse and Molestation Liability Insurance
Sexual abuse and molestation liability coverage with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00) general aggregate. If Contractor maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor.
6. Standards for Insurance Companies
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commission to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide.
B. Documentation and Other Provisions
1. The commercial general liability insurance policy, business automobile liability policy, and sexual abuse and molestation liability policy shall be endorsed to contain the following:
The Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; its officers; officials; agents; employees; its officers; officials; agents; employees; and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied, or used by the Contractor; and automobiles owned, leased, hired, or borrowed by the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance at least as broad as one of the following ISO ongoing operations forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.
2. Said policies shall not terminate, nor shall they be cancelled or coverage reduced, without at least thirty (30) days' written notice to the City. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any cancelled policy or reduction in the required coverage limits, the City may procure such insurance at Contractor's sole cost and expense.
3. The Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; its officers; officials; agents; employees; and volunteers. Any other insurance maintained by the Cities shall be excess and not contributing with the insurance provided by this policy.
4. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; its officers; officials; agents; employees; and volunteers.
5. Defense fees and costs shall not deplete the limits of any insurance provided under this Agreement.
6. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
7. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure the Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; its officers; officials; agents; employees; and volunteers are additional insureds on insurance required from subcontractors.
8. Contractor agrees to waive, and to obtain endorsements from insurers waiving,
subrogation rights against the Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; its officers; officials; agents; employees; and volunteers for losses arising from work performed by Contractor for the Cities and to require each of its subcontractors, if any, to do likewise under their insurance policies.
9. Coverage shall be on a standard occurrence form. Claims -made forms are not acceptable. Modified, limited, or restricted occurrence forms are not acceptable.
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928
AGREEMENT BETWEEN THE CITY OF PLACENTIA
AND THE COUNTY OF ORANGE
FOR THE CAPITAL IMPROVEMENT OF A HOMELESS SHELTER
THIS AGREEMENT #18 -23 -0058 -HEAP ("Agreement") is made and entered into this 22nd day of January 2019 ("Effective Date"), by and between the City of Placentia, with a DUNS #040504417, a California municipal corporation (hereinafter referred to as "City") and the County of Orange, a political subdivision of the State of California, (hereinafter referred to as "County").
The City and County may be referred to herein individually as a "Party" or collectively as the "Parties."
RECITALS
WHEREAS, County's Continuum of Care ("CoC") Board solicited proposals to award contracts utilizing funding from the State of California's Homeless Emergency Aid Program ("HEAP") for emergency services, rental assistance or subsidies and capital improvements; and WHEREAS, City responded to the solicitation and was subsequently recommended for funding to acquire a facility with the intention of creating a minimum of 80 beds for homeless shelter to serve the CoC's North Service Planning Area in Orange County; and WHEREAS, City has agreed to identify a site within geographic area of the city of Placentia for the identified purpose in this Agreement to be approved in writing by the County ("Site"); and
WHEREAS, on or about January 7, 2019, County by and through Orange County Community Resources executed the State Standard Agreement 18 -HEAP -00026 accepting the award of HEAP funds provided under the HEAP program. The State Standard Agreement is attached hereto as Exhibit 2 and is incorporated herein by reference; and WHEREAS, the City was awarded up to $5,650,000 toward HEAP eligible capital improvement costs of the Site (the "Funds.")
WHEREAS, City and County now desire to enter into this Agreement to establish responsibilities for the purchase and control of the Site.
NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants and promises herein contained, the Parties hereto agree as follows:
Exhibits:
This Agreement is comprised of this document and the following Exhibits, which are attached hereto and incorporated by reference into this Agreement:
Exhibit 1: North Service Planning Area
Exhibit 2: State Standard Agreement 18 -HEAP -00026 and State standard Agreement Amendment
Exhibit 3: Drug -Free Workplace Certification
Exhibit 4: Declaration of Restrictive Covenant and its attached exhibits
DocuSign Envelope ID: OF657958-C880-4245-9E78-8F16BF4B7928
1. ACQUISITION AND REHABILITATION OF THE SITE
City is in the process of identifying and/or purchasing the Site, within the geographic area of the city of Placentia, for the purpose of this Agreement.
1.1 The City shall perform all HEAP eligible capital improvements to the Site and use the Funds, in a manner consistent with the federal, state and local laws including but not limited to applicable procurement requirements and the requirements set forth in State Standard Agreement 18 -HEAP -00026 attached hereto as Exhibit "2".
1.2 The City warrants that Funds cannot be used for costs associated with activities in violation of any law or for any activities inconsistent with the intent of the HEAP and the eligible uses identified in Health and Safety Code Section 50214.
1.3 City shall be responsible for acquiring and complying with all necessary land use approvals and permits, and licenses required for the acquisition, renovation, and/or operation of the Site including but not limited to those necessary to perform design, construction, or operation and maintenance of the Site. City shall provide County copies of all the permits, and approvals upon request of the County.
1.4 Except as otherwise agreed upon by the Parties, the City shall control the management and operation plan for the Site. The City shall operate the Site as a year-round emergency homeless shelter for a minimum of ten (10) years from the execution of this Agreement and provide at minimum, Services as identified in this Agreement for the said duration, after which the City may use the Site for any use, in its sole and absolute discretion ("Term of the Agreement").
1.5 For the purposes of this Agreement, the Site shall serve eligible participants. Eligible participants are defined as a person/household who is considered to be homeless only when he/she/they lack(s) a fixed, regular and adequate nighttime residence and reside(s) in a place not meant for human habitation, such as cars, parks, sidewalks, abandoned buildings, motels, or other shelters, or for reference as further defined in 24 Code of Federal Regulations (CFR) Part 578.3 and 576.2.
2. COST SHARING BETWEEN THE PARTIES:
2.1 County shall provide up to Five Million, Six Hundred Fifty Thousand ($5,650,000) (i.e. Funds) toward HEAP eligible capital improvement costs of the Site. The eligibility of the capital improvements shall be determined pursuant HEAP 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.
DocuSign Envelope ID: OF657958-C880-4245-9E78-8F16BF4B7928
2.2 County shall make payments to City within thirty (30) days of receiving invoices from City on 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 funding 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 HEAP 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. CITY RESPONSIBILITIES:
3.1 Within fifteen days (15) of the identification of the Site, City must provide the County with the address and legal description of the identified Site, owned or to be owned by the City, to be approved by the County in writing. County may not unreasonably withhold the approval of the Site.
3.2 Upon identification of the Site, and compliance with the provision of the Site address and legal description, as required under Section 3.1, above, the Parties shall finalize for legal recordation the attached Exhibit "4" titled Declaration of Restrictive Covenant ("Covenant"), incorporated herein by reference. The City shall execute, and record the Covenant either at the close of escrow, if purchasing the Site, or within fifteen 15 days after identification of the Site if currently owned by the City. 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 close of escrow on the Site or identification of the Site currently owned by the City as applicable. Failure to record the Covenant will result in the recapture of the Funds.
