APPje01/&D 3- D
2000 Main Street,
Huntington Beach, CA
92648
City of Huntington Beach
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File #: 22- 217 MEETING DATE: 5/ 17/ 2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Sean Joyce, Interim City Manager
VIA: Chris Slama, Director of Community & Library Services PREPARED BY: Ashley Wysocki, Deputy Director of Community & Library Services Subiect:
Approve and authorize execution of a Memorandum of Understanding ( MOU) between the City of Huntington Beach and the Huntington Beach Central Park Conservancy, Inc. ( HBCPC) Statement of Issue:
City staff, together with the Huntington Beach Central Park Conservancy, Inc. ( HBCPC), have been working to enhance and preserve Huntington Central Park ( HCP) as a vital urban green space and as a cultural and recreational resource that enhances the quality of life for residents and visitors of the City. There is a need to memorialize the relationship with HBCPC through a Memorandum of Understanding ( MOU).
Financial Impact:
Not applicable. An account has been established within the City' s Master Chart of Accounts for receipt of future monetary donations from the HBCPC.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the " Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Central Park Conservancy, Inc." Alternative Action( s):
Do not approve the recommended action, and direct staff accordingly.
Analysis:
HCP is the largest park in Huntington Beach, covering over 350 acres. HCP offers a variety of amenities, activities and events year- round for all ages, and is a popular location for leisurely community uses such as picnics, biking, and passive enjoyment of green space.
The collaboration between the City and HBCPC has been created for the purpose of supporting advocacy, preservation, and enhancement of HCP. HBCPC has been instrumental in enabling the City of Huntington Beach Page 1 of 2 Printed on 5/ 11/ 2022 226 powered by Legistar-
File #: 22- 217 MEETING DATE: 5/ 17/ 2022
establishment of an ongoing funding effort associated with a Park Ranger program specific to HCP.
To date, HBCPC has raised $ 70, 000 to support the new HCP Park Ranger program. Thanks to HBCPC' s efforts, the City has executed a contract with Lyons Security Service, Inc. ( Lyons) to patrol all areas within HCP eight hours per day, seven days per week throughout the year. With an emphasis on fostering a welcoming environment at HCP, ranger services will enhance monitoring and oversight of the park to promote general safety and enjoyable visitations for the community.
Since the Park Ranger program inception in April 2022, Lyons has completed a familiarization period, and the ranger' s presence has been well received by the community. The Park Ranger will continue to build relationships with HCP visitors, serving as a liaison to help provide directions to various amenities, and ensure park goers are abiding by park rules. Based on daily reports, the most common contacts with the public include education regarding dogs off leash, use of tobacco and alcohol in parks and conducting general welfare checks.
Given HBCPC' s ongoing support of the Park Ranger program and desire to contribute financially to future HCP programs and projects, staff and HBCPC wish to memorialize the HBCPC mission to improve the quality of open space for the enjoyment of our residents and visitors and to be a Welcome Mat Promoting Outdoor Recreation." The proposed MOU has a five- year term with the option to renew for an additional five- year term. In general, the proposed MOU provides the HBCPC with access to City facilities for meetings and fundraising events, as well as donor and sponsorship recognition programs. HBCPC will be required to maintain a 501( c)3 non- profit status and will remain HCP' s primary fundraising agent. The City Attorney has waived the City' s standard insurance requirements given that the services contemplated in the MOU are limited to fundraising efforts of HBCPC. However, certain events coordinated by HBCPC on City property may subsequently require general liability insurance coverage on a case by case basis. Upon mutual agreement, HBCPC may conduct certain operations, fundraising and/ or capital campaigns during the term of the MOU.
HBCPC will be responsible for managing all of the funds raised as a result of their efforts, and upon mutual agreement, will donate funds to the City to support HCP programs, such as the Park Ranger program and a range of capital improvement projects. Additionally, HBCPC will provide volunteer support and community outreach to cultivate advocacy and partnerships for HCP.
The City will maintain complete authority to make all decisions regarding HCP operations and projects, including but not limited to maintenance, repair, programming, infrastructure equipment and signage.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Community Engagement
Attachment( s):
1) Memorandum of Understanding between the City of Huntington Beach and Huntington Beach Central Park Conservancy, Inc.
City of Huntington Beach Page 2 of 2 Printed on 5/ 11/ 2022 227 powered by LegistarTM
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH
CENTRAL PARK CONSERVANCY, INC.
This Memorandum of Understanding (" MOU"), dated this / day of A 2022, is between the City of Huntington Beach (" City") and the Huntington Beach Central Park Conservancy, Inc. (" HBCPC") ( collectively, " the Parties").
