HomeMy WebLinkAboutHuntington Beach Fire Outreach Foundation (HBFOF) - 2019-09-03 ,00.INGr 2000 Main Street,
of ��� Huntington Beach,CA
92648
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City of Huntington Beach
APPROVED 7-0
cF�UUNTY CPid
File #: 24-311 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
Subiect:
Approve and authorize execution of Amendment No. 1 to the Memorandum of Understanding
(MOU) between the City of Huntington Beach and Huntington Beach Fire Outreach Foundation
(HBFOF)
Statement of Issue:
In 2019, the Huntington Beach Fire Outreach Foundation (HBFOF) was formed as a non-profit
corporation to promote public safety related to fire prevention and emergency preparedness through
community outreach programs. The Memorandum of Understanding (MOU) will expire on June 30,
2024. At this time, City Council approval of an amendment to the HBFOF MOU is requested to
extend the term five (5) years through June 30, 2029.
Financial Impact:
There is no financial impact to the City.
Recommended Action:
Approve and authorize the Interim City Manager to execute Amendment No. 1 to the Memorandum of
Understanding between the City of Huntington Beach and the Huntington Beach Fire Outreach
Foundation.
Alternative Action(s):
Do not approve the amendment to the MOU and direct staff accordingly.
Analysis:
In 2019, the HBFOF was created as an independent non-profit corporation to educate and promote
public safety related to fire prevention and emergency preparedness through community outreach
programs. The purpose of this foundation is to provide charitable opportunities to raise funds through
individuals and organizations that agree with the HBFOF mission and to then distribute those funds
to the personnel and groups within the Huntington Beach Fire Department that are actively providing
City of Huntington Beach Page 1 of 2 Printed on 5/1/2024
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File #: 24-311 MEETING DATE: 5/7/2024
the programs and services that support the mission.
The HBFOF currently consists of a Board of Directors that includes a President, Vice President,
Treasurer, Secretary, and other members that shall conduct the business of the foundation in
accordance with the organization's by-laws. The City and HBFOF provide minimal or limited staff
support and resources in administering programs related to the HBFOF mission statement.
Since its inception, the HBFOF has implemented a multi-pronged approach to engage with the City's
residents, schools, and businesses to fulfill its mission. They have participated in community events,
sponsored Fire Department programs, and provided funding for the HBFD Peer Support Team and its
support dog Kingman. A Corporate Sponsorship program was started in 2023 and five (5) sponsors
were added.
The original five (5) year term of the MOU expires on June 30, 2024. By approving the amendment
to the MOU shown as Attachment 1, the term of the HBFOF will be extended an additional five (5)
years through June 30, 2029. The MOU is provided as Attachment 2 for reference.
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:
Goal 8 - Public Safety, Strategy A - Community-wide comprehensive risk reduction program to
optimize public safety's emergency response and reduce the number of calls.
Attachment(s):
1. Amendment No. 1 to Memorandum of Understanding between HB Fire Outreach Foundation
and City of Huntington Beach.
2. Memorandum of Understanding between HB Fire Outreach Foundation and City of Huntington
Beach.
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AMENDMENT NO. 1 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF HUNTINGTON BEACH AND
THE HB FIRE OUTREACH FOUNDATION
THIS AMENDMENT NO. 1 is made and entered into by and between the CITY
OF HUNTINGTON BEACH, a municipal corporation, hereinafter referred to as ("City"),
and HB FIRE OUTREACH FOUNDATION, ("HBFOF"), a California nonprofit
corporation.
WHEREAS, City and HBFOF are parties to that certain Memorandum of
Understanding (MOU) dated July 1, 2019, whereby the Huntington Beach City Council
authorized HBFOF to promote public safety related to fire prevention and emergency
preparedness through community outreach programs; and
The MOU is scheduled to expire by its term on June 30, 2024; and
City and HBFOF wish to amend the MOU to extend its Term,
NOW, THEREFORE, it is agreed by City and HBFOF as follows:
1. EXTENSION OF TERM
The Term of the MOU, is hereby extended for an additional (5) five years.
The MOU shall remain in effect until June 30, 2029, unless extended or sooner terminated as
provided therein.
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of
the Original MOU shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers on M , 2024.
SIGNATURES CONTAINED ON NEXT PAGE
24-14445/337027 1
HB FIRE OUTREACH FOUNDATION, CITY OF HUNTINGTON BEACH, a
a California nonprofit corporation municipal corporation of the State of
Californ'a
By: Al4e--,A ,• r!