3.3 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.
3.4 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.
DocuSign Envelope ID: OF657958-C880-4245-9E78-8F16BF4B7928
3.5 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 medicaVrnental health emergencies of participants. In the event the City procures a firm to operate the Site, 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.
3.6 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-OC HMIS standards or any amended HMIS standards as amended from time to time.
3.7 City shall collaborate with County on the County's Coordinated Entry System and other Continuum of Care services.
3.8 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 governmental agencies to minimize the impact of the shelter program on the surrounding neighborhood.
3.9 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.
3.10 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.
3.11 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.
3.12 The City shall provide the following agreed upon services including but not limited to ("Services"):
3.12.1 Provide a minimum of 80 shelter beds at the Site to serve the homeless population in the North Service Planning Area in Orange County as defined in Exhibit "1," which includes all unincorporated County areas within the boundaries of the North Service Planning Area as depicted on Exhibit "1".
DocuSign Envelope ID: OF657958-C880-4245-9E78-8F16BF4B7928
3.12.2 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.
3.12.3 Operate the Site 24/7 (24 hours per day, 7 days a week).
3.12.4 Provide an engagement rich environment to provide eligible participants, as defined in Paragraph 1.6, 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 "1".
3.12.5 Provide case management services, rental assistance, and access and/or referrals to mental health and social services designed to reduce homelessness.
3.12.6 Provide any other additional services as reasonably necessary to comply with the HEAP funding requirements.
3.13 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, 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 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 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
DocuSign Envelope ID: OF657958-C880-4245-9E78-8F16BF4B7928 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 ackrzowledges 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 -HEAT -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
OC Community Resources
Housing and Community Development
and Homeless Services
1300 S. Grand Ave., Bldg. B, 3`a Floor
Santa Ana, CA 92705-4407
Attention: Program Manager
City of Placentia
401 E. Chapman Ave.
Placentia, CA 92870-6101
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.
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928
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 Prior to the acquisition of the Site, either Party may terminate this Agreement upon thirty (30) days' written notice to the other Party.
4.11 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.
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 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.
4.12 Each party represents and warrants that the execution, delivery and performance of 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.
4.13 The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement.
4.14 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.
4.15 Compliance with Laws. City represents and warrants that Services including capital 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, rules, and regulations that pertain to HEAP, construction, 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.
4.16 Employee Eligibility Verification. The City warrants that it fully complies with all 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
DocuSign Envelope ID: OF657958-C880-4245-9E78-8F16BF4B7928 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 statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
4.17 Prevailing Wage (Labor Code Sec. 1773). Except as otherwise provided by state 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 of per diem wages and the general prevailing rates for holiday and overtime wages in this locality for each craft, 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 1775 and 1813 of the Labor Code.
4.18 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 subcontractors 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.
4.19 Drug -Free Workplace Certification:
The City hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace as set forth in Exhibit 3, attached hereto and incorporated herein by reference.
4.20 County of Orange Child Support Enforcement:
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 constitute 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.
4.21 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.
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF487928
4.22 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: D tN M% e N R. Pe -Q V 1-K\
Title: c1•1 -y PcDMi►v is-ric tvvoe
By:
Name:
Title:
Dated: 1'- Rpm► L 2019 Dated:
*For Contractors that are corporations, signature requirements are as follows: 1) One signature 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.
****irai****************************************k******tk.****** County of Orange
A Political Subdivision of the State of California
By:
l DocuSigned by:
' /tt JA ( Q Ql 1i0A,S01A.
t T.047P7at 131 —
Dylan Wright, Director
OC Community Resources
APPROVED AS TO FORM:
5/9/2019
Dated:
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 Dated: `IN/ 11
Deputy County Counsel
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 Iia
SERVICE PLANNING ARE AS
La Habra :
e ;e
•
44Fullerton
Palma4 -
z.:
Cypress T>r:
L'osrAlamitos ;Stanton
?. Garden Grove
Seal Beach
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
South Region
Westminster
Fountain Valley
Huntington Beach lit
Cities of Central Region
COSTA MESA
FOUNTAIN VALLEY
GARDEN GROVE
HUNTINGTON BEACH
MIDWAY CITY CDP
NEWPORT BEACH
NORTH TUSTIN CDP
SANTA ANA
SEAL BEACH
TUSTIN
WESTMINSTER
Brea•
Anaheim
s� ,-„ -
Placen�
Or ange
Santa Ana
Costa Mesa
Newport Beath -
Cities of South Region
ALISO VIEJO
COTO DE CAZA CDP
DANA POINT
IRVINE
LADERA RANCH CDP
LAGUNA BEACH
LAGUNA HILLS
LAGUNA NIGUEL
LAGUNA WOODS
LAKE FOREST
LAS FLORES CDP
MISSION VIEJO
RANCHO SANTA MARGARITA
SAN CLEMENTE
SAN JUAN CAPISTRANO
Park
Tustin
YorbaiUinda
Irvine
Unincorporated
Lake Forest
Laguna Woods
Laguna Hills
Aliso Viejo
Laguna Beach
R ancho Santa Margarita
Mission Viej o
Laguna
guna Niguel
San Juan Capistrano
Dana Point
San Clemente
E xhibit 1
•49
health
CARE AGENCY
Health Policy Research and Comm unication May 2017
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 Exhibit 2
HOMELESS COORDINATING
AND FINANCING COUNCIL
Business, Consumer Services and Housing Agency
Edmund G. Brown Jr., Governor I Alexis Podesta, Chair
December 20, 2018
Natalie VVieckert
Staff Specialist
Santa Ana; Anaheim/Orange County Continuum of Care
333 West Santa Ana Blvd.
3rcl Floor
Santa Ana, CA 92706
RE: Award Announcement — Santa Ana, Anaheim/Orange County Continuum of Care Agreement #18 -HEAP -00026: CA -602 COC-CA-602-99KLQGG51 M Dear Pits. VVieckert:
The Business, Consumer Services and Housing Agency (BOSH) 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 Daniel Castillo, HEAP Grant Manager, at 916-65`I-2788 or daniel.castillo:a.bcsh.ca.cjov. erely,
Ota
Alexis Podesta, Secretary
Business; Consumer Services and Housing Agency
Council Chair
915 Capitol MaII, Suite 350-A l Sacramento, CA 95814 I (916) 653-4090 www.bcsh.ca.gov/hcfc
DocuSign Envelope ID: OF657958-C880-4245-9E78-8F16BF4B7928 Exhibit 2
HOMELESS COORDINATING
AND FINANCING COUNCIL
Business, Consumer Services and Housing Agency
Edmund G. Brown Jr., Governor I Alexis Podesta, Chair
December 20, 2018
Natalie Wieckert
Staff Specialist
Santa Ana, Anaheim/Orange County Continuum of Care
333 West Santa Ana Blvd.
3rd Floor
Santa Ana, CA 92706
RE: Santa Ana, Anaheim/Orange County Continuum of Care
Agreement #18 -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
91.5 Capitol Mall,. Suite 350-A ,Sacram.ento. CA 05814
www.bcsh.ca.aov/hcf'c
(9161653-4090
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 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 left-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 Forrn must provide a printed name, signature, and date on the attached Request for Funds (RFF) form. Th•e date of the signature must be at least one day after the date of the skirled STD 213,
5. Do not send photo copies of signatures. All must be original signatures with wet ink.
6. Return the four signed copies of the STD 213 with all initialed 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 GovtT]N 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: Th•e 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 D without prior written approval from the Agency.
