1 MEMORANDUM OF AGREEMENT
Los
Angeles County
Law Enforcement Homeless Outreach Services Teams
HI-23-022
Thi
s Memorandum of Agreement ( "MOA") is being executed by the below listed agencies in connection with the Los Angeles County Homeless Outreach Services Teams ("HOST"). The agencies listed below agree to abide by the terms and provisions of this MOA while utilizing resources allocated by the County of Los Angeles ("County") for law enforcement homeless outreach services.
• Los
Angeles County Police Chiefs' Association ( "LACPCA") (Acting as “H OST Coordinator”);
• C
ity of Pomona ("City") (Acting as the "Fiscal Agent" for Los Angeles County Police Chiefs’ A
ssociation); and
• C
ounty of Los Angeles by and through Los Angeles County Chief Executive Offic e H
omeless Initiative (" CEO-HI") and coordinated with the Los Angeles County Sheriff’s Department ("LASD").
I. PU
RPOSE
The pur
pose of this MOA is to establish and memorialize the responsibilities of the City, CEO-HI, and LACPCA (collectively "Parties") to this MOA.
The P
arties to this MOA are committed to working together to ensure collaboration and consistency in law enforcement outreach by local police departments, (excluding the City of Los Angeles which has established its own law enforcement homeless outreach). This MOA stands as evidence that the Parties will be committed to work together toward the mutual goal of conducting homeless outreach, centered on referral to housing, rehabilitative services and support, in lieu of arrest and criminalization when possible.
N
othing in this MOA shall be construed as prohibiting law enforcement personnel from enforcing laws when there is probable cause to believe a crime was committed and when in the best interest of public safety.
I
I. MISSION
The P
arties to this MOA recognize that homelessness is a serious cross-jurisdictional problem in the County. The homelessness crisis has impacted public safety and quality of life throughout the community. The mission of the law enforcement HOST is to work collaboratively with public and private partners to assist homeless individuals and address problems associated with homeless encampments. The objective will be met by law enforcement HOST teams, working in collaboration with outreach teams, consisting of subject matter experts, housing, mental health and recovery case managers and service providers, to get homeless individuals the services they need. The law enforcement HOST will also focus on forming community partnerships with local leaders, civic groups, faith and community -based organizations to bring about community awareness on services available to assist homeless individuals. As HOST team members engage with PEH and link them to other housing options and resources, street encampments can be Attachment No.2
2 minimized or resolved. As PEH are assessed by these teams, those who need mental health treatment or substance use treatment will be provided the proper referrals.
III. ORGANIZATION
A. All Parties to the MOA
Each Party shall perform all services under this MOA as an independent contractor, and neither party, nor its employees, shall be considered employees or agents of the other by virtue of this MOA. This MOA is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association between the parties.
B. Roles and Responsibilities
1. The LACPCA will act as the “HOST Coordinator ,” responsibilities shall include the following:
a) Work with San Gabriel Valley, South Bay, and Southeast regions, who will each identify an agency to coordinate their respective regions HOST deployment ("Lead Regional Coordinating Agenc y"), ensuring this program is available to law enforcement entities countywide (excluding the City of Los Angeles , as mentioned in Section I).
b) Be the point of contact for all local police departments in the County and be responsible for providing information on the HOST program and requirements.
c) Coordinate training schedule with LASD for HOST training for local police departments (“Subrecipients”).
i. Ensure Subrecipients complete HOST training to be eligible for reimbursements);
ii. Respond to inquiries on the HOST Training; and
iii. Respond to inquiries on forming community partnership and/or services available to assist homeless individuals.
d) Work with the CEO-HI to identify community agencies that could partner with local police departments.
e) Work with CEO-HI to identify funding allocations and determine if any reimbursement limitations or restrictions would be implemented for this MOA.
f) Ensure designated manager/supervisor(s) of the Subrecipients shall cooperate and share information with the CEO -HI as necessary and to the extent allowed by law regarding data related to number of homeless outreach contacts, referrals to housing and services, incidents related to homeless outreach, including but not limited to arrests, use of force, complaints and other statistical data relevant to determine best practices, corrective action, and performance measures.
