HomeMy WebLinkAboutCounty of Orange - Office of Care Coordination - 2026-04-29 ivTINGr' 2000 Main Street,
Huntington Beach,CA
a U v 92648
City of Huntington Beach APPROVED 7-0
File #: 26-225 MEETING DATE: 4/21/2026
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, City Manager
VIA: Travis Hopkins, City Manager
PREPARED BY: Jessica Kelley, Homeless Services Manager
Subject:
Approve and authorize execution of a Memorandum of Understanding (MOU) between the City
of Huntington Beach (City) and the County of Orange (County) for Capital Improvements and
Services at Huntington Beach Navigation Center
Statement of Issue:
This MOU establishes guidelines for the implementation and administration of the Homeless
Housing, Assistance and Prevention Program (HHAP) funding to support Capital Improvement and
Services at the Huntington Beach Navigation Center (HBNC).
The City operates HBNC as an emergency shelter program that provides 164 beds to individuals
experiencing homelessness within the City boundaries. HBNC needs some capital improvements to
address wear and tear associated with daily usage of the facility and additional repairs and upgrades
that would improve the participant's experience. Through this MOU, the County will provide HHAP
funding to the City to support the implementation of capital improvement projects and gain access to
(up to) five (5) beds, if available.
Financial Impact:
City to receive a lump sum $500,000 grant from the County within 30 days of a fully executed MOU.
Recommended Action:
Approve and authorize the City Manager to execute the Memorandum of Understanding between the
City of Huntington Beach and the County of Orange for Capital Improvements and Services at the
Huntington Beach Navigation Center.
Alternative Action(:
Do not approve the recommended action, and direct staff accordingly.
Analysis:
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File #: 26-225 MEETING DATE: 4/21/2026
The City needs to make capital improvements at the HBNC. Through this MOU, the County agrees to
provide the HHAP grant of$500,000, specifically to support capital projects at the HBNC in exchange
for access to up to five (5) non-utilized, available beds. There is no penalty or reduction in the grant
funds if the City does not have beds available for County use. The County agrees to pay the entire
$500,000 grant (in a lump sum payment) within 30 days of executing this MOU.
These grant funds will immediately support numerous capital projects:
1. Sprung Structure lining repairs to the base of the structure necessary to reinforce the lining
seal and include asphalt grading for improved drainage (estimated $75,000)
2. Paint interior and exterior of facility (including specialized floor paint for the Sprung Structure)
($80,000)
3. AC system replacement in dining hall ($25,000)
4. Pet Station relocation from proximity of dining hall to perimeter ($5,000)
5. Dining Hall furniture - replace tables and chairs in the dining hall ($3,500)
6. Laundry room ventilation - replace existing laundry room ventilation system ($3,000)
7. Security cameras - update existing, non-operational security camera system ($2,500)
8. Shade cover - replace shade cover for outdoor recreation space ($1,000)
9. Replace or repair front office/navigator offices building ($500,000)
10.Replace current restrooms ($750,000)
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will
not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the
City's priority initiatives and projects.
For details, visit www.huntingtonbeachca.gov/strategicplan.
Attachment(s):
1. Memorandum of Understanding between the City of Huntington Beach and the County of
Orange for Capital Improvements and Services at the Huntington Beach Navigation Center.
2. PowerPoint Presentation
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Memorandum Of Understanding
Between
County Of Orange
And
City Of Huntington Beach
For
Capital Improvements And Services At Huntington Beach Navigation Center
This Memorandum of Understanding ("MOU") is entered into upon execution of necessary
signatures, by and between the County Executive Office, Office of Care Coordination,hereinafter
referred to as "County," and the City of Huntington Beach, hereinafter referred to as "City."
County and City may be referred to individually as"Party" and collectively as the "Parties".
This MOU establishes the specific guidelines for the implementation and administration of the
Homeless Housing, Assistance and Prevention Program (HHAP) funding to support Capital
Improvement and Services at the Huntington Beach Navigation Center located at 17631 Cameron
Lane, Huntington Beach, CA 92647, herein after referred to as"HBNC".
The relationship between County and City, with regard to this MOU, is based upon the following:
1. This MOU sets forth the procedures authorized by both the County and City, for their
respective employees to follow in implementing and operating the Capital Improvements
and Services at the HBNC.
2. This is a financial MOU and is a legally binding agreement based on the promises of the
Parties.
3. The City, through staffing and/or subcontracted provider(s), is to provide the services and
activities described in this MOU that benefit persons who are experiencing homelessness
and are eligible to access the HBNC pursuant to the guidelines set forth in this MOU.
References to the City throughout this MOU will include any services and activities
provided through the subcontracted provider(s).
I. BACKGROUND
On September 29, 2019, the County entered into a Subrecipient Agreement with the City
to transfer a Sprung shelter facility and other equipment, as well as a grant amount to be
used to facilitate compliance with COVID-19 related public health measures, including
care for homeless populations of Orange County to facilitate compliance with COVID-19
related public health measures, including care for homeless populations provided to
mitigate COVID-19 effects and enable compliance with COVID-19 health precautions.
Since then, the City has operated HBNC as an emergency shelter program that provides
164 beds to individuals experiencing homelessness within the City boundaries and
provides case management, housing navigation and access to other supportive services
with the goal.
HBNC is in need of some capital improvements to address the wear and tear associated
with daily usage of the facility and additional repairs and upgrades that would improve the
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participant's experience. Through this MOU, the County will provide HHAP funding to
the City to support the implementation of the capital improvements projects and gain access
to five (5)As Available Beds at the HBNC during the term of the MOU.
H. PURPOSE
The purpose of this MOU is to establish the procedure for the County and City to provide
funding in support of capital improvements needed and outlines the mechanism for the
County to refer up to 5 individuals who meet the criteria under Section 5 of this MOU to
As Available Beds at the HBNC during the term of the MOU.
III. TERM
The term of this MOU is upon execution of necessary signatures to June 30, 2028, unless
earlier terminated pursuant to the provisions of Paragraph 21 of this MOU; however, the
Parties shall be obligated to perform such duties as would normally extend beyond this
term, including, but not limited to, obligations with respect to indemnification, reporting
and confidentiality.
IV. DEFINITIONS
A. As Available Beds: refers to a minimum of five (5) beds at the HBNC for the Office of Care
Coordination to refer Eligible Participants,available on a first-come,first-served basis. These may
include beds designated for men, women, non-binary individuals, and couples.
B. Chronic Homelessness: HUD defines an individual or household to be experiencing
chronic homelessness if:
a. The head of household has a disability, as defined in section 401(9) of the
McKinney-Vento Homeless Assistance Act(42 U.S.C. 11360(9)), who:
1. Lives in a place not meant for human habitation, a safe haven, or in an
emergency shelter; and
2. Has been homeless and living as described in paragraph (1)(i) of this definition
continuously for at least 12 months or on at least 4 separate occasions in the last
three (3)years, as long as the combined occasions equal at least 12 months and
each break in homelessness separating the occasions included at least seven(7)
consecutive nights of not living as described in paragraph (1)(i). Stays in
institutional care facilities for fewer than 90 days will not constitute as a break
in homelessness, but rather such stays are included in the 12-month total, as
long as the individual was living or residing in a place not meant for human
habitation, a safe haven, or an emergency shelter immediately before entering
the institutional care facility;
b. An individual who has been residing in an institutional care facility, including a
jail, substance abuse or mental health treatment facility, hospital, or other similar
facility, for fewer than 90 days and met all of the criteria in paragraph (1) of this
definition, before entering that facility; or
c. A household with an adult head of household who meets all of the criteria in
paragraph (1) or (2) of this definition, including a household whose composition
has fluctuated while the head of household has been experiencing homelessness.
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C. County of Orange Standards of Care for Emergency Shelter (Standards of Care) are a
comprehensive set of administrative, operational, and facility-based standards designed to
support the quality and consistency of program operations, evidence-based participant
services, core organizational and administrative functions, and facility design and
operations. Reference Attachment A.
D. Eligible Participant: An individual experiencing homelessness in Orange County who
meets the criteria as detailed in Section 5. Population to be Served.
E. Homelessness: HUD defines an individual or family as experiencing homelessness, if the
individual or family meets any of the following conditions
a. An individual or family who lacks a fixed, regular, and adequate nighttime
residence.
b. An individual or family with a primary night-time residence that is a public or
private place not designed for or ordinarily used as a regular sleeping
accommodation for human beings, including, but not limited to, a car, park,
abandoned building, bus station, train station, airport, or camping ground.
c. An individual or family living in a supervised publicly or privately-operated shelter
designated to provide temporary living arrangements, including hotels or motels
paid for by state or local government programs for low-income individuals or by
charitable organizations, congregate shelters, or transitional housing.
d. An individual who resided in a shelter or place not meant for human habitation and
who is exiting an institution where he or she temporarily resided.
e. An individual or adult only household who will imminently lose their housing,
including, but not limited to,housing they own, rent, or live in without paying rent,
are sharing with others, or rooms in hotels or motels not paid for by state or local
government programs for low-income individuals or by charitable organizations,
as evidenced by any of the following:
1. A court order resulting from an eviction action that notifies the individual or
family that they must leave within fourteen (14) days.
2. The individual or family having a primary nighttime residence, that is a room
in a hotel or motel and where they lack the resources necessary to reside there
for more than fourteen(14)days.
3. Credible evidence indicating that the owner or renter of the housing will not
allow the individual or family to stay for more than fourteen(14)days, and any
oral statement from an individual or family seeking homeless assistance that is
found to be credible shall be considered credible evidence for purposes of this
clause.
F. Homeless Housing. Assistance and Prevention (HHAP) is a state funding source from the
California Department of Housing and Community Development, which is intended to
support local jurisdictions in their unified regional response to prevent and end
homelessness in their regions.
G. HUD refers to the U.S. Department of Housing and Urban Development, which has
oversight responsibilities for the use of federal funds provided to entitlement communities.
H. Office of Care Coordination is the division in the County Executive Office that coordinates
homeless services programs for participants who are experiencing homelessness or at risk
of homelessness. This includes OC Outreach &Engagement(OC O&E).
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I. Outreach is the professional activity of trained homeless outreach workers to meet the
immediate needs of people experiencing homelessness in unsheltered locations by
connecting them with emergency shelter, housing, or critical services, and providing them
with urgent, non-facility-based care through engagement, linkage and referrals.
J. Referrals is the linkage of eligible participants to appropriate supportive services, which
may include activities that involve educating the community about services offered and
requirements for participation in programs.
