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18-0116_HOMEFRONT AMERICA, INC._E12_Agenda ReportTO : FROM: City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council ~njamin Siegel, City Manager 1/16/2018 E12 SUBMITTED BY: Jacob Green, Assistant City Manager ~ DATE: SUBJECT: January 16, 2018 Consideration of a Memorandum of Understanding with Homefront America for Events and Services for the City's Adopted 1st Battalion, 11th Marine Regiment RECOMMENDATION: Approve the Memorandum of Understanding between the City and HomefrontAmerica, substantially in the form attached, for events and services related to the City's Adopted 1st Battalion, 11th Marine Regiment. DISCUSSION/ANALYSIS : On August 15, 2006, the City adopted the 1S1 Battalion, 11 1h Marine Regiment in appreciation of the dedication and service provided by the Armed Forces (Attachment 1 ). On December 6, 2016, the City Council adopted a Memorandum of Understanding (MOU) with Homefront America, a volunteer-based, nonprofit military outreach organization whose focus is to support active military personnel, veterans and their families (Attachment 2). As outlined in the MOU, Homefront America partners with the City of San Juan Capistrano to provide direct support to the 1st Battalion, 11th Marine Regiment and their families, and orchestrates City events including the Field of Honor, Veterans and Memorial Day Ceremonies. The MOU previously adopted by the Council waives all fees for use of City facilities, provides dedicated website space for the adopted battalion, and enables the City to send notifications to the community through the City's electronic notification system. Homefront America sent a letter to the City (Attachment 3) requesting additions to the previously adopted MOU. After discussion with Homefront America, the additions that City Council Agenda Report January 16, 2018 Page 2 of 3 have been incorporated into the new draft MOU for Council consideration are: 1) Vendor booth provided at the San Juan Summer Nites Concert Series and Christmas Tree Lighting Celebration, and 2) Waived banner fees for use of a Homefront America provided banner at the intersection of Del Obispo and Camino Capistrano to promote Homefront America events in support of the 1/11 (Attachment 4). Additionally , staff recommends extending the Memorandum of Understanding for a three- year term, through December 31, 2020. FISCAL IMPACT: The City currently holds $114.90 of funds collected from donors in support of the 1st Battalion, 11th Marines. This unexpended balance of donated funds and any future donations received by the City to support the pt Battalion, 11th Marines will be expended to assist the Marines, Sailors, and family members associated with the Battalion. Homefront America may request reimbursement from the City for specific expenses paid by Homefront America. Any such requests for reimbursement will be supported by copies of third party vendor invoices attached to the reimbursement request that support the amounts requested. Waiving the fees associated with the City's Street Banner Program would result in a potential loss of revenue in the amount of $224.51 per banner installation. A fee is not assessed for City sponsored events. ENVIRONMENTAL REVIEW: In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061 (b)(3), the general rule that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Continuation of a Memorandum of Understanding between the City and Homefront America would not be an activity with potential to cause significant effect on the environment and therefore exempt from CEQA. PRIOR CITY COUNCIL REVI EW: • On August 15,2006, the City Council adopted by Resolution the 1st Battalion, 11th Marine Regiment. • On October 4, 2016, staff was directed to bring back a Memorandum of Understanding between the City and Homefront America for events and services for the 1st Battalion, 11th Marine Regiment. City Council Agenda Report January 16, 2018 Page 3 of 3 • On December 6, 2016, the City Council approved the Memorandum of Understanding between the City and Homefront America for events and services related to the City's adopted 1st Battalion, 11th Marine Regiment. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS : Not Applicable. NOTIFICATION : Mamie Yang Maywhort, Founder, Homefront America LtCol Todd McCarthy, Commanding Officer, 1st Battalion, 11th Marines Maj . W. R. Soucie, Executive Officer, 1st Battalion, 11th Marines Jose Acosta, Family Readiness Officer, 1st Battalion, 11th Marines ATTACHMENTS: Attachment 1 -Resolution 06-08-15-01 Adopting USMC 1st Battalion, 11th Marines Attachment 2 -2017 Adopted Memorandum of Understanding Attachment 3-Letter from Homefront America (December 19, 2017) Attachment 4-DRAFT Memorandum of Understanding I SP RESOLUTION NO. 06-08-15~01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE FIRST BATIALION OF THE 11TH MARINE REGIMENT, UNITED STATES MARINE CORPS, CAMP PENDLETON WHEREAS, San Juan Capistrano is located near Camp Pendleton, and many military personnel, their families, and Veterans have chosen to call this community home; and · WHEREAS, San Juan Capistrano has a long history of active cqmmunity involvement and volunteerism and we would ~ike to expand our support and ~how our appreciation for American military forces that are engaged in defending or are prepared to defend and support the interests and principles of United States; and : WHEREAS, in July 20 06, the City was approached with the concept o officially adopting a M a rin e battalion. specifically t he First Batta lion of the 11tn Marine Re g i ent; an d WHEREAS, on July 18, 20 06 the Sa n Juan Capistrano City Council direct~d staff to prepare a resolution of su pport to officia lly ado pt the F irst Battalion, 11th Marine R-eg im e nt which is based at Camp Pendleton; and WHEREAS, The City of San Juan Capistrano is pleased to be participating in thls communitywide effort and it is our best hope that our residents, businesses. services, clubs. and non -profit org an izations will choose to become involved in suppdrti ng the members of t his military unit who a re serving our country ab ro ad or to su pport t hei families wh ile th ey are away; i NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SA~ JUAN CAPISTRANO DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FO[LOWS: Section 1. The foregoing recitals are true and correct. Section 2 . The C ity of San Ju a n Capistrano does hereby officially adop1 the First Battalion, 11th M ari ne Regiment, United States Marine Corp~. Camp Pendleton. Section 3. On behalf of the residents of San Juan Capistrano, the Cit Council wishes to wholeheartedly convey its deepest apprecialon and gratitude to the men and women of the Armed Forces, esp e Iaiiy the members of the First Battalion, 11th Marine Regim en whose dedication, love of country, courage and bravery serv as an inspiration to us all. l I I Page 1 of 2 August15,2006 ATTACHMENT 1 Section 4. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED, AND ADOPTE? this 15th d2y of A;#Just , 2~ / L /) .-~· /?" ( L .,/~ >f,.{/s.. DAVID SWt:. DUN, MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 06-QB -15-01 wa$ duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, eld the 15tll day of August 2006, by the following vote : Hart, Bathgate, Alleva to, Soto and Mayor Swerdiin None None Page 2 of2 August 15,2006 SP MEMORANDUM OF UNDERSTANDING FOR EVENTS AND SUPPORT SERVICES FOR THE FIRST BATTALION, 11 MARINES This MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into this 6 Day of December 2016, by and between the City of San Juan Capistrano, a California municipal corporation (thereinafter referred as "City"), and Homefront America, Inc. (thereinafter referred to as "Homefront"). RECITALS : WHEREAS, Homefront is a nonprofit organization providing continuous support to members of the armed services and their families with emphasis on meeting the social, emotional and physical well-being of their children; and, WHEREAS , this Memorandum of Understanding establishes the duties and responsibilities of the City and Homefront as it relates to the 1st Battalion, 11 1h Marines. The City has recognized Homefront to act as the liaison on behalf of the City for the 1st Battalion, 11 1h Marine Regiment. The 1st Battalion, 11th Marines are an adopted Regiment of the United States Marine Corps.; and WHEREAS, the City has accepted Homefront's offer to provide frequent and continuous support, coordination of events, solicitation for donations, and services as they should arise; NOW, THEREFORE, LET IT BE MUTUALLY AGREED TO BY CITY AND HOMEFRONT AS FOLLOWS: I. PROJECT SITE Homefront America, Inc., 31877 Del Obispo, San Juan Capistrano, CA 92675. II. HOMEFRONT REPONSIBILITIES : a. Homefront is to provide participants to volunteer. b. Homefront is to provide a meeting location for volunteers to meet and discuss upcoming events. c. Homefro nt is to provi de support and raise public awareness about the 1st Battalio n, 11th Mari ne s. d. Homefro nt is to provide a fliers and informational materials about the 1st Batta lion , 11th Marines and events . 