HomeMy WebLinkAbout48 - NB-2 - Attachment 1 - 6/15/2021MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF COSTA MESA
AND THE SAVE OUR YOUTH (SOY)
FOR JOINT CITY/SOY RECREATIONAL
PROGRAMMING OPPORTUNITIES
This Memorandum of Understanding ("Agreement"), entered into this 1st day of ____,
2021 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal
corporation ("City"), and the SAVE OUR YOUTH (SOY), to establish joint programming
opportunities for the benefit of youth in Costa Mesa.
MISSION STATEMENT
It is the stated goal of this Agreement to have a working partnership between the City
and SOY so as to provide positive recreational and arts opportunities in a safe, secure and
accessible environment for all youth in the community.
RECITALS
Whereas, City is a municipal corporation duly organized and validly existing under the
Constitution and the laws of the State of California.
Whereas, SOY is a charitable non-profit organization located in Costa Mesa, California, and
is organized and exists pursuant to the laws of the State of California.
Whereas, SOY was established in 1993, and was founded through the hard work and
steadfast vision of parents on the Westside of Costa Mesa who believed in providing
teenagers an alternative to gangs.
Whereas, SOY serves low-income and at-risk youth and provides a safe and welcoming
space for teens to find hope, to nourish a sense of self and an ability to grow, and to develop
interests and skills to become productive members of society.
Whereas, the City is committed to providing programs and services in an equitable manner
that enrich the lives of its youth and whose desire it is to expand its services to reach as
many youth as possible.
Whereas, SOY has requested assistance from the City to provide recreational programming
to the participants at the center to complement the services currently provided to the youth
and teens. (Programs are described in Section 2 and are referred to collectively as the
"Programs").
Whereas, City employs recreational leaders/specialists that are trained and equipped to lead
recreational activities for youth and teen participants in the community and the City is willing
to provide similar services to SOY participants according to the terms in the manner provided
in this agreement.
Attachment 1
Whereas, the City and SOY are joining together in a collaborative effort to provide
recreational programs to the youth and teens in the community, and will create programming
opportunities that can be mutually beneficial to SOY participants and the community. The
Recreation Leader/Specialist assignments will be defined by both the City and SOY, and
include but are not limited to sports and athletic programs, creative arts programs, theater
and cultural arts programs, and educational programs.
Whereas, SOY is located in Districts 4 and 5 which have been identified as having
insufficient open space and park amenities, and such a partnership would enable access to
City facilities and services providing additional recreational opportunities.
Whereas, this partnership will also help increase the City’s eligibility for grant opportunities
that will support the shared values between the City and SOY to provide educational, cultural
and athletic opportunities to all youth in Costa Mesa.
NOW THEREFORE, for and in consideration of the mutual covenants and conditions
set forth herein, City and SOY agree as follows:
1.0 TERM
The term of this Agreement shall commence on the Effective Date and continue for a
period of three (3) years, ending on June 15, 2024, with an option for an additional two (2)
year term, provided both parties are in agreement and unless previously terminated as
provided herein.
2.0 CITY SERVICES
2.1 Services - General. The program shall consist of the City providing a
Recreation Leader and a Recreation Specialist employed by the Costa Mesa Parks and
Community Services Department ("CMPCSD") to the function of joint programming with
SOY. City staff members shall perform services under the supervision of the Recreation
Supervisor and Parks and Community Services Director. The type and manner of
performance of the Services should promote the values of the Parks and Community
Services Department with an emphasis on equity, safety and collaboration.
2.2 Services – Responsibilities City will perform the following services:
(a) Establish and maintain a liaison between SOY personnel and the Parks
and Community Services Department.
(b) Serve as a resource to SOY staff, members, and participants on
recreation related programs, activities, and cultural experiences.
(c) Provide support to SOY for recreational programming including but not
limited to materials, supplies, and staffing as determined by the City
Manager.
(d) Assign one Senior Recreation Leader and two Community Services
Leader IIIs to SOY for the purpose of providing programming
opportunities at the SOY facility and/or City facilities for applicable
recreation and cultural opportunities for the youth and teens that
participate in the SOY program.
(e) The Senior Recreation Leader/Leader IIIs will spend approximately 20
hours per week developing and implementing these programs with the
help of SOY staff and participants at locations determined by both
parties.