Please accept our best wishes for a successful program. Please contact me at (916) 651-2788 or rmiel.Ca;`" :1; or our Local
Government Liaison, Lahela Mattox, at (916) 651-2770 or Lahela.Mattox < :•bcsh.ca.gov if you have any questions regarding the Standard Agreement or the provisions therein.
Sincerely,
Daniel Castillo
Grant Manager
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
AGREEMENT NUMBER
18 -HEAP -00026
Exhibit 2
REGISTRATION NUMBER
CA -602
1. This Agreement is entered into between the State Agency and the Contractor named below
STATE AGENCY'S NAME
BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY
CONTRACTOR'S NAME
County of Orange
2. The term of this
Agreement is:
Upon BOSH Approval
through 10/31 /2021
3. The maximum amount 15,568,715.65
of 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
TOTAL NUMBER OF PAGES ATTACHED:
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) County of Orange
BY (Authori i .5ignatu: y! �.
PRINTE•' NAME;AND TITLE OF PERSON SIGNING
iu
1 . ! . ttiYi
ADDRESS
333 West Santa Ana Blvd Fl. 3, Santa Ana, California, 92706 DATE SIGNED (Do not type)
STATE OF CALIFORNIA
AGENCY NAME
BUS SS, CO) SpMER .$4ERVICES AND HOUSING AGENCY
BY;1. u ize Signlute! j
DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
ADDRESS
915 Capitol Mall, Suite 360-A, Sacramento, CA 95814
3 3
9 1
16 California .Department of General
Services Use Only
D Exempt per:
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
Exhibit 2
AGREEMENT NUMBER
1 8 -HEAP -00026
REGISTRATION NUMBER
CA -602
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S 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:
BOSH Approval
$ 15,568,715.65
through
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 1
TOTAL NUMBER OF PAGES ATTACHED: 16
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) County of Orange
BY (Authori-� _f Signarr•z)
(4...Y\4/
PRINTED NRP„ _;AND TI LE OF PERSON ":IGNING
DATE SIGNED (Do not type)
ADDRESS
333 West Santa Ana Blvd Fl. 3, Santa Ana, California, 92706
STATE OF CALIFORNIA
AGENCY NAME
BUS VSS, CONSi}IMERS SERVICES AND HOUSING AGENCY
BY Out ifiV.,Sipnactireji DATE SIGNED (Do not type)
/20
PRINTED NAME AND TITLE OF PERSON SIGNING
Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
ADDRESS
915 Capitol Mall, Suite 350-A, Sacramento, CA 95814
Califomia Department of General
Services Use Only
Exempt per:
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 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 AGENCY'S NAME
BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY
CONTRACTOR'S NAME
County of Orange
2. The term of this
Agreement is:
Upon BCSH Approval
3. The maximum amount
of this Agreement is:
$ 15,568,715.65
through 10/3 1/2021
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 -
Exhibit D -
Authority, Purpose and Scope of Work
Budget Detail and Payment Provisions
Terms and Conditions
Special Terms and Conditions
TOTAL NUMBER OF PAGES ATTACHED:
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) County of Orange
BY (Aulhoriz, Signatu
PRINTED NA L � ND
7ITL.,OF P�rSON SIGNING
DATE SIGNED (Do not type)
ADDRESS;
333 West Santa Ana Blvd Fl. 3, Santa Ana, California, 92706
STATE OF CALIFORNIA
AGENCY NAME
BUS4ESS, COUMER S, ERVICES AND HOUSING AGENCY
8': (A r rizr d Sign = to
11 D
PRINTED NAME AND TITLE OF PERSON SIGNING
Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
DATE SIGNED (Do not type)
1212.0/ii
ADDRESS
915 Capitol Mall, Suite 350-A, Sacramento, CA 95814
3 3
9 1
16 California Department of Genera/
Services Use Only
❑ Exempt Per:
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
Exhibit 2
AGREEMENT NUMBER
1 8 -HEAP -00026
REGISTRATION NUMBER
CA -602
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY
CONTRACTORS NAME
County of Orange
2. The term of this
Agreement is:
3. The maximum amount
of this Agreement is:
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made through
$ 15,568,715.65
a part of the Agreement.
Exhibit A -
Exhibit B -
Exhibit C -
Exhibit D -
Authority, Purpose and Scope of Work
Budget Detail and Payment Provisions
Terms and Conditions
Special Terms and Conditions
TOTAL. NUMBER OF PAGES ATTACHED:
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTOR'S NAME (if other than an individual. state whether a corporation, partnership, etc.) County of Orange
BY (Authorize.m .*::ignatur..4
4,4
PRINTED NAVE ;I.ND TITLE OF PE ON SIGNING
ADDRESS
DATE S:GNE0 (Do not type)
l 1101.
333 West Santa Ana Blvd Fl. 3, Santa Ana, California, 92706
STATE OF CALIFORNIA
AGENCY NAME
BUS1 S, CO ERS RVICES AND HOUSING AGENCY
BY (.:L. dSignatuy) '
•
PRINTEC NAME AND TITLE OF PERSON SIGNING
V
DATE SIGNED (Do not type)
ry Ij q
Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
ADDRESS
q15 Capitol Mall, Suite 350-A, Sacramento, CA 95814
3 3
9 16
California Department of General
Services Use Only
❑ Exempt per'.
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 Exhibit 2
Ccsunty of Orange
I -8-HEAP-00026
Page of 3
Standard Agreement
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
Homeless Emergency Aid Program f HEAPZ
1, Authority
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. Purpose
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 Contractor's Initials
NOFA Date: 09/05.2018
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 Exhibit 2
County of Orange
18 -HEAP -00026
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
5. Agency 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:
Contractor's
Authorized
Representative
Name:
Natalie Wieckert, Staff Specialist
Address:
333 West Santa Ana Blvd (3rd fir)
Santa Ana, CA 92706
Phone:
(714) 834-3754
Email:
[email protected]
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 Exhibit 2
County of Orange
18 —HEAP -00026
Standard Agreement
EXHIBIT B
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 Tess 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 returned 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 funds 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 1 of Division 31 of the Health and Safety Code and all other relevant provisions established under SB 850, the NOFA, and this Agreement.