1 ATTACHMENT 2 e. Homefront is to provide and maintain volunteer release forms in compliance with the City's policies. The City will not be deemed to employ, contract with, or have any responsibility for anyone who prepares such programs and events provided by Homefront to the public for the volunteer events and activities . f. Homefront is to provide an ann u a I written report to the City Manager's Office outlining donations received and use of funds . g. Homefront agrees to provide program support by organizing and coordinating the following events to the best of their ability: Dinners for single Marines in the Barracks. ii Dinners for Marines who attend San Juan Summer Nites Concerts. iii Homecoming preparation for single Marines. iv Gifts cards to Marines receiving quarterly recognition awards by the City Council. v Halloween treat bags for annual "trunk-or-treat." vi Beverages and cookies for "Family Day." vii Seek donations for ball gowns, baby showers, iCare kits, and items related to the cause. viii Advertise and coordinate hosting Marines for Thanksgiving Dinner. ix Toy Drive for Christmas; Donated food for Christmas dinner x Annual attendance to Heroes Night Out. xi Backpacks and school supplies for families xii Additional support upon request. Ill. CITY RESPONSIBILITIES: a. City shall provide Homefront in-kind support such as use of City tables, chairs, canopies, and use of facilities for purposes of committee meetings, should they be available, at no-cost. b. City shall waive fees for use of City facilities for the purposes of hosting even ts for the 1st Battalio n, 11th Marines. c. City shall waive fees for use of City facilities for Field of Honor, Veterans and Memorial Day Ceremonies . 2 d. City shall create and ma intain a dedicated page on the City 's website fo r information and events pertaining to the 1st Bat talion, 11th Ma rin es, with contact information included. e. City sha ll assist adverti sing events and donation drives for the 1st Batta li on, 11th Marines by se nd ing elect ro ni c notifications (e-news). f . The City Manager shall assign a liaison between Homefront America, Inc. and the City . IV. P ROJ ECT EXPENS ES: a. Homefront will pay all costs associated with any "events" sponsored solely by Homefront America, Inc. b. In the event, that th e City has un expen ded fund s from donations held in support of the 1st Batt alion, 11 1h Ma rines, the Ci ty may offer such funds to reimburse Homefront America for actual expenses paid in support of the unit. Such requests by Homefront America for reimbursement will be supported by copies of third party vendor invoices attached to the reimbursement request. V . CONDITIONS OF OPERATION a. Homefront shall work in collaboration with City staff to coordinate events taking place on City grounds or in City facilities . Necessary applications, permits and forms must be submitted in compliance with the City's current policies . b. Homefront shall coordinate with the City staff and will comply with regulations and procedures established by the City for special activities. c. Homefront shall not be compensated by the City for signature events. VI. INSURANCE/INDEMNIFICATION a. Insurance: Throughout the term of this Memorandum of Understanding, Homefront shall maintain in full force and effect such insurance, in amounts, types and upon such terms, as may be required by the City Manager and City Attorney. b. Indemnity: Homefront shall indemnify, defend, and hold harmless the City of San Juan Capistrano and its officers and employees against all liabilities or claims of liability or loss (including reasonable attorneys' fees , related costs , and expenses) because of death , personal injury or property damage arising or resulting from the fault of negligence of Homefront, its 3 employees or agents in its operations under this Memorandum of Understanding. c. Homefront shall, within 15 days following this Memorandum of Understanding's approval, submit all required insurance documents to City of San Juan Capistrano required by this Memorandum of Understanding. VII. TERM AND TERMINATION a. The term of this Memorandum of Understanding shall commence on the date first above written and shall remain in effect until December 31, 2017, unless extended or terminated earlier in writing by both City and Homefront. b. This Memorandum of Understanding may be terminated without cause by either party with ninety (90) days prior written notice to other party. VIII. NOTICES a. Written notification regarding this Memorandum of Understanding will be given as follows: To City: City of San Juan Capistrano Attn.: Benjamin Siegel, City Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Agent: Homefront America, Inc. Attn.: Mamie Maywhort, Co-Founder 31877 Del Obispo, Suite 101 San Juan Capistrano, CA 92693 [SIGNATURE PAGE TO FOLLOW] 4 The terms and conditions described above are agreed to: ATTEST: APPROVED AS TO FORM: ..... (~). ,'?