WHEREAS, HBCPCis acharitablenon-profit organizationdedicatedto enhancingand preserving Huntington Beach Central Park ( the " Park") asa vital urban green spaceand as a cultural and recreational resourcethat enhancesthe quality of life for residentsand guests of the City; and
WHEREAS, in part, HBCPCwishesto provideadonationto supportaHuntingtonBeach Central Park, Park Ranger Program; and
WHEREAS, partof HBCPC'smissionistoimprovethequalityof openspacein theCity of Huntington Beach for the enjoyment of its residentsand guestsand to be a" Welcome Mat Promoting Outdoor Recreation;" and
WHEREAS, theCity andHBCPChavecreateda cooperativeandcollaborative relationshiptohelppreserve, restore, develop, enhance, rehabilitate, operateandmaintain Huntington Central Park; and
WHEREAS, theCity andHBCPCwishto enterinto this MOU to moreformally recount thepartnershipandobligationsofthepartieswithregardtoHuntingtonBeachCentral Park; and
NOW, THEREFORE, for and in consideration of the promisesand covenantshereinafter contained, the parties agreeas follows:
SECTION 1. TERM
This MOU will becomeeffective on the date it is approvedby City Council and shall terminatefive (5) yearsthereafter, unlessterminatedasprovidedherein, andexceptwith respecttoanyobligationshereunderwhicharetobeperformedthereafter. Uponmutual writtenconsentoftheparties, thisMOUAgreementmaybeextendedforadditionalfive 5) yearterms. ThisMOUmaybeterminatedbyeitherpartywithorwithoutcauseupon sixty (60) day written notice.
SECTION 2. OBLIGATIONS OF CITY
1. TheCityhascompleteauthoritytomakealldecisionsregardingthePark operations, or ParkProjectsincludingbut notlimited to maintenance, repair, programing, infrastructure, landscaping, amenities, utilities, andequipment, includingsignage. TheCity'sauthorityovertheParkextendstoprojectsfundedby HBCPC. At its solediscretion, theCitywill workwithHBCPCwithregardtoPark operationsor projects funded by HBCPC.
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2. Maintain a separateaccountto receive donations madeby HBCPC for useto support the Park programs such asPark Rangers.
3. Provide a non-voting staff liaison to the HBCPC, to be presentat regularly scheduled, agendized HBCPC meetings.
4. At theCity' ssolediscretion, providestaff assistanceandlogisticalsupport, for HBCPC fundraising programs.
5. TheCity will providemeetingroomsandparkspace (asavailable) for HBCPCuse without charge, for HBCPCpurposesonly, andsubjectto theCity' s calendarof activities and approval.
SECTION 3. OBLIGATIONS OF HBCPC
1. Maintain statusasa 501(c) 3 Charitable Organization and acceptpublic and private donations and grants intended for the Park.
2. HBCPCmayconductcertainfundraisingactivitiesor campaigns, capitalor otherwise to raise money to support the Park. Upon mutual agreementof both parties, donationsto HBCPCwill begiven/donatedto theCity andplacesin a separateaccount for useto support the Park programs, suchasthe park ranger program, andcapitalimprovementprojects.
3. Manage and oversee all monies raised and funds received through the HBCPC' s 501( c)3 charitable organization status, including but not limited to, sales, proceeds, donations, grants, auxiliarymembershipsand/or gifts.
4. Provide volunteer support and community outreachfor the Park.
5. Cultivatepartnershipsandcollaborationwith thecommunityin supportof thePark, through other likeminded groups or organizations.
6. HBCPCmayoperatedonorandsponsorrecognitionprogramsin theParkin an effort to encourage donors and sponsors for the Park' s continued care, maintenance, operationandprogramming. Sucheffortsincludedonorrecognitionin connection with capital improvements. The method of donor recognition and recognition levels are upon mutual agreementof City and HBCPC.
SECTION 4. ACCESS TO CITY MARKS AND LOGOS
HBCPC shall have the right to usethe official Huntington Beach City logo, surfboard logo, andCITY's "SurfCityHuntingtonBeach" trademarkwiththepriorwrittenapprovalof CITY'SDirectorof CommunityandLibrary ServicesThesurfboardlogois notthe propertyof CITY. HBCPCwill useneitherlogofor commercialpurposes.
SECTION 5. HOLD HARMLESS
HBCPCandCITY shallprotect, defend, indemnifyandholdharmlesseachother, their officers, officials, employees, and agentsfrom and against any and all liability, loss, 2 22- 10984/ 279880
damage, expenses, costs (includingwithoutlimitation, costsandfeesof litigation of every nature) arisingoutof or in connectionwith performanceof this MOU or its failureto comply with any of their obligations containedin this MOU except such loss or damage which was causedby the sole negligence or willful misconduct of the other.
SECTION 6. ASSIGNING AS BREACH
Neither party shall encumber, assign, or otherwise transfer this MOU, or any right or interest in this MOU, without the expresswritten consentof the other party. A consentby partyto oneassignmentortransferto anotherpersonshallnot bedeemedto bea consentto any subsequentassignmentor transfer to anotherperson. Any encumbrance, assignmentor transfer, withouttheprior written consentof theotherparty, whetherit is voluntaryor involuntary, by operationof law or otherwise, is void andshall, at theoptionof theother party, terminate this MOU.
SECTION 7. CONFLICT OF INTEREST
HBCPCshallemployno CITY official or anyregularCITY employeein thework performedpursuantto this MOU. No officer or employeeof CITY shallhaveanyfinancial interest in this MOU in violation of the applicable provisions of the California Government Code.
