HomeMy WebLinkAboutFriends of the HB City Junior Guards - 2011-03-21 (2) 0NTiNG7p 2000 Main Street,
o, Tgt4^.eF Huntington Beach,CA
• 9n 92648
City of Huntington Beach
APPROVED 7-0
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ZbUNTY GPI
File #: 24-321 MEETING DATE: 5/7/2024
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Scott M. Haberle, Fire Chief
PREPARED BY: Kevin Justen, Senior Management Analyst
Subject:
Approve and authorize execution of the termination of City of Huntington Beach
Memorandum of Understanding between the City of Huntington Beach and Friends of the HB
Junior Guards
Statement of Issue:
The Friends of the HB City Junior Guards (FJG) and the City have enjoyed a long-term association,
first memorialized in a Memorandum of Understanding (MOU) in 2005. This has provided youth from
the City and the surrounding area the opportunity to learn ocean safety, lifesaving techniques, first
aid, marine ecology, fitness and other valuable skills. FJG also has responsibility for the purchase of
all clothing, uniforms and merchandise for the program. Participants purchase these supplies from
FJG. On April 9, 2024, the FJG met and voted to terminate the existing MOU with the City. They also
requested, in accordance with provisions in the MOU, that the City purchase all unsold supplies. At
this time, approval of the attached termination agreement ending the MOU is requested, along with
an allocation of$129,000 for the purchase of unsold FJG inventory.
Financial Impact:
The proposed action would have a net neutral impact because the requested allocation will be offset
by sales of Junior Lifeguard clothing, uniforms and merchandise.
Recommended Action:
A) Approve and authorize the Interim City Manager to execute Termination of City of Huntington
Beach Memorandum of Understanding with Friends of the HB Junior Guards (Att 1); and
B) Appropriate $129,000 to business unit 10065205 for the purchase of Junior Lifeguard Program
clothing, uniforms and merchandise from the Friends of the HB City Junior Guards.
Alternative Action(s):
Do not approve the termination agreement of the MOU or the allocation and direct staff accordingly.
City of Huntington Beach Page 1 of 2 Printed on 5/1/2024
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File #: 24-321 MEETING DATE: 5/7/2024
Analysis:
Since approval of an MOU in 2005, the FJG and the City have benefited a long-term association.
They are a tax-exempt, non-profit charitable corporation established to support and enhance the
Huntington Beach Junior Lifeguard Program. The FJG does this by providing funding for program
scholarships, equipment, training, and other resources that help promote ocean safety, physical
fitness and environmental stewardship among youth in the community. In 2021, the FJG amended
their MOU with the City to assume responsibility for the purchase of all program clothing, uniforms
and merchandise. These supplies are purchased by participants from FJG and the amended MOU
with this requirement is shown as Attachment 3.
The FJG voted to terminate the existing MOU with the City on April 9, 2024 and requested, in
accordance with Section 5 of the MOU, that the City purchase all unsold inventory. Their letter is
shown as Attachment 2.
At this time, approval of a termination agreement ending the MOU is requested. It is shown as
Attachment 1. An allocation of$129,000 for the purchase of unsold FJG inventory is also requested.
This funding will be provided to FJG as documentation of purchases is provided and inventory
transferred to the City. The Fire Chief, working with Finance Department staff, will review and
approve these transactions. Purchases will be offset by sale of merchandise through the City's
authorized vendor for Junior Lifeguard Program merchandise.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Non Applicable -Administrative Item
Attachment(s):
1. Termination of City of Huntington Beach Memorandum of Understanding with Friends of the
HB Junior Guards
2. Friends of HB Junior Guards Letter
3. First Amended and Restated Memorandum of Understanding Between the City of Huntington
Beach and the Friends of the HB City.Junior Guards
City of Huntington Beach Page 2 of 2 Printed on 5/1/2024
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TERMINATION OF CITY OF HUNTINGTON BEACH
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF HUNTINGTON BEACH AND FRIENDS OF THE
HB JUNIOR GUARDS
The CITY OF HUNTINGTON BEACH, a Charter City of the State of California
("CITY") and FRIENDS OF THE HB JUNIOR GUARDS ("FRIENDS"), a California non-
profit public benefit corporation("FJG") entered into a Memorandum of Understanding on
February 7, 2005 to provide the furniture, fixtures and equipment for the Marine Safety
Educational Center.
On March 1, 2011 CITY and FJG entered into a new Memorandum of Understanding for
FJG to provide the design and construction of the Junior Guard Storage Building adjacent to the
Educational Center.
The CITY is obligated to purchase any and all FJG's unsold inventory of new uniforms,
clothing and merchandise at FJG's original purchase price. Upon satisfactory receipt of invoices
and proof of payment from FJG and inventory count prepared and documented by CITY, both
approved and signed by the Fire Chief or designee,the CITY will reimburse FJG within fourteen
(14)business days for the amount equal to the unsold inventory.
Additionally, the City may purchase up to $15,000 of any additional new, unused
inventory for resale by the CITY upon providing satisfactory alternate supporting documentation
approved by both the Fire Chief and the Chief Financial Officer. CITY will provide payment to
FJG within fourteen(14) business days for the approved amounts.
Upon termination, FJG will no longer have access to or use of the Marine Safety
Education Center.
The.CITY OF HUNTINGTON BEACH and FRIENDS OF THE HB JUNIOR GUARD
hereby agree to terminate this Memorandum of Understanding.
IN WITNESS WHEREOF,the parties hereto have caused this MOU to be terminated as
of May 7, 2024.
24-14488/338031
FRIENDS OF THE HB JUNIOR GUARDS, a CITY 0 NTINGTON BEACH
California non-profit public benefit corporation
By: tQ.17 CO
Mayor --
pnnt e
ITS: (circle one) Chairma /President ice President q^/
AND City Clerk 0w
By:
r INITIATED AND APPROVED:
print name
ITS: (circle one) Oa Chief Financial
Officer/Asst. Secretary- reasurer
Fire Chief
REVIEWED A OVED: APPROVED TO FORM:
City Manager ity Attorney
24-14488/338031
o p94‘' Friends of HB City Junior Guards
1 , P.O.Box 5082
Huntington Beach,CA 92615
FriendsofHBJG@gmail.com
@FriendsofHBJG
April 15, 2024
To: Huntington Beach Fire Department
Scott M. Haberle, Fire Chief
2000 Main Street
Huntington Beach, CA 92648
Re: The First amended and restated Memorandum of Understanding
between The City of Huntington Beach and Friends of the H.B. City
Junior Guards. Approved by the Huntington Beach City Council on
March 15, 2021.
Friends of the H.B. City Junior Guards board met on April 9, 2024 and
voted unanimously to terminate the first amended and restated
Memorandum Of Understanding between the City of Huntington Beach
and Friends of the H.B. City Junior Guards, approved by the City Council,
here after referred to as the "MOU".
In accordance with page 4, section 5 as the subject MOU. Friends of the
H.B. City Junior Guards, here after referred to as "FGJ's" or"FJG" is here
by giving written notice to the CITY of Huntington Beach of the
termination of the subject MOU effective 6 months from the date of this
notification, or at an earlier date if agreed upon by both the CITY of
Huntington Beach and the FJG's. Also, under page 4 section 5 of the
MOU, the CITY will be obligated to purchase any and all of the FJG's
unsold inventory of new uniforms, clothing, and merchandise at FJG's
original purchase price. FIG will provide the CITY with a complete
inventory and invoices for the original purchase price of said items.
FIG'S will also provide the CITY with an invoice for reimbursement to
Friends of the H.B. City Junior Guards on or before May 1, 2024.
RespectfuC490,-/-1-cctdlly
David W. Simcox, resident
Friends of the H.B. City Junior Guards
213
Switzer, Donna
From: Justen, Kevin
Sent: Friday, May 10, 2024 12:47 PM
To: Switzer, Donna
Subject: Re:Termination of the FJG MOU
We will provide a copy to them. Thank you.
Kevin
On May 10, 2024, at 12:39 PM,Switzer, Donna<Donna.Switzer@surfcity-hb.org>wrote:
HI Kevin,
Attached for your records is a copy of the fully executed Termination of the COHB MOU between COHB
and Friends of the HB Junior Life Guards.
Will you be providing a copy of this to the FJG, or would you like me too?
Thank you.
