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HomeMy WebLinkAboutC-5962 - MOU for Collaboration with NBPD to Help Combat Homelessness0 MEMORANDUM OF UNDERSTANDING WITH COAST TO COAST FOUNDATION FOR COLLABORATION WITH NBPD TO HELP COMBAT HOMELESSNESS THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into as of this cOl day of Cc* 2014, by arid between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and COAST TO COAST FOUNDATION, a not -for -profit corporation whose address is 18340 Yorba Linda Boulevard, #107-222, Yorba Linda, California 92886 ("Foundation"), and is made with reference to the foliowing: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. WHEREAS, Foundation desires to collaborate or has been collaborating with the Newport Beach Police Department ("Department") to provide assistance and support to the homeless population in the city of Newport Beach; and C. WHEREAS, the Foundation and the Department wish to set forth in writing their mutual understanding of the extent of such assistance and support and the expectations of the parties, but without the parties being legally bound to collaborate with each other or to provide or receive assistance and support or fulfill expectations; 0. WHEREAS, the collaboration between the parties may be terminated at any time by either party without any Iiability from one party to the other; E. The City and Foundation desire to enter this MOU to set forth the responsibilities of each party. NOW, THEREFORE, it is mutuatly agreed by and between the undersigned parties as foliows: 1. DUTIES OF FOUNDATION The Foundation intends to undertake the foltowing activities pursuant to this MOU: A. Mission: Reduce police calls for service related to the homeless poputation (clients) and to provide immediate resources to clients, to connect them to services and to help them off the streets. B. Goal: To build trust in the community with an outreach component and to have resources available when the client is ready to make a life change. C. Measurable Results: Outreach component to assist police officers awareness in the community, reuniting with family or frierids, and connecting clients to services. Mentoring to help clients break the cycle of homelessness and reduce homeless calls for service. D. Foundation to Provide at their Discretion: Management of the program includes the following: i. Providing the Homeless Liaison Officers ("HLO") with bus passes, $5.00 food cards (Subway & McDonalds), motel vouchers, DMV fees, gas cards, an address to use and relocation tickets for bus, plarie or train to give clients. il. At the discretion of the HLO, a 24/7 homeless officer locker with items provided such as sleeping bags, backpacks, socks, care kits, water and non-perishable food items like protein bars and ramen noodles. E. Finances & Fundinq: The city or cities served advocate funding in their own community through business, service organizations and service groups, and religious organizations. Funding shall be distributed as follows: 80% of funds received shall be used for the program costs to supply the partnership between Foundation and Department. Program costs include, but are not limited to, the items described in Section D (1). 20% of funds received shall be deposited in an account to be used as Foundation's general funds. These funds can be used to supply and/or finance any of the other participating Orange County Law Enforcement Agencies. It is a reciprocal fund in which Department can also receive funding from others. F. Cooperation with Citv: Foundation shall cooperate with City and comply with City requests reasonably related to the goals of the collaboration between Foundation and Department. 3. HOLD HARMLESS To the fullest extent permitted by Iaw, Foundation shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the 'lndemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attomey's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner COAST TO COAST FOUNDATION Page 2 relate (directly or indirectly) to any breach af the terms and conditions of this MOU, Foundation's presence or activities conducted on City facilities (inciuding the negligent and/or willfui acts, errors and/or omissions of Foundation, its principals, offlcers, agents, volunteers, employees, vendors, suppliers, consultants, contractors, anyone employed directly or indirectly by any of them or for wbose acts they may be Iiabie or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Foundation to indemnify the lndemnified parties from any Claim arising from the sole negiigence or wiltful misconduct of the lndemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on Otto enforce the terms of this MOU. This indemnity shall apply to ali claims and Iiability regardiess of whether any insurance policies are appiicable. 4. NOTICES All notices, demands, requests or approvals to be given under the terms of this MOU shall be given in writing, and conclusively shall be deemed served when delivered personaily, or on the third business day after the deposit thereof in the United States mali, postage prepaid, flrst-class mali, addressed as hereinafter provided. Ali notices, demands, requests or approvals from Foundation to City shail be addressed to City at: Attention: D *oC%er Mcb\t\ Newport Beach Polite Department City of Newport Beach 870 Santa Barbara Drive P0 Box 7000 Newport Beach, CA 92658 Phone: 949-644-3681 Fax: 949-644-3693 E-mail: @ All notices, demands, requests or approvals from City to Foundation shall be addressed to Foundation at: Attention: Coast to Coast Foundation 18340 Yorba Linda Boulevard, #107-222 Yorba Linda, CA92886 Phone: - -1- 5 Fax: ii4-aOsiOo Email: hthe nsvro c SffctwctR.ttck O 5. STANDARD PROVISIONS A. Recitais. City and Foundation acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. COAST TO COAST FOUNDATION Page 3 B. Compliance with all Laws. Foundation shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. C. Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. D. Inteqrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. E. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this MOU and any attachments attached hereto, the terms of this Agreement shall govem. F. Interpretation. The terms of this MOU shall be construed in accordance with the meaning of the Ianguage used and shall not be construed for or against either party by reason of the authorship of the MOU or any other rute of construction which might otherwise apply. G. Amendments. This MOU may be modified or amended only by a written document executed by both Foundation and City and approved as to form by the City Attorney. H. Severabilitv. If any term or portion of this Agreement is held to be invalid, iliegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this MOU shall continue in full force and effect. 1. Controtlinci Law and Venue. The laws of the State of California shall govern this MOU and all matters relating to it and any action brought retating to this MOU shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. J. Equal Opportunitv Emoloyment. Foundation represents that it is an equal opportunity emptoyer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under taw. K. No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shati not be entitled to attorneys' fees. COAST TO COAST FOUNDATION Page 4 L. Couriterparts. This MOU may be executed in two (2) or more counterparts, each of which shall be deemed an original and alt of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] COAST TO COAST FOUNDATION Page 5 IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: /\ Aa$rjHarp CAMq Cit'-Attorney ATTEST: Date: By: Leilahi Brown, City Clerk CITY OF NEWPORT BEACH, A Catifornia Municipal Corporation Date: By: J,{Jdhnsr Chief Newpart Beach Police Department 10 FOLJNDATION: COAST TO COAST FOUNDATION Date: 10 -21 - COAST TO COAST FOUNDATION Page 6