SECTION 8. PHOTOGRAPHY
CITY maygrantpermitsto personsengagedin theproductionof still andmotionpictures, televisionprograms, advertisingandrelatedactivities, to takephotographsand/or motion picturesof HBCPCactivities. However, consistentwith goodsafetypractices, CITY will endeavorto give24-houradvancenotificationof suchactivitiesto HBCPC. In addition, if CITY receivescompensationfrom suchpersonsfor suchproduction, CITY will grant50% of such compensation to HBCPC for support of HBCPC' s activities as set forth under this MOU.
SECTION 9. NONDISCLOSURES/ PRESS RELEASES
HBCPC shall consult with CITY prior to issuing any pressreleasesor otherwise making anypublicstatementswithrespecttothisMOU, thetransactionscontemplatedherein, or matters arising here from.
SECTION 10. WAIVER OF BREACH
ThewaiverbyeitherHBCPCorCITYof anybreachbyHBCPCorCityof anyof the provisionsof thisMOU, irrespectiveof thelengthof timeforwhichsuchfailurecontinues, shallnot constitutea waiverof suchbreachor a waiverof anysubsequentbreachby the otherparty, eitherof the sameor anotherprovisionof this MOU.
SECTION 14. NOTICE
Anywrittennotice, givenunderthetermsofthisMOU, shallbeeitherdeliveredpersonally or mailed, certifiedmail, postageprepaid, addressedto thepartyconcerned, asfollows:
3 22- 10984/ 279880
CITY Huntington Beach Central Park
Conservancy, Inc.
Director of Community and Library
Services Attn: HBCPC President
City of Huntington Beach 708 Main Street
2000 Main Street, P. O. Box 190 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Phone: ( 714) 536- 5291
If apartydesirestochangetheaddressfornoticessetforthherein, saidpartyshallprovide 30daysadvancewritten noticeto theotherpartyof anysuchchange.
SECTION 11. ATTORNEY' S FEES
In theeventsuit is broughtby eitherpartyto enforcethetermsandprovisionsof this MOU orto securetheperformancehereof, eachpartyshallbearitsownattorney'sfees. The prevailingpartyshallnotbeentitledtorecoveritsattorney'sfeesfromthenon-prevailing party.
SECTION 12. SECTION TITLES
The section titles in this MOU are inserted only as a matter of convenience and for reference, andin no way define, limit or describethescopeof intentof this MOU or in any way affect this MOU.
SECTION 13. MODIFICATIONS IN WRITING
This MOU contains and embracesthe entire agreementbetweenthe parties hereto and neitherit noranypartof it maybechanged, altered, modified, limitedorextendedorallyor byanyotheragreementbetweenthepartiesunlesssuchagreementbeexpressedin writing, signedandacknowledgedby CITY andHBCPC, or their successorsin interest.
SECTION 14. PARTIAL INVALIDITY
ShouldanyprovisionofthisMOUbeheldbycourtof competentjurisdictionto beeither invalid, void, or unenforceable, the remaining provisions of this MOU shall remain in full forceandtheir effectunimpairedby theholding, solongasthereasonableexpectationsof the parties hereto are not materially impaired.
SECTION 15. MOU IN COUNTERPARTS
ThisMOUmaybeexecutedincounterparts, eachofwhichshallbedeemedanoriginal, but all of which taken together shall constitute one and the samedocument.
SECTION 16. ENTIRETY
Theforegoingsetsforth theentireagreementbetweentheparties. 4 22- 10984/ 279880
IN WITNESS WHEREOF, the partiesheretohavecausedthis MOU to beexecutedby and through their authorizedofficers the day, month andyear first abovewritten.
CENTRAL PARK CONSERVANCY, CITY OF HUNTINGTON BEACH, a INC. Municipal corporation of the State of
California
By:
Mayor
Print Na
APPROVED AS TO FORM:
Title
CityAttorney4.
ATTEST: INITIATED AND APPROVED:
City Clerk Director of Community & Library
Services
REVIEWED AND APPROVED:
City Manager
COUNTERPART
s
22- 10984/ 279880
INWITNESSWHEREOF,thepartiesheretohavecausedthisMOUtobeexecutedbyand throughtheir authorizedofficerstheday, monthandyearfirst abovewritten.
CENTRAL PARK CONSERVANCY, CITY OF HUNTINGTON BEACH, a INC. Municipal corporation of the State of
California
By:
Mayor
Print Name
APPROVED A FORM:
Title
tITIATED
y ttorney ktp
ATTEST:
Q
AND APPROVED:
7 City Clerk Director of Community & Library
Services
RE WED ND APPROVED:
City anager
COUNTERPART
5 22- 10984/ 279880
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
June 6, 2022
Huntington Beach Central Park Conservancy, Inc.
Attn: HBCPC President
708 Main Street
Huntington Beach, CA 92648
Dear Mr./ Ms. President:
Enclosed is a fully executed copy of the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Central Park Conservancy, Inc. approved by City Council on May 17, 2022.
Sincerely,
CIIII
Robin Estanislau, CIVIC
City Clerk
RE: ds
Enclosure
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