Donna Switzer, CMC
Senior Deputy City Clerk
<image001.png> City of Huntington Beach,City Clerk's Office
Work (714)374-
1649
<5.7.24 Termination of FJG MOU.pdf>
1
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_ City of Huntington Beach
File #: 21-22C MEETING DATE: 3/15/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Scott M. Haberle, Fire Chief
Subject:
Approve and authorize execution of the First Amended and Restated Memorandum of
Understanding (MOU) Between the City of Huntington Beach and the Friends of the
Huntington Beach City Junior Guards (FJG)
Statement of Issue:
The Friends of the Huntington Beach City Junior Lifeguards (FJG) and the City have enjoyed a long-
term association, first memorialized in a Memorandum of Understanding (MOU) in 2005. This has
provided youth from the City and the surrounding area the opportunity to learn ocean safety,
lifesaving techniques, first aid, marine ecology, fitness, and other valuable skills. At this time, the City
and FJG wish to enter into a revised MOU to clarify their future respective obligations.
Financial Impact:
Not applicable
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the "First Amended and Restated
Memorandum of Understanding Between the City of Huntington Beach and the Friends of the
Huntington Beach City Junior Guards."
Alternative Action(s):
Do not approve the MOU and direct staff accordingly.
Analysis:
The FJG is a tax-exempt, non-profit charitable corporation established to support the City-sponsored
Junior Lifeguard Program. Their primary charitable purpose is to provide scholarships to the annual
Program, assistance to youth participating in the New Zealand Junior Lifeguard Exchange Program,
and financial support for Program objectives. The FJG raises funds through the sale of clothing and
merchandise, along with other fundraising events.
City of Huntington Beach Page 1 of 2 Printed on 3/10/2021
.,'p'!!. _e^513,
File #: 21-220 MEETING DATE: 3/15/2021
In February 2005, the FJG entered into an MOU with the City. Since then, the group has provided
substantial support for the Program. At this time, the City and FJG wish to enter into a revised MOU
(Attachment 1 ) to continue this relationship, and clarify the future responsibilities of both parties.
The revised MOU includes provisions that specify, beginning in summer 2021, rather than the City
providing Program participants with tee-shirts, board shorts, and backpacks, those who enroll in the
program will be able to purchase those supplies from the FJG. Further, the FJG will also be
authorized to sell clothing, towels, backpacks, tee-shirts, sweatshirts, board shorts, and other
merchandise bearing the Program logo.
This change will allow the City to forgo an increase in tuition for the 2021 season, and provide
returning families the ability to purchase new uniforms only when needed. This can be particularly
helpful for students who have uniforms in good condition from past seasons, or for families with more
than one participant in the Program.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1 . First Amended and Restated Memorandum of Understanding Between the City of Huntington
Beach and the Friends of the Huntington Beach City Junior Guards
City of Huntington Beach Page 2 of 2 Printed on 311012021
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FIRST AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING
BETWEEN THE: CITY OF HUNTINGTON BEACH AND FRIENDS OF THE 1113
CITY JUNIOR GUARDS
THIS FIRST AMENDED AND RESTATED MEMORANDUM OF
UNDERSTANDING ("MOU") is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a Charter Cite of the State of California ('`CITY") and
FRIENDS OF THE FIB CITY JUNIOR GUARDS, a California non-profit public benefit
corporation ("FJG").
WHEREAS, FJG was organized as an Intemal Revenue Code Section 501(c)(3)
charitable corporation for the sole purpose of supporting the Huntington Beach Junior
Lifeguard Program, a summer youth program operated by the CITY for the benefit of the
youth of 1-luntington Beach and surrounding communities designed to provide participants
with the opportunity to learn ocean safety, Burt' lifesaving techniques, first aid, marine
ecology, and oceanography in a context that is both physical and disciplined, fostering
self-confidence and respect for others (the "PROGRAM"): and
Although the Cahfornia Franchise Tax Board suspended FJG for failure to file tax
returns. FJG recently filed it delinquent returns. and now is a corporation in good standing;
and
On or about February 7. 2005, CITY and FJG entered into a "Memorandum of
Understandin_ Between the City of Huntington Beach and Friends of the Junior
Lifeguards" (`'-005 MOU"), pursuant to which the F.IG provided the furniture, fixtures and
equipment for the newly constructed Marine Safety Educational Center (`Educational
Center'), the Home of the PROGRAM; and
On March 21. 2011. CITY and FJG entered into a new Memorandum of
Understanding (the "2011 MOU") pursuant to which FJG funded the design and
construction of the Junior Guard Storage Building ('Storage Building') adjacent to the
Educational Center. The 2011 MOU further provided that FJG may use the Educational
Center for its Board meetings and other activities for the benefit of the PROGRAM,
subject to the approval of the City Fire Chief'. The 2011 MOU expires on March 20, 2026;
and
llie proceeds of' FJG's fundraising activitics serve multiple PROGRAM purposes,
including but not limited to funding scholarships for youths to attend the PROGRAM, and
offering financial assistance to youths attending the New Zealand exchange program every
three years, or according to intervals as the Fire Chief establishes in writing; and
The Logo of the PROGRAM is the phrase "Huntington Beach Jr Lifeguard"
circling a United States Shield (the "LOGO"). CITY owns the trademark to the LOGO:
and
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20-9219RA I91361T
All youths enrolled in the PROGRAM ("Participants') are required to wear tee-
shirts, and board shorts bearing the LOGO. Currently. CITY provides each Participant, as
part of the PROGRAM enrollment lee, two shirts, men's or women's board shorts, and a
backpack, all bearing the LOGO; and
Pursuant to the terms of this MOU, beginning Summer 2021, CITY will no longer
provide Participants with shirts, board shorts, and backpacks as part of the PROGRAM
enrollment fee. Instead, CITY will only require that Participants wear either new or used
tee-shirts. and board shorts bearing the LOGO: and
Pursuant to the terms of this N1OU, beginning Summer 2021. FJG shall sell all
clothing. towels and other merchandise bearing the LOGO, including but not limited to
men's and women's board shorts, backpacks, tee-shirts, sweatshirts. stickers, dog tags,
license plate frames, and towels. FJG shall also retain an artist to prepare yearly novel
beach-related art work to appear on clothing and merchandise; and
FJG and CITY desire to enter into this First Amended and Restated Memorandum
of' Understanding (`AMENDED MOU) to clarify the (inure respective obligations of the
CITY and FJG.
NOW, Ti-IERLFORL, for and in consideration of the promises and covenants
hereinafter contained and intending to be legally bound, the parties covenant and agree as
follows:
I. OBLIGATIONS OF PJG
A. At all times, FJG shall operate as a volunteer operated entity, with no
employees. As necessary, FJG may retain and pay independent contractors, including
accountants and bookkeepers. to accomplish its objectives.
B. FJG agrees to continue its operations as a tax-exempt, non-protit charitable
corporation pursuant to IRC 501(c)(3).
C. FJG shall organize and participate in fundraising activities for the benefit
ofthe PROGRAM.
2. SALL OF LOGO AND PROGRAM RELATED MERCHANDISE
A. Effective upon the execution of this Amended MOU by FJG and its
approval by the City Council, FJG shall assume the obligation to manufacture, procure and
sell all clothing, towels and other merchandise bearing the LOGO, including but not
limited to men's and women's board shorts, backpacks, tee-shirts, sweatshirts, stickers,
dog tags, license plate frames, and towels. FJG may sell additional merchandise bearing
the LOGO with the approval of the Fire Chief, or his or her designee.
20-92 1 9/14 19 1 31SH
B. FJG shall use its own funds to purchase the PROGRAM related clothing
and merchandise it sells.
C. FJG shall retain an artist to prepare yearly novel beach-related art work to
appear on clothing and merchandise. FJG shall sell such clothing and merchandise to the
general public.
D. FJG shall only sell tee-shirts, and men's and women's board shorts bearing
the LOGO to persons the CITY has certified are Participants in the PROGRAM.
L. FJG shall sell all clothing and merchandise exclusively through its
electronic portal, and receive payment via credit or debit card. FJG shall not accept cash
payment, except that currency purchases may be permitted according to written procedures
approved by the City Chief Finance Officer or his or her designee. Delivery will be by
mail. at PROGRAM enrollment, at the beach, and at other events related to the
PROGRAM.
F. FJG shall sell required clothing for the PROGRAM at its cost, Plus Two
Dollars, or at a higher mark-LIP as approved by the Fire Chief.
G. FJG shall be responsible for collecting and paying all sales tax on
merchandise sales.
3. USE OP THE PROCEEDS FROM MERCHANDISL SALES AND FUND
RAISING
A. the primary charitable purpose for the funds FJG obtains through the sale
of clothing and merchandise and its other fund-raising events is to provide scholarships to
the annual PROGRAM, assistance to youth participating in the New Zealand Junior
Lifeguard Exchange Program, and providing financial support to the objectives of' the
PROGRAM.
13. RIG shall provide its Annual Financial Statement and "fax Return to the
City Fire Chief each year, by no later than April 15.
C. Beginning March 1, 2021, and each year thereafter, the President of FJG
shall provide the Fire Chief a budget providing the estimated charitable proceeds
anticipated to be available for expenditure during the calendar year, along with the
charitable amounts anticipated to be used for Participant and New Zealand scholarships, as
well as other expenditures for the benefit of the PROGRAM.