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p nt name Mayor
ITS: (circle one)Chairmai •residen is ice President Q L
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AND City Clerk 5/0/214f
By: P-71120 622__Q--rj22,...._____.
t ,/( /Z^ .'�6/./ APPROVED FORM:
print name
ITS: (circle nneaecreMyJyhief Financial ( t(
Officer/Asst.Secretary-Treasurer
C. Attorney
RE ED A PP OV D:
City Manager
24-14445/337027 2
City of Huntington Beach
File #: 19-746 MEETING DATE: 9/3/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Dave Kiff, Interim City Manager
PREPARED BY: David A. Segura, Interim Fire Chief
Subject:
Approve and authorize execution of a Memorandum of Understanding (MOU) between the City
of Huntington Beach and Huntington Beach Fire Outreach Foundation (HBFOF)
Statement of Issue:
In May 2019, the Huntington Beach Fire Outreach Foundation (HBFOF) was formed as a non-profit
corporation to educate and promote public safety related to fire prevention and emergency
preparedness through community outreach programs. At this time, City Council approval of the
HBFOF Memorandum of Understanding (MOU) is requested.
Financial Impact:
There is no financial impact to the City.
Recommended Action:
Approve and authorize the Interim City Manager to execute the five-year "Memorandum of
Understanding" between the City of Huntington Beach and the Huntington Beach Fire Outreach
Foundation.
Alternative Action(s):
Do not approve the attached MOU and direct staff accordingly.
Analysis:
In May 2019, the HBFOF was created as an independent non-profit corporation to educate and
promote public safety related to fire prevention and emergency preparedness through community
outreach programs. The purpose of this foundation is to conduct charitable opportunities to raise
funds through individuals and organizations that agree with the HBFOF mission and to then distribute
those funds to the personnel and groups within the Huntington Beach Fire Department that are
actively providing the programs and services that support the mission.
The HBFOF currently consists of a Board of Directors that includes a Chair, Vice Chair, Treasurer,
Secretary, and other members that shall conduct the business of the foundation in accordance with
this organization's bylaws.
By approving the MOU, the City and HBFOF agree to provide minimal or limited staff support and
City of Huntington Beach Page 1 of 2 Printed on 8/28/2019
pewered6g,Leg,sfar`"`
File #: 19-746 MEETING DATE: 9/3/2019
resources in administering programs related to the HBFOF mission statement.
Environmental Status:
None
Strategic Plan Goal:
Enhance and modernize public safety service delivery
Attachment(s):
1. Memorandum of Understanding between HB Fire Outreach Foundation and City of Huntington
Beach.
City of Huntington Beach Page 2 of 2 Printed on 8/28/2019
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MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered, as of July 1,
2019, by and between the HB FIRE OUTREACH FOUNDATION ("HBFOF"), a California
nonprofit corporation and the CITY OF HUNTINGTON BEACH, a municipal corporation,
("City").
RECITALS
WHEREAS, HBFOF was incorporated for the purpose of promoting public safety related
to fire prevention and emergency preparedness through community outreach programs; and
Conduct opportunities to raise funds to provide community outreach through educational
and charitable purposes; and
Provide a non-profit foundation that can obtain funding from people and organizations
that believe in the HBFOF mission and to then distribute those funds to the personnel and groups
that are actively providing the programs and services which support the mission; and
City and HBFOF desire to memorialize the terms and conditions whereby HBFOF
proposes to provide resources to promote the City's public safety awareness through community
outreach programs; and
HBFOF is a duly incorporated California nonprofit corporation authorized by law to
provide the services contemplated by this MOU,
NOW, THEREFORE, in consideration of the mutual terms and conditions in the MOU,
City and HBFOF do hereby agree to the following:
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1. TERM.
The term of this MOU shall commence on July 1, 2019 (the "Commencement Date") and
shall remain in effect unless and until terminated pursuant to the applicable terms hereof. This
MOU shall automatically terminate five (5) years from the Commencement date, unless
extended or sooner terminated as provided herein.
2. HBFOF RESPONSIBILITIES.
HBFOF shall solicit, receive, distribute and administer funds, donations or resources and
grants of materials, services and funds, with the prior approval of the HBFOF Board of
Directors.
HBFOF will not solicit, receive, accept, or distribute any donations or grants in the name
of the City and/or the Fire Department, including utilizing official City or Departmental logos or
images.
HBFOF shall administer funds provided to the HBFOF in accord with the grantee's
intended future use, including enhancement to Fire, Volunteer Programs, and Community
Outreach services.
3. CITY'S RESPONSIBILITIES.
A. City at its sole discretion will provide limited support to assist HBFOF in
administering programs, including temporary and occasional use of City
office space, materials, equipment, postage and mail handling services.
Use of City resources is on a limited basis and only to the extent that the
resources are available. The City Manager shall determine the level of
City resources to be allocated/utilized to the HBFOF.
B. City shall have no duty or obligation of any kind to HBFOF, to HBFOF's
volunteers, officers, directors, agents, vendors or subcontractors, to
provide compensation to funds resulting from or arising out of this MOU.
4. CONFLICT OF INTEREST.
HBFOF and its agents and volunteers shall comply with all applicable Federal, State, and
City laws and regulations governing conflict of interest.