g) Prepare quarterly outcomes report to be sent to the CEO -HI with the following information provided by the Subrecipients:
o Reporting Period
o City / Region
o Hours Reported- (These hours should reflect your overtime hours reported)
3 o Total Number of Homeless Contacted
o # of homeless contacted sheltering in Recreation Vehicles o Self-Initiated Contacts
o Calls for Service-(homeless related)
o Indicate Type(s) of Service(s) Provided
o Indicate Types of Services Linked
2. The City will act as the “Fiscal Agent” for LACPCA, responsibilities shall include the following:
a) Reimburse Subrecipient s for expenses incurred for the deployment of law enforcement HOST, in accordance with Section I, PURPOSE, and Section II, MISSION, of this MOA , on the terms developed by LACPCA , as we ll as any reimbursement limitations determined in Section III, subsection B1, above. o A llowable sub- recipient expenses will be the activities conducted by sworn personnel of the participating LA County Police Agencies either on overtime or straight time for homeless outreach activities that are in line with the Misson of this MOA.
b) Reimburse administrative costs for Lead Regional Coordinating Agencies as outlined in Section III, subsection C1.
o Allowable administrative costs include the cost of compensation for personnel services rendered that ensure all charges are supported by a system of internal controls that provides reasonable assurance that the charges are accurate, allowable, and properly allocated. The financial management of the funding will require the agency personnel to review all relative documents to ensure that specific activities and/or key objectives are met, the costs are actual cost of each employee, and that such costs are reasonable.
c) Track expenditures and notify HOST Coordinator of funding availability to ensure scheduled HOST activities will be covered.
d) Verify Subrecipients received HOST training. Review, approve, and process Subrecipient invoices monthly.
e) Ensure that Subrecipients submit the following information:
o HOST Invoice- Must have the following information completed before submitting:
Agency Name
Region
Employee Name
Rank
Overtime Hourly Rate
Date Worked
Amount of Overtime Hours Worked
o Supporting Documentation- a copy of overtime slips, description of HOST activities performed, and locations. (Example- 4 officers worked homeless enforcement, housing placement, etc., near San Gabriel Riverbed).
f) Submit expenditure report quarterly along with quarterly outcomes reports described above to the C EO-HI's Project Manager, Sher ri Diaz , through email at [email protected], and [email protected]
.
4 g) Provide Fiscal Year Closeout reports to County by no later than July 15th for each fiscal year allocation. Closeout reports shall include but not be limited to payments made; obligated costs for services that incurred during the fiscal year , but the payment has not been made and is in process; the fiscal year allocation remaining; and other fiscal or program information needed for requesting the carryover of unused funds.
3. CEO-HI Responsibilities
a) Funding
i. CEO-HI will utilize the County’s Homeless Emergency Declaration to enter into this agreement to provide Section VI, Funding for local law enforcement HOST to the City, who will act as the "Fiscal Agent" for LACPCA.
ii. CEO-HI will coordinate with LACPCA and City to report on law enforcement HOST issues and activities to the County Board of Supervisors, and for the preparation of any annual law enforcement HOST reports.
iii. CEO-HI will review all invoices submitted by the City. Payment will be made in arrears following approval of payment. Reimbursement will not be unreasonably withheld.
1. If needed for the smooth operation of this agreement, CEO-HI will authorize the City to submit an invoice for an advance of no more than three (3) months or $250,000, of the annual funding amount may be provided to the City to ensure prompt payment to Subrecipients.
2. Each funding allocation, as outlined in Section VII, includes administrative costs of up to ten percent (10%) of the expenditures, not to exceed $100,000 per fiscal year. This administrative cost will be allocated to the Fiscal Agent.
3. Each of the three Lead Regional Coordinating Agencies may be reimbursed up to one percent (1%) o f the annual funding allocation for administrative costs, not to exceed $10,000.00 per fiscal year and per Lead Regional Coordinating Agency.
b) Los Angeles County HOST Trainer
i. A LASD Chief will be designated as the County HOST Trainer. The Chief will be responsible for working with the “Host Coordinator” to schedule and provide HOST training and share their vast experience and best practices of implementing HOST.