2.3 Services - Discretionary City may, in the sole discretion of the City Manager
or her designee, perform the following services:
(a) Interact with SOY Director, staff, and participants to create a request list
of programs and activities.
(b) Develop program content that includes a variety of subject matters to
engage youth and teens in positive recreation and cultural
opportunities, including the purchasing of required materials and/or
solicitation of necessary services for those related opportunities.
2.4 Services – Facilities City may, at the discretion of the City Manager,
authorize the use of City facilities for the purposes of the above listed programs at no-cost
to SOY, provided the requested programming is supervised by City staff. These facilities
include but are not limited to:
Balearic Community Center
Costa Mesa Senior Center
Downtown Aquatic Center
Downtown Recreation Center
Downtown Teen Center
Jack Hammet Sports Complex
Lion’s Park Luke Davis Field
Norma Hertzog Community Center
TeWinkle Skatepark
TeWinkle Sports Complex
The aforementioned facilities will need to be requested and scheduled in advance of the
requested program to ensure no conflicts with existing user groups and the Field Use
Allocation Plan.
2.5 Services – Transportation As the City has in its fleet passenger vans that
can be used to transport up to 15 passengers, the City would provide transportation to and
from selected destinations. These trips shall be scheduled with staff in advance of the
excursion, and will require certified staff to drive the vans. All excursions will be single day
activities, with no overnight stays included.
3.0 SOY DUTIES
3.1 Staff Liaison SOY will designate a staff member to meet with the Recreation
Specialist and Recreation Leader on a periodic basis to identify the needs of the youth and
teens in the program. These meetings can include youth and teens, and incorporate a
multitude of discussion points, as well as members of other non-profit organizations and
volunteer groups. The liaison and the meetings are intended to be mutually interactive, and
provide opportunity for input from all parties involved.
3.2 SOY Personnel - Cooperation SOY personnel shall cooperate with the
Recreation Specialist and Recreation Leader to facilitate the performance of Services
pursuant to this Agreement.
3.3 SOY Facilities SOY will provide access to the CITY staff for the purposes of
meeting, planning, and preparing for activities, along with the necessary space to perform
the activities. Facilities can include classrooms, outdoor athletic areas, or any other space
included in the SOY facility. Access to the space must be reasonable and in line with the
programming opportunities identified in this agreement.
4.0 OPERATIONAL PROCEDURES
4.1 City Staff The Recreation Specialist and Recreation Leader will perform
his/her duties in their approved City staff uniforms, unless otherwise dictated by the program
or activity with which they are performing. This uniform will include their City of Costa Mesa
Identification Card, which should be on their persons at all times.
4.2 Services — Timing City shall schedule each staff member for 10-20 hours
per week, with approximately half of that time spent on actual programming with
participants. Program hours will vary based on the type of program/activity, seasonality,
and the needs of the community.
However, in the event of a declared disaster or other emergency, including a financial
crisis (e.g. recession or economic downturn) the City has the sole authority to suspend
priority staffing services as needed to address the exigent circumstances.
5.0 FUNDING
5.1 Financial City shall provide Recreation Leaders/Specialists for the Services
outlined in this Agreement in accordance with City's employment procedures and conditions.
5.2 Funding of Personnel City, in its sole discretion, shall determine which staff
will be assigned to perform the services. The City will track all costs associated with the
provision of staff including hours, both regular and overtime, as well as materials, supplies,
and contract services costs. These costs will be provided to City Council and SOY on an
annual basis for the duration of the agreement. Nothing in this agreement precludes the City
from making staffing changes, as needed, to address budget shortfalls or contingencies that
may arise in the future.
5.3 Funding - Supplemental Services SOY may request in writing that City
provide additional staffing and/or services (services in addition to those performed
during the normal programming), to assist with other SOY sponsored opportunities
and/or programs. City may use its best efforts to provide the requested services;
however, these supplemental services shall be considered on a case by case basis, and
will require at least 6 weeks prior notice when scheduling or requesting support.
6.0 SPECIAL PROVISIONS
6.1 Selection of Staff The Parks and Community Services Director will
determine those individuals best suited for the assignments and advise SOY of the
eligible candidates. The Director will consider input from the SOY Director as to the
selection of staff, however the Director shall have sole discretion in their selection.
6.2 Policy and procedures The Recreation Leader/Specialist shall not supplant
or alter the existing SOY personnel headcount.
