OPERATIONAL AGREEMENT
This Operational Agreement stands as evidence that the NORTH ORANGE COUNTY PUBLIC SAFETY COLLABORATIVE (herein, the COLLABORATIVE) consisting of the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Orange, Placentia, Stanton and Yorba Linda, intend to work together toward the mutual goal of providing maximum available assistance to support its regional communities using the COLLABORATIVE effort to reduce violence through prevention, intervention and suppression activitie\tthrough the use of evidence -based services.
The COLLABORATIVE believes that the formation of the North Orange County Public Safety Coordinating and Advisory Board (herein, the BOARD) and the implementation of the North Orange County Public Safety Collaborative Services (herein, the Services) (together, the "Project"), as described within this application, will . her this goal. Each city agency agrees to participate in the Project as outlined below. r
North Orange County Public Sa
Coordinating and Advisor
The cities of Anaheim, Brea, Buena Park, Cypres 'ullerton, La - a Palma, Orange, Placentia, Stanton and Yorba Linda will clo ly coordinate regiona - rvices and activities through the formation of the Board. The Boa members are r- 9 - entatives from the cities of Anaheim, Brea, Buena Par ess, Fullerto Habra, . .lma, Orange, Placentia, Stanton and Yorba Linda. The Ch e Board is the ief of Pole from the City of Brea, Chief Adam Hawley, who will facilitate the Board's efforts. In addition to the Chair, the adoption of a Vice -Chair will further facilitate and assist the Board Chair. The Vice -Chair of the Board is the Chief of Police from the of La Habra, Chief Adam Foster. The Board will ensure that the Project is responsive to community needs, pzi tize the use of funds, secure key agencies to support t efforts a tify way to obtain sustainability including the promotion of the and replic of the COL RA o • her regions throughout California.
The Boar' 's support of the efforts is . ensure that Services are readily available for resource provision through the evidence -based prevention support services such as OST (out of school time) character . I II eadershikdevelopment, education and career development, health and life skills, the arts, an. sorts, fitress and recreation through intervention support services such as homeless street outreach and intervention efforts through appropriate linkages to continuum of care, reentry supportive resources and case management services.
Monthly Board meetings will review fiscal and project reports. To serve the community as a safety net, regional efforts and its coordination to provide the community direct resources through the Services will also be monitored and modified as necessary. 55414.00700\34385945.2
North Orange County Public Safety Collaborative
Members
SECTION 1: Additional Members
Any North Orange County city organized and existing under the laws of the State of California or under a city charter adopted pursuant thereto, authorized by or pursuant to such laws or charter to engage in the purposes described in this Agreement ("Applying Agency"), may become a Member as described below:
1.1 Resolution of Application. The Applying Agency shall'lith the Coordinating & Advisory Board a certified copy of a resolution of its governing body whereby the Applying Agency: (a) agrees to the provisions of this Agreement; and (l4Fgues to become a Member.
1.2 Approval and Conditions of Approval. No such Applying Agency shall become a Member until: (a) its admission is approved at a regular or special meeting of the Coordinating & Advisory Board by a unanimous vote; and (b) exec of this Agreement by the authorized representative of the Applying Agency and ackn. ' ed by t Board Chair and Executive Director of the COLLABORATIVE.
1.3 Admission. Upon compltion of the foregoi
become a Member for all purposes unde -Agreement and
circulate to all Members an updated copy of this • reement wit Member.
Applying Agency shall
OLLABORATIVE shall
ature page of the new
SECTION 2: Suspension and ExcluX ► emb
Any Member that has breached tlkgreementi any way, may have its rights under this Agreement suspended and be excluded from partici g in the COLLABORATIVE (including, but not limited to, representation on the Coordinating& Advisory Board) following: (a) at least thirty (30) days' prior written notice from the COLLABORATIVE to the defaulting Member or of its brea and (b) if the defaulti _ Membe�lils to cure the breach within such time, a majorit ote of the Coordinating : .vissry Board at a special or regular meeting of the Board, whi take effect immediately. suspended and excluded Member shall continue to be liable for ligations undyr any se ► . rate agreement with the COLLABORATIVE and for any funds to the '.ber approved by the Coordinating & Advisory Board prior to such Member's suspension an. usion. Aw suspended and excluded Member may be reinstated by the Coordinating & ory Bird following cure of the breach and, if applicable, its share of any additional payments or advances approved by the Coordinating & Advisory Board during the Member's suspension and exclusion period. A suspended and excluded Member may withdraw from THE COLLABORATIVE pursuant to the provisions of this agreement.