D. Prior to April l each year, the Fire Chief shall provide the Board of'
Directors of FJG with the Citv's recommended budget for the expenditure of FJG's
charitable funds.
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20-9219f24191361T
E. The Board of Directors of FJG shall consider the Citv's recommended
budget; but retains its own discretion to adopt its own budget for expenditure of FJL
charitable funds.
a. USE OF MARINE EDUCATIONAL. CENTER AND STORAGE
BUILDING
CITY agrees for the term of this Amended MOU that:
a. FJG may use the Educational Center for its monthly board meetings and
such other uses as deemed appropriate by CITY's Fire Chief or his or her designee.
b. The furniture. fixtures and equipment FJG donated to CITY pursuant to the
2005 MOU shall continue to be used at the Educational Center for PROGRAM
related purposes for the term of this Amended MOU.
c. CITY shall use the Storage Building exclusively for storage of PROGRAM
related equipment.
d. CITY grants 17JG no title or interest of any kind to the Educational Center,
Storage Building or the furnishing thereof, and F.IG disclaims anv interest in the
same. FJG's ri,ht under this Amended MOU to use the Educational Center or
Storage Center is non-exclusive.
5. TERM
This Amended MOU will become effective on the date it is approved by the City
Council of the CITY and shall terminate August 31, 2026. Upon mutual written consent
of the parties, this AMENDED MOU may be extended for one additional ten (10) year
term. Either party may terminate this MOU upon six (6) months advance written notice to
the other party, provided that: (1) no early termination of this Agreement shall relieve
CITY of its obligation to use the STORAGE BUILDING exclusively for storage of
PROGRAM related equipment through August 31, 2026; and (2) City will be obligated to
purchase any and all of FJG's unsold inventory of new uniforms, clothing and merchandise
at FJG's original purchase price. FJG's equitable interest in the CENTER and STORAGE
BUILDING shall terminate at the end of the term of this Amended MOU.
6. 1-I01-D HARMLESS
FJG shall protect, defend, indemnify and hold harmless CITY. its officers, officials,
employees, and agents from and against any and all liability, loss, damage, expenses, costs
(including without limitation, costs and fees of litigation of every nature) arising out of or
in connection with performance of this MOU or its failure to comply with any of its
obligations contained in this MOU except such loss or damage which was caused by the
sole negligence or willful misconduct of City.
4
20-9219r)419131SFF
7. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1861. I-JG acknowledges awareness of
Section 3700 el seq. of said Code, which requires every employer to be insured against
liability for workers' compensation. FJG covenants that it will comply with such
provisions prior to commencing performance of the work hereunder.
If- FJG is required by California law to maintain workers' compensation insurance.
PJG shall maintain workers' compensation insurance in an amount of not less than One
Hundred "thousand Dollars (5100,000) bodily injury by accident, each occurrence. One
Hundred Thousand Dollars (SI00,000) bodily injury by disease, each employee, "two
Hundred Fifty Thousand Dollars (5250,000) bodily injury by disease, policy limit.
I`JG shall require all subcontractors to provide workers' compensation insurance
for all of the subcontractors' employees. I-JG shall furnish to Cite a certificate of waiver
of-subrogation under the ternts of the workers' compensation insurance.
S. GENERAL LIABILITY INSURANCE
In addition to the workers' compensation insurance and FJG's covenant to
indemnify City. FJG shall obtain and furnish to City, a policy of- general public liability
insurance, including motor vehicle coverage. Said policy shall indemnify RIG, its officers,
agents and employees, while acting within the scope of their duties, against any and all
claims arising out of or in connection with this Agreement, and shall provide coverage in
not less than the following amount: combined single limit bodily injury and property
damage, including products/completed operations liability and blanket contractual liability,
of $1,000,000 per occurrence. If- coverage is provided under a form which includes a
designated general aggregate limit, the aggregate limit must be no less than $1.000,000.
Said policy shall name City, its agents, its officers, employees and volunteers as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
applicable shall be deemed excess coverage and that FJG's insurance shall be primary.
Under no circumstances shall the above-mentioned insurance contain a sell' insured
retention, or a '`deductible' or anv other similar form of limitation on the required
coverage.
9. ASSIGNING AS BREACH
Neither Party shall encumber, assign, or otherwise transfer this Amended iV1OU, or
any right or interest in this Amended MOU, without the express written consent of the
other party. A consent by a party to one assignment or transfer to another person shall not
be deemed to be a consent to any subsequent assignment or transfer to another person. Any
encumbrance, assignment or transfer. without the prior written consent of the other party.
whether it be voluntary or involuntary, by operation of law or otherwise. is void and shall,
at the option of the other party, terminate this Amended MOU.
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20-9219r41913/SIT
10. CONFLICT OF INTEREST
FJG shall employ no CITY official nor any regular CITY employee in the
work perfonmed pursuant to this Amended NIOU. No officer or employee of CITY shall
have any financial interest in this MOU in violation of the applicable provisions of the
California Government Code.
11. PHOTOGRAPHY
CITY may grant permits to persons engaged in the production of still and motion
pictures, television programs, advertising and related activities. to take photographs and/or
motion pictures of the PROGRAM.
12. CUMULATIVE. REMEDIES
The remedies given to the parties in this Amended MOU shall not be exclusive but
shall be cumulative and in addition to all remedies now or hereafter allowed by law or
elsewhere provided in this MOU.
13. WAIVLR OF BREACH
The waiver by CITY of any breach by I-JG of any of the provisions of this
Amended MOU, irrespective of the length of' time for which such failure continues. shall
not constitute a waiver of such breach or a waiver of any subsequent breach by FJG either
of the same or another provision of this Amended MOU.
14. FORC1- MAJEURE - UNAVOIDABLE DELAYS
Should the performance of any act required by this Amended MOU to be
performed by either CITY or I-JG be prevented or delayed by reason of an act of God.
strike. lockout, labor troubles, inability to secure materials, restrictive governmental laws
or regulations, or any other cause (except financial inability) not the fault of the party
required to perform the act. the time for performance of the act will be extended for a
period equivalent to the period of delay and performance of the act during the period of
delay will be excused.
15. NOTICE
An_v written notice, given under the terms of this MOU, shall be either delivered
personal]\, or mailed, certified mail, postage prepaid. addressed to the party concerned, as
follows:
6
20--9219r41e13/SIT
CITY: FJG:
Fire Chief Friends of the 1-IB .Iunior Guards
City of Huntington Beach 2000 Main Street
2000 Main Street 130 Box 190
P.O. Box 190 Huntington Beach. . CA 92648
1-I Lull ington Beach, CA 92648
If a party desires to change the address for notices set forth herein. said party will
provide 30 days advance written notice to the other party of any such change.
16. ATTORNEY'S FEES
In the event of any litigation to enforce the terms and provisions of this Amended
MOU, each party shall bear its own costs and attorney's fees. The prevailing party shall not
be entitled to recover its attorneys' fees from the non-prevailing party.
17. CONTROLLING LAW AND VENUE
The rights and liabilities of the parties, and the interpretation and construction of
this N40U, shall be determined in accordance with the laws of the State of California. Any
controversy arising out of or under this Amended MOU, if litigated, shall be adjudicated in
a court of competentjurisdiction in Orange County. California.
18. SECTION TITLES
Section titles in this Amended MOU are inserted only as a matter of convenience
and for reference. and in no wav define, limit or describe the scope of intent of this
Amended MOU or in any way affect this Amended N40U.
19. fINIE 01" ESSENCE
Time is of the essence with respect to all provisions of this .Amended N40U in
which a definite time for performance is specified including, but not limited to. the
expiration of this Amended MOU.
20. SURVIVAL, OF INDEMNITIES
Termination of this Amended MOU shall not affect the right of CITY to enforce
any and all indemnities Liven or made by FJG under this Amended N40U, nor shall it
affect any provision of this Amended MOU that expressly states that the provision shall
survive termination thereof.
7
20-921924 19131SFr
21. NONLIABILITY OF CITY OFFICIALS, LMPLOYEES OR AGENTS
No elective or appointed CITY or CITY affiliated board, commission or member
thereof', or officer, official, employee or agent of CITY shall be personally liable to F.IG,
its successors and assigns, of any default or breach by CITY under this Amended MOU or
for any amount which may become due to FJG, its successors and assigns, under this
Amended MOU or for any obligation of CITY under this Amended NIOU.
22. INTEGRATION
This Amended MOU contains and embraces the entire agreement between the
parties hereto and neither it nor any part of it may be changed, altered, modified, limited or
extended orally or by anv other agreement between the parties unless such agreement be
expressed in writing, signed and acknowledged by CITY and FJG. or their successors in
interest.
