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HomeMy WebLinkAbout2025-07-08 - AGENDA REPORTS - AGMT LACO MEASURE AO Agenda Item: 7 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: Li ' DATE: July 8, 2025 SUBJECT: AUTHORITY TO EXECUTE AN AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR THE CITY OF SANTA CLARITA'S FISCAL YEAR 2025-26 MEASURE A LOCAL SOLUTIONS FUND ALLOCATION DEPARTMENT: Community Development PRESENTER: Tracy Sullivan RECOMMENDED ACTION City Council: Approve a one-year contract with Los Angeles County to receive Measure A Local Solutions Funds in the amount of $476,145 to be distributed as follows: $225,337 to Family Promise for emergency rental and financial assistance to families at risk of homelessness, $225,337 to Bridge to Home to support continued operations of its interim housing site and navigation services; and $25,471 for the Homeless Services Intern to implement the 2025 Community Plan to Address Homelessness. 2. Increase revenue account 273-462101 (Measure A Miscellaneous Revenue) by $476,145 and appropriate $25,471 to expenditure account 2733207-500201 (Measure A Homeless Initiative PTS) and $450,674 to expenditure account 2733207-516101 (Measure A Homeless Initiative Contractual Services). 3. Authorize the City Manager or designee to execute all contracts and associated documents, subject to City Attorney approval. BACKGROUND In November 2024, Los Angeles County (County) voters approved Measure A, establishing a permanent half -cent sales tax to fund homeless services and affordable housing development. Before Measure A, the County had a quarter -cent sales tax under Measure H. Measure A replaced Measure H and took effect on April 1, 2025. Measure A is expected to generate approximately $1.1 billion annually. Page 1 Packet Pg. 59 O Pursuant to Measure A, revenues are to be distributed as follows: 60 percent to comprehensive homeless services and homelessness solutions innovations; 36 percent to the Los Angeles County Affordable Housing Solutions Agency (LACAHSA); three percent to the Los Angeles County Development Authority (LACDA) to support local housing production; and one percent to fund data collection, research, and accountability initiatives. Of the 60 percent dedicated to homeless services, Measure A requires that at least fifteen percent - approximately $96 million - be set aside for the Local Solutions Fund (LSF). The LSF, which also existed under Measure H, is a designated pool of funding that is distributed to cities, councils of governments, and the County for unincorporated areas. The LSF is designed to support programs that demonstrate clear results in meeting or making progress towards the goals outlined in Measure A and apply best practices to deliver consistent quality care. Over the past three fiscal years, the City has dedicated its LSF allocation primarily to the construction of a new interim housing facility and resource center operated by Family Promise of Santa Clarita Valley (Family Promise), which celebrated its grand opening in November 2024 and added four affordable housing units and an emergency overnight unit. The City additionally leveraged its LSF allocation to support the position of a Homeless Services Intern, who has been instrumental in implementing both the 2018 and 2022 Community Action Plans to Combat Homelessness, adopted by the Community Task Force on Homelessness. Measure A specifies that the LSF be distributed via a formula based on the Point -in -Time (PIT) count required by the United States Department of Housing and Urban Development (HUD) and/or similar methods as decided by the Los Angeles County Board of Supervisors (Board of Supervisors) with input from cities within the County. On March 25, 2025, the Board of Supervisors approved an LSF distribution formula that incorporates a multi -year average of the two most recent PIT homelessness counts and American Community Survey (ACS) data. Based on the LSF distribution formula, the City has been allocated $476,145 in LSF funding for Fiscal Year (FY) 2025-26. Upon review of the eligible uses of LSF funds, staff recommends allocating the majority of its FY 2025-26 allocation between the City's two largest homeless services providers: Family Promise and Bridge to Home. Both organizations have significantly expanded their capacity through the construction of new facilities and now require additional operational support to maximize the impact of their services and improve outcomes for individuals and families experiencing homelessness. Specifically, it is recommended that $225,337 be granted to Family Promise to provide emergency rental assistance and financial support to families at imminent risk of homelessness. The same amount is recommended for Bridge to Home to support continued operations of the interim housing site, which includes 69 beds dedicated to adults, and to assist with housing navigation services. The remaining $25,471 is proposed to fund the Homeless Services Intern position, which will continue to facilitate the implementation of the 2025 Community Action Plan to Address Homelessness. Page 2 Packet Pg. 60 O ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT Upon approval of the recommended actions adequate funds will be available in 2733207-500201 (Measure A Homeless Initiative PTS) and 2733707-516101 (Measure A Homeless Initiative Contractual Services). ATTACHMENTS Sample Agreement (Available in the City Clerk's Reading File) Page 3 Packet Pg. 61 FUNDING AGREEMENT BETWEEN COUNTY OF LOS ANGELES AND XXXXXXXXXXXX FOR LOCAL SOLUTIONS FUND CONTRACT NUMBER: XXXXXXX The Funding Agreement is made and entered into by and between the County of Los Angeles, hereinafter referred to as "County" and XXXXXXX hereinafter referred to as "Local Jurisdiction". The County and Local Jurisdiction shall collectively be referred to as "Parties". RECITALS: WHEREAS, on November 4, 2024, the voters of Los Angeles County approved the Affordable Housing, Homelessness Solutions, and Prevention Now Transactions and Use Tax Ordinance ("Measure A" or the "Ordinance"), a one-half cent sales tax countywide, to fund critical programs designed to reduce and prevent homelessness within the County; WHEREAS, the County has received a portion of the proceeds from the tax imposed by Measure A for Comprehensive Homelessness Services, the Local Solutions Fund, and Homelessness Solutions Innovations which it distributes to eligible programs and services in accordance with Measure A; WHEREAS, pursuant to Measure A, the County shall allocate funds from the Local Solutions Fund to cities, councils of governments, and/or the County on behalf of its unincorporated areas; WHEREAS, on March 25, 2025, the County Board of Supervisors ("Board"), in consultation with cities within the County, determined that Formula 4, based on 90% of the multi -year average point -in -time count and 10% of the American Community Survey proxy data, is the appropriate method for distributing Local Solutions Fund to cities, councils of governments, and to the