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2019 Martha's Village & Kitchen MOU - Homeless Prevention Servicesta Qaigra -- GEM f'the DESERT — MEM0RANaUM TO: Frank J. Spevacek, City Manager FROM: Angela Ferreira, Management Specialist DATE: April 22, 2019 RE: Memorandum of Understanding - Martha's Village and Kitchen Attached for your signature is a Memorandum of Understanding between the Housing Authority and Martha's Village and Kitchen for homeless service funding. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: _X_ Contract payments will be charged to account number: 243-0000-60532 _X Amount of Agreement, Amendment, Change Order, etc.: $83,333 _N/A_ A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or _ reportable interests _N/A— A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 18701(2). Authority to execute this agreement is based upon: _X / Approved by the City Council on 4/16/19 8 , O1 !�[ City Manager's signature authority provided under Resolution No. 285 for budgeted expenditures of $50,000 or less. This expenditure is $83,333 and authorized by City Manager (Council, Director, etc] _N/A_ Initial to certify that 3 written informal bids or proposals were received and considered in selection The fallowing rewired documents are attached to the agreement: t _X_ Insurance certificates as required by the agreement (approved by Risk Managero ) _N/A_ Performance bonds as required by the agreement (originals) -N/A_ City of La Quinta Business License number _X A requisition for a Purchase Order has been prepared (amounts over $5,000) - PENDING APPROVAL OF AGREEMENT _N/A_ A copy of this Cover Memo has been emailed to Finance Revised May 2017 MEMORANDUM OF UNDERSTANDING BETWEEN LA QUINTA HOUSING AUTHORITY AND MARTHA'S VILLAGE AND KITCHEN This Memorandum of Understanding (the "Memorandum") is made by and between the La Quinta Housing Authority, a public body, corporate and politic ("Authority") and the MARTHA'S VILLAGE AND KITCHEN, INC., a California nonprofit corporation ("MVK"), as of April 2019 with respect to the following: RECITALS WHEREAS, the Authority is interested in providing food and shelter to those in need and, in that regard would like to support the MVK homeless shelter; WHEREAS, the MVK agrees to use the Authority funding for operation of the shelter this fiscal year; NOW, THEREFORE, the Authority and MVK agree to the following: 1.0 TERM OF MEMORANDUM. The term of this Memorandum shall expire on December 31, 2019. 2.0 OBLIGATIONS OF THE PARTIES. 2.1 MVK will provide food and shelter services at the MVK facility, located at 83791 Date Avenue, Indio, CA 92201. MVK shall provide the services set forth in Exhibit A attached hereto and incorporated herein by this reference ("Scope of Services"). MVK shall deliver to the Authority periodic reports and compliance metrics as set forth in Exhibit B attached hereto and incorporated by this reference ("Compliance Reports"). MVK shall comply with any and all federal, state, and local laws and regulations applicable to MVK, the Scope of Services, and the use of the Authority Financial Support Funds (as defined in Section 2.2 below) and the use of any other public moneys (collectively, the "Compliance Requirements"). 2.2 The Authority will provide financial support of Eighty -Three Thousand Three Hundred Thirty -Three Dollars ($83,333) ("Authority Financial Support Funds") to MVK. Provided MVK complies with its obligations under this Memorandum, the Authority shall disburse the Authority Financial Support Funds no later than 10 days after the execution of this Memorandum. MVK agrees to provide the Authority with two (2) financial quarter Compliance Reports with reporting periods as follows: May 1 - August 31, 2019, and September 1- December 31, 2019. All Authority Financial Support Funds shall be used by MVK for the Scope of Services and for no other purpose. If MVK fails to timely deliver a Compliance Report, the Authority may withhold an installment disbursement of the Authority Financial Support Funds that has not yet been disbursed. If MVK fails to comply with any Compliance Page 1 of 7 Requirements, the Authority may (i) withhold an installment disbursement that has not yet been disbursed, (ii) order a return to the Authority of any portion or all Authority Financial Support Funds that were not used in compliance with this Memorandum or any other Compliance Requirements, and/or (iii) seek any other rights or remedies available at law or in equity. 