4. Disbursement of Funds
HEAP funds 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. Budget Changes
After the effective date of this Agreement, the Contractor agrees that no changes shall be made to the Contractor's HEAP budget, funded homeless service providers ("subrecipients"), or eligible 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
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 Exhibit 2
County of Orange
18 -HEAP -00026
Standard Agreement
EXHIBIT B
writing through submission of a Change Request Form. Changes must be approved in writing by Agency.
6. Ineligible 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 available by this Agreement. If the Contractor or its funded subrecipients use HEAP funds to pay for ineligible 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 activities not described in Exhibit A or Paragraph 1 above shall be deemed authorized if the 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 activities.
C. Agency, at its sole and reasonable discretion, shall make the final determination regarding the allowability of expenditures of HEAP funds.
D. Program funds shall not be used for overhead or planning activities, including Homeless Management Information 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 carrying out the eligible activities described in Paragraph 1 of this Exhibit.
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 Exhibit 2
County of Orange
18 -HEAP -00026
Standard Agreement
EXHIBIT C
TERMS AND CONDITIONS
Homeless Emergency Aid Program (HEAP)
Effective Date, Commencement of Work and Completion Dates 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; or withdrawal of Agency's expenditure authority. Upon termination of 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 or any other Homeless Emergency Aid Program Contractor's Initials
NOFA Date: 09/05/2018
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 Exhibit 2
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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, or performance of this Agreement or any part thereof, 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. Reporting/Audits
A. The Contractor shall submit an annual report to Agency on forms provided by Agency, by January 1, 2020 and January 1, 2021. If the Contractor fails to provide 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
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 Exhibit 2
County of Orange
1 8 -HEAP -00026
Standard Agreement
EXHIBIT C
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 subpopulation 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 Coordinating 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
DocuSign Envelope ID: OF657958-C880-4245-9E78-8F16BF4B7928 Exhibit 2
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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 for the 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 1 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 resolution of all issues which arise from it.
7. Breach and Remedies
A. The following shall each constitute a breach of this Agreement:
1. 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: 09/05/2018
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 Exhibit 2
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1 8 -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. Agency may give written notice to the Contractor to cure the breach or violation within a period of not less than 15 days.
8. Waivers
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 Regulations, 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
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Standard Agreement
EXHIBIT C
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 or funded 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 left State employment, no former State officer or employee 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
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 Exhibit 2
County of Orange
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Standard Agreement
EXHIBIT C
2. Contractor's policy of maintaining 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, as required by Government Code section 8355(a)(3), that every employee and/or subcontractor who works under this Agreement:
1. Will receive a copy of Contractor's drug -free policy statement, and
2. WiII 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 of 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.
13. 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
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 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 Regulations The Contractor agrees to comply with all State and Federal Taws, 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, environmental 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.
16. Litigation
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
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 Exhibit 2
County of Orange
1 8 -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 shall 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: 09/05/2018
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 Exhibit 2
County of Orange
18 -HEAP -00026
Standard Agreement
Exhibit D
SPECIAL TERMS AND CONDITIONS
Homeless Emergency Aid Program (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:
City of Anaheim
City of Laguna Beach
City of Buena Park County of Orange City of Tustin
City of Placentia City of Santa Ana
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:
City of Aliso Viejo
City of Brea
Cit=, of Costa Mesa
City of Cypress
City of Dana Point
City of Fountain Valley
City of Fullerton
City of Garden Grove
City of Hunting -Jon Beach
City of Irvine
City of La Habra
City of La Palma
City; of Lacuna Hills
City of Laguna Nir:uel
City of Laguna Woods City of San Clemente
Cit of Lake Forest l City of San Juan Capistrano
City of Los Alamitos Cit:v of Seal Beach
Cit.; of Mission Viejo City of Stanton
City of Newport Beach City of Villa Park
City of Orange City of Rancho Santa Margarita
City of Westminster City of Yorba Linda
•
Homeless Emergency Aid Prograrn Contractor's Initials
NOFA Date: 09/05/2018
DocuSign Envelope ID: OF657958-C880-4245-9E78-8F16BF4B7928 Exhibit 2
tS$.co
ousISESS. CONSUMER SERvICri AND AG LNC'tT
MI
HONFEI.ESC COORDINATING A ND FINANCING COUNCIL (RD 9.181 +`t • ' 9IS Carnal \IFII. Suite'SO-:t Al
Sav rm. tune CS 9'tI4 Il+lt
,.,9161F�S? O815 : BCSH ♦
HOMELESS EMERGENCY AID PROGRAM 9yOHousi A
NG p
REQUEST FOR FUNDS FORM
Contract Number
18 -HEAP -00026 I
Invoice Number
18 -HEAP -00026 1 Espiration Date:
10/31/2021
Grantee Name:
Address:
City:
State & Zip:
-
County of Orange
333 West Santa Ana Blvd Flr. 3
Santa Ma
CA 92706 J
Contact Person:
Contact Person Title:
1E -mall:
Pbone No.:
Natalie Wieckert
Staff Specialist
(714) 834-3754 f
HOMELESS EMERGENCY AID EXPENDITURES
BREAKDOWN
BUDGET BREAKDOWN
Proposed Activities Approved Budget
'I;pti I'1st't
7 I
a , iJralt' flnnniil:
Services
$3,733,699.00
$3,733,699.00
Rental Assistance or Subsidies
$441,519.00
5441,519.00
Capital Improvements L
$]0,106,300.00
$10,106,300.00
Homeless Youth Set -Aside—
5778,435.78
$778,435.78
—1
_
Administrative Costs
5508,761.87
5508,761.87
Other:-- ..
______,.—
$0.00
$0.00
-- -
Other: 50.00
50.00 TOTAL:
$15,568,715.65
- - __<,„--
` a '7:!270-077-
G. 7- ,F
CERTIFICATION
'By signing thi storm- r celX'4 to the best of my knowledge and belief that due farm is true, complete, and accurate, and die activities and budget are for the purposes and objectives set forth in the tams and conditions of the HEAP Standard Agreement. I mn snore dial any false. fictitious, or fraudulent information, or the omission of t mnta-io(fbc{..may subject me to criminal. civil or atirninisiratine penoLies forfraud, false statements. false claims or othennite.
— j
i Date: ^� --
Name of t\nth ro ized ['er,,on t
Signature of -ttehorized Person Date:
BCSII USE ONLY
i
Grant Management Representative Signature
Date:
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 Exhibit 2
State of California
Financial information System for California (Fl$Cal)
GOVERNMENT AGENCY TAXPAYER ID FORM
2000 Evergreen Street, Suite 215
Sacramento, CA 95815
www.fiscal.ca.gov
1-855-347-2250
Fl $ CaI
Fine:
The principal purpose of the information provided is to establish the unique identification of the government entity.