County on behalf of its unincorporated areas; WHEREAS, services and programs funded by the Local Solutions Fund shall support a variety of services and programs aimed at addressing homelessness, including but not limited to physical and mental health care, emergency housing, permanent housing, job counseling, substance use disorder treatment, short-term rental subsidies, and other related services, as well as the collection and analysis of data to assess the effectiveness of such services and programs; WHEREAS, services and programs funded by Local Solutions Fund shall contribute to achieving the five outcome goals outlined in Measure A by demonstrating measurable progress from baseline metrics toward target metrics ("Metrics") as adopted by the Board on March 25, 2025; WHEREAS, services and programs funded by the Local Solutions Fund must align with the purposes enumerated in Measure A and the Regional Plan adopted by the Board on March 25, 2025, which sets goals and objectives to reduce homelessness and expand affordable housing in accordance with Measure A; WHEREAS, services and programs funded by the Local Solutions Fund shall adhere to best practices for the standardization of care, including but not limited to facilitating connections to behavioral and mental health services, medical care, and other services, and create connections to mainstream safety net programs supported by County, State, and federal funds, including connections to medical and mental health care and other entitlement programs; WHEREAS, the Local Jurisdiction agrees to perform its obligations under this Agreement in a manner consistent with and supportive of the goals and purposes outlined in Measure A, and the Metrics, Regional Plan, and best practices for the standardization of care; and WHEREAS, the Parties desire to enter into this Agreement to formalize the allocation of Measure A funds, which is approved by the Board annually, establish accountability measures, and ensure the effective use of Measure A funds to achieve the stated goals in Measure A to prevent and reduce homelessness and increase access to affordable housing, subject to all the conditions required by Measure A. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the Parties agree to the following: PURPOSE AND SCOPE A. Purpose of Affordable Housing, Homelessness Solutions, And Prevention Now Transactions and Use Tax Ordinance ("Measure A"): The allocation of Measure A funds from the Local Solutions Fund to the Local Jurisdiction is to be used solely for services and programs consistent with the purposes enumerated in the Ordinance or for the purposes set forth in Government Code section 64700 et seq., including but not limited to homelessness prevention, homelessness services, or affordable housing programs in Los Angeles County. B. Scope: Local Jurisdiction shall use Measure A funds for the purposes and goals specified in Measure A and the goals and objectives outlined in the Regional Plan adopted by the County Board on March 25, 2025, which aims to reduce homelessness and expand affordable housing. Local Jurisdiction shall use Measure A funds for the uses as set forth in Measure A, including, but not limited to: 1. Preventing Homelessness; 2. Mental Health; 3. Outpatient and residential substance use treatment; 4. Case management and outreach services; 5. Employment services; 6. Expedited placements in permanent housing; 7. Enhanced emergency housing and interim housing; 8. Enhanced services for transition -age youth and children; and 9. Affordable housing for people experiencing, or at risk of homelessness. TERM The term of this Agreement shall commence upon execution by the Parties and shall remain in force through June 30, 2031, contingent upon available funding and program performance set forth in this Agreement, unless sooner terminated or extended, in whole or in part, as provided in this Agreement. III. FUNDING ALLOCATION A. Amount of Funds: Local Jurisdiction shall receive a portion of County's Measure A allocation in an amount not to exceed $XXXXXXX ("Funds") for Fiscal Year 2025- 2026. Funding amounts for subsequent fiscal years for the Term is contingent upon 2 the County's receipt of allocated Measure A funds and annual approval by the County Board. Funds are to implement programs and services aimed at preventing and reducing homelessness and increasing access to affordable housing (the "Project"), subject to Measure A, and as further described in this Agreement and Exhibit A, Project Description and Budget, which is attached and incorporated herein by reference. Local Jurisdiction agrees to use Funds as described in Exhibit A, Project Description and Budget. The County reserves the right, in its sole discretion, to adjust the Local Solutions Fund allocation based on actual Measure A tax revenues received by the County. The Local Jurisdiction shall have no claim against the County for payment of any money or reimbursement, of any kind whatsoever, for any Project provided by the Local Jurisdiction after the expiration or other termination of this Agreement. Should the Local Jurisdiction receive any such payment, it shall immediately notify the County and shall immediately repay all such funds to the County. Payment by the County for Project rendered after the expiration and/or termination of this Agreement shall not constitute a waiver of the County's right to recover such payment from the Local Jurisdiction. This provision shall survive the expiration or other termination of this Agreement. B. Use of Funds: Local Jurisdiction agrees to use the allocated Funds as described in their approved budget, exclusively for Measure A eligible Project, and as further described in this Agreement and Exhibit A, Project Description and Budget, and the goals and metrics outlined in Section IV of this Agreement. Any misspent or disallowed Funds must be fully reimbursed to the County, upon County's request. All Parties agree to be bound by all applicable federal, state, and local laws, ordinances, regulations, and directives as they pertain to the performance of this Agreement. C. Prohibited Uses of Funds: The Funds are intended to support best practices, policies, and programs implemented by departments, agencies, or organizations that are primarily formed to provide services to and support people who are experiencing homelessness, at risk of homelessness, or are low-income. Per Measure A, the Funds may not be used to fund investigations or prosecutions to pursue criminal, civil, or administrative penalties against people experiencing homelessness or other low-income people. D. Notification of Reaching seventy-five (75%) percent of Total Agreement Sum or Individual Project Budgets: Local Jurisdiction must maintain a system of record keeping that will allow the Local Jurisdiction to determine when it has incurred seventy-five percent of either the total Agreement sum or the individual project budget specified in Exhibit A, Project Description and Budget, for each listed project, whichever is reached