V. POPULATION TO BE SERVED
A. HBNC provides services to adult individuals,aged 18 and older,and adult-only households
who are experiencing homelessness in Huntington Beach. Such individuals and household
members must be able to meet all Activities of Daily Living(ADL) and must have no open
felony warrants,must not be sex offender(pursuant to Penal Code 290),and must not have
any known convictions or pending charges for arson (e.g. Penal Code 451). Further, such
individuals, or at least one member of such household, must have verifiable ties to
Huntington Beach, based on the following criteria:
a. A documented permanent address in Huntington Beach within the last five years;
b. If experiencing homelessness longer than five years, a documented last permanent
address in Huntington Beach.
c. Current employment in Huntington Beach or verifiable employment in Huntington
Beach within the past six months(such as a pay stub).
d. Full-time enrollment at Golden West College or enrollment in full-time-considered
program (e.g. cosmetology, mechanics certification, etc.) in Huntington Beach.
e. A family member(as defined in the FHA Single Family Housing Policy Handbook
4000.1) currently residing in Huntington Beach.
VI. CITY RESPONSIBILITIES
A. Capital Improvements
a. City shall contract directly with, make payment for, and collect applicable back-up
documentation of all HHAP funded capital improvements made at HBNC.
b. City shall ensure that capital improvements meet eligible costs and program
requirements set forth in the HHAP guidelines and this MOU.
c. City shall ensure that capital improvements are coordinated with the HBNC and
impacts on the operations and participants are minimized.
d. The City will complete some or all of the following capital improvements during
the term of the MOU,as funding allows.The parties acknowledge that the total cost
of identified repairs exceeds $500,000. Accordingly, the City will determine the
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timing, prioritization, and scope of such improvements based on available funds,
operational needs, and overall project considerations.
I. Repair of Sprung Structure Lining. Repairs to the base of the structure are
necessary to reinforce the lining seal and will include asphalt grading for
improved draining. Estimated cost: $75,000.
2. Paint. Paint exterior and interior of facility, including specialized floor paint
for the Sprung Structure. Estimated cost: $80,000.
3. Dining Hall AC System Replacement. Replace the AC system to meet the
space demands. Estimated cost: $25,000.
4. Pet Station. Relocation of pet area from proximity of dining hall to perimeter.
Estimated cost: $5000.
5. Dining Hall Furniture. Replace tables and chairs in the dining hall. Estimated
cost: $3500.
6. Laundry Room Ventilation. Replace existing laundry room ventilation system.
Estimated cost: $3000.
7. Security Cameras. Update existing, non-operational security camera system.
Estimated cost: $2500.
8. Shade Cover. Replace shade cover for outdoor, recreation space. Estimated
cost: $1000.
9. Replace or repair front office/navigator offices building. Estimated cost:
$500,000.
10. Replace current restrooms. Estimated cost: $750,000.
B. Standards of Care
a. City shall implement and operate the HBNC in accordance with the Standards of
Care through the term of the MOU.
b. City shall request administrative and technical support from the County to ensure
proper and timely implementation of the Standards of Care upon the effective date
of the MOUS.
c. City shall coordinate and collaborate with the County through the Grievance and
Dispute Resolution Process, as outlined in the Standards of Care, as necessary, for
all county referred participants at HBNC.
d. City shall make county-referred participant files and administrative records
available to the County, in a timely manner as requested, as part of the annual
monitoring process of the Standards of Care.
e. County acknowledges that HBNC does not currently provide the County preferred
number of restrooms and hereby waives this requirement as applied to the HBNC.
C. As Available Beds Coordination
a. City shall at minimum provide the County with access to five(5)As Available Beds
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for the Office of Care Coordination to refer Eligible Participants on a first-come,
first-served basis.
b. The City shall provide information on HBNC's bed availability, vehicle parking
spots and pets and on a daily basis in order for the Office of Care Coordination to
coordinate referrals.
c. City shall work with the operator of the HBNC to establish a tracking process and
workflow to ensure that referrals from the Office of Care Coordination are
processed timely.
d. City shall process referral forms (Attachment B) received from the Office of Care
Coordination via email within 24 hours, Monday through Friday based on bed
availability. A referral form received from the Office of Care Coordination during
the weekend or holiday shall be processed by the City during the next business day.
e. City social workers shall communicate with the Office of Care Coordination if the
person being referred to HBNC is eligible and meets the criteria set forth in Section
5. Population to be Served.
D. Administrative Responsibilities.
a. City shall provide to the County, by the twentieth(20th)calendar day following the
end of the quarter, a quarterly report on Capital Improvement activities completed
to date to the County. The reporting shall include a brief narrative detailing the
capital improvement activities accomplished, activities in progress, along with any
updates on challenges or expected delays, and financial reporting of expenditures.
b. City shall provide daily occupancy reporting of the 5 As Available Beds to the
County by 10 a.m. at the latest each day. The reporting should include the HMIS
unique identifier and/or name of participant who vacated a bed if a new vacancy is
being reported.
c. City shall maintain accurate and complete financial records as a separate ledger for
all HHAP Activity costs related to capital expenditure under the terms of this MOU,
including payment processing and budget tracking, invoices, purchase orders,
sources and uses of funds, terms and conditions of financing, and all supportive
documentation submitted by subrecipients for reimbursement and change orders
(as appropriate).
d. City shall assist County with any monitoring and/or audits deemed necessary.
e. City shall attend County training courses and conferences that will include, but not
be limited to,new California Department of Housing and Community Development
regulations impacting HHAP funding and documentation of procedures and
dissemination of changes to staff.
VII. COUNTY RESPONSIBILITIES.
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A. County will act as a pass-through agency for HHAP funds. Except for County's
responsibility related to the HHAP Program as set forth in this MOU, City will be
responsible for completing the capital improvements as set forth in this MOU.
B. Standards of Care
a. County shall provide administrative and technical support to the City to ensure
proper and timely implementation of the Standards of Care upon the effective date
of the MOU.
b. County shall conduct annual monitoring of HBNC in accordance with the Standards
of Care and will coordinate with the City for its scheduling.
C. As Available Beds Coordination
a. County pre-screen potential participants for the HBNC based on the criteria
outlined in Section 5. and the referral form.
b. County shall complete referral forms of potential participants for the HBNC and
email the completed referral forms to the City.
c. County shall coordinate intake into HBNC with the City to ensure that no eligible
participants walk up to the HBNC, but are instead transported in.
d. County shall continue to outreach to and engage any participant who exits the
HBNC and is experiencing unsheltered homelessness in Huntington Beach.
D. Administrative
a. County shall participate in meetings with the City to address any items as detailed
in the MOU.
VIII. ELIGIBLE EXPENSES
A. The amount of County Funds allocated to the City available under this MOU,effective
upon the execution of the MOU, to June 30, 2027, in an amount not to exceed amount
of$500,000 be used for eligible capital improvements as described under section IV.
under subsection A.
IX. PAYMENT
A. County shall pay City a grant amount of$500,000 within 30 business days of the full
execution of this MOU. All expenditure on the grant amount must be for Eligible
Expenses as described in Section VIII of this MOU.
B. It is understood that the County makes no commitment to funding this MOU beyond
the terms set forth.
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X. NON-DISCRIMINATION
A. In the performance of this MOU, City agrees that it shall not engage nor employ any
unlawful discriminatory practices in the admission of clients, provision of services or
benefits, assignment of accommodations, treatment, evaluation, employment of
personnel, or in any other respect, on the basis of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, genetic
information,marital status, sex, gender,gender identity,gender expression,age, sexual
orientation, military and veteran status, or any other protected group, in accordance
with the requirements of all applicable federal or State laws.
B. City shall furnish any and all information requested by County related to HHAP
funding and shall permit County access, during business hours, to books, records, and
accounts related to HHAP funding in order to ascertain City's compliance.
C. City shall comply with Titles VI and VII of the Civil Rights Act of 1964, as amended;
Section 504 of the Rehabilitation Act of 1973,as amended;the Age Discrimination Act
of 1975, as amended; the Food Stamp Act of 1977, as amended, and in particular 7
Code of Federal Regulations (CFR) section 272.6; Title II of the Americans with
Disabilities Act of 1990; California Civil Code Section 51 et seq., as amended;
California Government Code (CGC) Sections 11135-11139.5, as amended; CGC
Section 12940 (c), (h), (i), and (j); CGC Section 4450; Title 22, California Code of
Regulations (CCR) Sections 98000-98413; the Dymally-Alatorre Bilingual Services
Act (CGC Section 7290-7299.8); Section 1808 of the Removal of Barriers to
Interethnic Adoption Act of 1996; and other applicable federal and State laws, as well
as their implementing regulations(including Title 45 CFR Parts 80, 84, and 91;Title 7
CFR Part 15; and Title 28 CFR Part 42), and any other law pertaining to Equal
Employment Opportunity, Affirmative Action, and Nondiscrimination, as each may
now exist or be hereafter amended.
XI. SUBCONTRACTS
A. City shall not subcontract for services under this MOU without the prior written consent
of County. If County consents in writing to a subcontract, in no event shall the
subcontract alter, in any way, any legal responsibility of City to County. All
subcontracts must be in writing and copies of same shall be provided to County, City
shall include in each subcontract any provision County may require.
B. Subcontracts of$50,000 or less
City shall develop a standard form Purchase Order, subject to prior written approval of
County, to be utilized for the purchase of services by City when the cumulative total
cost of the services to be provided by any organization anticipated to be fifty thousand
dollars ($50,000) or less during the term of this MOU. The basis for costs incurred by
any such Purchase Order(s) shall be the actual cost of providing services or the usual
and customary charges established by the organization(s) providing the services.
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C. Subcontracts in excess of$50,000
City shall develop and submit for approval to County a system for the procurement of
subcontracts with any organization in which the total cumulative cost of services
provided by any single organization is anticipated to exceed fifty thousand dollars
($50,000) during the term of this MOU. City's proposed procurement system shall
take into consideration such factors as: degree of price competition; pricing policies
and techniques;experience and quality of service; methods of evaluating subcontractor
responsibility; relationship of subcontractor to City planning, award, and post-award
management of subcontracts, including internal audit procedures and monitoring of
subcontractor's performance until completion of services.
D. Upon County's approval of City's proposed procurement system, City shall comply
with such procurement system in obtaining subcontracts with a total cost in excess of
fifty thousand dollars ($50,000) during the term of this MOU.
E. City and its subcontractor(s) shall establish and maintain accurate and complete
financial records related to services provided under the terms of this MOU. Such
records may be subject to the satisfaction of County, and to the examination and audit
by County or designee, for a period of five (5) years or until any pending audit is
completed.
XII. CONFIDENTIALITY
A. All records and information concerning any and all persons referred to City by County
or County's designee shall be considered and kept confidential by City, City's
employees, agents, subcontractors, and all other individuals performing services under
this MOU, and shall remain confidential consistent with all applicable Federal, State
and local laws and regulations. City shall require all of its employees, agents, and
subcontractors,and all other individuals performing services under this MOU to before
commencing the provision of any such services to agree to maintain confidentiality
pursuant to this MOU.
B. City shall inform all of its employees, agents, and subcontractors, and all other
individuals performing services under this MOU, of this provision and that any person
violating the provisions of said California state law may be guilty of a crime.
C. City agrees that any and all subcontracts entered into shall be subject to the
confidentiality requirements of this MOU.