IV. LIABILITY
Each party agrees to indemnify, defend and hold harmless the other Parties , their elected and appointed officers, employees and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with acts and/or omissions of the indemnifying party arising from and/or relating to this MOA.
Neither termination of this MOA nor completion of the acts to be performed under this MOA shall release any party from its obligation to indemnify as to any claims or cause of action asserted so long as the event(s) upon which such claim or cause of action is predicated shall have occurred subsequent to the effective date of this MOA and prior to the effective date of termination or completion.
5 LACPCA and City shall include a provision in all funding agreements with city police departments related to HOST services funded by the County that requires the city police departments to expressly indemnify, defend and hold harmless the County, its elected and appointed officers, employees and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert fees), arising from or connected with acts and/or omissions of the city police department arising from and/or relating to HOST services provided by the city police department.
V. EQUIPMENT/ FACILITY
Each party will utilize its own equipment and/or facilities to accomplish the purpose and mission of this MOA.
VI. TERM OF AGREEMENT
This MOA is effective on the date that all those listed below have affixed their signatures. The terms and provisions of this MOA shall be in effect while utilizing resources allocated by the County for law enforcement homeless outreach services but may be terminated at any time upon written mutual consent of the agencies involved. Continued participation in law enforcement HOST may be terminated by the City, LACPCA, County or CEO-HI, or any participating agency by written notice thirty (30) calendar days prior thereof. Notwithstanding early termination, this MOA shall terminate on June 30, 2027. The terms of this MOA may be extended beyond FY 2026- 27 with County Board of Supervisors approval.
VII. FUNDING
The MOA authorizes the allocation of up to one million dollars ($1,000,000.00) each County fiscal year for HOST activities outlined in Section III, Organization, through the term of this MOA, for a total maximum amount of four million dollars ($4,000,000.00).
Any unspent, unobligated, or unused funds identified during Fiscal Year End Closeout will require County Board of Supervisors’ approval to continue to use those funds for the following fiscal year.
As the “ Fiscal Agent”, the City's Police Department will work with the LACPCA to coordinate a regional HOST, and invoice CEO -HI for reimbursement and to provide the required reports.
Where services are rendered in addition to and in support of the regional HOST team, the City's Police Department will require city police departments to submit invoicing for hourly services rendered.
VIII. AUTHORIZATION
The Parties hereto, by their duly authorized officials, have executed this MOA on the respective dates indicated below.
IX. AMENDMENTS TO THE MEMORANDUM OF AGREEMENT
This MOA may be amended by written agreement signed by all P arties. Non-substantive changes, that do not affect the term or total funding amount, may be made through a Change Notice and issued and signed by CEO-HI.
6 X. COUNTERPARTS AND ELECTRONIC SIGNATURES AND REPRESENTATIONS
This MOA may be executed in two or more counterparts, each of which shall be deemed an original but al of which together shall constitute one and the same MOA. The facsimile, email or electronic signature of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals. The County and the Parties hereby agree to regard electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on the Amendments prepared pursuant to Section IX and received via communications facilities (facsimile, email or electronic signature), as legally sufficient evidence that such original signatures have been affixed to Amendments to this MOA.
7 XI. REPRESENTATIVE SIGNATURES
COUNTY OF LOS ANGELES
________________________ _______ ________________________ _______ ROBERT G. LUNA Date FESIA A. DAVENPORT Date Sheriff Chief Executive Officer
APPROVED AS TO FORM FOR THE COUNTY:
DAWYN R. HARRISON
County Counsel
By ________________________
County Counsel
CITY OF POMONA
________________________ _______ ________________________ _______ MICHAEL ELLIS Date ANITA GUTIERREZ Date Chief of Police City Manager
LOS ANGELES COUNTY POLICE CHIEFS’ ASSOCIATION
________________________ _______
DARREN ARAKAWA Date
President