first. Upon occurrence of this event, the Local Jurisdiction must send written notification to County at the address herein provided in Section XV of this Agreement. If the seventy-five percent threshold for an individual project budget is reached, the notice must identify the specific Project(s) to which it applies. E. Supplanting of Funds: Local Jurisdiction shall not use the Funds to supplant or replace existing funding sources supporting Local Jurisdiction's programs, operations, or services, except as expressly permitted in this Section. The County may approve the use of the Funds to supplant existing funding sources only under the following limited circumstances, all of which must be justified in writing by the Local Jurisdiction and approved in writing by the County prior to the execution of this Agreement or any amendment authorizing such use: 1. The Funds are allocated to advance the goals outlined in Section IV.A.1 and 3, specifically: to increase the number of people moving from encampments into permanent housing to reduce unsheltered homelessness, and increase the number of people permanently leaving homelessness; 2. The supplanting of funds is necessary to prevent the loss of interim or permanent housing or services for people experiencing homelessness; 3 3. The supplanting of funds maintains or increases the Local Jurisdiction's ability to achieve the goals stated above; and 4. Local Jurisdiction agrees to redirect the local funds being replaced by the Funds to another eligible use under this Agreement that advances one or more of the goals set forth in Section W.A. Local Jurisdiction shall submit an annual certification of compliance to the County no later than October 1 of each year. The certification shall be signed by an authorized representative of Local Jurisdiction and must affirm compliance with all requirements set forth in this Section. The County reserves the right to request supporting documentation, including documentation showing the eligible use of the redirected funds, to verify compliance with this Section. If Local Jurisdiction fails to comply, the County may exercise any remedies available under this Agreement, including withholding of Funds or terminating the Agreement. IV. GOALS AND METRICS A. Goals: The Parties agree to work collaboratively to achieve the following goals: Increase the number of people moving from encampments into permanent housing to reduce unsheltered homelessness; 2. Reduce the number of people with mental illness and/or substance use disorders who experience homelessness; 3. Increase the number of people permanently leaving homelessness; 4. Prevent people from falling into homelessness; and 5. Increase the number of affordable housing units in Los Angeles County. B. Baseline Metrics, Target Metrics, Key Performance Indicators, and Key System Performance Metrics: Local Jurisdiction shall work towards achieving the metrics and key performance indicators as follows: Demonstrating progress from the baseline metrics toward the target metrics as set forth in Exhibit B, Measure A Goals and Recommended Targets, which are attached and incorporated herein by reference. Project funded by the Funds shall contribute to achieving the goals in Section W.A. 2. Project Specific Key Performance Indicators ("PS-KPIs") and Project Specific Target Outcomes related to the use of the Funds, as set forth in Exhibit A, Project Description and Budget. The Parties will amend this Agreement to incorporate any additional or revised key performance indicators approved by the County. 3. Key system performance metrics related to the use of the Funds, including, but are not limited to: a. Creating a standardization of basic services to bring people inside and ensure that people have access to social services, medical care, and behavioral/mental health care. b. Establishing a homeless -service -delivery system more accessible to all communities; C. Meeting regional housing needs for "Lower Income Households," which has the same meaning as defined in California Health and Safety Code section 50079.5; d. Using an equity lens and reducing racial disparities and disproportionate impact of homelessness and housing insecurity for critical populations, including but not limited to veterans, seniors, transition -age youth, families with children, people with disabilities, 21 people with animal companions, women, members of LGBTQIA+ communities, survivors of domestic violence, overrepresented racial groups, and others at risk of homelessness; and e. Increasing accountability and transparency in the use of public funds. 4. The Parties will amend this Agreement to incorporate any additional or revised metrics and key performance indicators approved by the County. V. REGIONAL PLAN AND BEST PRACTICES A. Alignment with Regional Plan: Local Jurisdiction shall ensure that its Project funded by the Funds align with the County's adopted regional plan and contribute to the achievement of its stated goals and objectives. Local Jurisdiction shall coordinate with County's efforts to combat homelessness, including collection of data to build a more comprehensive and inclusive version of the Regional Plan and provide continual updates to create a "living" Regional Plan. The County's Regional Plan is attached as Exhibit C, Measure A Regional Plan, and incorporated herein by reference. B. Best Practices for Standardization of Care: Local Jurisdiction shall implement best practices for the standardization of care, including but not limited to connections to behavioral and mental health, medical care, and other programs and services. Project funded by the Funds should aim to create connections to mainstream safety net programs supported by other funds from the County, state, and federal governments, including connections to medical and mental health care supported by state and federal programs as well as other entitlement programs. Funding for Project shall be allocated according to need and equity, considering factors such as the point -in -time count or other similar measures of the population experiencing homelessness or housing instability. Local Jurisdiction shall also comply with any additional best practices for standardization of care, including guidance and key performance indicators approved by the County. The Parties will amend this Agreement as needed to incorporate such County -approved standards of care as an exhibit. VI. CONSTRUCTION AND REHABILITATION WORK A. Prevailing Wages: Any construction or rehabilitation project receiving Funds or financed under Funds, including but not limited to a project of fewer than 40 units, shall constitute a public work for which prevailing wages shall be paid for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the California Labor Code. B. Project Labor Agreement for Projects with 40 or More Units: A project of 40 or more units is eligible to receive Funds or financed under Funds only if all construction and rehabilitation is subject to the City of Los Angeles Department of Public Works Project Labor