23. PARTIAL INVALIDITY
Should any provision of this Amended MOU be held by a court of competent
jurisdiction to be either invalid, void, or Lill enforceabte, the remaining provisions of this
Amended MOU shalt remain in full force and efTcct unimpaired by the holding, so long as
the reasonable expectations of the parties hereto are not materially impaired.
24. AMENDED MOU IN COUNTERPARTS
This Amended MOU may be executed in counterparts, each of which shall be
cleemed an original, but all of which taken together shall constitute one and the same
document.
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20-9219Q4191 NSIT
25. ENTIRETY
The foregoing sets forth the entire agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Amended MOU to
be executed by and through their authorized officers on
March 15 2021.
FRIENDS OF THE HB JUNIOR GUARDS,a CITY OF HUNTINGTON BEACH, a
California non- ro ublic benefit corporation municipal corporation of the State of
California
By.
'n[name
Chairm �residenice President Mayor
AND n -�Q4 / _ �
By. City Clerk �/
print name
ITS: (circle one) Secret inancial INITIATED AND APPROVED:
Officer/Asst. Secretary -Treasurer C
L =
Fir ief
IVI WED A PPROVED:
APPROVE AS TO FORM:
City Manager
City Attorney
9
20.9219/2/1913/SFF
•. CITY OF HUNTINGTON BEACH
2000 Main Street Phone (714) 536-5411
California 92648 www.huntingtonbeachca.gov
FIRE DEPARTMENT
Scott M. Haberle
Fire Chief
March 30. 2021
RE: 2021 JUNIOR LIEFGUARD PROGRAM UPDATE # 2
Junior Lifeguard Families.
As we transition into the Junior Lifeguard Program for the summer of 2021 . 1 am hopeful that
this year will see a close return to a semblance of normal in our daily operations. I would like
to thank all of the families, instructors and the Friends of the Junior Lifeguards organization for
their support and continued hard work as we navigate the dynamic COVID-19 pandemic.
Currently, our goal is to offer a full program for the summer of 2021! Staff will be
continuously monitoring the local case counts and all applicable guidance documents as we
move closer to the beginning of the program. We anticipate that there will be some COVID-19
precautions we will need to implement and we will communicate those safety protocols to all
of you as we move closer to the start of the program.
This summer. there will be a few changes to our operation and I wanted to communicate them
to all of you so that families have the ability to make any needed adjustments.
Uniform Sales
This summer we have decided to make a change to the process of uniform distribution and
sales to Junior Lifeguard families. Historically, as part of the registration process. participants
were provided with a uniform package. However, beginning this summer. families will purchase
uniforms that will be sold by the Friends of the Junior Lifeguards organization. As a non-profit
organization. the Friends of the Junior Lifeguards have pledged that all proceeds from the sale
of uniform items will be placed directly back into the program in the form of equipment,
scholarships and many other needs that positively impact the program and students.
Further, in order to lessen the financial impact on our families amidst the pandemic. the City
Council authorized a reduction in the program registration fee by $80.00 for the summer of
2021. This reduction in the registration fee will cover the cost of the required uniforms for newly
enrolled families and allow returning families the flexibility to purchase any replacement
uniforms / equipment for their students.
The online store operated by the Friends of the Junior Lifeguards can be accessed online at
https.//friends-of-hb-junior-quards.square.site/, or via the below link.
HBJG Online Store
"Respect the Beach. Ocean and Conditions"
Sand Crab Program:
For the summer of 2021 , we plan to continue with the Sand Crab Program for our younger
children. This year. the program will be limited to seven and eight year-olds only. This change
is due to increased staffing needs by the operations side of the Marine Safety Division as well
as an anticipated possible reduction of student to instructor ratios due to the COVID-19
pandemic. We hope to offer the full program in the summer of 2022.
Communications:
In an effort to improve communication with our Junior Lifeguard program and the community.
we are pleased to announce our new Junior Lifeguard Public Information Officer Samantha
Dieterman. Samantha has been a lifeguard for over thirty years. and has served as an
instructor for our program for over twenty years. She brings a wealth of knowledge and
experience in the communications industry as well as being part of the Fire Department
Community Risk Reduction team. We look forward to her participation in this new role and
the many improvements we will see this summer. Samantha will be providing updates prior
to and during the 2021 program. Samantha will also continue in her role as the lead instructor
for our Captain group in this years program.
In continuing with our long-standing tradition of safety, we are committed to offering a Junior
Lifeguard program in 2021 that is rewarding and educational, while also adhering to all local
and State mandates related to COVID-19. As you all know, the changes during the coronavirus
pandemic have remained dynamic and we will continue to be transparent and communicate
often with everyone as we finalize the plans for the summer of 2021.
If you have any questions or concerns, please feel free to contact our team at any time.
For questions regarding registration, tryouts or general questions, please email.
Juniorguard(a)surfcity-hb.orq
Sincerely.
Scott M. Haberle
Fire Chief
'Respect the Beach. Ocean and Conditions"
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ Nv%v%v.huntingtonbeachca.gov
Office of the City Clerk
Robin Estanislau, City Clerk
March 31, 2021
Friends of the HB Junior Guards
2000 Main Street
Huntington Beach, California 92648
Dear Friends of the HB Junior Guards:
Enclosed is a copy of the First Amended and Restated Memorandum of Understanding
Between The City of Huntington Beach and Friends of The HB City Junior Guards
approved by the Huntington Beach City Council on March 15, 2021.
Sincerely,
Robin Estanislau, CIVIC
City Clerk
RE:ds
Enclosure
Sister Cities: Anjo, Japan Waitakere, New Zealand
Council/PFA Regular Minutes
March 15, 2021
Page 9 of 17
13. 21-220 Approved and authorized execution of the First Amended end Restated
Memorandum of Understanding (MOU) between the City of Huntington Beach and
the Friends of the Huntington Beach City Junior Guards Ill
Mayor Carr pulled this item to request trial the City cover uniform costs one more year due to the
pandemic, and suggested looking for a potential uniform sponsor moving head.
A motion was made by Carr, second Delgleize to approve and authorize the Mayor and City Clerk to
execute the"First Amendea and Restated Memorandum of Understanding Between the City of
Huntington Beach and the Friends of the Huntington Beach City Junior Guards," as amended- City to
absorb uniform costs Ior the current year(2021).
The motion carried by the following vote:
AYES: Peterson, Kalrnick, Ortiz, Carr, Posey, Moser, and Delgleize
NOES: None
14. 21-202 Approved and authorized execution of an Agreement with Public Sector Personnel
Consultants, Inc. (PSPC)to conduct a Citywide Classification and Compensation
Study
A motion was made by Posey, second Delgleize to approve and authorize the Mayor and City Clerk to
execute "Professional Services Contract Between the City of Huntington Beach and Public Sector
Personnel Consultants, Inc. for a C ty-Wide Classification and Compensation Study" in the amount of
$175,000.
The motion carried by the following vote:
AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
NOES None
16. 21-237 Approved a Professional Services Contract with Carl Warren & Company for
Liability Claims Administration Services
A motion was made by Posey, second Delgleize to approve ane authorize the Mayor and City Clerk to
execute the agreement, 'Professional Services Contract Between the City of Huntington Beach and Carl
Warren & Company Liability Claim Investigation and Processing,"in the amount of$309,000 for three (3)
years, and de agate authority to the City Manager to execute any extensions thereto.
The motion carried by the following vote:
AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
NOES: None
ADMINISTRATIVE ITEMS
16. 21-219 Approved a recommended Action Plan and authorized execution of Amendment No.
1 to the Contract between the City of Huntington Beach and Soundskilz, Inc., for the
2021 4th of July Celebration in light of the ongoing COVID-19 pandemic
n'mf y
Council/Agency Meeting Held:_"
Deferred/Continued to:
1.Appro ed ❑ Conditionally Approved ❑ Denied Ci ler ' Signatu
Council Meeting Date: March 21, 2011 Department ID Number: CS 11-006
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Paul Emery, Deputy City Manager
SUBJECT: Approve Memorandum of Understanding between the City of
Huntington Beach and Friends of the HB City Junior Guards; and
approve construction of a storage building adjacent to the Marine
Safety Educational Center.
Statement of Issue: The Community Services Department requests approval of a
Memorandum of Understanding between the City of Huntington Beach and Friends of the HB
City Junior Guards, and approval of construction of a storage building adjacent to the Marine
Safety Educational Center.
Financial Impact: Not Applicable. Funds for the storage building have been raised by the
Friends of the HB City Junior Guards.
Recommended Action: Motion to:
A) Approve and authorize the Mayor and City Clerk to execute a "Memorandum of
Understanding Between the City of Huntington Beach and Friends of the HB City Junior
Guards;" and,
B) Approve construction of a storage building adjacent to the Marine Safety Educational
Center for use by the Huntington Beach Junior Lifeguard program.
