Dept. ID PD- 18- 003 Page 1 of 2
Meeting Date 4/ 16/ 2018
IP10
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 4/ 16/ 2018
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Robert Handy, Chief of Police
SUBJECT: Approve and authorize execution of a Memorandum of Understanding ( MOU) between the City of Huntington Beach and Huntington Beach Police and Communitv Foundation ( HBPCF)
Statement of Issue:
In 2015, the Huntington Beach Police and Community Foundation ( HBPCF) was formed as an independent 501. c.( 3) corporation to foster support for the Huntington Beach Police Department HBPD), the employees of the HBPD, and the Huntington Beach community. As the purpose of the HBPCF is to support the police department and its mission, the attached operating agreement defines roles and responsibilities.
Financial Impact:
There is no direct financial impact to the City.
Recommended Action:
Approve and authorize the City Manager to execute the five- year " Memorandum of Understanding" between the City of Huntington Beach and Huntington Beach Police and Community Foundation HBPCF).
Alternative Action( s):
Do not approve and direct staff accordingly.
Analysis:
In 2015, the HBPCF was created as an independent nonprofit to support the police department, police employees, and the mission of the police department in the community. The HBPCF was created after unsuccessful attempts to fund several activities such as an awards ceremony to honor employees and youth programs targeting at -risk children in Huntington Beach. The HBPCF raises money through corporate and individual donations to directly support the HBPD, HBPD employees, and programs in the community that help foster a safer Huntington Beach. The HBPCF is managed by a Board of Directors representing the greater Huntington Beach community. The HBPCF Board is governed by Articles of Incorporation and Bylaws which are registered with the State of California.
By approving the agreement, the City agrees to allow for minimal staff or resources not to exceed the benefit being provided to the Police Department by the HBPCF. The HBPCF agrees to maintain ex- officio board positions for the Police Chief and City Attorney, as well as other procedures, to ensure the City' s interests are maintained.
Item 5. - 1 HB - 126-
Dept. ID PD- 18- 003 Page 2 of 2
Meeting Date: 4/ 16/ 2018
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and maintain public safety
Attachment( s):
1) Memorandum of Understanding
HB - 127- Item 5. - 2
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (" MOU") is made and entered, as of April 16, 2018, by and between HUNTINGTON BEACH POLICE AND COMMUNITY FOUNDATION (" HBPCF"), a California nonprofit corporation and the CITY OF HUNTINGTON BEACH, a municipal corporation, (" City")
RECITALS
WHEREAS, HBPCF was incorporated for the purpose of assisting andpromoting public safety in the City; and
Public safetyin theCity canbeexpandedwith theassistanceof privateindividualsand organizations; and
City andHBPCFdesireto memorializethetermsandconditionswherebyHBPCF proposesto provide minimal or limited resourcesto enhancethe City' s public safety services; and
HBPCFis a duly incorporatedCalifornianonprofitcorporationauthorizedby law to provide the servicescontemplated by this MOU,
NOW, THEREFORE, in consideration of the mutual terms and conditions in the MOU, City and HBPCF do hereby agreeto the following:
1. TERM.
The term of this MOU shall commence on April 17, 2018 ( the " Commencement Date") andshallremainin effectunlessanduntil terminatedpursuantto theapplicabletermshereof. This MOU shallautomaticallyterminatefive (5) yearsfrom theCommencementdate, unlessextended or soonerterminated asprovided herein.
HBPCF' S RESPONSIBILITIES.
HBPCF shall solicit, receive, distribute and administer funds, donations or resources and grantsof materials, servicesandfunds, or assistin sucheffortsasdirectedby theCity andwith the prior approval of the HBPCF Board of Directors and the City Manager.
HBPCF will not solicit, receive, accept, or distribute any donations or grants in the name of theCity and/or thePoliceDepartment, includingutilizing official City or Departmentallogos or images.
HBPCF shall administer funds provided to the HBPCF in accord with the grantee's intended future use, including enhancementof Police, Youth Programs, and Crime Prevention services.
CITY' S RESPONSIBILITIES.
A. City at its sole discretion will provide limited City staff support to assist HBPCF in administering programs, including the temporary and occasional use of City office space, materials, equipment, postage and mail handling services. Use of City resourcesis on a limited basis and only to the extent that the resourcesare available. The City Manager shall determine the level of City resourcesto be allocated/utilized to the HBPCF.
B. City shall have no duty or obligation of any kind to HBPCF, to HBPCF' s employees, officers, agents, vendors or subcontractors, to provide compensation or funds resulting from or arising out of this MOU.
4. CONFLICT OF INTEREST.
HBPCF and its agentsand employeesshall comply with all applicable Federal, State, and City lawsandregulationsgoverningconflict of interest. HBPCFwill makeavailableto its agents and employees copies of all applicable Federal, State, and City laws and regulations governingfinancialdisclosureandconflict of interest. HBPCFdoesnot andwill notperform servicesfor any other entity which would createa conflict, whether monetary or otherwise.
5. RECORDS AND AUDIT.
A. HBPCF shall keep in accordancewith generally acceptedaccounting principlesa full andcompleterecordof all transactionsin booksof account and/or other records reflecting all transactions relating to the funds generatedor transferred pursuant to this MOU.
2 B. City shallhavetheright at all reasonabletimesduringthetermof this MOU and for a period of five ( 5) yearsafter termination or expiration to examine, audit, inspect, review, extract information from, and copy all books, records, accounts, and other documents of HBPCF relating to the fundsgeneratedortransferredpursuantto this MOU. HBPCFshallmake suchbooks and records available for inspection by the City during regular businesshours and HBPCF shall cooperatefully with the City and its representatives in any audit.