Agreement 2020-2030 if the project is within the City of Los Angeles, or the Countywide Community Workforce Agreement, executed by the Chief Executive Officer on June 7, 2023, if the project is elsewhere or any successor to either agreement. For purposes of this Section, the number of units means the maximum number of units authorized in an entitlement granted by the land use permitting authority for a development project, regardless of whether construction or rehabilitation proceeds in phases or project ownership is divided. C. Alternative Project Labor Agreement: Notwithstanding Section VI.B, above, if a project labor agreement is agreed between Local Jurisdiction or its project developer, the Los Angeles/Orange Counties Building and Construction Trades Council, and the Western States Regional Council of Carpenters, then a project with 40 or more units is eligible to receive funding or financing from Measure A if all 5 construction and rehabilitation is subject to that project labor agreement D. Designated Enforcement Agency (DEA): Local Jurisdiction acknowledges that the DEA has the authority to enforce Labor Code Sections 1720-1815, as amended from time to time, for projects funded by the Funds. Any developer, contractor, or subcontractor as to such projects shall be required to cooperate fully in any investigation the DEA initiates. For projects located in the City of Los Angeles, the DEA shall be the Department of Public Works, Bureau of Contract Administration. For projects located elsewhere, Local Jurisdiction shall act as or designate the DEA. The DEA shall be authorized to work with joint labor management committees established pursuant to the federal Labor Management Cooperation act of 1978 (29 U.S.C. section 175a) in order to carry out the enforcement/investigation duties under Measure A. A joint labor management committee may bring an action in any court of competent jurisdiction against an employer that fails to comply with the labor standards required by this Agreement and Measure A. E. Compliance and Cooperation: Local Jurisdiction, including Local Jurisdiction's developers, contractors, and subcontractors, shall comply with the prevailing wage requirements, project labor agreement requirements, and any other labor standards set forth in this section. Failure to comply may result in enforcement actions, including but not limited to withholding of funds, or termination of this Agreement per Section XIV.J. Termination. VII. RECRUITMENT AND RETENTION OF HOMELESSNESS SERVICE AND PREVENTION WORKERS A. All Local Jurisdiction's contracts that use Funds to pay for social services positions, including but not limited to homelessness services and eviction prevention workers, must: 1. Set sufficient payment rates to enable contractors to pay wages aligned with public and private market conditions; 2. Allow amendments, as needed, to provide that incentives and wage increases for cost of living similar to those offered to County staff and/or Los Angeles Homeless Services Authority (LAHSA) staff are also available to service provider and prevention worker staff; 3. Allow annual adjustments to reflect cost -of -living adjustments, increases in administrative allowances, and operational cost changes due to inflation or other factors (such as supply shortages, insurance market changes, etc.); 4. Be paid in a timely manner to prevent unnecessary cost increases borne by service providers; and 5. Not result in displacement of public employees. B. The requirements under Section VII.A. shall be fully implemented and enforced by July 1, 2026, to allow for necessary administrative, budgetary, and contractual adjustments while ensuring compliance with Measure A. During the transition period, Local Jurisdiction shall coordinate with the County to align all Measure A - funded social services positions with the requirements set forth in this Section to the maximum extent feasible. VIII. INVOICING AND PAYMENT A. The Local Jurisdiction must invoice the County only for the tasks, deliverables, goods, services, and other work specified in Exhibit A, Project Description and Budget, and elsewhere hereunder. The Local Jurisdiction's payments will be as provided in Exhibit A, and the Local Jurisdiction will be paid only for the tasks, deliverables, goods, services, and other work approved in writing by the County. If the County does not approve work in writing, no payment for any services will be 6 due to the Local Jurisdiction, including for work rendered B. The Local Jurisdiction's invoices must contain the information set forth in Exhibit A, Project Description and Budget, describing the tasks, deliverables, goods, services, work hours, and facility and/or other work for which payment is claimed. The Local Jurisdiction must prepare invoices, which will include the charges owed to the Local Jurisdiction by the County under the terms of this Agreement and in accordance with Exhibit A. C. The Local Jurisdiction must submit monthly invoices to the County by the 15th calendar day of the month following the month of service. All invoices under this Agreement must be submitted to the County's Project Manager. If County does not receive the invoices timely, then at the County's sole discretion, all work intended to be paid by such invoice may be considered gratuitous effort on the part of the Local Jurisdiction, for which Local Jurisdiction has no claim whatsoever against County. D. All invoices submitted by the Local Jurisdiction for payment must have the written approval of the County's Project Manager prior to any payment thereof. In no event will the County be liable or responsible for any payment prior to such written approval. Approval for payment will not be unreasonably withheld. E. Default Method of Payment: Direct Deposit or Electronic Funds Transfer i. The County, at its sole discretion, has determined that the most efficient and secure default form of payment for goods and/or services provided under the Agreement with the County shall be Electronic Funds Transfer (EFT) or direct deposit, unless an alternative method of payment is deemed appropriate by the Auditor -Controller (A-C). ii. Local Jurisdiction shall submit a direct deposit authorization request via the website https://directdeposit.lacounty.gov with banking and vendor information, and any other information that the A-C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements. iii. Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or direct deposit shall supersede this requirement with respect to those payments. iv. At any time during the duration of the Agreement, Local Jurisdiction may submit a written request for an exemption to this requirement. Such request must be based on specific legal, business, or operational needs and explain why the payment method designated by the A-C is not feasible and an alternative is necessary. The A-C, in consultation with the contracting County department(s), shall decide whether to approve exemption requests. IX ACCOUNTABILITY AND REPORTING Local Jurisdiction shall complete financial and status reports on the dates specified as follows: A. Project Review and Evaluation: The County will monitor, evaluate, and provide guidance to the Local Jurisdiction in the performance of the Measure A Funds allocated to Local Jurisdiction. Reviews will focus on the extent to which the planned Measure A Funds have been implemented and measurable goals achieved, effectiveness of the Project management, and impact of the Project. The Local Jurisdiction shall make available for inspection to authorized County and their agents, for the term of this Agreement and for a period of five (5) years from the expiration date of this Agreement, all records, including financial, pertaining to its performance under this Agreement, and allow said County personnel and agents to inspect and monitor the Local Jurisdiction Measure A funded Project, and interview the Local Jurisdiction's staff and Project participants, as required by the 7 County and in compliance with Measure A. Failure of the Local Jurisdiction to comply with the requirements of this Section shall constitute a material breach of the Agreement upon which the County, through its Chief Executive Officer, or designee, may cancel, terminate this Agreement. B. Reports and Records: The Local Jurisdiction agrees to prepare and submit financial, Project progress, monitoring, evaluation, or other reports required by the County. The Local Jurisdiction shall maintain and permit onsite inspections of such property, personnel, financial, and other records and accounts as are considered necessary by the County to assure proper accounting for all Agreement Measure A Funds during the Term of this Agreement and for a total of five (5) years thereafter. The Local Jurisdiction will ensure that its employees, agents, City Council members, officers, and board members furnish such information, which in the judgment of County representatives, may be relevant to a question of compliance with contractual conditions, with the County directives, or with the effectiveness, legality, and achievements of the Local Solutions Fund. Quarterly Reports: Local Jurisdiction shall submit a quarterly report using a County approved method that details the status of work performed, including project specific key performance indicators and target specific outcomes. All quarterly reports and supporting documents shall be submitted to County within 30 days after each quarter. A quarterly reporting template is attached and incorporated herein by reference as (Exhibit E). 2. Annual Reports: Local Jurisdiction shall submit an annual report to the County by October 1 st of each year detailing the use of the Funds, including: 1) the amounts of Funds received and spent in the previous fiscal year, 2) the status of any projects or work funded by the Funds, and 3) any Funds carried over from previous years and to be carried over to future years. 3. Certification: Local Jurisdiction shall provide a certification, in a form provided by County, to be signed by its Executive Director, City Manager, or designee, with each report required under this Section IX that the statements contained in the report are, to the best of Local Jurisdiction's knowledge and understanding, true and accurate and that the expenditures described in the report comply with the uses permitted under Section III, Funding Allocation, Exhibit A, Project Description and Budget, and as authorized by the County Board. C. Public Availability: Local Jurisdiction shall make the annual reports and records publicly available, without charge, including by posting them on its website for at least five (5) years after they are completed, to ensure transparency and accountability in the use of public funds. D. Data Collection and Reporting: The Local Jurisdiction agrees to collect and report data as required by this Agreement to assess the effectiveness of funded Project, facilitate reporting, monitoring, and outcome analysis. This includes providing data on outcomes related to homelessness prevention, housing stability, mental health treatment, substance use disorder treatment, and other relevant indicators. To the extent feasible, the County will require the Local Jurisdiction to report expenditures and other key metrics in a uniform manner. E. Accounting: The Local Jurisdiction shall establish and maintain on a current basis an adequate accounting system in accordance with Generally Accepted Accounting Principles ("GAAP") Standards, and the County Auditor -Controller Agreement Accounting and Administration Handbook. Regardless of the Local Jurisdiction's method of accounting, expenses must be reported in accordance with this Agreement. F. Submission of Reports to County Project Manager: All completed reports described in this Section shall be submitted timely to the County's Project Manager. X. FINANCIAL RECORDS AND AUDITING A. Audits: County shall monitor the progress of the Measure A funded Project through this Agreement and ensure Local Jurisdiction's compliance with the terms and objectives outlined herein. The Local Jurisdiction shall make available for inspection and audit to authorized County personnel and their agents, for the term of this Agreement and a period of five (5) years from the expiration date of this Agreement, and allow said County personnel and agents to inspect and audit all of its books and records relating to each Project operation or business activity which is Measure A funded in whole, or in part, in compliance with Measure A and this Agreement. Failure of the Local Jurisdiction to comply with the requirements of this Section shall constitute a material breach of this Agreement upon which County may cancel or terminate this Agreement. Within ten (10) days of the County's written request, Local Jurisdiction shall allow the County access to financial and program records during regular business hours at any place Local Jurisdiction keeps those records. 2. Local Jurisdiction agrees to maintain accurate and complete financial accounts, documents, and records relating to this Agreement in accordance with general accepted accounting principles. Local Jurisdiction must maintain accurate and complete employment and other records relating to its performance of this Agreement. Local Jurisdiction shall make financial records available to the County for auditing at reasonable times. Local Jurisdiction agrees that the County, or its authorized representatives, will have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent transaction, activity, or record relating to this Agreement. All such material, including, but not limited to, all financial records, bank statements, cancelled checks or other proof of payment, timecards, sign- in/sign-out sheets and other time and employment records, and proprietary data and information, will be kept and maintained by Local Jurisdiction and will be made available to the County during the term of this Agreement and for a period of five (5) years thereafter unless the County's written permission is given to dispose of any such material prior to such time. 3. Local Jurisdiction, within thirty (30) days of notification from the County of its audit findings, may dispute the audit findings in writing to the County and provide the County with records and/or documentation to support the expenditure claims. The County shall review this documentation and make a final determination as to the validity of the expenditures. The Local Jurisdiction agrees that in the event that the Measure A funded Project established hereunder is subject to audit exceptions by appropriate audit agencies, it shall be responsible for complying with such exceptions and paying the County the full amount of the County's liability to the funding agency resulting from such audit exceptions. 