Instructions: You may submit one form for the principal government agency and all subsidiaries sharing the same TIN. Subsidiaries with a different TIN must submit a separate form. Fields bordered in red are required. Hover over fields to view help information. Please print the form to sign prior to submittal. You may email the form to: [email protected], or fax it to (916) 576-5200, or mail it to the address above, Principal P':OUNTY OF ORANGE
Government
Agency Name
Remit -To
Address (Street
or PO Box)
City
Government Type:
PO BOX 567
SANTA ANA
El City 0 County
Special District Federal
Other (Specify) I
State Zip Code+4 :+2702
(CA
Federal 1956000928 7
Employer -
Identification
Number
(FEIN)
List other subsidiary Departments, Divisions or Units under your principal agency's jurisdiction who share the same FEIN and receives payment from the State of California.
Dept/Division/Unit
Name
Dept/Division/Unit
Name
Dept/Division/Unit
Name
Depl/Division/Unit
Name
O77 ommunnv esources _
community -Resources
Complete i'ri= .you uranri ,eve. ti ring
Address -ante Ana, CA 92705-4407
Complete
Address
Complete
Address
Complete
Address
77C: N naaway
)anta Ana, CA 92706-2606
Contact Person
Phone number
Signature
Chris Nelson
714-834-2479
Title !,A.dmin Manager 1
E-mail address
[email protected]
Date
11 /211201i
DocuSign Envelope ID: OF657958-C880-4245-9E78-8F16BF4B7928 _ _ �� °
HOMELESS COORDINATING
AND FINANCING COUNCIL
Business, Consumer Services and Housing Agency
Gavin Newsom., Governor l Alexis Podesta, Chair
January 29, 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 ##18 -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 shelter.
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 [email protected] if you have any questions regarding the Standard Agreement or the provisions therein.
Sincerely,
Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
Council Chair
915 Capitol Mali, Suite .350-A 1 Sacramento, CA 95814 1 (916) 653-4090 www.bcsh.ca.gov/hcfc
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD 213 A (Rev 6/03)
n CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 1 Pages 1 AGREEMENT NUMBER AMENDMENT NUMBER 118 -HEAP -00026 41
I REGISTRATION NUMBER ;
1 CA -602
1. This Agreement is entered into between the State Agency and Contractor named below:
STATE AGENCY'S NAME
Business, Consumer Services and Housing Agency
CONTRACTOR'S NAME
County of Orange
2. The term of this
Agreement is Upon BCSH Approval through
3. The maximum amount of this
Agreement after this amendment is: $15,568,715.65
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
A11 other terms and conditions shall remain the same.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTOR'S NAME (If other than an individual, state whether a corporation, partnership, etc ) County of Orange
BY (Authorized Signature)
PRINTED NAME AND TITLE OF PERSON SIGNING
DATE SIGNED (Do not type)
ADDRESS
333 West Santa Ana Blvd Fl. 3
Santa Ana. CA 92706
STATE OF CALIFORNIA
AGENCY NAME
BUS �l SS, C MER VICES AND HOUSING AGENCY
BY ( !h. d Signal reJ Otte
DATE SIGNED (Do not type)
PRINTED NAME AND T TLE OF PERSON SIGNING
Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
ADDRESS
915 Capitol Mall, Suite 350-A. Sacramento, CA 95814
CALIFORNIA
Department of General Services
Use Only
❑ Exempt per.
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 STATE Of CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 8103)
X
CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED I Pages
AGREEMENT NUMBER
18 -HEAP -00026
REGISTRATION NUMBER
r --
CA -602
This Agreement is entered into between the State Agency and Contractor named below.
STATE AGENCY'S NAME
Business, Consumer Services and Housing Agency
CONTRACTORS NAME
County of Orare .._........
2 The term of this
Agreement is Upon BCSH Approval through 10/31/2021
3. The maximum amount of this
Agreement after this amendment is: $15,568.715.65
AMENDMENT NUMBER
1 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 the parties hereto.
CONTRACTOR
CONTRACTORS NAME (If other than an individual. state whether a corporation, partnership. etc.) County of Orange
BY (Authorized Signature)
PRINTED NAME AND TITLE OF PERSON SIGNING
DATE SIGNED (Do not type)
ADDRESS
333 West Santa Ana Blvd Fl. 3
Santa Ana, CA 92706
STATE OF CALIFORNIA
AGENCY NAME
BU SS, C
PRINTED NAME AND TITLE OF PERSON SIGNING
Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
;RV ICES AND HOUSING AGENCY
DATE SIGNED (Do not type)
ADDRESS
915 Capitol Mall. Suite 350-A. Sacramento. CA 95814
CALIFORNIA
Department or General Services
Use Only
❑ Exempt per:
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 Standard Agreement
EXHIBIT E
Amended Terms
Homeless Emergency Aid Program (HEAP}
County of Orange
18 -HEAP -00026
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 percent of HEAP funds for the purposes of addressing youth homelessness, and using a maximum of five percent of HEAP funds for the administration of this grant.
2. Notwithstanding Exhibit B of this agreement, and based on the revisions requested by the Contractor and authorized in Section 1 of this Exhibit, the following figures represent the new allocation of HEAP resources approved under the current 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
$ 1,005,127.00
$ 347,619.00
$ 441,519.00
$ 778,435.78
$ 389,714.87
$ 00.00
$15,568,715.65
Homeless Emergency Aid Program Contractor's Initials
NOFA Date: 09/0512018
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 Exhibit 3
Certification for
a Drug -Free Workplace
City of Placentia
Applicant Name
U.S. Department of Housing
and Urban Development
Homeless Emergency[ Aid Program —Agreement # 18 -23 -0058 -HEAP Program'.Activily Receiving Federal Grant Fundino
.\cling on behalf oh the above named Applicant as its ;\uthorireJ Official. I make the Bellowing certifications and tt!rccmen1s to the Department of Housing and urban Development (I I1. )1 regarding the sites listed below:
I certil that the abuse named Applicant will or will continue la pro\ide a drug -free workplace by:
a. Puhlishine. a statement notifying cmpfotces that the un- lawful nn<rnu(itcturc. dis[ributiun. tfispcnsing. llosscssiotl. or use of a controltecl stiistanee is prohibited in the Applicant's a'ork- phrce and specifying the actions that will be taken against employees for ‘notation of such prohibition.
b. t'.sta.bltshing an on -going drug -free awareness program u) inform employees ---
(l) The danger; of thug abuse in the svorkpfacc:
(2) The Applicant's policy of maintainine a time -lice
‘vorlcplace:
(31 Am available drug counseling_ rehabilitation. and
employee assistance programs: and
(4) The penalties that slaty be imposed upon employees
tin druo abuse violations occurring in the workplace.
c. Making it a requirement that each employee to be engaged in the performance of the grant he eiten a eopl} of the statement required by paragraph a.:
d. Notifying the employee in the statement required by para- graph a. that. as a condition of e i iIo) ment under the <)rant_ the employee twill ---
(11 Abide by the terms of the statement: and
(2) Nutil} the employer in '\rising of his or her convic- tion {bit a t potation of a criminal drug statute occurring in the workplace no later than line calendar days alter such conviction:
c. Notifying the agency in tyrtung. within ten calendar dzl�s after reeei' ine notice fonder subparagraph d.(2) from an em- ployee or otherwise receicin e actua l_ notice of such conviction.