Alternative Action(s): Do not approve and direct staff on how to proceed.
HB -19- Item 8. - 1
REQUEST FOR COUNCIL ACTION
MEETING DATE: 3/21/2011 DEPARTMENT ID NUMBER: CS 11-006
Analysis: In 2005, the City and Friends of the HB City Junior Guards (Friends) entered into
a five-year Memorandum of Understanding (MOU). The primary purpose of the agreement
was to clarify obligations of the City and Friends with regard to furniture, fixtures and
equipment that the Friends were providing for the Marine Safety Educational Center. Since
the signing of the original MOU, building construction has been completed and Friends have
provided, at no cost to the City, the required furniture, fixtures, and equipment necessary to
make the building operational. The donation had a value of approximately $150,000. The
Marine Safety Educational Center remains operational and is successfully operating as the
home of the Huntington Beach Junior Lifeguard program.
Since the term and primary function of the 2005 MOU have been completed, and since
Friends and the City wish to continue the mutually beneficial relationship, approval is
requested to authorize and execute the new MOU with Friends of the HB City Junior Guards,
for a term of five years with additional five year term extensions available.
The MOU requires that Friends continue operation as a 501(c) 3 charitable organization;
continue fundraising activities for the benefit of the Huntington Beach Junior Lifeguard
program; accept donations intended for City use in furthering activities and functions of the
Huntington Beach Junior Lifeguard program; and coordinate volunteer support as needed.
In exchange, Friends shall have access to City logos.
Additional City obligations include the monthly use of Marine Safety Educational Center for
Friends Board meetings and other uses as deemed appropriate by the Community Services
Director.
As part of their ongoing support for the City's junior lifeguard program, Friends has raised
funds to construct a 1,062 square foot storage building to serve the Huntington Beach Junior
Lifeguard program. The City Council has received periodic updates on the Friends funding
efforts and the storage project.
Each year, the Huntington Beach Junior Lifeguard program teaches approximately 1,200
youth about the ocean environment, first aid, and lifesaving methods. As the program has
grown over the years so has the need for additional equipment. Currently, equipment such
as paddle boards, wave boards, and surfboards are stored in a temporary container. The
Friends have been successful in raising funds to construct a permanent storage unit
proposed to be placed adjacent to the Marine Safety Educational Center. Friends and the
City have worked with an architect and contractor to design a 1,062 square foot building for
equipment storage. The building will match the architectural features of the Marine Safety
Educational Center and Lifeguard Headquarters buildings. Its function will be for equipment
storage only. The building will help maintain the life of special equipment allowing for
inclusion of new equipment as standards and methods evolve, without impacting space for
education and other uses in the Marine Safety Educational Center - Junior Lifeguard
Headquarters building.
Item 8. - 2 HB -110-
REQUEST FOR COUNCIL ACTION
MEETING DATE: 3/21/2011 DEPARTMENT ID NUMBER: CS 11-006
The proposed building has been processed through the appropriate entitlements process,
including a Coastal Development Permit, and is subject to all required building codes. Staff
has received a legal opinion from the City Attorney's office indicating the project is not
subject to Charter Section 612 (Measure C). The plans for the storage building have been
approved conceptually by the Community Services Commission. As noted above, City
Council has been periodically updated as to the progress of the building.
Therefore, it is recommended that the Memorandum of Understanding with the Friends of HB
City Junior Guards and the construction of the storage building, which will be at no cost to the
City, be approved. This will enable the project to move forward and be completed for the
Huntington Beach Junior Lifeguard program use this upcoming summer.
Environmental Status: The entitlements for the Junior Lifeguard storage building were
processed through Coastal Development Permit No. 2010-007.
Strategic Plan Goal: Maintain, improve and obtain funding for public improvements.
Attachment(s):
e 1309b, . o
1. "Memorandum of Understanding Between the City of Huntington Beach and
Friends of the HB City Junior Guards"
2. Site Map showing location of proposed storage building
HB -111- Item 3. - 3
ATTACHMENT # 1
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
HUNTINGTON BEACH AND FRIENDS OF THE HB CITY JUNIOR GUARDS
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered
into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of
the State of California (hereinafter referred to as "CITY") and FRIENDS OF THE HB
CITY JUNIOR GUARDS, formerly known as Friends of the Junior Lifeguards, a
California non-profit public benefit corporation (hereinafter referred to as "FJL").
WHEREAS, FJL was organized for the sole purpose of supporting the Huntington
Beach Junior Lifeguard Program (the 'PROGRAM"), a summer youth program operated
by the CITY for the benefit of the youth of Huntington Beach and surrounding
communities designed to provide participants with the opportunity to learn ocean safety,
surf lifesaving techniques, first aid, marine ecology and oceanography in a context that is
both physical and disciplined fostering self-confidence and respect for others; and
During the time period of February 7, 2005 to February 7, 2010, CITY and FJL
were parties to that certain Agreement entitled "Memorandum of Understanding Between
the City of Huntington .Beach and Friends of the Junior Lifeguards," which agreement
shall hereinafter be referred to as the "2005 MOU;" and
CITY has completed construction of a building which has been officially
designated by CITY as the "Marine Safety Educational Center - Home of the Junior
Guards" (the "CENTER") (which is referred to in the 2005 MOU as the "BUILDING")
and which serves as the operating home of the PROGRAM; and
The CENTER is equipped with, among other things, office furniture for staff,
lockers for instructors and PROGRAM participants, educational audio/visual equipment,
office equipment, educational marine safety equipment, general use furniture and surf
equipment; and
Pursuant to the 2005 MOU, FJL provided at no cost to,CITY a substantial portion
of the required furniture, fixtures and equipment necessary to make the CENTER
operational as the home of the PROGRAM and for other intended educational purposes as
part of FJL'S support of the PROGRAM; and
FJL and CITY desire to enter into an agreement to clarify the future respective
obligations of the CITY and FJL,
NOW, THEREFORE, for and in consideration of the promises and covenants
hereinafter contained and intending to be legally bound, the parties covenant and agree as
follows:
1
10-2463.002/59661
1. TERM
This MOU will become effective on the date it is approved by the City
Council of the CITY and shall terminate fifteen (15) years thereafter, except with respect
to any obligations hereunder which are to be performed thereafter. Upon mutual written
consent of the parties, this Agreement may be extended for one additional ten (10) year
term. Either party may terminate this MOU upon six (6) months advance written notice to
the other party, provided that no early termination of this Agreement shall relieve CITY of
its obligation to use the STORAGE BUILDING exclusively for storage of PROGRAM
related equipment as set forth in paragraph 3B below.
2. OBLIGATIONS OF THE PARTIES
A. FJL shall construct a stand-alone storage building (the "STORAGE
BUILDING") adjacent to the CENTER, and upon completion thereof, FJL will donate the
STORAGE BUILDING to CITY; FJL agrees to continue its operations as a tax-exempt,
non-profit charitable corporation pursuant to IRC 501(c)(3); and FJL shall organize and
participate in fundraising activities for the benefit of the PROGRAM.
B. CITY agrees to allow FJL continued use of the CENTER for FJL's
monthly board meetings and other such uses as deemed appropriate by CITY's Director of
Community Services; the furniture, fixtures and equipment previously donated to CITY by
FJL pursuant to the 2005 MOU shall continue to be used at the CENTER for PROGRAM
related purposes, and after the STORAGE BUILDING has been completed and donated to
CITY by FJL, CITY shall use the STORAGE BUILDING exclusively for storage of
PROGRAM related equipment.
3. ACCESS TO CITY MARKS AND LOGOS
Upon the prior written approval of CITY, which approval shall be at the
sole discretion of CITY'S Director of Community Services, FJL shall have the right to use
the official Huntington Beach City logo and CITY'S "Surf City Huntington Beach"
trademark.
4. HOLD HARMLESS
FJL shall protect, defend, indemnify and hold harmless City, its officers,
officials, employees, and agents from and against any and all liability, loss, damage,
expenses, costs (including without limitation, costs and fees of litigation of every nature)
arising out of or in connection with performance of this MOU or its failure to comply with
any of its obligations contained in this MOU except such loss or damage which was caused
by the sole negligence or willful misconduct of City.
2
10-2463.002/59661
5. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1861, FJL acknowledges
awareness of Section 3700 et seq. of said Code, which requires every employer to be
insured against liability for workers' compensation; FJL covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
If FJL is required by California law to maintain workers' compensation
insurance, FJL shall maintain workers' compensation insurance in an amount of not less
than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease,
policy limit.