XIII. PUBLICITY, LITERATURE, ADVERTISEMENTS AND SOCIAL MEDIA
A. County owns all rights to the name, logos, and symbols of County. The use and/or
reproduction of County's name, logos, or symbols for any purpose, including
commercial advertisement, promotional purposes, announcements, displays, or press
releases, without County's prior written consent is expressly prohibited.
B. City may develop and publish information related to this MOU where all of the
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following conditions are satisfied, excepting City notification of the execution of, and
reproduction of,this MOU, as subcontracted providers, is permissible:
a. County provides its written approval of the content and publication of the
information at least 30 days prior to City publishing the information, unless a
different timeframe for approval is agreed upon by County;
b. Unless directed otherwise by County,the information includes a statement that the
program, wholly or in part, is funded through County, State and Federal
Government funds;
c. The information does not give the appearance that the County, its officers,
employees, or agencies endorse:
1. Any commercial product or service; and,
2. Any product or service provided by City, unless approved in writing by
County; and
d. If City uses social media (such as Facebook, X, YouTube or other publicly
available social media sites) to publish information related to this MOU, City
shall develop social media policies and procedures and have them available to the
County. City shall comply with County Social Media Use Policy and Procedures
as they pertain to any social media developed in support of the services described
within this MOU. The policy is available on the Internet at
http://www.ocgov.com/gov/ceo/cio/govpolicies.
XIV. INDEMNIFICATION
A. City agree to indemnify,defend,with counsel approved in writing by County,and hold the
State, County, and their elected and appointed officials, officers, employees, agents, and
those special districts and agencies which County's Board of Supervisors acts as the
governing Board (`County INDEMNITEES') harmless from any claims, demands, or
liability of any kind or nature, including, but not limited to, personal injury or property
damage, arising from or related to the services, products, or other performance provided
by City pursuant to this MOU. If judgment is entered against City and County by a court
of competent jurisdiction because of the concurrent active negligence of County or County
Indemnitees, City and County agree that liability will be apportioned as determined by the
court. Neither party shall request a jury apportionment.
XV. INSURANCE
A. Prior to the provision of services under this MOU, City agrees to purchase all required
insurance at City's expense, including all endorsements required herein, necessary to
satisfy County that the insurance provisions of this MOU have been complied with. City
agrees to keep such insurance coverage, Certificates of Insurance and endorsements on
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deposit with County during the entire term of this MOU. In addition, all subcontractors
performing work on behalf of City pursuant to this MOU shall obtain insurance subject to
the same terms and conditions as set forth herein for City.
B. City shall ensure that all subcontractors performing work on behalf of City pursuant to this
MOU shall be covered under City's insurance as an Additional Insured or maintain
insurance subject to the same terms and conditions as set forth herein for City. City shall
not allow subcontractors to work if subcontractors have less than the level of coverage
required by County from City under this MOU. It is the obligation of City to provide notice
of the insurance requirements to every subcontractor and to receive proof of insurance prior
to allowing any subcontractor to begin work. Such proof of insurance must be maintained
by City through the entirety of this MOU for inspection by County representative(s) at any
reasonable time.
C. All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance.
Any SIR in an amount in excess of fifty thousand dollars ($50,000), shall specifically be
approved by the County of Orange Risk Manager, or designee, upon review of City's
current audited financial report. If City's SIR is approved, City, in addition to, and without
limitation of, any other indemnity provision(s) in the MOU, agrees to all of the following:
a. In addition to the duty to indemnify and hold County harmless against any and all
liability, claim, demand or suit resulting from City's agents, employees or
subcontractor's performance of this MOU,City shall defend County at its sole cost and
expense with counsel approved by Board of Supervisors against same; and
b. City's duty to defend, as stated above, shall be absolute and irrespective of any duty to
indemnify or hold harmless; and
c. The provisions of California Civil Code Section 2860 shall apply to any and all actions
to which the duty to defend stated above applies, and City's SIR provisions shall be
interpreted as though City was an insurer and County was the insured.
D. If City fails to maintain insurance acceptable to County for the full term of this MOU,
County may terminate this MOU.
E. Qualified Insurer:
a. The policy or polices of insurance required herein must be issued by an insurer with a
minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category
as determined by the most current edition of the Best's Key Rating Guide/Property-
Casualty/United States or ambest.com). It is preferred, but not mandatory, that the
insurer be licensed to do business in the state of California (California Admitted
Carrier).
F. If the Insurance carrier does not have an A.M. Best Rating of A-NIII, the CEO/Office of
Risk Management retains the right to approve or reject a carrier after a review of the
company's performance and financial rating.
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G. The policy or policies of insurance maintained by City shall provide the minimum limits
and coverage as set forth below:
Coverage Minimum Limits
Commercial General Liability $1,000,000 per occurrence
$2,000,000 aggregate
Workers' Compensation Statutory
Employer's Liability Insurance $1,000,000 per occurrence
Network Security & Privacy $1,000,000 per claims made
Liability
Professional Liability Insurance $1,000,000 per claims made $1,000,000
aggregate
H. Required Coverage Forms
a. Commercial General Liability coverage shall be written on Insurance Services Office
(ISO)form CG 00 01 or a substitute form providing liability coverage at least as broad.
b. Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05,
CA 0012, CA 00 20 or a substitute form providing coverage at least as broad.
I. Required Endorsements
a. Commercial General Liability policy shall contain the following endorsements, which
shall accompany the Certificate of Insurance:
1. An Additional Insured endorsement using ISO form CG 20 26 04 13, or a form at
least as broad, naming the County of Orange, its elected and appointed officials,
officers, agents and employees as Additional Insured or provide blanket coverage,
which will state AS REQUIRED BY WRITTEN CONTRACT.
2. A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a
form at least as broad, evidencing that City's insurance is primary, and any
insurance or self-insurance maintained by the County of Orange shall be excess and
non-contributing.
b. The Network Security and Privacy Liability policy shall contain the following
endorsements which shall accompany the Certificate of Insurance.
1. An Additional Insured endorsement naming the County of Orange, its elected and
appointed officials, officers, agents and employees as Additional Insured for its
vicarious liability.
2. A primary and non-contributing endorsement evidencing that the City's insurance
is primary,and any insurance or self-insurance maintained by the County of Orange
shall be excess and non-contributing.
Page 12 of 20
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J. The Workers' Compensation policy shall contain a waiver of subrogation endorsement
waiving all rights of subrogation against the County of Orange, its elected and appointed
officials, officers, agents and employees or provide blanket coverage, which will state AS
REQUIRED BY WRITTEN CONTRACT.
K. All insurance policies required by this MOU shall waive all rights of subrogation against
the County of Orange, its elected and appointed officials, officers, agents and employees
when acting within the scope of their appointment or employment.
L. City shall notify County in writing within thirty (30) days of any policy cancellation and
ten(10)days for non-payment of premium and provide a copy of the cancellation notice to
County. Failure to provide written notice of cancellation may constitute a material breach
of the contract, upon which the County may suspend or terminate this MOU.
M. If City's Professional Liability and/or Network Security and Privacy Liability policies are
a"claims made"policy, City shall agree to maintain coverage for two (2) years following
completion of this MOU.
N. The Commercial General Liability policy shall contain a severability of interests clause
also known as a"separation of insured"clause (standard in the ISO CG 0001 policy).
O. Insurance certificates should be mailed to County at the address indicated in Paragraph XX
of this MOU.
P. Failure of City to provide the insurance certificates and endorsements within seven(7)days
of notification by CEO/County Procurement Office or County, will result in a breach of
this MOU.
Q. County expressly retains the right to require City to increase or decrease insurance of any
of the above insurance types throughout the term of this MOU. Any increase or decrease
in insurance will be as deemed by County of Orange Risk Manager as appropriate to
adequately protect County.
R. County shall notify City in writing of changes in the insurance requirements. If City does
not deposit copies of acceptable certificates of insurance and endorsements with County
incorporating such changes within thirty(30)days of receipt of such notice,this MOU may
be in breach without further notice to City, and County shall be entitled to all legal
remedies.
S. The procuring of such required policy or policies of insurance shall not be construed to
limit City's liability hereunder nor to fulfill the indemnification provisions and
requirements of this MOU, nor act in any way to reduce the policy coverage and limits
available from the insurer.
T. County has reviewed and approved the Insurance Certificate provided by City's service provider,
Mercy House, a copy of which is attached hereto, and accepts such coverage in full satisfaction of
the requirements of this Section XV.
Page 13 of 20
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XVI. SECURITY
A. Security Requirements
a. City agrees to maintain the confidentiality of all County and County-related records
and information pursuant to all statutory laws relating to privacy and confidentiality
that currently exists or exists at any time during the term of this MOU, so long as
consistent with the requirements of Federal and State law, including,but not limited to,
the California Public Records Act. City represents and warrants that it has implemented
and will maintain during the term of this MOU, administrative, physical, and technical
safeguards to reasonably protect private and confidential client information, to protect
against anticipated threats to the security or integrity of County data, and to protect
against unauthorized physical or electronic access to or use of County data. Such
safeguards and controls shall include at a minimum:
1. Storage of confidential paper files that ensures records are secured, handled,
transported, and destroyed in a manner that prevents unauthorized access.
2. Control of access to physical and electronic records to ensure County data is
accessed only by individuals with a need to know for the delivery of MOU services.
3. Control to prevent unauthorized access and to prevent City employees from
providing County data to unauthorized individuals.
4. Firewall protection.
5. Use of encryption methods of electronic County data while in transit from City
networks to external networks, when applicable.
6. Measures to securely store all County data, including, but not limited to,encryption
at rest and multiple levels of authentication and measures to ensure County data
shall not be altered or corrupted without County's prior written consent. City
further represents and warrants that it has implemented and will maintain during
the term of this MOU administrative, technical, and physical safeguards and
controls consistent with State and federal security requirements.
B. Security Breach Notification
a. City shall have policies and procedures in place for the effective management of
Security Breaches, as defined below. In the event of any actual, attempted, suspected,
threatened, or reasonably foreseeable circumstance City experiences or learns of that
either compromises or could reasonably be expected to comprise County data through
unauthorized use, disclosure, or acquisition of County data ("Security Breach"), City
shall immediately notify County of its discovery. After such notification, City shall,at
its own expense, immediately:
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1. Investigate to determine the nature and extent of the Security Breach.
2. Contain the incident by taking necessary action, including, but not limited to,
attempting to recover records, revoking access, and/or correcting weaknesses in
security.
3. Report to County the nature of the Security Breach, the County data used or
disclosed, the person who made the unauthorized use or received the unauthorized
disclosure, what City has done or will do to mitigate any harmful effect of the
unauthorized use or disclosure,and the corrective action City has taken or will take
to prevent future similar unauthorized use or disclosure.
b. The County, at its sole discretion and on a case-by-case basis, will determine what
actions are necessary in response to the Security Breach and who will perform these
actions. Actions may include but are not limited to: notifications; investigation and
remediation costs, including notification of all whose personal information was
disclosed; outside investigation; forensics; counsel; crisis management; and credit
monitoring. In the event County determines City will conduct additional action(s), City
shall bear the costs. In the event County conducts additional actions(s) arising out of
or in connection with a Security Breach, City shall reimburse County for costs
associated to legally required actions.