SECTION 3: Termination; Withdrawal; Amendment.
3.1 Termination. This Agreement may be terminated by the mutual written consent of all Members. If at any time there are only two (2) Parties to this Agreement and one (1) Party intends to withdraw, the other Party's written consent to terminate this Agreement shall not be unreasonably conditioned or delayed. This Agreement and the COLLABORATIVE shall 55414.00700\34385945.2
continue to exist for the purpose of disposing of all claims, distribution of assets, and all other functions necessary to conclude the affairs of the COLLABORATIVE.
3.2 Withdrawal. Notwithstanding any other provision of this Agreement, any Member may withdraw from the COLLABORATIVE by adopting a resolution of the Member's advisory body and providing the COLLABORATIVE with written notice of its intent to withdraw at least six (6) months prior to the end a Fiscal Year. Such notice shall not become effective until the last day of Fiscal Year in which notice was given. A withdrawal from the COLLABORATIVE constitutes a withdrawal of that Member's representatives from the Coordinating & Advisory Board. If at any time there are only two (2) Parties to this Agreement, any desired withdrawal shall be subject to the termination provisions of this Agreement.
3.3 Effect of Withdrawal. The withdrawal of a Member shall not terminate its responsibility to contribute its share of any obligation incurred by the COLLABORATIVE or to perform any other obligation arising from a separate av .-m- or other legally binding obligation, including, but not limited to, amounts d ined b the Board for: (a) liabilities and claims accrued during the time the agency was a - r (incl 'ng any future obli ions arising from retirement benefits for past and existing • e s e COLLAB TIVE, if any); (b) contributions, payments or advances for budget. ,. enses for the Fiscal Year in which notice of intent to withdraw is given; and (c) other obligatio able from contributions, payments, or advances incurred, which obligation matures afte effective date of withdrawal provided to the Member by the COLLABORATIVE
Prior to the effective date of withdraw, the withdrawing ember shall have paid, or made arrangements satisfactory t the Board to pay, its share of such obligations. Except as the withdrawing Member may agree riting with'the Board, the withdrawing Member shall automatically relinquish all rights Member under this Agreement on the effective date of the withdrawal. Such relinquishment shall include, but ndtbe limited to, any right of the withdrawing Member to the assets of the COLLABORATIVE. The withdrawal of a Member shall not affect any obligations under any sepa to agreement between the withdrawing Member and the COLLABORATIVE.
141
3.4 Disbursement pon Termination. Upon termination of this Agreement and after payment of al liabilities, co expeles and charges validly incurred under this Agreement, all remaining as f the COL BORATIVE shall be disbursed among Members, including any Members whic iously drew from the COLLABORATIVE. All assets shall be divided among the Membe and fo er Members in accordance with and proportionate to their cash contributions (including payments for services received and property at market value when this Agreement and the CQLLABORATIVE shall continue to exist for the purpose of disposing of all claims, distribution of assets, and all other functions necessary to conclude the affairs of the COLLABORATIVE.
SECTION 4: Default; Enforcement
If default shall be made by any Member in any undertaking contained in this Agreement, such default shall not excuse such Member or any other Member from fulfilling its obligations under this Agreement and each Member shall continue to be liable for the payments and 55414.00700\34385945.2
advances hereof and the performance of all conditions herein contained. Each Member hereby declares that this agreement is entered into for the benefit of the COLLABORATIVE created hereby and each Member hereby grants to the COLLABORATIVE the right to enforce by whatever lawful means the COLLABORATIVE deems appropriate all of the obligations of each of the Members hereunder. Each and all of the remedies given to the COLLABORATIVE hereunder or by any law now or hereafter enacted are cumulative and the exercise of one right or remedy shall not impair the right of the COLLABORATIVE to any or all other remedies.
North Orange County Public Safety Collabor. 've
Programmatic Responsibilities and Fiscal Execuf ctor
The North Orange County Public Safety Collaborative Service Executive Director is Soo Elisabeth Kang (herein, the Execu report to the Board as to coordinating the administrative meet its goals and objectives of the Services in the re Management structure and decision-making proc
goals: Under the leadership of the Coordinating and A
evaluates emerging trends, early, middle and late evalua sets given policy direction, monitors the progress of the co partners, facilitates interagency/collaboration d troubleshoot Board's direction.
rogrammatic and Fiscal
Director) who will directly
rk and wraparound effort to
will support thL ctives and
the Executi erector
d outcomes of rendered services,
ity-based organization (CBO)
hile implementing the
The Executive Director shall file reports to the Board of State andCommunity Corrections fiscally and programmatically as required by the Board of State and Community Corrections.