FJL shall require all subcontractors to provide such workers' compensation
insurance for all of the subcontractors' employees. FJL shall furnish to City a certificate of
waiver of subrogation under the terms of the workers' compensation insurance and FSNC
shall similarly require all subcontractors to waive subrogation.
6. GENERAL LIABILITY INSURANCE
In addition to the workers' compensation insurance and FJL's covenant to
indemnify City, FJL shall obtain and furnish to City, a policy of general public liability
insurance, including motor vehicle coverage. Said policy shall indemnify FJL, its officers,
agents and employees, while acting within the scope of their duties, against any and all
claims arising out of or in connection with this.Agreement, and shall provide coverage in
not less than the following amount: combined single limit bodily injury and property
damage, including products/completed operations liability and blanket contractual liability,
of $1,000,000 per occurrence. If coverage is provided under a form which includes a
designated general aggregate limit, the aggregate limit must be no less than $1,000,000.
Said policy shall name City, its agents, its officers, employees and volunteers as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
applicable shall be deemed excess coverage and that FJL's insurance shall be primary.
Under no circumstances shall the above-mentioned insurance contain a self-
insured retention, or a "deductible" or any other similar form of limitation on the required
coverage.
7. ASSIGNING AS BREACH
Neither party shall encumber, assign, or otherwise transfer this MOU, or any right
or interest in this MOU, without the express written consent of the other party. A consent
by a party to one assignment or transfer to another person shall not be deemed to be a
consent to any subsequent assignment or transfer to another person. Any encumbrance,
assignment or transfer, without the prior written consent of the other party, whether it be
10-2463.002/59661
voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option
of the other party,terminate this MOU.
8. TERMS BINDING ON SUCCESSORS
All the terms, covenants and conditions of this MOU shall inure to the'
benefit of and be binding upon the parties and their successors and assigns. The provisions
of this Section shall not be deemed as a waiver of any of the conditions against assignment
hereinbefore set forth.
9. CONFLICT OF INTEREST
FJL shall employ no CITY official nor any regular CITY employee in the
work performed pursuant to this MOU. No officer or employee of CITY shall have any
financial interest in this MOU in violation of the applicable provisions of the California
Government Code.
10. PHOTOGRAPHY
CITY may grant permits to persons engaged in the production of still and motion
pictures, television programs, advertising and related activities, to take photographs and/or
motion pictures of Junior Lifeguard program and construction activities.
11. NONDISCLOSURES/PRESS RELEASES
FJL shall consult with CITY prior to issuing any press releases or otherwise
making any public statements with.respect to this MOU, the transactions contemplated
herein, or matters arising here from.
12. CUMULATIVE REMEDIES
The remedies given to the parties in this MOU shall not be exclusive but
shall be cumulative and in addition to all remedies now or hereafter allowed by law or
elsewhere provided in this MOU.
13. WAIVER OF BREACH
The waiver by CITY of any breach by FJL of any of the provisions of this
MOU, irrespective of the length of time for which such failure continues, shall not
constitute a waiver of such breach or a waiver of any subsequent breach by FJL either of
the same or another provision of this MOU.
14. FORCE MAJEURE -UNAVOIDABLE DELAYS
Should the performance of any act required by this MOU to be performed
by either CITY or FJL be prevented or delayed by reason of an act of God, strike, lockout,
4
10-2463.002/59661
labor troubles, inability to secure materials, restrictive governmental laws or regulations, or
any other cause (except financial inability) not the fault of the party required to perform the
act, the time for performance of the act will be extended for a period equivalent to the
period of delay and performance of the act during the period of delay will be excused.
15. NOTICE
Any written notice, given under the terms of this MOU, shall be either
delivered personally or mailed, certified mail, postage prepaid, addressed to the party
concerned, as follows:
CITY: FJL:
Director of Community Services Friends of the HB Junior Guards
City of Huntington Beach 15902 Mills Circle
2000 Main Street Westminster, CA 92683
P.O. Box 190
Huntington Beach, CA 92648
If a party desires to change the address for notices set forth herein, said party will provide
30 days advance written notice to the other party of any such change.
16. ATTORNEY'S FEES
In the event of any litigation to enforce the terms and provisions of this
MOU, each party shall bear its own costs and attorney's fees. The prevailing party shall not
be entitled to recover its attorneys' fees from the non-prevailing party.
17. CONTROLLING LAW AND VENUE
The rights and liabilities of the parties, and the interpretation and
construction of this MOU, shall be determined in accordance with the laws of the State of
California. Any controversy arising out of or under this MOU, if litigated, shall be
adjudicated in a court of competent jurisdiction in Orange County, California.
18. SECTION TITLES
The section titles in this MOU are inserted only as a matter of convenience
and for reference, and in no way define, limit or describe the scope of intent of this MOU
or in any way affect this MOU.
19. TIME OF ESSENCE
Time is of the essence with respect to all provisions of this MOU in which a
definite time for performance is specified including, but not limited to, the expiration of
this MOU.
5
10-2463.002/59661
20. SURVIVAL OF INDEMNITIES
Termination of this MOU shall not affect the right of CITY to enforce any
and all indemnities given or made by FJL under this MOU, nor shall it affect any provision
of this MOU that expressly states that the provision shall survive termination thereof.
21. NONLIABILITY OF CITY OFFICIALS EMPLOYEES OR AGENTS
No elective or appointed CITY or CITY affiliated board, commission or
member thereof, or officer, official, employee or agent of CITY shall be personally liable
to FJL, its successors and assigns, of any default or breach by CITY under this MOU or for
any amount which may become due to FJL, its successors and assigns, under this MOU or
for any obligation of CITY under this MOU.
22. MOU IN WRITING
This MOU contains and embraces the entire agreement between the parties
hereto and neither it nor any part of it may be changed, altered, modified, limited or
extended orally or by any other agreement between the parties unless such agreement be
expressed in writing, signed and acknowledged by CITY and FJL, or their successors in
interest.
23. PARTIAL INVALIDITY
Should any provision of this MOU be held by a court of competent
jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this
MOU shall remain in full force and effect unimpaired by the holding, so long as the
reasonable expectations of the parties hereto are not materially impaired.
24. MOU IN COUNTERPARTS
This MOU may be executed in counterparts, each of which shall be deemed
an original,but all of which taken together shall constitute one and the same document.
25. NO TITLE INTEREST
No title interest of any kind is hereby given and FJL shall never assert any
claim or title to the CENTER or any other public property. Any use of the CENTER by
FJL is non-exclusive.
6
10-2463.002/59661
26. ENTIRETY
The foregoing sets forth the entire agreement between the parties.
IN WITNESS WHEREOF,the parties hereto have caused this MOU to be executed
by and through their authorized officers on 2011.
FRIENDS OF THE HB JUNIOR GUARDS, a CITY OF HUNTINGTON BEACH, a
California non-profit public benefit corporation municipal corporation of the State of
,+ California
By: � l�.�f/�v�� tr. C
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AND
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ITS: (circle on Secretary Chief Financial INITIAT A D A PROVED:
Officer/Asst. Secreta - easurer
Director of Co ity Services
REVIE APPROVED:
APPR VED AS TO FORM:
�/dit/Administrator " r
Ci y Attorney,
7
l 0-2463.002/59661
ATTACHMENT #2
Junior Guard Storage Building
Location Map
21073 Pacific Coast Hwy
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Junior Guard Storage Building
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CITY OF HUNTINGTON BEACH
Interdepartmental Memo
TO: Mayor and City Council
FROM: Paul Emery, Deputy City Administrator/Interim Community
Services Director, via Fred Wilson, City Manager
DATE: Monday, March 21, 2011
SUBJECT: Late Communication Regarding Item #8 -Approve Memorandum
of Understanding between the City and the Friends of the HB
City Junior Guards; and Approve Construction of a Storage
Building Adjacent to the Marine Safety Educational Center
Attached are additional slides to be part of Attachment#2 of Consent Calendar Item #8
regarding the Junior Lifeguard Storage Building. The additional slides show the proposed
location, architectural features of the adjacent Marine Safety Educational Center and the
architectural features of the proposed storage building.
The additional slides have been provided to clarify the proposed location and the intent to
match the architectural features of the adjacent building. The proposed storage building
will replicate all design features — including, stone wainscot, matching stucco, copper
fascia, and flat roof design. We apologize for this late communication.
C: Joan Flynn
COMMUNICATION
Mee*V Date '3 L I Id.,0l/
Agenda Item No.
Late communication#a Memo Friend of JrGuard -1- 3/21/2011
junior ward Storage Building
Location Map
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City of Huntington Beach
2000 Main Street • Huntington Beach, CA 92648
® OFFICE OF THE CITY CLERIC
® JOAN L. FLYNN
CITY CLERIC
March 23, 2011
Friends of the HB Junior Guards
15902 Mills Cr.
Westminster, CA 92683
To Whom It May Concern:
Enclosed for your records is a copy the Memorandum of Understanding between the City
of Huntington Beach and Friends of the HB City Junior Guards.