6. TERMINATION.
TheCity or HBPCFmayterminatethis MOU for anyreasonuponthirty (30) days' written notice. All operations under this MOU shall cease on and after the thirtieth ( 30th) day following written noticeof termination, andCity's obligationsunderthis MOU shallceaseon that date.
In theeventthattheCity determinesthatthepoliciesorprogramsof HBPCFconflict with thepurposesof this MOU, City mayimmediatelyterminatethis MOU, andHBPCFshallbe entitled to no further servicesfrom City.
PROGRAM ADMINISTRATION.
ThisMOU will beadministeredby the HBPCFBoardof DirectorsandtheCity Manager in consultation with the Police Department. HBPCF shall provide a representativeto be availableto City for consultationandassistanceduringthetermof this MOU.
8. ASSIGNMENT.
This MOU, or anyprovisionhereofor anyright or obligationarisinghereunder, is not assignableby eitherpartyin wholeor in part, withouttheexpresswrittenconsentof theother party.
9. NONDISCRIMINATION AND CIVIL RIGHTS COMPLIANCE.
A. HBPCFherebycertifiesandagreesthatit will complywith theTitle VI of the Civil Rights Act of 1975, Title IX of the Education Amendments of 1972, where applicable, and Title 43, Part 17 of the Code of Federal Regulations, Subparts A and B, to the end that no persons shall, on the groundof race, creed, color, nationalorigin, political affiliation, marital status, sex, age or handicap, be subjected to discrimination under the privileges and usegranted by this MOU or under any project, program or activity supportedby this MOU.
B. HBPCF certifies and agrees that all persons employed thereby, are and shall be treated equally without regard to or becauseof race, creed, color, national origin, political affiliation, marital status, sex, ageor handicap and in compliance with all federal and state laws prohibiting discrimination in employment, including, but not limited to, the Federal Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; and the State Fair Employment Practices Act.
C. HBPCF certifies and agrees that subcontractors, bidders and vendors thereof are and shall be selected without regard to or because of race, creed, color, national origin, political affiliation, marital status, sex, sexual orientation, age or handicap.
D. All employment records shall be open for inspection at any reasonable time during the term of this MOU for the purposeof verifying the practice of nondiscriminationby HBPCFin theareasheretoforedescribed.
F. If City finds that any of the aboveprovisions have beenviolated, the same shall constitute a material breach of this MOU and the City may immediately terminate, or suspend this MOU.
10. POLITICAL ACTIVITIES.
Nothingcontemplatedin this MOU shallbefor thepurposeof promotinganypolitical activities.
11. COMPLIANCE WITH LAWS.
HBPCF and City agreeto be bound by all applicable Federal, Stateand City laws, ordinance, and directives insofar asthey pertain to the performance of this MOU.
12. GOVERNING LAW.
This MOU shall be construed in accordancewith the governedby the laws of the Stateof California.
11 13. SEVERABILITY.
The invalidity in whole or in part of any provision of this MOU shall not void or affect the validity of any other provision.
14. NOTICE.
Any notice or notices required or permitted to be given pursuant to this MOU may be personally servedon the other party by the party giving suchnotice, or may be servedby certified mail, postageprepaid, return receipt requested.
All notices to City shall be sent addressed to the following:
Chief of Police
Huntington Beach Police Department
2000 Main St., PO Box 70
Huntington Beach, California 92648
All notices to HBPCF shall be sent addressed to the following:
President of the Board
P. O. Box 4538
Huntington Beach, California 92648
15. MISCELLANEOUS.
A. This MOU shall not be amendednor any provision or default waived except in writing signed by the parties.
B. This MOU constitutesthe entire understandingbetweenparties and supersedes all other MOUs, oral or written, with respect to the subject matter herein.
C. This MOU is not intended to and shall not be construed to create a principal -agentrelationship betweenthe City and HBPCF and HBPCF shall not hold itself out as an agent of the City or its Police Department.
This MOU is not intended to and shall not be construed to create a partnership, joint venture or any other relationship betweenthe parties.
SIGNATURES ON FOLLOWING PAGE)
5 IN WITNESS WHEREOF, HBPCF hereto have causedthesepresentsto be duly executedwith all the formalities required by law on the respectivedatessetforth opposite their signatures.
Huntington Beach Police and Community
Foundati
12018 By
Name
Title President of the oard
4— Af , 2018 B —
N l E12% d
Title Secretary
Foundation": " City"
SIGNATURES CONTINUED)
2018 CITY OF HUNTINGTON BEACH,
a municip c rp ation
By
it anager
This MOU is approved as to form on
2018.
EL E. GATES, City Attorney
Co
City of Huntington Beach
2000 Main Street Huntington Beach, CA 92648
714) 536- 5227 www. huntingtonbeachca. gov
Office of the City Clerk
Robin Estanislau, City Clerk
April 18, 2018
President of the Board
Huntington Beach Police and Community Foundation
P. O. Box 4538
Huntington Beach, California 92648
Dear Mr./ Ms. President:
Enclosed is a fully executed copy of the " Memorandum of Understanding Between the Huntington Beach Police and Community Foundation and the City of Huntington Beach." Sincerely,
Robin Estanislau, CIVIC
City Clerk
RE: ds
Enclosure
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