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.
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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