3.0 INDEMNITY AND RELEASE. MVK hereby agrees to indemnify, defend, and hold harmless the Authority and its officers, employees, agents and independent contractors (collectively, "Indemnitees") from and against any and all of claims, causes of action, obligations, losses, liabilities, judgments, or damages, including reasonable attorneys' fees and costs of litigation (collectively "Claims") arising out of and/or in any way relating to MVK's activities in the performance of this Memorandum, or to MVK's acts and/or omissions in providing or administering the some, excepting only those claims, actions, obligations, losses, liabilities, judgments, or damages arising out of the sole negligence, active negligence or willful misconduct of the Authority. 4.0 MVK INSURANCE OBLIGATIONS. Without limiting the indemnification provisions provided herein, MVK, at its sole expense, shall obtain and keep in force during the term of this Memorandum and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property occurring in, upon or about the MVK facility(ies) resulting from any actions or omissions of MVK or any use of the MVK facility(ies), or the MVK's invitees in accordance with the terms of this Memorandum. The policy or policies evidencing such insurance shall name the Authority and its officials, officers, employees, and agents, as additional insureds, shall provide that same may not be cancelled or amended without thirty (30) days prior written notice to the Authority, and shall provide for a combined single limit coverage of bodily injury and property damage in the amount of not less than Two Million Dollars ($2,000,000). Such policy or policies shall be issued by an insurance company licensed to do business in the State of California and be rated A-/VIII or better by ambest.com. Prior to the date of this Memorandum, and upon renewal of such policies, MVK shall submit to the Authority certificates of insurance and any applicable endorsements evidencing that the foregoing policy or policies are in effect. The coverage contemplated in this paragraph will be primary and the Authority's coverage will not contribute. MVK shall provide workers' compensation insurance in accordance with California law. 5.0 ADDITIONAL PROVISIONS. 5.1 In all cases, the language in all parts of this Memorandum shall be construed according to its fair meaning and not strictly for or against either party, if being agreed that the parties or their agents have all participated in the preparation of this Memorandum. 5.2 This Memorandum contains the entire agreement of the Parties and supersedes any prior oral or written statements or agreements between the Parties regarding the operation of the MVK. 5.3 No termination of this Memorandum shall release either party from any liability or obligation hereunder resulting from any acts, omissions or events happening prior to the termination of this Memorandum. Page 2 of 7 5.4 In the event either party brings any suit or other proceeding with respect to the subject matter or enforcement of this Memorandum, the prevailing party (as determined by California law) shall, in addition to such other relief as may be awarded, be entitled to recover reasonable attorneys' fees, expenses and costs of suit or investigation as actually incurred (including, without limitation, reasonable attorneys' fees, expenses, and costs incurred in establishing the right to indemnification). 6.0 HOMELESS OUTREACH. The Authority shall utilize utilize the MVK shelter and staff to provide emergency homeless services and prevention services to Coachella Valley individuals and families, and more specifically in the City of La Quinta, who are at risk of homelessness by providing face-to-face or telephone outreach, shelter (emergency and / or permanent), employment services, case management with referrals so as to help individuals stay in their current home or locate other permanent housing. MVK will also provide food distribution, public meals, referrals to onsite non -emergency medical and behavioral health counseling as well as education. MVK will address emergencies and engage individuals as well as families. MVK will work with City of La Quinta Law Enforcement & Code Enforcement as well as the Riverside County Sheriff's Department to support and maximize the effectiveness of emergency services. MVK will accept drop-offs from these agencies provided that MVK approves drop-off in advance. The following personnel are authorized to provide approvals for client drop-offs: 1) Residential