XVII. NOTIFICATION OF INCIDENTS, CLAIMS, OR SUITS
City shall report to County, in writing within twenty-four (24) hours of occurrence, the
following:
A. Any accident or incident relating to services performed under this MOU that involves
injury or property damage which may result in the filing of a claim or lawsuit against City
and/or County.
B. Any third-party claim or lawsuit filed against City arising from or relating to services
performed by City under this MOU.
C. Any injury to an employee of City that occurs on County property.
D. Any loss, disappearance, destruction, misuse, or theft of any kind whatsoever of County
property, monies, or securities entrusted to City under the term of this MOU.
XVIII. RECORDS
A. Client Records
a. City shall prepare and maintain accurate and complete records, or provide the same to
County if services are provided by another organization,of clients served and dates and
type of services provided under the terms of this MOU in a form acceptable to County.
b. City shall keep all County data provided to City during the term(s) of this for a
Page 15 of 20
Docusign Envelope ID. 15936268-599E-45F3-934D-E0D17EEA539B
minimum of five (5) years from the date of final payment under this MOU or until all
pending County, State, and federal audits are completed, whichever is later. These
records shall be stored in Orange County, unless City requests and County provides
written approval for the right to store the records in another County. Notwithstanding
anything to the contrary, upon termination of this MOU, City shall relinquish control
with respect to County data to County in accordance with Subparagraph B.
B. Public Records
a. To the extent permissible under the law, all records, including, but not limited to,
reports, audits, notices, claims, statements, and correspondence, required by this MOU
may be subject to public disclosure pursuant to the California Public Records Act, or
other applicable law. County will not be liable for any such disclosure.
XIX. PERSONNEL DISCLOSURE
A. This Paragraph XIX applies to all of City's personnel providing services through this
MOU, paid and unpaid (herein referred to as"Personnel").
B. City shall make available to County a current list of all Personnel providing services
hereunder, including résumés and job applications.Changes to the list will be immediately
provided to County in writing, along with a copy of a résumé and/or job application. The
list shall include:
a. Names and dates of birth of all Personnel by title,whose direct services are required to
provide the programs described herein;
b. A brief description of the functions of each position and the hours each person works
each week, or for part-time Personnel, each day or month, as appropriate;
c. The professional degree, if applicable, and experience required for each position; and
d. The language skill, if applicable, for all Personnel.
C. Where authorized by law, and in a manner consistent with California Government Code
§12952,City shall require prospective Personnel to provide detailed information regarding
the conviction of a crime, by any court, for offenses other than minor traffic offenses.
Information discovered subsequent to the hiring or promotion of any prospective Personnel
shall be cause for termination from the performance of services under this MOU.
D. Where authorized by law, City shall conduct, at no cost to County, a criminal record
background check on all Personnel who will have direct, interactive contact with clients
served through this MOU. Background checks conducted through the California
Department of Justice shall include a check of the California Central Child Abuse Index,
when applicable. Candidates will satisfy background checks consistent with this Paragraph
and their performance of services under this MOU.
E. City shall ensure that clearances and background checks described in Subparagraphs 21.3
Page 16 of 20
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and 21.4 are completed prior to City's Personnel providing services under this MOU.
F. In the event a record is revealed through the processes described in Subparagraphs 20.1
and 20.2, County will be available to consult with City on appropriateness of Personnel
providing services through this MOU.
G. City warrants that all Personnel assigned by City to provide services under this MOU have
satisfactory past work records and/or reference checks indicating their ability to perform
the required duties and accept the kind of responsibility anticipated under this MOU. City
shall maintain records of background investigations and reference checks undertaken and
coordinated by City for Personnel assigned to provide services under this MOU, for a
minimum of five (5) years from the date of final payment under this MOU, or until all
pending County, State, and federal audits are completed, whichever is later, in compliance
with all applicable laws.
H. City shall immediately notify County concerning the arrest and/or subsequent conviction,
for offenses,other than minor traffic offenses, of any Personnel performing services under
this MOU, when such information becomes known to City. County, in its sole discretion,
may raise concerns about whether such Personnel may continue to provide services under
this MOU and shall provide such concerns to City in writing. City will consider such
concerns in good faith.
I. City retains sole authority over the hiring, supervision, discipline, and removal of City's
Personnel performing work hereunder, and any proposed changes in City's Personnel.
J. City shall notify County immediately when Personnel is terminated for cause from working
on this MOU.
K. Disqualification of City Personnel shall not relieve City of its obligation to complete all
work in accordance with the terms and conditions of this MOU.
XX. NOTICES
All notices, requests, claims correspondence, reports, statements authorized or required by
this MOU, and/or other communications shall be addressed as follows:
COUNTY:
County of Orange
County Procurement office
400 West Civic Center Drive., 3rd Floor
Santa Ana, CA 92701
Email address: •
CITY:
Attn: City of Huntington Beach
Address: 2000 Main Street,
Huntington Beach CA 92648
Page 17 of 20
Docusign Envelope ID: 15936268-599E-45F3-934D-E0D17EEA539B
Email: thopkins@surfcity-hb.org
All notices shall be deemed effective when in writing and deposited in the United States
mail, first class, postage prepaid and addressed as above. Any communications, including
notices,requests, claims,correspondence,reports,and/or statements authorized or required
by this MOU, addressed in any other fashion shall be deemed not given. The Parties each
may designate by written notice from time to time, in the manner aforesaid, any change in
the address to which notices must be sent.
XXI. CONFLICT OF INTEREST
City shall exercise reasonable care and diligence to prevent any actions or conditions that
could result in a conflict with the best interests of the County. This obligation shall apply
to City; the City's employees, agents, and subcontractors associated with accomplishing
work and services hereunder. City's efforts shall include,but not be limited to establishing
precautions to prevent its employees,agents,and subcontractors from providing or offering
gifts, entertainment, payments, loans or other considerations which could be deemed to
influence or appear to influence County staff or elected officers from acting in the best
interests of the County.
XXII. POLITICAL ACTIVITY
City agrees that the funds provided herein will not be used to promote, directly or
indirectly, any political party, political candidate, or political activity, except as permitted
by law.
XXIII. TERMINATION
A. County may terminate this MOU without penalty, immediately with cause or after
thirty(30) days' written notice without cause, unless otherwise specified. Notice shall
be deemed served on the date of mailing. Cause shall include, but not limited to, any
breach of this MOU, any partial misrepresentation whether negligent or willful, fraud
on the part of City, discontinuance of the services for reasons within City's reasonable
control, and repeated or continued violations of County ordinances unrelated to
performance under this MOU that, in the reasonable opinion of County, indicate a
willful or reckless disregard for County laws and regulations. Exercise by County of
the right to terminate this MOU shall relieve County of all further obligations under
this MOU.
B. For ninety (90) calendar days prior to the expiration date of this MOU, or upon notice
of termination of this MOU("Transition Period"),City agrees to cooperate with County
in the orderly transfer of service responsibilities,case records,and pertinent documents.
The Transition Period may be modified as agreed upon in writing by the Parties.During
the Transition Period, services and data access shall continue to be made available to
County without alteration. City also shall assist County in extracting and/or
transitioning all data in the format determined by County.
Page 18 of 20
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C. In the event of termination of this MOU, cessation of business by City, or any other
event preventing City from continuing to provide services, City shall not withhold the
County data or refuse for any reason,to promptly provide to County the County data if
requested to do so on such media as reasonably requested by County, even if County
is then or is alleged to be in breach of this MOU.
D. The obligations under this MOU utilize County resources, for which funding, or
portions of funding,may be contingent upon the State and/or federal budget; receipt of
funds from and/or obligation of funds by the State and/or Federal Government; and
inclusion of sufficient funding for the services hereunder in the budget approved by the
County's Board of Supervisors for each fiscal year covered by this MOU. If such
approval, funding, or appropriations are not forthcoming, or are otherwise limited,
County may terminate, reduce, or modify this MOU without penalty.
E. If any term, covenant,condition, or provision of this MOU or the application thereof is
held invalid, void, or unenforceable,the remainder of the provisions in this MOU shall
remain in full force and effect and shall in no way be affected, impaired, or invalidated
thereby.
XXIV. SIGNATURE IN COUNTERPARTS
The Parties agree that separate copies of this MOU may be signed by each of the Parties,
and this MOU will have the same force and effect as if the original had been signed by
all Parties. City represents and warrants that the person executing this MOU on behalf
of and for City is an authorized agent who has actual authority to bind City to each and
every term,condition and obligation of this MOU and that all requirements of City have
been fulfilled to provide such actual authority.
XXV. GENERAL PROVISIONS
A. Nothing herein contained shall be construed as creating the relationship of employer
and employee,or principal and agent,between County and any participant participating
in the HBNC, or any of City's agents or employees.
B. This MOU, with its Exhibit(s) incorporated herein by reference represents the entire
understanding of the Parties with respect to the subject matter. No change,
modification, extension, termination or waiver of this MOU, or any of the
understandings herein contained, shall be valid unless made in writing and signed by
duly authorized representatives of the Parties hereto.
C. This MOU has been negotiated and executed in the State of California and shall be
governed by and construed under the laws of the State of California. In the event of
any legal action to enforce or interpret this MOU, the sole and exclusive venue shall be
a court of competent jurisdiction located in Orange County, California, and the Parties
hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding
Code of Civil Procedure Section 394. Furthermore, the Parties specifically agree to
waive any and all rights to request that an action be transferred for trial to another
Page 19 of 20
Docusign Envelope ID:15936268-599E-45F3-934D-E0D17EEA539B
County.
D. In the performance of this MOU, City shall comply with all applicable laws and
regulations of the United States, State of California, County of Orange, and all
administrative regulations, rules, and policies adopted thereunder, as each and all may
now exist or be hereafter amended.
E. In the performance of this MOU, City may neither delegate its duties or obligations nor
assign its rights, either in whole or in part, without the prior written consent of County.
Any attempted delegation or assignment without prior written consent shall be void.
F. The various headings, numbers, and organization herein are for the purpose of
convenience only and shall not limit or otherwise affect the meaning of this MOU.
WHEREFORE, the Parties hereto have executed the MOU in the County of Orange, California.
,—nSigned by: 1—Signed by:
By: tl6+5 6tctif By: tiquAiS ifOrti11,S) Obi AU/LW
Dougl-a ITEPtrs" Tray i €2 ii4§304CB
County of Orange, County Executive Office City Manager
Office of Care Coordination City of Huntington Beach
Dated:4/29/2026 Dated: 4/29/2026
Approved As To Form Approved As To Form
CEO Counsel Office of the City Attorney, City of
County of Orange, California Huntington Beach
r—sgnw by: ,—Sign.d by:
By: O SV-Pfl-ff Q0)60-tv By: ('A4 t- l/vlie tt
Chris AnZerson, Deputy County Counsel Mike V a otta, Assistant City Attorney
Dated:4/1/2026 Dated:4/1/2026
Rece and File
--City Clerk S II 12(p
Page 20 of 20
Switzer, Donna
From: Switzer, Donna
Sent: Friday, May 1, 2026 6:01 PM
To: Kelley, Jessica
Cc: Thomas, Carlina; Esquivel, Juan
Subject: RE: Completed Agreement
Hi Jessica,
Thank you for providing us with a copy of the fully executed agreement. I will add it to the file for your item that was
approved by City Council on April21, 2026—File#26-225.