/! i ~/ Jeffrey Ballinger, City Attorney HOMEFRONT AMERICA, INC. "---~"-"' L..:._ __ ...... -•• '-'-. '--------- Mamie Maywhort, Co-Founder CITY OF SAN JUAN CAPISTRANO 5 mer1ca Supporting Military Families ©2011 December 19,2017 Mr. Ben Siegel, City Manager City of San Juan Capistrano 32400 Pasco Adelanto San Juan Capistrano, CA 92675 RE: MOU Renewal Dear Mr. Siegel, RECeYED DEC 2 0 2017 City Manager-s Depl. We are grateful to have had the opportunity to serve as the liaison, on behalf of the City, for the I st Battalion 11 111 Marine Regiment this past year. ll has ttuly been an honor and privilege. We have enjoyed the relationship and would welcome the City's consent for us to continue in this capacity for 2018. As you know, the current MOU expires on December 31,2017. lt is our understanding the renewal is scheduled to be on the Council agenda for January 16 , 2018 . ln the interim , we will g ladly provide suppo11 for the Marines, Sailors, and families of 151 Battali.on 11 111 Marines, on behalf of the City, during this time. In accordance with Section II, Item f of the MOU, please find attached a copy of our report outlining cash income and expenses for 2017. Please note this report is as of 12/19/17. Therefore, December activities are not all inclusive. With regard to the MOU, we respectfully ask the City to consider adding the following to Section II, Item g: • Option to hold 1111 car washes at the City owned parking lot at the southwest intersection of Ortega Highway and El Camino Real. • Vendor booth at the San Juan Summer Nites Concert Series & Christmas Tree Lighting Celebration. • Banner at the intersection of Del Obispo and Camino Capistrano to promote 1/11 events. Banner costs to be borne by 1111 Battalion; however, City fees would be waived. It is understood banner space is based on availability and a separate application must be submitted for each event. In c lo sing, we wish to express our gratitude to the City's leadership and staff for their trust and confidence in us. We are proud of what we have accomplished together this past year, and look forward to building on those accomplishments. Please do not hesitate to call our office should you require additional information. Respectfully, Mamie Y ong Maywhort Founder, Homefront America Cc: LtCol Todd McCarthy, Commanding Officer, }51 Battalion J 1111 Marines Maj. W. R. Soucie, Executive Ofiiccr, I st Baualion l )111 Marines Jose Acosta, Family Readiness Officer, I 81 Battalion ll 1h Marines Mailing Address: 27375 Paseo La Serna, San Juan Capistrano, CA 92675 Office Address: 31877 Del Obispo, Ste I 0 I, San Juan Capistrano, CA 92675 (949) 248-9468 + www.homefrontame rica.org + info@homefrontamerica.org 50 I (c)(3) EIN : 54-2178448 ATIACHMENT 3 MEMORANDUM OF UNDERSTANDING FOR EVENTS AND SUPPORT SERVICES FOR THE FIRST BATTALION, 11 MARINES This MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into this 16 Day of January 2018 , by and between the City of San Juan Capistrano, a California municipal corporation (thereinafter referred as "City"), and Homefront America, Inc. (thereinafter referred to as "Homefront"). RECITALS : WHEREAS, Homefront is a nonprofit organization providing continuous support to members of the armed services and their families with emphasis on meeting the social, emotional and physical well-being of their children; and, WHEREAS, this Memorandum of Understanding establishes the duties and responsibilities of the City and Homefront as it relates to the 1st Battalion, 11th Marines. The City has recognized Homefront to act as the liaison on behalf of the City for the 1st Battalion, 11th Marine Regiment. The 1st Battalion, 11th Marines are an adopted Regiment of the United States Marine Corps.; and WHEREAS, the City has accepted Homefront's offer to provide frequent and continuous support, coordination of events, solicitation for donations, and services as they should arise; NOW, THEREFORE, LET IT BE MUTUALLY AGREED TO BY CITY AND HOMEFRONT AS FOLLOWS: I. PROJECT SITE Homefront America, Inc., 31877 Del Obispo, San Juan Capistrano, CA 92675 . II. HOMEFRONT REPONSIBILITIES: a. Homefront is to provide participants to volunteer . b. Homefront is to provide a meeting location for volunteers to meet and discuss upcoming events. c. Homefront is to provide support and raise public awareness about the 1st Battalion, 11th Marines. d. Homefront is to provide a fliers and informational materials about the 1st Battalion, 11th Marines and events. e. Homefront is to provide and maintain volunteer release forms in compliance with the City's policies. The City will not be deemed to employ, contract with, 1 ATTACHMENT 4 or have any responsibility for anyone who prepares such programs and events provided by Homefront to the public for the volunteer events and activities. f. Homefront is to provide an ann u a I written report to the City Manager's Office outlining donations received and use of funds. g. Homefront agrees to provide program support by orgamz1ng and coordinating the following events to the best of their ability: Dinners for single Marines in the Barracks. ii Dinners for Marines who attend San Juan Summer Nites Concerts. iii Homecoming preparation for single Marines. 