I?mploycrs of convicted employees trust provide notice_ includ- ine position title. to every grant ciUicer or other designee on tthose !rant activity the convicted cntppu:,cc was workintl!. unless the Federal agency has designated a central point liar the receipt of such notices. Notice shall include the identification number(s) of each affected grant:
Taking one of the Bellowing actions_ within 30 calendar days of receiving notice under subparagraph d.f 2). frith 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) Itcquirine, such employee to participate satisfacto- rily in a dace abuse assistance or rehabilitation program ap- proved lib such purposes by a Federal. State. or local health. law enforcement. or other appropriate agency:
g. Making a good faith eflirrt 10 continue to maintain a drug- fi-ec tcorkplace through implementation of paragraphs .t. thru f.
2. sites lhr G\'ark Performance. the Applicant shall list toil separate pages) the sile(sf for the perlurntance or work dons: in connection with the HUD (iindiui or the prograin/acli\ ity• shown above: Place of Performance shat) include the street address. city. county. State. and nip code. klcutilv each sheet with the Applicant name and ;address and the protsrtrn activity receiving grail funding.) Check here Oii there arc workplaces ou file that art: nut identified on the autrchal sheets.
I hereby certify that all the: information stated herein. as well as any information Provided in the accontha nimcnt herewith. is true and accurate. \\ amine; 11bi1 trill prosecute ialse claims and Statement:. Conviction may result in criminal and'or civil penalties. (13 1..5_C. 1001. 1010. 1012: 1[. S.C. 3729. 3802)
Name orAuthorized Official
ti
Signature .—
x J'-
(/n� Tole
Date
loyal [IUD -50070 (3.9h)
rel. 1 Iantibi,oks 74 t 7.1, 7475.13. 7485.1 & .3
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 Exhibit 4
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`a Floor
Santa Ana, CA 92705-4407
Attention: Program Manager
(Space above this line for Recorder's use only.)
DECLARATION OF
RESTRICTIVE COVENANT
(Homeless Shelter)
(City of Placentia)
This Declaration of Restrictive Covenants ("Covenant") is made as of this day of , 2019, by the City of Placentia, a California municipal corporation ("Owner") and the County of Orange, a political subdivision of the state of Califomia, ("County"), with reference to the following facts:
RECITALS
A. Owner is the owner of the certain real property located at [CITY TO INSERT] in the City of Placentia ("Property"), within the geographic area of the Orange County, California. The legal description of the Property is attached hereto as Exhibit A and is incorporated by reference herein.
B. On or about October 4, 2018, Owner responded to a solicitation from the Orange 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 Five Million Six Hundred Fifty Thousand dollars ($5,650,000) ("Funds").
D. The Owner is permitted to use the Funds to perform necessary and eligible capital improvements on the Property.
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 E. On or about January 7, 2019, County by and through Orange County Community Resources executed the State Standard Agreement 18 -HEAP -00026 ("State Agreement") accepting the award of HEAP funds provided under the HEAP program.
F. Owner and County subsequently entered into the Funding Agreement dated 2019, ("Funding Agreement") that established terms and conditions of the Own'er's receipt of the Funds and sets forth the Owner's obligations and responsibilities in return for- receipt of the Funds, which is incorporated herein by reference.
G. 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 80 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 1 attached to the Funding Agreement and is incorporated herein by reference.
H. As part of the approval for the Owner to receive Funds to perform the HEAP eligible capital improvements on the Property, 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 date of 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 referrals 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.
I. 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 running 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 date of 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 instruments.
1. Purpose and Effect of Covenant.
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 (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 Affectin; 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 provide 24/7 shelter to eligible participants (eligible participants as defined in the Funding. Agreement). (c) The Property shall have at minimum 80 shelter beds;
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 run with the land, Owner intends that these provisions are equitable servitudes which run 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 run with the land, all of the other portions shall continue to run 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
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 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 after 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 terms of any such instrument, 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:
County
OC Community Resources
City
City of Placentia
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 Housing and Community Development
and Homeless Services
1300 S. Grand Ave., Bldg. B, 3`d Floor
Santa Ana, CA 92705-4407
Attention: Program Manager
401 E. Chapman Ave.
Placentia, CA 92870-6101
Attention: City Manager
IN WITNESS WHEREOF, the Owner and County have executed this Covenant the day and year first above written.
"Owner"
City of Placentia
a California municipal Corporation
By:
By:
Name:
Its:
By:
Name:
Its:
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 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 truthfulness, 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 narne(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)
DocuSign Envelope ID: OF657958-C880-4245-9E78-8F16BF4B7928
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,
OC Community Resources
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 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 truthfulness, 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)
trac
DocuSign Envelope ID: OF657958-C880-4245-9E78-8F16BF4B7928 Exhibit A
Legal Description of the Property
[CITY TO PROVIDE AS REQUIRED UNDER AGREEMENT]
DocuSign Envelope ID: 0F657958-C880-4245-9E78-8F16BF4B7928 Exhibit 3
Certification for
a Drug -Free Workpaa'ce
City of Placentia
Applicant Name
U.S. Department of Housing
and Urban Development
ome ess Emergency_ Aid Program —Are rnent # 18 -23 -0058 -HEAP Program!Activity Receiving Federal Grant Funding
Acting. on behalf of the ahoyc named Applicant as its .\uthorizcd OIlicittl. I make the lullowing icrlil cationsi and agreements to the lepartment eth Housing and Urban Development (I ttq)) reRita•dinu the sites listed below:
I certify that the above named Applicant will or will Continue to provide a drug -free workplace by:
a. Piihlishing a statement nolil\ing employees that the tm- ht\\fur Mani'(QCtare. LhS(lihl.11lOn, disxrsiiu±_ pOssesSluii. or else of a controlled substance is prohibited in the Applicant's \vork- place and speeikyin!, the actions that will be taken against employees Iill' violation of such prohibition.