Sincerely,
Donna Switzer, CMC
6.111
Senior Deputy City Clerk
Office of the City Clerk
Office:(714)374-1649
• Donna.Switzer@surfcity-hb.org
2000 Main Street,Huntington Beach,CA 92648
From: Kelley,Jessica <Jessica.Kelley@surfcity-hb.org>
Sent: Wednesday, April 29, 2026 3:24 PM
To:Switzer, Donna <Donna.Switzer@surfcity-hb.org>
Cc:Thomas, Carlina <Carlina.Thomas@surfcity-hb.org>; Esquivel,Juan<juan.esquivel@surfcity-hb.org>
Subject: RE: Completed Agreement
Here is a copy with the watermark removed.
i
/.',1 '�-`_ Jessica Kelley
�j.-` i Manager
Homeless&Behavioral Health
�311r"Cc �i;
Office:714-536-5929
Jessica.kellev( surfcity-hb.orq
FE3000
CITY OF HUNTINGTON BEACH
2000 Main Street,Huntington Beach,CA 92648
From: Kelley,Jessica
Sent:Wednesday, April 29, 2026 2:24 PM
To:Switzer, Donna <Donna.Switzer@surfcity-hb.org>
Cc:Thomas, Carlina <Carlina.Thomas@surfcity-hb.org>; Esquivel,Juan<Juan.Esquivel@surfcity-hb.org>
Subject: Completed Agreement
Hi Donna,
i
Attached is the fully executed agreement between the City and the County for a one-time
award of Homeless and Housing Prevention funds in the amount of $500,000. The agreement
also provides the County with access to up to five Navigation Center beds, as available.
The document is ready for processing and final steps. Please let me know if you have any
questions.
Thank you,
'; Jessica Kelley
f,_ Manager
• . Homeless&Behavioral Health
1.
Office:714-536-5929
Jessica.kellevesurfcity-hb.orq
FB 00 0
CITY OF HUNTINGTON BEACH
2000 Main Street,Huntington Beach,CA 92648
2
Memorandum Of Understanding
Between
County Of Orange
And
City Of Huntington Beach
For
Capital Improvements And Services At Huntington Beach N• igation Center
This Memorandum of Understanding ("MOU") is entered into pon execution of necessary
signatures, by and between the County Executive Office,Office .f Care Coordination,hereinafter
referred to as "County," and the City of Huntington Beach ereinafter referred to as "City."
County and City may be referred to individually as"Party" d collectively as the"Parties".
This MOU establishes the specific guidelines for the ' plementation and administration of the
Homeless Housing, Assistance and Prevention Pro Jam (HHAP) funding to support Capital
Improvement and Services at the Huntington Beac avigation Center located at 17631 Cameron
Lane, Huntington Beach, CA 92647,herein after -ferred to as"HBNC".
The relationship between County and City,w' i regard to this MOU,is based upon the following:
1. This MOU sets forth the proced es authorized by both the County and City, for their
respective employees to follow ' implementing and operating the Capital Improvements
and Services at the HBNC.
2. This is a financial MOU an, is a legally binding agreement based on the promises of the
Parties.
3. The City, through staffi•: and/or subcontracted provider(s), is to provide the services and
activities described in uis MOU that benefit persons who are experiencing homelessness
and are eligible to : cess the HBNC pursuant to the guidelines set forth in this MOU.
References to the ity throughout this MOU will include any services and activities
provided throug he subcontracted provider(s),
I. BACKGRO 1 D
On Septe • er 29, 2019, the County entered into a Subrecipient Agreement with the City
to transf= a Sprung shelter facility and other equipment, as well as a grant amount to be
used to acilitate compliance with COVID-19 related public health measures, including
care .r homeless populations of Orange County to facilitate compliance with COVID-19
rel. -d public health measures, including care for homeless populations provided to
m' igate COVID-19 effects and enable compliance with COVID-19 health precautions.
ince then, the City has operated HBNC as an emergency shelter program that provides
164 beds to individuals experiencing homelessness within the City boundaries and
provides case management, housing navigation and access to other supportive services
with the goal.
Page 1 of 21
233
y
HBNC is in need of some capital improvements to address the wear and t r associated
with daily usage of the facility and additional repairs and upgrades that wo d improve the
participant's experience. Through this MOU, the County will provide AP funding to
the City to support the implementation of the capital improvements pro' cts and gain access
to five(5)As Available Beds at the HBNC during the term of the 1 U.
II. PURPOSE
The purpose of this MOU is to establish the procedure for t County and City to provide
funding in support of capital improvements needed and ' alines the mechanism for the
County to refer up to 5 individuals who meet the criteria under Section 5 of this MOU to
As Available Beds at the HBNC during the term of th- OU. •
III. TERM
The term of this MOU is upon execution of ne--ssary signatures to June 30, 2028, unless
earlier terminated pursuant to the provisions .f Paragraph 21 of this MOU; however, the
Parties shall be obligated to perform such uties as would normally extend beyond this
term, including, but not limited to, obli:• ions with respect to indemnification, reporting
and confidentiality.
IV. DEFINITIONS
A. As Available Beds: refers to a mi !mum of five (5) beds at the HBNC for the Office of Care
Coordination to refer Eligible Pa cipants,available on a first-come,first-served basis.These may
include beds designated for me ,women,non-binary individuals,and couples.
B. Chronic Homelessness: i D defines an individual or household to be experiencing
chronic homelessness if:
a. The head of h• sehold has a disability, as defined in section 401(9) of the
McKinney-Ve to Homeless Assistance Act(42 U.S.C. 11360(9)),who:
1. Lives in place not meant for human habitation, a safe haven, or in an
emerge cy shelter; and ;
2. Has b en homeless and living as described in paragraph(1)(i)of this definition
continuously for at Ieast 12 months or on at least 4 separate occasions in the last
e(3)years, as long as the combined occasions equal at least 12 months and
:.ch break in homelessness separating the occasions included at least seven(7)
consecutive nights of not living as described in paragraph (1)(i). Stays in
institutional care facilities for fewer than 90 days will not constitute as a break
in homelessness, but rather such stays are included in the 12-month total, as
long as the individual was living or residing in a place not meant for human
habitation, a safe haven, or an emergency shelter immediately before entering
the institutional care facility;
b. An individual who has been residing in an institutional care facility, including a
jail, substance abuse or mental health treatment facility, hospital, or other similar
facility, for fewer than 90 days and met all of the criteria in paragraph (1) of this
definition,before entering that facility; or
Page 2 of 21
234
/
c. A household with an adult head of household who meets all of r,Ke criteria in
paragraph (1) or (2) of this definition, including a household wh ,e composition
has fluctuated while the head of household has been experience homelessness.
C. County of Orange Standards of Care for Emergency Shelter (Stan rds of Care) are a
comprehensive set of administrative,operational; and facility-based standards designed to
support the quality and consistency of program operations, evidence-based participant
services, core organizational and administrative functions /and facility design and
operations. Reference Attachment A.
D. Eligible Participant: An individual experiencing homele• ness in Orange County who
meets the criteria as detailed in Section 5. Population to •- Served.
E. Homelessness: HUD defines an individual or family experiencing homelessness, if the
individual or family meets any of the following con.• ions
a. An individual or family who lacks a f ed, regular, and adequate nighttime
residence.
b. An individual or family with a prim: night-time residence that is a public or
private place not designed for . ordinarily used as a regular sleeping
accommodation for human bein_•, including, but not limited to, a car, park,
abandoned building, bus station, ain station, airport, or camping ground.
c. An individual or family living i a supervised publicly or privately-operated shelter
designated to provide tempo--ry living arrangements, including hotels or motels
paid for by state or local g• ennment programs for low-income individuals or by
charitable organizations, ••ngregate shelters, or transitional housing.
d. An individual who resi d in a shelter or place not meant for human habitation and
who is exiting an inst. ition where he or she temporarily resided.
e. An individual or a. mIt only household who will imminently lose their housing,
including,but not mited to,housing they own,rent,or live in without paying rent,
are sharing with ethers, or rooms in hotels or motels not paid for by state or local
government p••grams for low-income individuals or by charitable organizations,
as evidenced ey any of the following:
1. A cour order resulting from an eviction action that notifies the individual or
famil that they must leave within fourteen(14) days.
2. The dividual or family having a primary nighttime residence, that is a room
in hotel or motel and where they lack the resources necessary to reside there
f•-r more than fourteen(14) days.
3. redible evidence indicating that the owner or renter of the housing will not
allow the individual or family to stay for more than fourteen(14)days,and any
oral statement from an individual or family seeking homeless assistance that is
found to be credible shall be considered credible evidence for purposes of this
clause.
F. H• neless Housing,Assistance and Prevention(HHAP) is a state funding source from the
California Department of Housing and Community Development, which is intended to
support local jurisdictions in their unified regional response to prevent and end
homelessness in their regions.
. HUD refers to the U.S. Department of Housing and Urban Development, which has
oversight responsibilities for the use of federal funds provided to entitlement communities.
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H. Office of Care Coordination is the division in the County Executive Office that coordinates
homeless services programs for participants who are experiencing homelessness or at risk
of homelessness. This includes OC Outreach&Engagement(OC O&E).
I. Outreach is the professional activity of trained homeless outreach workers to meet the
immediate needs of people experiencing homelessness in unsheltered locations by
connecting them with emergency shelter,housing,or critical services,and providing them
with urgent, non-facility-based care through engagement,linkage and referrals.
J. Referrals is the linkage of eligible participants to appropriate supportive services, which
may include activities that involve educating the community about services offered and
requirements for participation in programs.
V. POPULATION TO BE SERVED
A. HBNC provides services to adult individuals,aged 18 and older,and adult-only households
who are experiencing homelessness in Huntington Beach. Such individuals and household
members must be able to meet all Activities of Daily Living(ADL)and must have no open
felony warrants,must not be sex offender(pursuant to Penal Code 290),and must not have
any known convictions or pending charges fgtl.arson (e.g. Penal Code 451). Further, such
individuals, or at least one member of sttich household, must have verifiable ties to
Huntington Beach,based on the following criteria:
a. A documented permanent address in Huntington Beach within the last five years;
b. If experiencing homelessness longer than five years, a documented last permanent
address in Huntington Beach.
c. Current employment in Huntington Beach or verifiable employment in Huntington
Beach within the past six months(such as a pay stub).
d. Full-time enrollment at Golden West College or enrollment in full-tune-considered
program(e.g. cosmetology,mechanics certification,etc.)in Huntington Beach.
e. A family member(as defined in the FHA Single Family Housing Policy Handbook
4000.1) currently residing in Huntington Beach.