4. It is understood and agreed that any funds paid to Local Jurisdiction hereunder may only be used for the purposes specified in this Agreement and in accordance with Measure A. In furtherance of this understanding, it is agreed that should the County determine that any funds paid to Local Jurisdiction hereunder have been used for purposes other than those authorized by this Agreement, Local Jurisdiction is required to immediately refund any such improperly used funds to the County. B. Redirecting Funds for Unexpended Funds: Effective October 1, 2027, if Local 9 Jurisdiction reports unexpended funds equaling 30 percent or more of its allocated proceeds from the Local Solutions Fund in two consecutive annual reports, County shall reallocate the excess amount exceeding the 30 percent threshold ("Excess Amount") back to the County's Local Solutions Fund. The County shall, within 45 days of identifying the Excess Amount (or by November 15th), issue a written notice to Local Jurisdiction informing it that County will withhold from the next annual allocation the portion of funds exceeding 30 percent of that year's total allocation for reallocation to the County's Local Solutions Fund. For the purposes of this provision, funds appropriated for permanent affordable housing construction by Local Jurisdiction shall be excluded from the calculation of unexpended funds and shall not be considered when determining whether the 30 percent threshold has been exceeded. C. Redirecting Funds for Failure to Meet Target Metrics: The County reserves the right to evaluate progress toward the target metrics established under Measure A and/or this Agreement. For each goal for which the target metric has not been achieved as of December 31, 2030, the County reserves the right, in its sole discretion, to redirect funds to or away from Local Jurisdiction's Project. XI. INDEMNITY AND INSURANCE A. Indemnity: Local Jurisdiction agrees to indemnify, defend, and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers ("County Indemnitees") from and against any and all liability, actions, causes of action, or expense of any kind, including, but not limited to, defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or related to this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the County Indemnitees. Any legal defense pursuant to Local Jurisdiction's indemnification obligations under this Section will be conducted by Local Jurisdiction and performed by counsel selected by Local Jurisdiction and approved by County. Notwithstanding the preceding sentence, County will have the right to participate in any such defense at its sole cost and expense, except that in the event Local Jurisdiction fails to provide County with a full and adequate defense, as determined by County in its sole judgment, County will be entitled to retain its own counsel, including, without limitation, County Counsel, and to seek reimbursement from Local Jurisdiction for all such costs and expenses incurred by County in doing so. Local Jurisdiction will not have the right to enter into any settlement, agree to any injunction, or make any admission, in each case, on behalf of County without County's prior written approval. B. Insurance: Local Jurisdiction shall provide and maintain at its own expense during the term of this Agreement the following program(s) of insurance or self-insurance covering its operations hereunder. Such insurance shall be provided by insurer(s) satisfactory to the County's Risk Manager and evidence of such programs satisfactory to the County shall be delivered to the County on or before the effective date of this Agreement. Such evidence shall specifically identify this Agreement and shall contain express conditions that County is to be given written notice at least thirty (30) days in advance of any modification or termination of any program of insurance. All such insurance, except for Workers' Compensation, shall be primary to and not contributing with any other insurance or self-insurance coverage maintained by County and shall name the County of Los Angeles as an additional insured. i. Commercial General Liability: with limits of not less than $1 million per occurrence. 10 Automobile Liability insurance: (Providing scope of coverage equivalent to ISO policy form CA 00 01) with limits of not less than $1 million for bodily injury and property damage, in combined or equivalent split limits, for each single accident. Insurance shall cover liability arising out of Contractor's use of autos pursuant to this Contract, including owned, leased, hired, and/or non -owned autos, as each may be applicable. iii. Workers' Compensation: For every Contractor providing services, a program of Workers' Compensation Insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California, and which specifically covers all persons providing services by or on behalf of Local Jurisdiction and all risks to such persons under this Agreement, and including Employer's Liability coverage with a $1 million per accident. iv. Crime Insurance: A comprehensive blanket crime insurance policy with each insuring agreement in an amount not less than $1 million, insuring against loss of money, securities, or other property referred to hereunder which may result from: 1. Dishonesty or fraudulent acts of officers, directors, or employees of Local Jurisdiction, or 2. Disappearance, destruction or wrongful abstraction inside or outside the premises or Local Jurisdiction, while in the care, custody or control of Local Jurisdiction, or 3. Sustained through forgery or direction to pay a certain sum in money. V. Property Coverage: If, under the terms of this Agreement, Local Jurisdiction shall have possession of rented or leased or be loaned any County -owned real or personal property, Local Jurisdiction shall provide: 1. For real property: insurance providing special form ("all risk") coverage for the full replacement value. 