Sincerely,
J n L. Flynn, CIVIC
City Clerk
JF:pe
Enclosure
G:followup:agrmtltr
Sister Cities: Anlo, Japan ® Waitakere, New Zealand
(Telephone: 714-536-5227)
h!A
CITY OF HUNTINGTON BEACH
Interdepartmental IVIemO
TO: Mayor and City Council
FROM: Paul Emery, Deputy City Administrator, via Fred Wilson, City
Manager
DATE: Monday, February 07, 2011
SUBJECT: Friend's of the Junior Lifeguard (FJL)
Community Services is requesting that the Memorandum of Understanding between the
City and Friend's of the Junior Lifeguard Program, on the Consent Calendar item number
three on tonight's agenda be pulled.
The Friends of the Junior Lifeguard Program have requested additional language to be
added to the MOU. The proposed changes are still under review by the Friend's attorney.
Once the document is finalized it will be brought forward at a future meeting for Council
review. We apologize for this late communication.
Late sub 20711 FJL -1- 2/7/2011 4:28:00 PM
Council/Agency Meeting Held:_
Deferre ontinued to: o� uw AZT aJ
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❑Approved ❑ Conditionally Approved ❑ Denied Ci ler '/Signatutf
Council Meeting Date: January 18, 2011 Department ID Number: CS 11-008
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Administrator
PREPARED BY: Jim B. Engle, Director of Community Services
SUBJECT: Approve the Memorandum of Understanding (MOU) between the City
of Huntington Beach and Friends of the Junior Lifeguards (FJL);
Approve construction of a storage building adjacent to the Marine
Safety Educational Center
Statement of Issue: The Community Services Department requests approval of the
Memorandum of Understanding between the City of Huntington Beach and the Friends of the
Junior Lifeguards; and approval for construction of a storage building adjacent to the Marine
Safety Educational Center.
Financial Impact: Not applicable. Funds for the storage building have been raised by the
Friends of the Junior Lifeguards.
Recommended Action: Motion to:
A) Approve and authorize the Mayor and City Clerk to execute the "Memorandum of
Understanding between the City of Huntington Beach and the Friends of the Junior
Lifeguards;" and,
B) Approve construction of a storage building adjacent to the Marine Safety Educational
Center.
Alternative Action(s): Do not approve and direct staff how to proceed.
Analysis: Memorandum of Understanding: In 2005, the City and Friends of the Junior
Lifeguards (Friends) entered into a five-year Memorandum of Understanding. The primary
purpose of which was to clarify obligations of city and Friends in regards to furniture, fixtures
and equipment Friends would provide for the newly constructed Marine Safety Educational
Center. Since the signing of the original MOU, the Friends have provided, at no cost to the
city, the required furniture, fixtures and equipment necessary to make the building functional.
HB - - Item 3. - 1
REQUEST FOR COUNCIL ACTION
MEETING DATE: 1/18/20110 DEPARTMENT ID NUMBER: CS 10-008
The Marine Safety Educational Center remains operational and is successfully operating as
the home of the Huntington Beach Junior Lifeguards serving approximately 1,200 youth
annually.
Since the term and goals of the 2005 MOU have been completed, and Friends and City
wish to continue the mutually beneficial relationship, approval is requested to authorize and
execute the new MOU with Friends of the Junior Lifeguards for a term of five years with an
additional five year extension available.
Obligations of Friends to include: Maintain 501(c) (3) charitable organization status;
fundraising activities for the benefit of the Junior Lifeguard Program; accepting donations
intended for city use in furthering activities and functions of the Junior Lifeguard Program;
and coordinating volunteer support as needed. Friends shall have access to City logos.
City obligations to include monthly use of Marine Safety Educational Center for Friends'
Board meetings, and other uses as deemed appropriate by Community Services Director,
such as fundraising activities.
Storage Building: As communicated to City Council previously, the City Junior Lifeguard
Program, Friends have been raising funds to construct a much-needed 1,062 square foot
storage building to serve the Huntington Beach Junior Lifeguard program. They have now
completed their fundraising efforts.
As the program has grown over the years, so has the need for additional equipment.
Currently, equipment such as paddle boards, wave boards, and surfboards are stored in a
temporary container. The Friends have been successful in raising funds to construct a
permanent storage unit proposed to be placed adjacent to the Marine Safety Educational
Center (Junior Lifeguard Headquarters) at 21073 Pacific Coast Highway. The Friends have
also worked with an architect and contractor to design a 1,062 square foot building for
equipment storage. The building will match the architectural features of the Marine Safety
Educational Center and Lifeguard Headquarters buildings. Its function will be for equipment
storage only— no staff or other activities will be placed in the building.
The proposed building is being processed through the appropriate entitlements process,
including a Coastal Development Permit, and will be subject to all applicable building
codes.
The building will help extend the life of special equipment, and will allow for inclusion of
new equipment as standards and methods evolve, without impacting space for education
and other uses inside the Junior Lifeguard Headquarters building, thereby enhancing the
effectiveness of the program.
The Community Services Commission reviewed and recommended approval of the
conceptual plan for the storage area. Staff has received a legal opinion from the City
Attorney's office indicating the project is not subject to Charter Section 612 (Measure C).
Item 3. - 2 HB -40-
REQUEST FOR COUNCIL ACTION
MEETING DATE: 1/18/20110 DEPARTMENT ID NUMBER: CS 10-008
Environmental Status: Not applicable to Memorandum of Understanding. Appropriate
environmental assessments for the new storage building will be completed as part of the
entitlement process.
Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment
Attachment(s):
® ® - o 0
1. Memorandum of Understanding between the City of Huntington Beach and the Friends of
the Junior Lifeguards
2. Location Ma
3. Site Map
4. Elevation drawing of proposed storage building
HB - 1- Item 3. - 3
ATTACHMENT # 1
Item 3. - 4 Ha -42-
MEMORANDUM IZANDUM[OF UNDERSTANDING BETWE EN TITS CITY OF
HUN"ITINGTON BEACH AND FRIENDS OF THE JUNIOR LIFEGUARDS
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by
and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of
California(hereinafter referred to as "CITY") and FRIENDS OF THE JUNIOR LIFEGUARDS, a
California non-profit public benefit corporation(hereinafter referred to as"FJL").
WHEREAS,FJL, was organized for the,sole purpose of:supporting the Huntington Beach
Junior Lifeguard Program (the "PROGRAM"), a summer youth program operated by the.CITY for
the benefit of the youth of Huntington Beach and-surrounding communities designed to provide
participants with the opportunity to learn ocean safety, surf lifesaving techniques, first aid, marine
ecology and oceanography in a context that is both physical and disciplined fostering self.-
confidence and respect for others; and
CITY 'has completed construction of a building which has been officially designated by
CITY as the "Marine Safety Educational Center Home of the Junior Guards" (the "BUILDING")
and which serves as the operating home of the PROGRAM; and
The BUILDING is equipped with, among other things, office furniture for staff, lockers for
instructors and PROGRAM participants, educational audio/visual equipment, office equipment,
educational marine safety equipment, general use furniture and surf equipment; and
FJL has provided at no cost to CITY,a substantial portion of the required furniture,.fixtures
and equipment necessary to make the BUILDING operational as the home of the PROGRAM and
for other intended educational purposes as part of FJL support`of the PROGRAM;
FJL and CITY desire to enter into an agreement to clarify the future respective obligations
of the CITY and FJL,
NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter
contained and intending;to be legally bound,the parties covenant and agree as follows:
1. TERM
This MOU will become effective on the,date it is approved by the City Council of
the CITY and shall terminate ten (10) y€ars thereafter, except with respect to any obligations
hereunder which are to be performed;thereafter. Upon mutual written consent of the parties, this
Agreement may be extended for one additional ten (10) year.term; Either,party may terminate this
MOU upon six(o)months advance written notice to the other party.
2. OBLIGATIONS OF THE PARTIES
A. FJL agrees to continue its operations as a tax-exempt, non-profit charitable
corporation pursuant to IRC 501(c)(3); FJL shall organize and participate in fundraising activities
for the benefit of the PROGRAM; FJL shall continue to accept donations intended for CITY use in
10-246-30 1/49593 1
NB -43- Item 3. - 5
furtherance of the PROGRAM; and FJL will continue to coordinate volunteer support of the
PROGRAM as may be necessary or convenient if requested by CITY.
B. CITY agrees to allow FJL continued use of the BUILDING for FJL's
monthly board meetings, and other uses as deemed appropriate by CITY's Director of Community
Services.
