16-1206_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 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, 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
Battal ion, 11th Marines.
d. Homefront is to provide a fliers and informational materials about the 1st
Battal ion, 11th Marines and events.
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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
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.
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d. City shall create and maintain a dedicated page on the City's webs it e for
information and even ts pertai ning to the 1st Battalion, 11th Marines , with
contact information included.
e. City sha ll assist adverti s i ng events and donat ion drives for the 1st
Battal ion , 11th Marines by send ing elect ronic notifications (e-news).
f. 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 unexpend ed funds from donations held in
support of the 1st Battalion, 11th Mari nes , 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 arising or resulting from the fault of negligence of Homefront, its
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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]
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The terms and conditions described above are agreed to:
HOMEFRONT AMERICA, INC.
Mamie MayvJ ort, ·a-Founder
CITY OF SAN JUAN CAPISTRANO
ATTEST:
APPROVED AS TO FORM:
Jeffrey Ballinger, City Attorney
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The terms and conditions described above are agreed to:
HOMEFRONT AMERICA, INC .
Mamie Maywhort, Co-Founder
CITY OF SAN JUAN CAPISTRANO
Pam Patterson, Esq. Mayor
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM :
Jeffrey Ballinger, City Attorney
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