2. For personal property: insurance providing special form ("all risk") coverage for the actual cash value. XII. CONFLICT OF INTEREST A. Local Jurisdiction covenants that neither Local Jurisdiction nor any of its agents, officers, employees, contractors, or sub -contractors who presently exercise any function of responsibility in connection with the Project has a personal interest, direct or indirect, in the Agreement, except to the extent he or she may receive compensation for his or her performance pursuant to this Agreement. B. Local Jurisdiction, its agents, officers, employees, contractors, and sub -contractors shall comply with all applicable Federal, State and County laws and regulations governing conflict of interest now in effect or hereafter to be enacted during the term of this Agreement. XIII. AUTHORITY Local Jurisdiction warrants and certifies that it possesses the legal authority to execute this Agreement and to undertake the proposed Project, and that a resolution, motion, or similar action has been fully adopted or passed, as an official act of Local Jurisdiction 's governing body, and directing and designating the authorized representative(s) of Local Jurisdiction to act in connection with the Project specified and to provide such additional information as may be required by the County. XIV. STANDARD TERMS AND CONDITIONS A. Amendments and Change Notices: a. For any change which affects the scope of work, term, budget, payments, or any term or condition included under this Agreement, an amendment to 11 the Agreement will be prepared by the County and shall be executed by the Local Jurisdiction and an authorized designee of the County, and approved as to form by County Counsel. b. The County's Board or Chief Executive Officer or designee may require the addition and/or change of certain terms and conditions in the Agreement during the term of this Agreement. The County reserves the right to add and/or change such provisions as required by the County's Board or Chief Executive Officer. To implement such changes, an Amendment to the Agreement will be prepared by the County and shall be executed by the Local Jurisdiction and by an authorized designee of the County. C. For any change which does not materially affect the scope of work, term, budget, payments, or any term or condition included under this Agreement, a Change Notice will be prepared and signed by the County's Project Manager or designee and Local Jurisdiction's Project Manager. B. Independent Contractor: This Agreement is by and between the County and Local Jurisdiction and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between the County and Local Jurisdiction. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever. Local Jurisdiction shall be solely liable and responsible for providing to, or on behalf of, all persons performing work pursuant to this Agreement all compensation and benefits. The County shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, disability benefits, Federal, State, or local taxes, worker's compensation benefits or other compensation, benefits, or taxes for any personnel provided by or on behalf of Local Jurisdiction. C. Assignments and Subcontracts: a. Local Jurisdiction shall not assign its rights or delegate its duties under this Agreement, or both, whether in whole or in part, without the prior written consent of the County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this Section, the County's consent requires a written amendment to this Agreement that is formally approved and executed by Local Jurisdiction and the County. b. Any assumption, assignment, delegation, or takeover of any of Local Jurisdiction's duties, responsibilities, obligations, or performance of same by any entity other than Local Jurisdiction, whether through assignment, subcontract, delegation, or any other mechanism, with or without consideration for any reason whatsoever without County's express prior written approval, shall be a material breach of this Agreement which may result in the termination of this Agreement. C. Local Jurisdiction shall be solely liable and responsible for all payments or other compensation to all subcontractors and their officers, employees, agents, and successors in interest arising through services performed hereunder, notwithstanding the County's consent to subcontract. d. Any contractor or subcontractor of Local Jurisdiction are bound by the same obligations of this Agreement and shall comply with all Measure A requirements such as, but not limited to, Measure A allowable uses, purposes, Goals and Metrics (Exhibit B), Regional Plan (Exhibit C), and Best Practices (Exhibit D). Failure to comply may result in enforcement actions, including but not limited to withholding of funds, or termination of this Agreement per Section XIV.J. Termination. 12 D. Fair Labor: Local Jurisdiction agrees to indemnify, defend, and hold harmless the County, its agents, officers, and employees from any and all liability including, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorneys' fees arising under any wage and hour law violation including, but not limited to, Federal Fair Labor Standards Act for services performed by Local Jurisdiction's employees for which the County may be found jointly or solely liable. E. Religious and Political Activities: Local Jurisdiction agrees that Measure A Funds under this Agreement will be used exclusively for the performance of the work required under this Agreement, and that no Measure A funds made available under this Agreement shall be used to promote religious or political activities. Further, Local Jurisdiction agrees that it will not perform, nor permit to be performed, any religious or political activities in connection with the performance of this Agreement. F. Nondiscrimination: Local Jurisdiction shall not discriminate against any person on the basis of race, color, sex, sexual orientation, age, religious belief, national origin, marital status, physical or mental handicap, medical condition, or place of residence in providing any services under this Agreement. G. County Lobbyists: Local Jurisdiction and each County lobbyist or County lobbying firm as defined in Los Angeles County Code Section 2.160.010, retained by Local Jurisdiction, shall fully comply with the County Lobbyist Ordinance, Los Angeles County Code Chapter 2.160. Failure on the part of Local Jurisdiction or any County lobbyist or County lobbying firm retained by Local Jurisdiction to fully comply with the County Lobbyist Ordinance shall constitute a material breach of this Agreement upon which County may immediately terminate this Agreement. H. Confidentiality: Local Jurisdiction must maintain the confidentiality of all records and information in accordance with all applicable Federal, State and local laws, rules, regulations, ordinances, directives, guidelines, policies and procedures relating to confidentiality, including, without limitation, County policies concerning information technology security and the protection of confidential records and information. Public Records Act: Any documents submitted by Local Jurisdiction to the County become the exclusive property of the County. All such documents become a matter of public record and will be regarded as public records. In the event the County is required to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, and/or records, the Local Jurisdiction agrees to defend and indemnify the County from all costs and expenses, including reasonable attorney's fees, in action or liability arising under the Public Records Act. Termination: 1. Termination for Convenience: This Agreement may be terminated, in whole or in part, by either party for the convenience of that party. Termination of work hereunder shall be effected by notice of termination specifying the extent to which performance of work is terminated and the date upon which such termination becomes effective. 