VI. CITY RESPQNSIBILITIES
A. CapitalInrovements .
a. ,City shall contract directly with,make payment for,and collect applicable back-up
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documentation of all HHAP funded capital improvements made at HBNC.
b. City shall ensure that capital improvements meet eligible costs and program
requirements set forth in the HHAP guidelines and this MOU.
c. City shall ensure that capital improvements are coordinated with the HBNC and
impacts on the operations and participants are minimized.
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d. The City will complete some or all of the following capital improvements/uring
the term of the MOU,as funding allows.The parties acknowledge that the total cost
of identified repairs exceeds $500,000. Accordingly, the City will determine the
timing, prioritization, and scope of such improvements based on available funds,
operational needs, and overall project considerations.
1. Repair of Sprung Structure Lining. Repairs to the base of the structure are
necessary to reinforce the lining seal and will include asphalt grading for
improved draining.Estimated cost: $75,000.
2. Paint. Paint exterior and interior of facility, including specialized floor paint
for the Sprung Structure. Estimated cost: $80,000.
3. Dining Hall AC System Replacement. Replace the AC system to meet the
space demands.Estimated cost: $25,000.
4. Pet.Station. Relocation of pet area from proximity of dining hall to perimeter.
Estimated cost: $5000.
5. Dining Hall Furniture.Replace tables and chairs in the dining hall. Estimated
cost: $3500.
6. Laundry Room Ventilation. Replace existing laundry room ventilation system.
Estimated cost: $3000.
7. Security Cameras. Update existing,non-operational security camera system.
Estimated cost: $2500.
8. Shade Cover. Replace shade'cover for outdoor, recreation space. Estimated
cost: $1000.
9. Replace or repair front office/navigator offices building. Estimated cost:
$500,000.
10.Replace current restrooms. Estimated cost: $750,000.
B. Standards of Care
a. City shall implement and operate the HBNC in accordance with the Standards of
Care through the term of the MOU.
b. City shall request administrative and technical support from the County to ensure
proper and timely implementation of the Standards of Care upon the effective date
of the MOUS.
c. City shall coordinate and collaborate with the County through the Grievance and
Dispute Resolution Process, as outlined in the Standards of Care,as necessary,for
all county referred participants at HBNC.
d. City shall make county-referred participant files and administrative records
available to the County, in a timely manner as requested, as part of the annual
monitoring process of the Standards of Care.
e. County acknowledges that 1-IBNC does not currently provide the County preferred
number of restrooms and hereby waives this requirement as applied to the HBNC.
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C. As Available Beds Coordination
a. City shall at minimum provide the County with access to five(5)As Available Beds
for the Office of Care Coordination to refer Eligible Participants on a first-come,
first-served basis.
b. The City shall provide information on HBNC's bed availability, vehicle parking
spots and pets and on a daily basis in order for the Office of Care Coordination to
coordinate referrals.
c. City shall work with the operator of the HBNC to establish a tracking process and
workflow to ensure that referrals from the Office of Care Coordination are
processed timely.
d. City shall process referral forms (Attachment B) received from the Office of Care
Coordination via email within 24 hours, Monday through Friday based on bed
availability. A referral form received from the Office of Care Coordination during
the weekend or holiday shall be processed by the City during the next business day.
e. City social workers shall communicate with the Office of Care Coordination if the
person being referred to HBNC is eligible and meets the criteria set forth in Section
5. Population to be Served.
D. Administrative Responsibilities.
a. City shall provide to the County,by the twentieth(20th)calendar day following the
end of the quarter, a quarterly report on Capital Improvement activities completed
to date to the County. The reporting shall include a brief narrative detailing the
capital improvement activities accomplished, activities in progress,along with any
updates on challenges or expected delays,and financial reporting of expenditures.
b. City shaII provide daily occupancy reporting of the 5 As Available Beds to the
County by 10 a.m. at the latest each day. The reporting should include the HMIS
unique identifier and/or name of participant who vacated a bed if a new vacancy is
being reported.
c. City shall maintain accurate and complete financial records as a separate ledger for
all HHAP Activity costs related to capital expenditure under the terms of this MOU,
including payment processing and budget tracking, invoices, purchase orders,
sources and uses of funds, terms and conditions of financing, and all supportive
documentation submitted by subrecipients for reimbursement and change orders
(as appropriate).
d. City shall assist County with any monitoring and/or audits deemed necessary.
e. City shall attend County training courses and conferences that will include, but not
be limited to,new California Department of Housing and Community Development
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regulations impacting HHAP funding and documentation of procedures and
dissemination of changes to staff.
VII. COUNTY RESPONSIBILITIES,
A. County will act as a pass-through agency for HHAP funds. Except for County's
responsibility related to the HHAP Program as set forth in this MOU, City will be
responsible for completing the capital improvements as set forth in this MOU.
B. Standards of Care
a. County shall provide administrative and technical support to the City to ensure
proper and timely implementation of the Standards of Care upon the effective date
of the MOU.
b. County shall conduct annual monitoring of HBNC in accordance with the Standards
of Care and will coordinate with the,City for its scheduling.
C. As Available Beds Coordinatiop
a. County pre-screen potential participants for the HBNC based on the criteria
outlined in Section 5. and the referral form.
b. County shall complete referral forms of potential participants for the HBNC and
email the completed referral forms to the City.
c. County shall coordinate intake into HBNC with the City to ensure that no eligible
participants wa)k up to the IIIINC, but are instead transported in.
d. County sha icontinue to outreach to and engage any participant who exits the
HBNC and is experiencing unsheltered homelessness in Huntington Beach.
D. Admi ' trative
a. Coy ity shall participate in meetings with the City to address any items as detailed
it he MOU.
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VIII. ELIG :LE EXPENSES
A. he amount of County Funds allocated to the City available under this MOU,effective
upon the execution of the MOU, to June 30, 2027, in an amount not to exceed amount
of$500,000 be used for eligible capital improvements as described below.
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Capital Improvement Budget Expected Cptnpletion
Activity Tate
Replacement of current $500,000 June 30,1 2028
restroom facilities.
IX. PAYMENT
A. County shall pay City a grant amount of$500,000 Within 30 business days of the full
execution of this MOU. All expenditure on the grant amount must be for Eligible
Expenses as described in Section VIII of this MOU.
B. It is understood that the County makes no/Commitment to funding this MOU beyond
the terms set forth.
X. NON-DISCRIMINATION j
A. In the performance of this MOU,,tf ity agrees that it shall not engage nor employ any
unlawful discriminatory practices in the admission of clients, provision of services or
benefits, assignment of accommodations, treatment, evaluation, employment of
personnel, or in any other respect, on the basis of race, religious creed, color, national
origin, ancestry, physical- disability, mental disability, medical condition, genetic
information,marital status,sex,gender,gender identity,gender expression,age,sexual
orientation, military and veteran status, or any other protected group, in accordance
with the requirements of all applicable federal or State laws.
B. City shall furnish any and all information requested by County related to HHAP
funding and shall permit County access, during business hours, to books, records,and
accounts related to HHAP funding in order to ascertain City's compliance.
C. City shall comply with Titles VI and VII of the Civil Rights Act of 1964, as amended;
Section 504 of the Rehabilitation Act of 1973,as amended;the Age Discrimination Act
of 1975, as amended; the Food Stamp Act of 1977, as amended, and in particular 7
Code of Federal Regulations (CFR) section 272.6; Title II of the Americans with
Disabilities Act of 1990; California Civil Code Section 51 et seq., as amended;
California Government Code (CGC) Sections 11135-11139.5, as amended; CGC •
Section 12940 (c), (h), (i), and (j); CGC Section 4450; Title 22, California Code of
.Regulations (CCR) Sections 98000-98413; the Dymally-Alatorre Bilingual Services •
/Act (CGC Section 7290-7299.8); Section 1808 of the Removal of Barriers to
Interethnic Adoption Act of 1996; and other applicable federal and State laws, as well
as their implementing regulations(including Title 45 CFR Parts 80, 84, and 91;Title 7
CFR Part 15; and Title 28 CFR Part 42), and any other law pertaining to Equal
Employment Opportunity, Affirmative Action, and Nondiscrimination, as each may
now exist or be hereafter amended.
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XI. SUBCONTRACTS
A. City shall not subcontract for services under this MOU without the prior written consent
of County. If County consents in writing to a subcontract, in no event shall the
subcontract alter, in any way, any legal responsibility of City to County. All
subcontracts must be in writing and copies of same shall be provided to County, City
shall include in each subcontract any provision County may require.
B. Subcontracts of$50,000 or less
City shall develop a standard form Purchase Order,subject to prior written approval of
County, to be utilized for the purchase of services by City when the cumulative total
cost of the services to be provided by any organization anticipated to be fifty thousand
dollars($50,000) or less during the term of this MOU. The basis for costs incurred by
any such Purchase Order(s) shall be the actual cost of providing services or the usual
and customary charges established by the organization(s)providing the services.
C. Subcontracts in excess of$50,000
City shall develop and submit for approval to County a system for the procurement of
subcontracts with any organization in which the total cumulative cost of services
provided by any single organization is anticipated to exceed fifty thousand dollars
($50,000) during the term of this MOU. City's proposed procurement system shall
take into consideration such factors as: degree of price competition; pricing policies
and techniques;experience and quality of service;methods of evaluating subcontractor
responsibility; relationship of subcontractor to City planning, award, and post-award
management of subcontracts, including internal audit procedures and monitoring of
subcontractor's performance until completion of services.
D. Upon County's approval of City's proposed procurement system, City shall comply
with such procurement system in obtaining subcontracts with a total cost in excess of
fifty thousand dollars ($50,000)during the term of this MOU.
E. City and its subcontractor(s) shall establish and maintain accurate and complete
financial records related to services provided under the terms of this MOU. Such •
records may be subject to the satisfaction of County, and to the examination and audit
by County or designee, for a period of five (5) years or until any pending audit is
completed.
XII. CONFIDENTIALITY
A. All records and information concerning any and all persons referred to City by County •
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or County's designee shall be considered and kept confidential by City, City's •
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employees, agents, subcontractors, and all other individuals performing services under
this MOU, and shall remain confidential consistent with all applicable Federal, State •
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and local laws and regulations. City shall require all of its employees, agents, and
subcontractors,and all other individuals performing services under this MOU to before
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commencing the provision of any such services to agree to maintain confidentiality
pursuant to this MOU.
B. City shall inform all of its employees, agents, and subcontractors, and all other
individuals performing services under this MOU, of this provision anFl`that any person
violating the provisions of said California state law may be guilty ofa crime.
C. City agrees that any and all subcontracts entered into 4141 be subject to the
confidentiality requirements of this MOU.