Floor 760-347-4741, Ext. 105 and 106 2)_ Rosa Torres, Senior Program Manager 760-347-4741, Ext. 109 3) Security 760-347-4741, Ext. 103 4) Linda Barrack, President & CEO 760-218-3200 Authority shall initiate contact first with the Rosa Torres and then if unable to contact her, contact other personnel in the order listed above. MVK will not accept any individual with criminal record of violence, sexual offense, or arson. Clients must be able to self -toilet and self -feed to receive services at the MVK shelter facility. [signatures on next page] Page 3of7 IN WITNESS WHEREOF, Martha's Village and Kitchen and La Quints Housing Authority have executed this Memorandum as evidenced by the signatures contained below: LA QUINTA HOUSING AUTHORITY --7RAN J. S Dated: ATTEST: By:� MONIKA MARTHA'S VILLAGE AND KITCHEN icd By'. Executive Director Name: 0, Tide: Address: Secretary APPROVED AS TO FORM AND CONTENT: By: WILLIAM H. IHRKE, Authority Counsel City, State, Zip:' a D/ Email: Dated: orq Page 4 of 7 EXHIBIT A Scope of Services Provide homeless prevention assistance to those on the east side of the Coachella Valley, and more specifically in the City of La Quinta, who are at risk of homelessness by providing face-to-face or telephone outreach, shelter (emergency and/or permanent), employment services, emergency rental and utility service assistance, or other supportive services and resources to help individuals stay in their current home such as food distribution, free child care, health clinics, and education. * Emergency rental assistance is to be issued for no more than one month's actual rent in the rears, which cannot be above the fair market rate for the occupied unit. To be eligible for rental assistance the household must have a verifiable three day pay or quit notice and landlords must be contacted to insure that they will accept payment to bring the household to a state of good standing. To receive utility assistance households must have a verifiable shutoff notice for cost for, electric, gas, and/or water. These funds cannot be used for reconnection. Both rental and utility assistance can only be received once per MOU term, per household. Recipients of emergency aid must demonstrate financial ability to sustain household finances after aid has been received by presenting pay stubs, bank records or other supporting documents. All assistance payments are to be made out to verified landlords and utility companies only. **Please note priority is to be given to verified La Quinta residents for both types of emergency services. Page 5of7 EXHIBIT B City of La Quinta Reporting Metrics Eastern Valley Services Only (East of Cook Street) Provide homeless outreach via face to face and/or phone: Number of completed interactions Number of Referrals/Resources provided (Provide narrative of what type of Resources used ) Provide homeless prevention assistance to those who are at risk of homelessness through, emergency rental and utility assistance, or other directly provided resources to stay in current home such as Food Distribution, Free Child Care, Health Clinic, Education, etc. resulting in successful diversion. Provide type of Resources used Emergency rental and utility assistance: Rental - Households served Expenditures Rental - La Quinta Households Expenditures Utility - Households served Expenditure Utility - La Quinta Households served Expenditures Sheltering: How many Individuals who were safely sheltered Units of face to face case management Number of clients assessed by case manager Number of individuals placed into housing Provide Rapid Rehousing or similar type placement Page 6 of 7 Number placed Housing Stability/ Three month follow up after financial support ends Provide Employment Services: Description of direct Employment Services offered (Submit narrative of what direct services are provided) Number of Individuals served Units of Service Eligible reportable items with supporting documentation: Shelter -Direct Client Services with full benefits and Workman Comp costs: Staff -Outreach, Case Management, Employment Services, Emergency Assistance, Housing Placement, Kitchen, Maintenance and Security. Direct Shelter Costs: Rent Payment Utility Costs Cleaning Supplies Food for Prepared Meals Emergency Assistance: Rental payments Utility payments Rapid Rehousing or Similar Housing Placement Costs: Navigators and Case Managers with full benefits and Workman Comp costs Costs associated with placement - rent, deposits, and utilities Page 7 of 7