h. Establishing an on -going drug -free awareness program to inform employees ---
(1) The dangers of drug abuse in the workplace:
(2) The Applicant's policy of maintaining. a drug -free \yarkPlaCC:
(.31 Any a)ailable drug counseling. rehabilitation. and employce assistance programs: and
(4) The penalties that ma) he imposed upon employees
for dt'uo abuse violations OCCUtilintl In the workplace. c. ti -lading it a requirement that each employee to be enaagel in the performance of the grant he given a coy of the statement required by paragraph a.:
d. Notifying the entplo)Ce in the statement required by para- uraph a. that. as a condition of employment under the !rant. the employee \gill ---
(I) Abide b) the terms of III c statement: and
(2) Notil} the employer in xrritiog of his or her convic- tion rite a \ iolation of a criminal tiro! statute occurring in the ikplace no laser than live caleaLlat- days utter such conviction:
c. Nulif\inu the agcnc\ in trrili i '. within ten calendar days alter receiving. notice under stit)j _tr tiraph d.(2) from ten ctn- plo)cc or ulhcr\\IsC reeci\ina iictuatl notice ul such conviction. limplu)crs ol'cntt\'ictcil etnplu�cc� O1LtSt provide notice. includ- ino position title. to every gran( e\fliccr or other desit_ ec on whose !rant activity the enn\4Ctcd cntplo\ce was working.. unless the federal agency has desi<•natcd a central point lie- the receipt of such notices. Notice shall include the identification number( sI of each a acted ergot:
I. 'Faking one of the actions. within 30 calendar
clays of receiving notice under Subparagraph d.(2). with respect to any cmplo)CC who is so conylct.d
( I ) Making appropriate Personnel action against such an employee. up to and including termination. consistent with the requirements of the Rehabilitation -\ct of 1973. as ;tuicnded: or (2) Requiring such employee to participate salisf;teto
rib in a drug abuse assistance or rehabilitation program ap- proved tor such purposes by a I'edural. Slate. or local health. law en Ibrcement. or other appropriate agency:
•
g. Making a good faith chid to continue to maintain a druu- frce \rorkplacc through implementation of paragraphs a. thru f.
Silts li\r 'ark Performance_ The Applicant shall list (on separate pages) the site(s) lin the performance of yyurk dune in connection with the HUD (muting of the program/activity shown above: Place of Performance shall include the streci address- cite. county. State, and zip code.
Idendr • each sheet c\ ith the Applicant name and address and the prograntiactiyil) receiving grant funeliu'u• Check here Oil there are workplaces urr lie that arc not identified on the toothed sheets.
I hereby certify that all the inlurntation stated herein. as \Veil as any iu irn ttiun provided ill the ;1CL'Oalp;InllttCn1 heft:With. i [role and accurate. \\ arnino: IRO) will prosecute false claims and statements. Conviction may result in criminal andior penalties. (18 ( .S.C. 1001. IOW. 1012: 31 t .S.C•. 3729. 380))
Name tit -Authorized Official
Signature
J� Title
(D
Date
LCD
form IIUt)-5007(f (3%98)
rcl. t landhooks 74 7.1.7475.1 3. 7-185.1 8.3
DocuSign Envelope ID: OF657958-C880-4245-9E78-8F16BF4B7928 Certification of Agreements
Date: May9,2019
To: Clerk of the Board of Supervisors
From: OCCR/OC Housing & Community Development & Homeless Services Re: ASR Control #: S49F. Meeting Date 4/23/19 Agenda Item No. # S49F I certify that the attached fully executed complete agreement (and all exhibits and/or attachments referenced within the agreement) is an exact iteration of the agreement(s) presented to and approved by the Board of Supervisors on the above listed meeting date.
I further certify that I have been authorized to execute said agreement(s) and have personally executed same.
Cymantha Atkinson Deputy Director
Name
DocuSigned by:
ou A I L ect-t&S6tA,
(b9 /Bi5 / kit- LU44J.f...
Title
5/9/2019
Signature Date
VERSION: 3.15.19
6.6.19 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 individually 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 transportation, economic and social, and legislative and political systems;
WHEREAS, in efforts to address this crisis, the County established an 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; 1 VERSION: 3-15.19
6.6.19 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 action 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 Homeless 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;
2 VERSION: 3.15.19
6.6.19 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 "Navigation 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 respective 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 portion of the Program Costs that are not funded by an alternative funding source described in Exhibit D(1) and D(2), and that 3 VERSION: 3.15.19
6.6.19 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 Host 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." 4 VERSION: 3.15.19
6.6.19 2.16. "Program Costs" shall mean and refer to the costs 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 funds 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 overnight 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, 2020, 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 5 VERSION: 3.15.19
6.6.19 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 reasonable 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 together 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.
3.4. Termination by Anaheim. Notwithstanding Section 3.1, Anaheim may terminate its 6 VERSION: 3.15.19
6.6.19 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 located 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 Costs, 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 (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 7 VERSION: 3.15.19
6.6.19 Anaheim Center, as the available capacity thereof may be approved by the operator 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 Sharing 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 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. 8 VERSION: 3.15.19
6.6.19 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 construction 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, and 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 similar type and purpose as approved by the Party Representatives, in sufficient quantities necessary to serve the Guest Capacity for each New Center.
9 VERSION: 3.15.19
6.6.19 5.6. Maintenance and Repairs. Host Cities will cause the New Centers to be regularly cleaned, maintained, and repaired in accordance with generally accepted standards, and as necessary to ensure compliance with the Building Standards. The Operating Agreements for the New Centers shall include terms and conditions requiring the Center Operators 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 Services 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 Navigation 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 of 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 transportation 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.
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 10 VERSION: 3--549
6.6.19 of capacity overflow or shortages.
6.5. Annual Review of Party Usage. The Guest Capacity utilized 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 the 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 Center 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, and 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 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. 11 VERSION: 3.15.19
6.6.19 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 Party 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 retain 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 require 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 cooperatively 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, including 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 cause 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 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 12 VERSION: 3.15.19
6.6.19 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. Treasurer.
Program Treasurer. The Parties shall select a Party to serve as the Program a) Designation. The identity of the Program Treasurer shall be memorialized in 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 source; provided that the Parties shall work together cooperatively and in good faith to attribute restricted funds provided by the Parties towards authorized purposes that further the Program before requesting an alternative funding source.
13 VERSION: 3.15.19
6.6.19 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 New 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 are 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 Plan; and to adopt and approve a new Program Budget for the immediately ensuing Annual Term.
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 14 VERSION: 3.1-5.1-9
6.6.19 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 pay 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, during any Annual Meeting, the Party 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 communities 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.
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 15 VERSION: 33-1 1-9
6.6.19 percentage equal to each Party's Share. Each Party's incremental increase in a contribution resulting from a Party's nonpayment will be due within 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 amounts 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 made 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 equaling 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 contained 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 each 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 arc 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 opportunities.
16 VERSION: 3.15.19
6.6.19 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 purposes 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 allow 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 after the defaulting Party's receipt of written notice from the non -defaulting Parties that such obligation was not performed. In the case of a default which cannot be cured within the cure 17 VERSION: 3.15.19
6.6.19 periods set forth in this section, the defaulting Party shall commence efforts to cure within such time periods, and shall diligently 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 with 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 remedies 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 Parties 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 for 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 nonperformance 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, 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 or cost which arises out of the terms, 18 VERSION: 3.15.19
6.6.19 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 contractor of the other Parties. Nothing herein is intended or shall be construed as creating the relationship of employer 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 performance 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 shall 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.
10.5. Amendments / Entire Agreement. Amendments to this Agreement must be in 19 VERSION: 3.15.19
6.6.19 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 proceeding 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 negotiated 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 the 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 other Parties, and any such assignment without consent shall be null and void.