Fiscal responsibilities include 1) Preparation which includes -all Project -related receipts for each reimbursable item with sufficient supporting documentation with labels on all documents for expenses eligible fdr reimbursement; 2) Invoice Li m Clarification which includes line items from the budget match worksheets, invoices emized receipts to substantiate charges for each line item; and 3 Assembl and submission of supporting documentation packet signed by the Boar. , authoriz esignat icer on the required face page.
Pro
timeline r
the report; 2
outcomes of th
3) Final Outcome
outcomes of the Servies' activities.
is responsibili 'nclude compiling and submitting Progress Reports due in the ted to captur the im mentation measures of the Services for the timeframe of 1 Evaluation Plan to collect and evaluate data to measure performance and ices' ac sties with any preliminary findings or evidence of Project impact; aluatialrReport to provide final findings of the measured performance and The Executive Director's responsibilities also include monthly intervention meetings with the community-based organizations and stakeholders to discuss strategies, timetables, implementation of services and support to reduce violence through prevention, intervention, and suppression activities.
55414.00700\34385945.2
North Orange County Public Safety Collaborative
Services
The regional collective impact of the COLLABORATIVE includes funded community-based partners.
Funded Services Partners: The funded Services community based organizations partners will provide the following direct resources: Out of school time (OST) violence, prevention and intervention activities and case management services; mentoring services; early violence prevention and intervention activities; homeless and reentry case management services; promotion of positive outcomes for all children and families by leveraging the COLLABORATIVE impact of partners and championing qualfamily support and strengthening practices; assessment, life skills, coping and c seling services; and programmatic evaluation and outcome reports. Law enfo e agencies within the COLLABORATIVE will provide dedicated officers t eet needs of the Services in the region working the COLLABORATIVE.
Period
Effective performance period is for: September 1, 2023 through June 30, 2026.
Financiarrangements
Board of State and Community Corrections un the Corre ons Planning and Grant Programs shall award the funds to the COLLABORATIVE for a total of $8,000,000 during the performance period. Funds are available for encumb . • e or expenditure until June 30, 2026.
The COLLABORATIVE agrees that the City of Br . shall serve as the designated fiscal agent (herein, the Fiscal Agent) on behalf of the CO : ORATIVE with authority to present claims to Board •f State and Community Corrections •n behalf of each of the funded cities and its comm
appr
facilitati
from each p
measurement
-based organizations for servis delivered by each. Disbursement of payment as will be made by the Fiscal Agent. The Fiscal Agent shall be responsible for ers meetings, collection documentation for invoices and outcome measurements and maintaining complete and accurate records of all financial and outcome Miscellaneous
Each party agrees to utually defend, indemnify, and hold harmless the other parties, their officials, officers, directors, agents, employees, and volunteers, from all claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, actual attorney's fees incurred by each party, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever, including, but not limited to, liability for bodily injury, sickness, disease or death, property damage (including loss of use) or violation of law, caused by or arising out of, or relating to any negligent act, error or omission, or willful misconduct of that party, its officials, officers, directors, agents, employees, and volunteers acting pursuant to its 55414.00700\34385945.2
control and performing under this Operational Agreement. To the extent that more than one party is determined to have been negligent or at fault, the parties agree that each party shall bear its own portion or percentage of liability and to indemnify and hold harmless the other parties for that share.
This Operational Agreement may be executed and delivered in any number of counter parts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile or electronic signatures will be permitted.
The laws of the State of California and applicable local and federal lave' ` 'dations, and guidelines shall govern this Operational Agreement.
Should litigation arise out of this Operational Agreement or the performance thereof, each party shall be responsible for its own costs and expenses, inclu ing attorney's fees.
Any party may withdrawal from this Operational Agreement without cause upon thirty (30) days' written notice to the other parties. Upon theffective date of the withdrawal, the " withdrawing party shall have no right or claim to any ional sums from the Boord of State and Community Corrections under the Corrections Pla nd Grant Programs, as contemplated by this Operational Agreelent.
Authorized Representat
We, the undersigned, as
Cypress, Fullerton, L
approve this doc
[SIGNATURES
LA RATIVE
representati - s of the cit. of Anaheim, Brea, Buena Park, a, Orange, lacentia, Stanton, and Yorba Linda, do hereby 55414.00700\34385945.2