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18-0116_HOMEFRONT AMERICA, INC._Memorandum of UnderstandingMEMORANDUM 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, 11 th 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, 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 a n a n n u a I w r i tt e n 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: i 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. A Backpacks and school supplies for families xii Additional support upon request. III. 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 15t Battalion, 11th Marines, with contact information included. f. City shall assist advertising events and donation drives for the 1St Battalion, 11 th 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 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, 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: ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Jeffrey Ballinger, City Attorney HOMEFRONT AMERICA, INC. Mamie _;., .$ CITY OF SAN JUAN CAPISTRANO Sergio Farias, Mayor 5 The terms and conditions described above are agreed to: ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Jeffrey Ballinger, City Attorney HOMEFRONT AMERICA, INC. o ,_ CITY OF SAN JUAN CAPISTRANO Sergio Farias, Mayor 5 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: 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, 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 a n a n n u a I w r i tte n 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: i 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. A Backpacks and school supplies for families xii Additional support upon request. III. 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, 11 th 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 1st 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 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, 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: ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Jeffrey Ballinger, City Attorney HOMEFRONT AMERICA, INC. W110=1 �N�zlwwwlj �r AC, - CITY OF SAN JUAN CAPISTRANO Sergio Farias, Mayor 5 The terms and conditions described above are agreed to: HOMEFRONT AMERICA, INC. CITY OF SAN JUAN CAPISTRANO Sergio arias, Mayor APPROVED AS TO FORM: Je ey Ballinger, City Attorney