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, 20 VERSION: 3.15.19
6.6.19 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]
21 CITY OF f'_(,t __
By:
Ciak aAcA rciu_
Name
e
Title
ATTEST:
r-�
yCek
vIttiali ttqms NIC 4(
NOTICE TO CITY
J TO BE GIVEN TO:
City Manager: 1v (U[6 eL ua►' 10
City of: r_Yeict
Street Address: t Ole c en c rGf•Ci
Bmol . CA 61"21
Phone: l ig ` 0 -11(1
Fax: 114- 61q0 - 22-9-S
APPROVED AS TO FORM:
•
')Le
City Attorney
f
el
Date
SIGNED IN COUNTERPART
North Specific Planning Area Memorandum of Understanding Signature Page
CITY OF Buena Park
James B Vanderpool
Name
City Manager
Title
ATTEST:
)(//At.
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager: James
City of: Buena Park
B. Vanderpool
Street Address: 6650 Beach Blvd.
Buena Park CA 90621
Phone: (714) 562-3550
Fax: (714) 562-3559
l
APPROVED AS TO'FgRM •
1 City Attorney
()i 1
Date
SIGNED IN COUNTERPART
North Specific Planning Area Memorandum of Understanding Signature Page
Title / U
ATTEST
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager:
City of:
Street Address: 5 Z7 SJ Q4-L1'L_
, CA qCG O
Phone: 7 ( 22`? Cd.:77O
Fax:
APPROVED AS TO FORM:
. y Attorney
y
:i)Gi -? Z6 7
Date ' r
SIGNED IN COUNTERPART
North Specific Planning Area Memorandum of Understanding Signature Page
CITY OF F(h1 I('�'y
Ke'i'i-e-R. A.. Darner
Name
C 1+404r1,..% rv`
Title 1
ATTEST:
City Clerk
Date
NOTICE TO CITY TO BE GIVEN TO:
City Manager: Keil
City of: Fa. ( Cl
Street Address: 303 w - C -(YIUYICx(1-Vif'Ll Rh /I V -
RA lei- ,cA gzY3
Phone: 7 !!L 7 3 - (3(o
Fax:
APPRO
City Attorney
FORM:
7-1 7
SIGNED IN COUNTERPART
North Specific Planning Area Memorandum of Understanding Signature Page
CITY OFi' L1 HA13RA
By:
V!I'
mes Pomez
Name
Mayor
Title
ATTEST:
NOTICE TO CITY TO BE GIVEN TO:
City Manager: Jim Sadro
City of: La Habra
July 16, 2019
Date
Street Address: 110 E. La Habra Boulevard
La Habra ,CA 90631
Phone: (562) 383-4010
Fax: (562) 383-4474
--APPR VED AS TO FORM:
CifyAor npy
SIGNED IN COUNTERPART
North Specific Planning Area Memorandum of Understanding Signature Page
IN WITNESS WHEREOF, the City has executed this Agreement in the City of La Palma, Orange County, California.
CITY OF LA PALMA
ARlars P41144.
all Goodman
Mayor
ATTEST:
Kunbec•1_, Kenn CSI
Deputy,,(ity Clerk.
AFFRO_V D j;' -E'(? FORM:
Emily Web
City Attorn y
CITY OF LOS ALAMITOS
By:
Bret M. Plumlee
Name
City Manager
Title
ATTEST:
firtcfrn ya Quintanar, MM Cic rk
NOTICE TO CITY TO BE GIVEN TO:
City Manager: Bret M. Plumlee
City of: Los Alamitos
Street Address: 3191 Katella Ave.
Los Alamitos , CA 90720
Phone: (562) 431-35.38 x 203
Fax: (562) 493-1255
APPROVED AS TO FORM:
Michael S. Daudt, City Attorney
Date
SIGNED IN COUNTERPART
North Specific Planning Area Memorandum of Understanding Signature. Page
CITY OF 0cc r _
i Itt.
Title
ATTEST:
C
City Clerk
NOTICE TO CITY TOBEGIVEN TO:
City Manager: k'� o K OA- n
City of: Of cAy- r e
Street Address: 3c. -)C) E * 61C-1/4-?rr\ah
J f c r 3cc, . CA .. \ L(
Phone: C'71 ) - .�.
t
Fax: L7ILk) 7(4
API?ROVED AS TO FORM:
Pity Attor\h y
SikKhQ, a619
Date
A -.
SIGNED IN COUNTERPART
North Specific Planning Area Memorandum of Understanding Signature Page
CITY OF PLACENTIA
By:
Damien R. Arrula
Name
City Administrator
Title
ATTEST:
Robert S. McKinnell, City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager: Damien R. Arrula
City of: Placentia
Street Address: 401 E. Chapman, Ave..
Placentia CA 92870
Phone: 714-993-8171
Fax:
714-961-0283
APPROVED AS k F- 7R
--t✓h�istian Bettenhausen, City Attorney
Date
SIGNED IN COUNTERPART
North Specific Planning Area Memorandum of Understanding Signature Page
ORIGINAL
CITY OF 5
Av147,11
(Tara& 1. klidembravvV,
Name
�►�-�r /4ayi er
Title
RA/ IA
NOTICE TO CITY TO BE GIVEN TO:
City Manager: -J at I. J -t-, I rma,
City of: ag (
Street Address:_blarliCA11410 V
, CA TWO
Phone: (7110 77
Fax: Pi) " /WI
APPROVED AS TO FORM:
City Attorney
SIGNED IN COUNTERPART
North Specific Planning Area Memorandum of Understanding Signature Page
CITY OF 1 1,\L ),.A
By: /% G„411!i .
U..___.4_ (2r-1ss1 s..
Name
Title
ATTEST:
/i
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager:
City of: U •\\c. Q.. L.
Street Address: I18 5 .�� . l,, .
v.1. Qo..r{:_ CA qzB(,I
Phone: (4 ►y) ?ye - ISo0
Fax: (1tL) 118 - (SD 3
APPROVED AS TO FORM:
City Attorf e
V22aN
Date /
SIGNED IN COUNTERPART
North Specific Planning Area Memorandum of Understanding Signature Page
CITY OF lc liZZ \--4,N04
By:
.FL w^iC
Name
A Ga rt...
Title
ATTEST:
,e,{
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager:
City of:
Street Address:
Phone:
Fax:
,CA
APPROVED AS TO FORM:
City Attorney
Date
SIGNED IN COUNTERPART
North Specific Planning Area Memorandum of Understanding Signature Page
Service Planning Areas
raw W1. Oid
f1OIN VdS-N O.L SlIffIHX1
EXHIBITS TO N -SPA MOU
Exhibit B
Navigation Centers and Guest Capacity
DATED 3.1119
9.18.19 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
Exhibit C
Program Costs and Budget
DATED 3.11.19
9.18.19 (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
Exhibit D
Funding Sources and Party Shares
DATED 3.11.19
9.18.19 (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 3.11.19
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
Exhibit E
Cost Allocation Plan
DATED 3.11.19
9.18.19 07/24/2019
FINAL FUNDING ASSUMPTIONS