3. ACCESS TO CITY MARKS AND LOGOS
Upon the prior written approval of CITY, which approval shall be at the sole
discretion of CITY'S Director of Community Services, FJL shall have the right to use the official'
Huntington:Beach City logo and CITY'S "Surf City Huntington Beach"trademark.
4. HOLD HARMLESS
FJL shall protect, defend, indemnify and hold harmless City, its;officers, officials,
employees, and agents from and against any and all Liability,. loss, damage, expenses, costs
(including without limitation, costs and fees of litigation of every nature) arising out of or in
connection with performance of this MOU or its failure to comply with any of its obligations
contained in this MOU except such loss or damage which was caused by the sole negligence or
willful misconduct of City.
S. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Cade Section 1861, FJL acknowledges awareness of
Section 3700 et seq. of said Code, which requires every employer to be.insured against liability for
workers' compensation; FJL covenants that it will comply with such provisions prior to
commencing performance of the work hereunder.
FJL shall maintain workers' compensation insurance in an amount of not Less than.
One l-lundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One
Hundred.Thousand Dollars ($100,000)bodily injury by disease, each employee; Two Hundred Fifty
Thousand Dollars ($250,000)bodily injury by disease,policy limit:
FJL shall require all subcontractors to provide such workers' compensation
insurance for all of the subcontractors' employees. FJL shall furnish to City a certificate of waiver
of subrogation tinder the terms of the workers' compensation insurance_ and FSNC shall similarly
require all subcontractors-to waive subrogation.
6. GENERAL LIABILITY INSURANCE
In addition to the workers' compensation insurance and FJL's covenant to indemnify
City, FJL shall obtain and furnish to City, a policy of general public liability insurance, including
motor vehicle coverage. Said policy shall indemnify FJL, its officers, agents and employees, while
acting within the scope of their duties, against any and all claims arising out of or in connection
with this Agreement, and shall provide coverage in not less than the fallowing amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a
10-2463,001/49593 2
Item 3. - 6 H B -44-
form which includes a designated general aggregate limit; the aggregate limit must be no less than
$1.000,000. Said;policy shall name City, its agents; its officers; employees and volunteers as
Additional Insureds,and shall specifically provide that any other insurance coverage which may be
applicable shall be deemed excess coverage and that FJL's insurance shall be primary:
Under no circumstances shall the above-mentioned insurance contain a self-insured
retention, or a"deductible"or any other similar form of limitation on the required.coverage.
7. ASSIGNING AS BREACH.
Neither party shall encumber,assign, or otherwise transfer this MOU, or any right,or interest
in this MOU, without the`express written consent of the other_party. A consent,by a party to one
assignment or transfer to another person shall not be deemed to,be-a consent to any subsequent
assignxxment or transfer to another person. Any encumbrance, assignment or transfer, without the,
prior written consent of the ether party, whether it be voluntary or involuntary, by:operation of law
or otherwise,is void and shall,at the option of time other party,terminate this MOU.
8. TERMS BINDING ON SUCCESSORS
All the terms, covenants and conditions of this MOU shall inure to the benefit of and
be binding upon the parties and their,successors and assigns. The provisions of this Section shall not.
be deemed as a waiver of any of the conditions against assignment hereinbefore set forth.
9. CONFLICT OF INI:'EREST
FJL shall employ no CITY official nor any regular CITY employee in the work
performed pursuant to this MOU_ No officer;or employee of CITY shall have any financial interest
in this MOU in violation of the applicable provisions of the California Goverment°Code.
1.0. PHOTOGRAPHY
CITY may grant permits to persons engaged in the production of still and motion pictures,
television programs; advertising and related activities;to take photographs and/or motion pictures of
Junior Lifeguard prograrri and building activities.
11. NONDISCLOSURES/PRESS RELEASES
FJL:shall consult with CITY prior to issuing any press releases or. otherwise making any
public statements with respect to this MOU, the transactions contemplated herein,or matters arising.
here,from.
12. CUMULATIVE REMEDIES
The remedies given to the parties in this MOU shall not be exclusive but shall be
cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided
in this MOU.
10-246100V49593 3
HB -45- Item 3. - 7
13. WAIVER OF BREACH
The waiver by CITY of any breach by FJL of any of the: provisions of this MOO,
irrespective of the length of time for which such failure continues, shall not constitute a waiver of
such breach or a waiver of any subsequent breach by FJL either of the same or another provision of
this MOU.
14. FORCE MAJEURE -UNAVOIDABLE DELAYS
Should the performance of any act required by this MOU to be performed by either
CITY or FJL be prevented or delayed by reason of an act of God, strike, lockout, labor troubles,
inability to secure materials,restrictive governmental laws or regulations,or any other cause (except
financial inability) not the fault of the party required to perform the act, the time for performance of
the act will be extended for a period equivalent to the period of delay and performance of the act
during the period of delay will be excused.
15. NOTICE
Any written notice, given under the terms of this MOLD shall be either delivered
personally or mailed, certified mail,postage prepaid, addressed to the party concerned, as follows:
CITY: FJL:
Director of Community Services Friends of the Junior Lifeguards
City of Huntington Beach 15902 Mills Circle
2000 Main Street Westminster,.CA 92683
P.O. Box 190
Huntington Beach, CA 92648
If a party desires to change the address for notices set forth herein, said party will provide 30 days
advance written notice to the other party of any such change.
16. ATTORNEY"S FEES
In the event of any litigation to enforce the terms and provisions of this MOLT, each
party shall bear its own costs and attorney's fees. The prevailing party shall not be entitled to
recover its attorneys'fees from the non-prevailing party.
17. CONTROLLING LAW AND VENUE
The rights and liabilities of the parties, and the interpretation and construction of this
MOO, shall be determined in accordance with the laws of the State of Califorma. Any controversy
arising out of or under this MOO, if litigated, shall be adjudicated in a court of competent
jurisdiction in Orange County, California.
10-2463MIr49593 4
Item 3. - 8 H -4 -
1 9. SECTION TITLES
The section titles in this MOU are inserted only as a matter of convenience and for
reference, and in no way define, limit or describe the scope of intent of this MOU or in any way
affect this MOU:
19. TIME OF ESSENCE
Time is of the essence with respect to all provisions of this MOU in which a definite
time for performance is specified including;but not,limited to,,the expiration of this MOU.
20- SURVIVAL OF INDEMNITIES
Termination of this MOU shall not affect the right of CITY to enforce any and all
indemnities given or made by FJL under this MOU, nor shall it affect any provision of this MOU
that expressly states that the provision shall survive termination thereof.
21. 1r ONLIAl3ILIT"Y OF CITY OFFICIALS EMPLOYEES OR AGENTS'
No elective or appointed CITY or CITY affiliated board, commission or member
thereof, or officer, official, employee or agent of CITY shall be personally liable to FJL, its
successors and assigns,of any defaulter breach by CITY under this MOU or for any amount which
may become due to FJI,, its successors and.assigns, under this MOU or for any obligation of CITY
under this MOU.
22. MOU IN WRITING
This MOU contains and embraces the entire agreement between the parties hereto
and neither it-nor any part of it may be changed, altered, modified, limited or extended orally or by
any other agreement between the parties unless such agreement be expressed in writing, signed and
acknowledged by CITY and FJL,or their successors in interest.
23. PAwrIAL INVALIDITY-
Should any provision ofthis;:MOU,be held by_a court of competent jurisdiction to be
either invalid, void, or unenforceable, the remaining provisions of this MOU shall remain in hill.
force and effect unimpaired by the holding; so long as the reasonable expectations of the parties
hereto are not materially unpaired_
4. MOU IN COUNTERPARTS
This MOU may be executed in counterparts, each of which shall be deemed an
original,but.all of which taken together shall constitute one and the same document.
10 z4s3.0o1la9,9 5
Ng -47- Item 3. - 9
25. NO TITLE.INTEREST
No title interest of any kind is hereby given and FJL shall never assert any claim or
title to the BUILDING or any other public property. Any use of the:BUILDING by FJl, is non-
exclusive.
26. ENTIRETY
The foregoing sets forth the entire agreement between the parties.
IN 'WITNESS WHEREOF,the parties hereto have caused this MOU to be.executed by and
through their authorized officers on ,,2010.
FRIENDS OF THE JUNIOR LIFEGUARDS a CITY OF HUNTINGTON BEACH;n
California non-profit public benefit corporation municipal corporation of the State of
41
California
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ITS. (circle one)Chairman `resider t/vice President Mayor
AND
BY: ,F �F t R•.�{�
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ITS: (circle one �� Chief Financial INITIATED AND APPROVED:
Officer/Asst. Secretary-Treasurer r �
Nr for of Community Sit ices
REVIEWED AND APPROVED:
PROVED AS TO FOR:M ;.
City Administrator
City Anco) ey -:
10-2463.001/4959; b
Item 3. - 10 HB -48-
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