2. Termination for Default: The County may terminate this Agreement immediately by written notice to Local Jurisdiction upon Local Jurisdiction's failure to comply with the provisions of this Agreement. It is also understood and agreed that should the County determine that Local Jurisdiction's failure to perform relates to only part of the Project, the County, in its sole discretion, may elect to terminate only that part of the Agreement which shall in no way void or invalidate the rest of this Agreement. 3. Termination for Improper Consideration: a. The County may, by written notice to Local Jurisdiction, immediately terminate the right of Local Jurisdiction to proceed under this 13 Agreement if it is found that consideration, in any form, was offered or given by Local Jurisdiction, either directly or through an intermediary, to any County officer, employee, or agent with the intent of securing this Agreement or securing favorable treatment with respect to the award, amendment, extension of this Agreement, or the making of any determinations with respect to Local Jurisdiction's performance pursuant to this Agreement. In the event of such termination, the County shall be entitled to pursue those same remedies against Local Jurisdiction as it could pursue in the event of default by Local Jurisdiction. b. Local Jurisdiction shall immediately report any attempt by a County officer or employee to solicit such improper consideration. The report shall be made either to a County manager charged with the supervision of the employee or to the County Auditor -Controller's Employee Fraud Hotline at (800) 544-6861 or https://fraud.lacounty.gov/. C. Among other items, such improper consideration may take the form of cash; discounts; services; the provision of travel, entertainment, or tangible gifts. 4. In the event of termination, Local Jurisdiction will provide a detailed report of expenditures and funds that had not been expended, contracted, or encumbered by Local Jurisdiction for use in carrying out the purposes of the Agreement prior to Local Jurisdiction's receipt of County's notification of termination. Local Jurisdiction shall reimburse County within thirty (30) days of the termination, the full monetary value of all funds already disbursed under this Agreement that had not been expended, contracted, or encumbered by Local Jurisdiction. XV. NOTICES, REPORTS, INVOICES, AND APPROVALS A. All notices, reports, invoices, and approvals shall be directed to and made by the following representatives of the parties: To the County Representative: Name:XXXXXXXXXXXXXXXXXXXX Email: XXXXXXXXXXXXXX To Local Jurisdiction Representative: Name:XXXXXXXXXXXXXXXXX Email: XXXXXXXXXX B. Local Jurisdiction shall notify the County in writing within five (5) business days of any change in the names or email address above. XVI. SEVERABILITY. If any provision of this Agreement, or the application thereof, is held to be invalid, that invalidity shall not affect other provisions or applications of the Agreement that can be given effect without the invalid provision or application, and to this end the provisions of the Agreement are severable. XVII. PHOTOGRAPHS, FOOTAGE, AND OTHER MEDIA MATERIALS. The Local Jurisdiction represents and warrants that all photographs, videos, DVD's, footage, magazines, and other media materials provided to the County are either public record or have been legally procured without invading the copyright, ownership, or privacy 14 rights of any individual. The Local Jurisdiction further agrees to defend, hold harmless, and indemnify the County Indemnitees from any and all liability arising from or related to the County's use of said photographs, videos, DVD's, footage, magazines, and other media materials. XVIII. GOVERNING LAWS, JURISDICTION AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of California. To the maximum extent permitted by applicable law, Local Jurisdiction and the County agree and consent to the exclusive jurisdiction of the courts of the State of California for all purposes concerning this Agreement and further agree and consent that venue of any action brought in connection with or arising out of this Agreement, shall be exclusively in the County of Los Angeles. XIX. COMPLIANCE WITH FAIR CHANCE EMPLOYMENT HIRING PRACTICES. The Local Jurisdiction, and its contractors/subcontractors, must comply with fair chance employment hiring practices set forth in California Government Code Section 12952. Local Jurisdiction's violation of this paragraph of the Agreement may constitute a material breach of the Agreement. In the event of such material breach, County may, in its sole discretion, terminate the Agreement. XX. CAMPAIGN CONTRIBUTION PROHIBITION FOLLOWING FINAL DECISION IN CONTRACT PROCEEDING. Pursuant to Government Code Section 84308, the Local Jurisdiction and its contractors/subcontractors, are prohibited from making a contribution of more than $250 to a County officer for twelve (12) months after the date of the final decision in the proceeding involving this Agreement. Failure to comply with the provisions of Government Code Section 84308 and of this Section, may be a material breach of this Agreement as determined in the sole discretion of the County. XXI. RIGHTS AND REMEDIES NOT EXCLUSIVE. The rights and remedies of the County provided in any given paragraph, as well as throughout the Agreement, are not exclusive and are cumulative with any and all other rights and remedies under the Agreement, at law, or in equity. XXII. EXECUTION OF AGREEMENT AND AMENDMENTS. This Agreement and any amendments thereto may be executed in counterpart originals, utilizing wet and/or electronic signatures, each of which shall be deemed to constitute an original Agreement or amendment, and all of which shall constitute one Agreement or amendment. The execution of one counterpart by any Party shall have the same force and effect as if that Party had signed all other counterparts. 15 IN WITNESS WHEREOF, Local Jurisdiction has executed this Agreement #XXXXXXXXX or caused it to be duly executed by its authorized representative, and the County of Los Angeles by order of its Board of Supervisors, has delegated the authority to execute this Agreement on its behalf by the Chief Executive Officer, or her designee, on the date and year written below. COUNTY OF LOS ANGELES FESIA A. DAVENPORT Date Chief Executive Officer APPROVED AS TO FORM: DAWYN R. HARRISON County Counsel la Senior Deputy County Counsel XXXXXXXXXXXXXXX Print Name 111111Mr 16