6.3 Grant Administrative Requirements The City and SOY will be
responsible for their own respective budgets, including funding all administrative duties
and responsibilities. This includes receipt and disbursement of funds, financial reporting
and grant management. The City and SOY should seek grant funding opportunities
where both entities apply for grant opportunities as co-applicants to further bolster
available funding for these programs.
7.0 TERMINATION
SOY or City may terminate this Agreement without cause any time, by giving
thirty (30) days' written notice to the other party. City shall continue to provide Services
after notice to terminate and during the thirty (30) day notice period, unless SOY, in the
notice, agrees that City need not perform Services. The notice shall be deemed given
when personally delivered to the SOY or City representative or three (3) days after the
date the notice is deposited in the United States mail, first-class postage paid, and
addressed to the appropriate representative as specified in this Agreement.
8.0 INDEMNIFICATION
8.1 SOY Obligations SOY agrees to defend, indemnify and hold harmless
City, its elected and appointed officials, officers, agents, employees, and volunteers
from and against any and all losses, claims, actions, damages, expenses or liabilities,
including reasonable attorneys' fees, arising out of or in any way connected with SOY’s
negligent performance of this Agreement. SOY assumes workers' compensation liability
for injury or death of its officers, agents, employees and volunteers, and, except as
provided herein, assumes no workers' compensation responsibility for the elected and
appointed officials, officers, and employees of the City.
8.2 City Obligations City agrees to defend, indemnify and hold harmless SOY,
its officers, agents, employees and volunteers harmless against and from any and all
losses, claims, actions, damages, expenses or liabilities, including reasonable attorneys'
fees, arising out of or in any way connected with City's negligent performance of this
Agreement. Except as provided herein, City assumes workers' compensation liability for
injury or death of its elected and appointed officials, officers, and employees, and
assumes no workers' compensation responsibility for the officers, agents, employees and
volunteers of SOY.
9.0 ASSIGNMENT
This Agreement may not be assigned or transferred by either Party without the
express written consent of the other Party.
10.0 NOTICE/REPRESENTATIVES
The City and SOY have designated the following representatives to receive notices
and act on their agency's behalf in the administration of this Agreement.
CITY: Parks and Community Services Director
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
DISTRICT: Save Our Youth (SOY)
2045 Meyer Pl Building E
Costa Mesa CA, 92627
11.0 NO THIRD PARTY BENEFICIARIES
This Agreement, including, but not limited to, the indemnification provisions, is for the
benefit of the Parties only and does not create, nor is it intended to create, any benefit or
liability to third parties.
12.0 ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect
to any matter referenced herein and supersedes any and all other prior writings and oral
negotiations. This Agreement may be modified only in writing, and signed by the parties
in interest at the time of such modification. The terms of this Agreement shall prevail over
any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
13.0 ATTORNEYS' FEES
In the event that litigation is brought by any Party in connection with this Agreement,
the prevailing Party shall be entitled to recover from the opposing Party all costs and
expenses, including reasonable attorneys' fees, incurred by the prevailing Party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof.
14.0 GOVERNING LAW
This Agreement shall be governed by and construed under the laws of the State of
California without giving effect to that body of laws pertaining to conflict of laws. In the event
of any legal action to enforce or interpret this Agreement, the parties hereto agree that the
sole and exclusive venue shall be a court of competent jurisdiction located in Orange
County, California.
15.0 AMENDMENTS
Only in writing executed by the parties hereto or their respective successors and
assigns may amend this Agreement.
16.0 COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall
be deemed an original. All counterparts shall be construed together and shall constitute one
agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first written above.
CITY OF COSTA MESA:
By: ____________________________ Date:______________________
Mayor
By: ______________________________ Date: _________________________
City Manager
SAVE OUR YOUTH (SOY):
By: ______________________________ Date: __________________________
Executive Director
ATTEST:
_________________________________ Date: __________________________
City Clerk
City of Costa Mesa
CITY: APPROVED AS TO FORM: CITY: APPROVED AS TO CONTENT:
________________________________ ___________________________
City Attorney Parks and Community Services Director
City of Costa Mesa City of Costa Mesa
SOY: APPROVED AS TO FORM:
________________________________ Date: ____________________________
Chief of the Board
Save Our Youth (SOY)