1v Gifts cards to Marines receiving quarterly recognition awards by the City Council. v Halloween treat bags for annual "trunk-or-treat." vi Beverages and cookies for "Family Day." vii Seek donations for ball gowns, baby showers, iCare kits, and items related to the cause. v111 Advertise and coordinate hosting Marines for Thanksgiving Dinner. 1x Toy Drive for Christmas; Donated food for Christmas dinner. x Annual attendance to Heroes Night Out. xi Backpacks and school supplies for families xii Additional support upon request. Ill. CITY RESPONSIBILITIES: a. City shall provide Homefront in-kind support such as use of City tables, chairs, canopies, and use of facilities for purposes of committee meetings and City events limited to the San Juan Summer Nites Concert Series and Christmas Tree Lighting Celebration, should they be available, at no-cost. b. City shall waive fees for use of City facilities, for the purposes of hosting events for the 1st Battalion, 11th Marines. c. City shall waive fees for use of City facilities for Field of Honor, Veterans and Memorial Day Ceremonies. 2 d. City shall waive fees associated with the City's Street Banner Program installation and removal process, if the dates requested are available and conditions are consistent with the adopted City Council policy. e. City shall create and maintain a dedicated page on the City's website for information and events pertaining to the pt Battalion, 11th Marines, with contact information included. f. City shall assist advertising events and donation drives for the 1st Battalion, 11th Marines by sending electronic notifications (e-news). g. The City Manager shall assign a liaison between Homefront America, Inc. and the City. IV. PROJECT EXPENSES: a. Homefront will pay all costs associated with any "events" sponsored solely by Homefront America, Inc. b . In the event , that the City has unexpended funds from donations held in support of the 1st Battalion, 11th Marines, the City may offer such funds to reimburse Homefront America for actual expenses paid in support of the unit. Such requests by Homefront America for reimbursement will be supported by copies of third party vendor invoices attached to the reimbursement request. V . CONDITIONS OF OPERATION a . Homefront shall work in collaboration with City staff to coordinate events taking place on City grounds or in City facilities. Necessary applications, permits and forms must be submitted in compliance with the City's current policies. b . Homefront shall coordinate with the City staff and will comply with regulations and procedures established by the City for special activities. c. Homefront shall not be compensated by the City for signature events . VI. INSURANCE/INDEMNIFICATION a. Insurance: Throughout the term of this Memorandum of Understanding, Homefront shall maintain in full force and effect such insurance, in amounts, types and upon such terms, as may be required by the City Manager and City Attorney . b. Indemnity: Homefront shall indemnify, defend, and hold harmless the City of San Juan Capistrano and its officers and employees against all liabilities or claims of liability or loss (including reasonable attorneys' fees , related costs, and expenses) because of death, personal injury or property damage 3 arising or resulting from the fault of negligence of Homefront , its employees or agents in its operations under this Memorandum of Understanding . c. Homefront shall, within 15 days following this Memorandum of Understanding's approval, submit all required insurance documents to City of San Juan Capistrano required by this Memorandum of Understanding. VII. TERM AND T ERM IN AT IO N a. The term of this Memorandum of Understanding shall commence on the date first above written and shall remain in effect until December 31 , 2020 , unless extended or terminated earlier in writing by both City and Homefront. b. This Memorandum of Understanding may be terminated without cause by either party with ninety (90) days prior written notice to other party. VIII: NOTICES a. Written notification regarding this Memorandum of Understanding will be given as follows : To City: City of San Juan Capistrano Attn.: Benjamin Siegel, City Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Agent: Homefront America, Inc. Attn .: Mamie Maywhort, Co-Founder 31877 Del Obispo, Suite 101 San Juan Capistrano, CA 92693 [SIGNATURE PAGE TO FOLLOW] 4 The terms and conditions described above are agreed to : HOMEFRONT AMERICA, INC . CITY OF SAN JUAN CAPISTRANO Sergio Farias, Mayor ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM : Jeffrey Ballinger, City Attorney 5