XIII. PUBLICITY,LITERATURE,ADVERTISEMENTS AND SOCIAL MEDIA
A. County owns all rights to the name, logos, and symbols of County. The use and/or
reproduction of County's name, logos, or symbols for any purpose, including
commercial advertisement, promotional purposes, announcements, displays, or press
releases, without County's prior written consent is expressly prohibited.
B. City may develop and publish information related to this MOU where all of the
following conditions are satisfied, excepting City notification of the execution of, and
reproduction of,this MOU, as subcontracted providers, is permissible:
a. County provides its written approval of the content and publication of the
information at least 30 days prior to City publishing the information, unless a
different timeframe for approval is agreed upon by County;
b. Unless directed otherwise by County,the information includes a statement that the
program, wholly or in part, is funded through County, State and Federal
Government fundsy
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c. The information does not give the appearance that the County, its officers,
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employees,or agencies endorse:
I. Any commercial product or service; and,
2. Any product or service provided by City, unless approved in writing by
County; and
d. If City uses social media (such as Facebook, X, YouTube or other publicly
available social media sites) to publish information related to this MOU, City
shall develop social media policies and procedures and have them available to the
/ County. City shall comply with County Social Media Use Policy and Procedures
/ as they pertain to any social media developed in support of the services described
i` within this MOU. The policy is available on the Internet at
f http://www.ocgov.com/gov/ceo/cio/govpolicies.
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XIV. INDEMNIFICATION
A. City agree to indemnify,defend,with counsel approved in writing by County,and hold the
State, County, and their elected and appointed officials, officers, employees, agents, and
those special districts and agencies which County's Board of Supervisors acts as the
governing Board (`County INDEMNITEES') harmless from any claims, demands, or
liability of any kind or nature, including, but not Iimited to, personal injury or property
damage, arising from or related to the services, products, or other performance provided
by City pursuant to this MOU. If judgment is entered against City and County by a court
of competent jurisdiction because of the concurrent active negligence of County or County
Indemnitees, City and County agree that liability will be apportioned as determined by the
court. Neither party shall request a jury apportionment.
XV. INSURANCE
A. Prior to the provision of services under this'MOU, City agrees to purchase all required
insurance at City's expense, including all endorsements required herein, necessary to
satisfy County that the insurance provisions of this MOU have been complied with. City
agrees to keep such insurance coverage, Certificates of Insurance and endorsements on
deposit with County during the entire term of this MOU. In addition, all subcontractors
performing work on behalf of City-pursuant to this MOU shall obtain insurance subject to
the same terms and conditions as set forth herein for City.
B. City shall ensure that all subcontractors performing work on behalf of City pursuant to this
MOU shall be covered under City's insurance as an Additional Insured or maintain
insurance subject to the same terms and conditions as set forth herein for City. City shall
not allow subcontractors to work if subcontractors have less than the level of coverage
required by County from City under this MOU. It is the obligation of City to provide notice
of the insurance requirements to every subcontractor and to receive proof of insurance prior •
to allowing any subcontractor to begin work. Such proof of insurance must be maintained i •
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by City through the entirety of this MOU for inspection by County representative(s)at any
reasonable time.
C. All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance.
Any SIR ill an amount in excess of fifty thousand dollars ($50,000), shall specifically be
approved by the County of Orange Risk Manager, or designee, upon review of City's •
current audited financial report. If City's SIR is approved, City,in addition to,and without •
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limitation of, any other indemnity provision(s)in the MOU, agrees to all of the following:
a. In addition to the duty to indemnify and hold County harmless against any and all
liability, claim, demand or suit resulting from City's agents, employees or I
subcontractor's performance of this MOU,City shall defend County at its sole cost and
expense with counsel approved by Board of Supervisors against same; and
b. City's duty to defend,as stated above, shall be absolute and irrespective of any duty to
indemnify or hold harmless; and .
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c, The provisions of California Civil Code Section 2860 shall apply to any and all actions
to which the duty to defend stated above applies, and City's SIR provisions shall be
interpreted as though City was an insurer and County was the insured.
D. If City fails to maintain insurance acceptable to County for the full term of this MOU,
County may terminate this MOU.
E. Qualified Insurer: /''
a. The policy or polices of insurance required herein must'ssued by an insurer with a
minimum rating of A- (Secure A.M. Best's Rating) an II(Financial Size Category
as determined by the most current edition of the B is Key Rating Guide/Property-
Casualty/United States or ambest.com). It is pr erred, but not mandatory, that the
insurer be licensed to do business in the state of California (California Admitted
Carrier).
F. If the Insurance carrier does not have an A.M/Best Rating of A-NIII, the CEO/Office of
Risk Management retains the right to ap ove or reject a carrier after a review of the
company's performance and financial rat' g.
G. The policy or policies of insurance i intained by City shall provide the minimum limits
and coverage as set forth below:
Coverage Minimum Limits
Commercial General Liabi ' $1,000,000 per occurrence
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$2,000,000 aggregate
Workers' Compensation Statutory
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Employer's LiabilityInsurance $1,000,000 per occurrence
Network Security&Privacy $1,000,000 per claims made
Liability
Professional Liability Insurance $1,000,000 per claims made$1,000,000
aggregate
H. Required overage Forms
7`f
a. Commmercial General Liability coverage shall be written on Insurance Services Office
(ISO)form CG 00 01 or a substitute form providing liability coverage at least as broad.
b. Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05,
/ CA 0012,CA 00 20 or a substitute form providing coverage at least as broad.
V� Required Endorsements
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a. Commercial General Liability policy shall contain the following endorsements, which
shall accompany the Certificate of Insurance:
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1. An Additional Insured endorsement using ISO form CG 20 26 04 13, or a form at
least as broad, naming the County of Orange, its elected and appointed officials,
officers, agents and employees as Additional Insured or provide blanket coverage,
which will state AS REQUIRED BY WRITTEN CONTRACT.
2. A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a
form at least as broad, evidencing that City's insurance is primary, and any
insurance or self-insurance maintained by the County of Orange shall be excess and
non-contributing.
b. The Network Security and Privacy Liability policy shall contain the following
endorsements which shall accompany the Certificate of Insurance.
1. An Additional Insured endorsement naming the County of Orange, its elected and
appointed officials, officers, agents and employees as Additional Insured for its
vicarious liability.
2. A primary and non-contributing endorsement evidencing that the City's insurance
is primary,and any insurance or se -insurance maintained by the County of Orange
shall be excess and non-contribyfing.
J. The Workers' Compensation policy shall contain a waiver of subrogation endorsement
waiving all rights of subrogation against the County of Orange, its elected and appointed
officials, officers, agents and eiloyees or provide blanket coverage,which will state AS
REQUIRED BY WRITTEN CONTRACT.
K. All insurance policies required by this MOU shall waive all rights of subrogation against
the County of Orange, iti�elected and appointed officials, officers, agents and employees
when acting within the scope of their appointment or employment.
L. City shall notify Co ty in writing within thirty (30) days of any policy cancellation and
ten(10)days for non-payment of premium and provide a copy of the cancellation notice to
County. Failure to provide written notice of cancellation may constitute a material breach
of the contract upon which the County may suspend or terminate this MOU.
M. If City's Professional Liability and/or Network Security and Privacy Liability policies are
a"claims,/nade"policy, City shall agree to maintain coverage for two (2)years following
comple06n of this MOU.
N. The Commercial General Liability policy shall contain a severability of interests clause
als, known as a"separation of insured"clause(standard in the ISO CG 0001 policy).
O. surance certificates should be mailed to County at the address indicated in Paragraph XX
of this IvIOU.
. Failure of City to provide the insurance certificates and endorsements within seven(7)days
of notification by CEO/County Procurement Office or County, will result in a breach of
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this MOU.
Q. County expressly retains the right to require City to increase or decrease insurance of any
of the above insurance types throughout the term of this MOU. Any increase,or decrease
in insurance will be as deemed by County of Orange Risk Manager as of propriate to
adequately protect County. rr fr
R. County shall notify City in writing of changes in the insurance requi ments. If City does
not deposit copies of acceptable certificates of insurance and endorsements with County
incorporating such changes within thirty(30)days of receipt of such notice,this MOU may
be in breach without further notice to City, and County shall be entitled to all legal
remedies.
S. The procuring of such required policy or policies of insurance shall not be construed to
limit City's liability hereunder nor to fulfill the indemnification provisions and
requirements of this MOU, nor act in any way to reduce the policy coverage and limits
available from the insurer. ;
T. County has reviewed and approved the Insurance certificate provided by City's service provider,
Mercy House,a copy of which is attached hereto,and accepts such coverage in full satisfaction of
the requirements of this Section XV. •
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XVI. SECURITY /
A. Security Requirements 7
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a. City agrees to maintain th° confidentiality of all County and County-related records
and information pursuant to all statutory laws relating to privacy and confidentiality •
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that currently exists or exists at any time during the term of this MOU, so long as
consistent with the requirements of Federal and State law,including,but not limited to,
the California Public Records Act.City represents and warrants that it has implemented i
and will maintain luring the term of this MOU, administrative,physical, and technical
safeguards to re4onably protect private and confidential client information, to protect
: :
against anticipated threats to the security or integrity of County data, and to protect
against unauthorized physical or electronic access to or use of County data. Such
safeguards and controls shall include at a minimum:
1. Storage of confidential paper files that ensures records are secured, handled,
transported,and destroyed in a manner that prevents unauthorized access.
2. Control of access to physical and electronic records to ensure County data is
accessed only by individuals with a need to know for the delivery of MOU services.
/3. Control to prevent unauthorized access and to prevent City employees from
providing County data to unauthorized individuals.
4. Firewall protection.
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5. Use of encryption methods of electronic County data while in transit from ty
networks to external networks, when applicable.
6. Measures to securely store all County data,including,but not limited to, cryption
at rest and multiple levels of authentication and measures to ensure/County data
shall not be altered or corrupted without County's prior written/onsent. City
further represents and warrants that it has implemented and will maintain during
the term of this MOU administrative, technical, and physical safeguards and
controls consistent with State and federal security requirements.
B. Security Breach Notification //
a. City shall have policies and procedures in place for/tile effective management of
Security Breaches, as defined below. In the event of any actual, attempted, suspected,
threatened, or reasonably foreseeable circumstance/City experiences or learns of that
either compromises or could reasonably be expec d to comprise County data through
unauthorized use, disclosure, or acquisition of ounty data ("Security Breach"), City
shall immediately notify County of its discov . After such notification,City shall,at
its own expense, immediately:
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l. Investigate to determine the nature . d extent of the Security Breach.
2. Contain the incident by takin_ necessary action, including, but not limited to, •
attempting to recover record revoking access, and/or correcting weaknesses in
security.