5. RECORDS AND AUDIT.
A. HBFOF shall keep in accordance with generally accepted accounting
principles a full and complete record of all transactions in books of
account and/or other records reflecting all transactions relating to the
funds generated or transferred pursuant to this MOU.
B. City shall have the right at all reasonable times during the term of this
MOU and for a period of five (5) yeas after termination or expiration to
examine, audit, inspect, review, extract information from, and copy all
books, records, accounts, and other documents of HBFOF relating to the
funds generated or transferred pursuant to this MOU. HBFOF shall make
such books and records available for inspection by the City during
regular business hours and HBFOF shall cooperate fully with the City
and its representatives in any audit.
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6. TERMINATION.
The City or HBFOF may terminate this MOU for any reason immediately by providing
written notice. All operations under this MOU shall cease following written notice of
termination, and City's obligations under this MOU shall cease on that date.
7. PROGRAM ADMINISTRATION.
This MOU will be administered by the HBFOF Board of Directors and the City Manager
in consultation with the Fire Department. HBFOF shall provide a representative to be available
to City for consultation and assistance during the term of this MOU.
8. ASSIGNMENT
This MOU, or any provision hereof or any right or obligation arising hereunder, is not
assignable by either party in whole or in part, without the express written consent of the other
party.
9. NONDISCRIMINATION AND CIVIL RIGHTS COMPLIANCE.
A. HBFOF hereby certifies and agrees that it will comply with the Title VI of
the Civil Rights Act of 1975, Title IX of the Education Amendments of
1972, where applicable, and Title 43, Part 17 of the Code of Federal
Regulations, Subparts A and B, to the end that no persons shall, on the
ground of race, creed, color, national origin, political affiliation, marital
status, sex, age or handicap, be subjected to discrimination under the
privileges and use granted by this MOU or under any project, program or
activity supported by this MOU.
B. HBFOF certifies and agrees that all persons employed thereby, are and
shall be treated equally without regard to or because of race, creed, color,
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national origin, political affiliation, marital status, sex, age or handicap
and in compliance with all federal and state laws prohibiting
discrimination in employment, including, but not limited to, the Federal
Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act;
and the State Fair Employment Practices Act.
C. HBFOF certifies and agrees that subcontractors, bidders and vendors
thereof are and shall be selected without regard to or because of race,
creed, color, national origin, political affiliation, marital status, sex, sexual
orientation, age or handicap.
D. All employment records shall be open for inspection at any reasonable
time during the term of this MOU for the purpose of verifying the practice
of nondiscrimination by HBFOF in the areas heretofore described.
E. If City finds that any of the above provisions have been violated, the same
shall constitute a material breach of this MOU and the City may
immediately terminate, or suspend this MOU.
10. POLITICAL ACTIVITIES.
Nothing contemplated in this MOU shall be for the purpose of promoting any political
member or activities.
11. COMPLIANCE WITH LAWS.
HBFOF and City agree to be bound by all applicable Federal, State and City laws,
ordinance, and directives insofar as they pertain to the performance of this MOU.
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12. GOVERNING LAW.
This MOU shall be construed in accordance with and governed by the laws of the State of
California.
13. SEVERABILITY.
The invalidity in whole or in part of any provision of this MOU shall not void or affect
the validity of any other provision.
14. NOTICE.
Any notice or notices required or permitted to be given pursuant to this MOU may be
personally served on the other party by the party giving such notice, or may be served by
certified mail, postage prepaid,return receipt requested.
All notices to City shall be sent addressed to the following:
City Manager
City of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
All notices to HBFOF shall be sent addressed to the following:
Fire Chief
Huntington Beach Fire Department
2000 Main Street
Huntington Beach CA 92648
15. MISCELLANEOUS.
A. This MOU shall not be amended nor any provision or default waived
except in writing signed by the parties.
B. This MOU constitutes the entire understanding between parties and
supersedes all other MOUs, oral or written, with respect to the subject
matter herein.
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I Page .
C. This MOU is not intended to and shall not be construed to create a
principal-agent relationship between the City and HBFOF and HBFOF
shall not hold itself out as an agent of the City or its Fire Department.
This MOU is not intended to and shall not be construed to create a
partnership,joint venture or any other relationship between the parties.
(SIGNATURES ON FOLLOWING PAGE)
..._... ...................
... .. ............... . ............
7 Page
IN WITNESS WHEREOF, HBFOF hereto have caused these presents to be duly
executed with all the formalities required by law on the respective dates set forth opposite their
signatures.
HB Fire Outreach Foundation:
Chair of the B &?7
Board
September 3 , 2019 y
(/Signatur
Name � N
4 I-hiq;k
(Print Name)
Title /✓� � �
Treasurer of the rd:
September 3 , 2019 By
signature) `
Name
rint Name)
Title
"City"
CITY OF HUNTINGTON BEACH,
A municipal corporation
By
Manager
This MOU is approved as to form on
. 2019
ICHAEL E. GATES, City Attorney
81Pa8e