3. Report to County the i .ture of the Security Breach, the County data used or
disclosed, the person o made the unauthorized use or received the unauthorized
disclosure, what Cit has done or will do to mitigate any harmful effect of the
unauthorized use o disclosure,and the corrective action City has taken or will take
to prevent future.imilar unauthorized use or disclosure.
b. The County, at i• sole discretion and on a case-by-case basis, will determine what
actions are nee, saiy in response to the Security Breach and who will perform these •
actions. Acti• s may include, but are not limited to: notifications; investigation and •
•
remediatio costs, including notification of all whose personal information was
disclosed• outside investigation; forensics; counsel; crisis management; and credit
monitor' g.In the event County determines City will conduct additional action(s),City
shall .-ar the costs. In the event County conducts additional actions(s) arising out of •
or i connection with a Security Breach, City shall reimburse County for costs
as•.ciated to legally required actions.
XVII. N• IFICATION OF INCIDENTS CLAIMS OR SUITS
C. shall report to County, in writing within twenty-four (24) hours of occurrence, the
.l lowing:
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A. Any accident or incident relating to services performed under this MOU that involves'`
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injury or property damage which may result in the filing of a claim or lawsuit against city
and/or County. ,
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B. Any third-party claim or lawsuit filed against City arising from or relating to/services I
performed by City under this MOU. j
C. Any injury to an employee of City that occurs on County property.
D. Any loss, disappearance, destruction, misuse, or theft of any kind whatsoever of County
property, monies, or securities entrusted to City under the term of this MOU.
XVIII. RECORDS
A. Client Records
a. City shall prepare and maintain accurate and complete records, or provide the same to •
County if services are provided by another organization,of clients served and dates and
type of services provided under the terms of this MOU in a form acceptable to County.
b. City shall keep all County data provided to City during the term(s) of this for a
minimum of five(5)years from the date of final payment under this MOU or until all
pending County, State, and federal tidits are completed, whichever is later. These
records shall be stored in Orange county, unless City requests and County provides
written approval for the right to store the records in another County. Notwithstanding
anything to the contrary, upon termination of this MOU, City shall relinquish control
with respect to County data ty'County in accordance with Subparagraph B.
B. Public Records
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a. To the extent permis§tble under the law, all records, including, but not limited to,
reports,audits,notic ',claims,statements,and correspondence,required by this MOU
may be subject to iblic disclosure pursuant to the California Public Records Act, or
other applicable lbw. County will not be liable for any such disclosure.
XIX. PERSONNEL DISCLOSURE
A. This Paragraph'XIX applies to all of City's personnel providing services through this
MOU,paid and unpaid(herein referred to as"Personnel").
B. City shall make available to County a current list of all Personnel providing services
hereunder,including résumés and job applications. Changes to the list will be immediately
provided to County in writing, along with a copy of a résumé and/or job application. The
list shall include:
Names and dates of birth of all Personnel by title,whose direct services are required to
provide the programs described herein;
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b. A brief description of the functions of each position and the hours each person works
each week,or for part-time Personnel,each day or month, as appropriate;
c. The professional degree, if applicable,and experience required for each,Position; and
d. The language skill, if applicable, for all Personnel. /
C. Where authorized by law, and in a manner consistent with California Government Code
§12952,City shall require prospective Personnel to provide detailed information regarding
the conviction of a crime, by any court, for offenses other than minor traffic offenses.
Information discovered subsequent to the hiring or promotion f any prospective Personnel
shall be cause for termination from the performance of se .ces under this MOU.
D. Where authorized by law, City shall conduct, at no ost to County, a criminal record
background check on all Personnel who will have ' ect, interactive contact with clients
served through this MOU. Background chec conducted through the California •
Department of Justice shall include a check of t e California Central Child Abuse Index,
when applicable. Candidates will satisfy background checks consistent with this Paragraph
and their performance of services under this1MOU.
E. City shall ensure that clearances and baF.1(ground checks described in Subparagraphs 21.3
and 21.4 are completed prior to City'sfPersonncl providing services under this MOU. •
F. In the event a record is revealed through the processes described in Subparagraphs 20.1
and 20.2, County will be available to consult with City on appropriateness of Personnel •
•
providing services through this MOU.
G. City warrants that all Personnel assigned by City to provide services under this MOU have
satisfactory past work records and/or reference checks indicating their ability to perform •
the required duties and accept the kind of responsibility anticipated under this MOU. City
shall maintain recor of background investigations and reference checks undertaken and •
coordinated by Ci for Personnel assigned to provide services under this MOU, for a
minimum of five, 5) years from the date of final payment under this MOU, or until all
pending Count ;State,and federal audits are completed,whichever is later,in compliance
with all appli ble laws.
•
H. City shall mmediately notify County concerning the arrest and/or subsequent conviction,
for offe es,other than minor traffic offenses,of any Personnel performing services under
this U,when such information becomes known to City. County, in its sole discretion,
may raise concerns about whether such Personnel may continue to provide services under
this MOU and shall provide such concerns to City in writing. City will consider such
concerns in good faith.
1. City retains sole authority over the hiring, supervision, discipline, and removal of City's
Personnel performing work hereunder, and any proposed changes in City's Personnel.
J. City shall notify County immediately when Personnel is terminated for cause from working
/
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249
on this MOU.
K. Disqualification of City Personnel shall not relieve City of its obligation to complete all
work in accordance with the terms and conditions of this MOU.
XX. NOTICES
All notices,requests,claims correspondence,reports,statements authorized or required by
this MOU,and/or other communications shall be addressed as follows:
COUNTY:
County of Orange
County Procurement office ,`f,/.
400 West Civic Center Drive.,3rd F or
Santa Ana, CA 92701
Email address:
CITY:
Attn: TBD
Address: TBD •
•
Email:
All notices shall be deem effective when in writing and deposited in the United States
mail, first class,postage repaid and addressed as above. Any communications, including
notices,requests,claim ,correspondence,reports,and/or statements authorized or required
by this MOU, addres d in any other fashion shall be deemed not given. The Parties each
may designate by written notice from time to time, in the manner aforesaid,any change in
the address to which notices must be sent.
XXI. CONFLICT 0. TEREST I
City shall e -rcise reasonable care and diligence to prevent any actions or conditions that
could resu in a conflict with the best interests of the County. This obligation shall apply
to City; e City's employees, agents, and subcontractors associated with accomplishing
work and services hereunder. City's efforts shall include,but not be limited to establishing
precautions to prevent its employees,agents,and subcontractors from providing or offering
gifts, entertainment, payments, loans or other considerations which could be deemed to
influence or appear to influence County staff or elected officers from acting in the best
}nterests of the County. •
XXII. !POLITICAL ACTIVITY
City agrees that the funds provided herein will not be used to promote, directly or
/
indirectly, any political party,political candidate, or political activity, except as permitted
by law.
•
•
•
Page 18 of 21
•
250 .
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da
XXIII. TERMINATION
A. County may terminate this MOU without penalty, immediately with cause or after
thirty (30)days' written notice without cause, unless otherwise specified.Notice shall
be deemed served on the date of mailing. Cause shall include, but not limited to, any
breach of this MOU, any partial misrepresentation whether negligent or willful, fraud
on the part of City,discontinuance of the services for reasons within City's reasonable
control, and repeated or continued violations of County ordinances unrelated to
performance under this MOU that, in the reasonable opinion of/County, indicate a
willful or reckless disregard for County laws and regulations. V'xercise by County of
the right to terminate this MOU shall relieve County of all/Wither obligations under
this MOU.
B. For ninety (90)calendar days prior to the expiration d. - of this MOU, or upon notice
of termination of this MOU("Transition Period"),Ci agrees to cooperate with County
in the orderly transfer of service responsibilities,ca records,and pertinent documents.
The Transition Period may be modified as agreed pon in writing by the Parties.During
the Transition Period, services and data acces• shall continue to be made available to
County without alteration. City also sl . 1 assist County in extracting and/or
transitioning all data in the format determ. ed by County.
C. In the event of termination of this MP , cessation of business by City, or any other
event preventing City from continui•g to provide services, City shall not withhold the
County data or refuse for any real' ,to promptly provide to County the County data if
requested to do so on such me ': as reasonably requested by County, even if County
is then or is alleged to be in b ach of this MOU.
D. The obligations under t ' MOU utilize County resources, for which funding, or
portions of funding,ma a contingent upon the State and/or federal budget;receipt of
funds from and/or ob gation of funds by the State and/or Federal Government; and
inclusion of sufficient funding for the services hereunder in the budget approved by the
County's Board Supervisors for each fiscal year covered by this MOU. If such
approval, fiindi , or appropriations are not forthcoming, or are otherwise limited,
County may t ninate,reduce,or modify this MOU without penalty.
E. If any term, covenant,condition,or provision of this MOU or the application thereof is
held invalid,void,or unenforceable,the remainder of the provisions in this MOU shall •
remain in full force and effect and shall in no way be affected,impaired,or invalidated
they y.
XXIV. SIG ATURE IN COUNTERPARTS
e Parties agree that separate copies of this MOU may be signed by each of the Parties,
and this MOU will have the same force and effect as if the original had been signed by
all Parties. City represents and warrants that the person executing this MOU on behalf
of and for City is an authorized agent who has actual authority to bind City to each and
Page 19 of 21
251
every term,condition and obligation of this MOU and that all requirements of City have
been fulfilled to provide such actual authority.
XXV. GENERAL PROVISIONS
A. Nothing herein contained shall be construed as creating the relationship of employer
and employee,or principal and agent,between County and any participant participating
in the HBNC, or any of City's agents or employees.
B. This MOU, with its Exhibit(s) incorporated herein by reference/represents the entire
understanding of the Parties with respect to the subje1pt matter. No change,
modification, extension, termination or waiver of this' MOU, or any of the
understandings herein contained, shall be valid unless made In writing and signed by
duly authorized representatives of the Parties hereto. ,
C. This MOU has been negotiated and executed in the State of California and shall be
governed by and construed under the laws of the State of California. In the event of
any legal action to enforce or interpret this M914,the sole and exclusive venue shall be
a court of competent jurisdiction located in Orange County, California, and the Parties
hereto agree to and do hereby submit to thh�jurisdiction of such court,notwithstanding
Code of Civil Procedure Section 394. F�Cnrthermore, the Parties specifically agree to
waive any and all rights to request that an action be transferred for trial to another
County.
/
D. In the performance of this MOU, City shall comply with all applicable laws and
regulations of the United States, State of California, County of Orange, and all
administrative regulations,rules,and policies adopted thereunder, as each and all may
now exist or be hereafter amended.
E. In the performance of this MOU, City may neither delegate its duties or obligations nor
assign its rights, eith in whole or in part,without the prior written consent of County.
Any attempted deletion or assignment without prior written consent shall be void. •
•
F. The various headings, numbers, and organization herein are for the purpose of •
convenience only and shall not limit or otherwise affect the meaning of this MOU.
%.
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WHEREFORE, the Parties hereto have executed the MOU in the County of Orange, California.
By: By:
Douglas Becht
County of Orange, County Executive Office City Manager
Office of Care Coordination City of Huntington Beach /
Dated: Dated:
•
Approved As To Form Approved As To F;drm
CEO Counsel Office of the City Attorney, City of
County of Orange, California Huntington Beach
By: By:
Deputy City Attorney I&,
Dated: Dated: •
Page 21 of 21
253
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