Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Huntington Beach Police and Community Foundation (HBPCF) - 2024-03-05 (2)
NMTWCTo 2000 Main Street, o� s;.Pa 4,,. A-- _ City of Huntington Beach Huntington Beach,CA Vi = APPROVED 6-0-1 cF�DUNTV�P `� (STRICKLAND—ABSENT) File #: 24-466 MEETING DATE: 7/16/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Eric Parra, Chief of Police PREPARED BY: Lt. Thoby Archer and Exec. Asst. Ingrid Ono Subject: Approve and authorize the execution of a Memorandum of Understanding (MOU) with the Huntington Beach Police and Community Foundation (HBPCF) Statement of Issue: The Huntington Beach Police and Community Foundation (HBPCF) is a non-profit organization that provides support to the City of Huntington Beach and the Huntington Beach Police Department through various means and desires to formalize the relationship through a memorandum of understanding. Financial Impact: A memorandum of understanding will benefit the City of Huntington Beach, as fundraising efforts from the HBPCF are realized as direct costs benefitting the City of Huntington Beach. Recommended Action: Approve and authorize the City Manager execute the "Memorandum of Understanding between the Huntington Beach Police and Community Foundation and the City of Huntington Beach." Alternative Action(s): Do not approve and direct staff accordingly. Analysis: The Huntington Beach Police and Community Foundation is a non-profit organization that has distributed over $1,000,000 since its inception. The HBPCF has supported the City of Huntington Beach and the Police Department by contributing to scholarships, Shop with a Cop, the HBPD Awards Banquet, Special Olympics, Mounted Enforcement Unit, HBPD K-9 Unit, Baker to Vegas, and the HBPD K-9 training facility currently under construction. City of Huntington Beach Page 1 of 2 Printed on 7/10/2024 poweredEbl LegistarTM File #: 24-466 MEETING DATE: 7/16/2024 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. Memorandum of Understanding between the Huntington Beach Police and Community Foundation and the City of Huntington Beach 2. Previous Memorandum of Understanding between the Huntington Beach Police and Community Foundation and the City of Huntington Beach from 2018 • City of Huntington Beach Page 2 of 2 Printed on 7/10/2024 powered Legistarl"" MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered, as of March 5, 2024, by and between HUNTINGTON BEACH POLICE AND COMMUNITY FOUNDATION ("HBPCF"), a California nonprofit corporation and the CITY OF HUNTINGTON BEACH, a municipal corporation, ("City"). RECITALS WHEREAS, HBPCF was incorporated for the purpose of assisting and promoting public safety in the City; and Public safety in the City can be expanded with the assistance of private individuals and organizations; and City and HBPCF desire to memorialize the terms and conditions whereby HBPCF proposes to provide minimal or limited resources to enhance the City's public safety services; and HBPCF 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 HBPCF do hereby agree to the following: 1. TERM. The term of this MOU shall commence on March 5, 2024 (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 as agreed upon by both parties or sooner terminated as provided herein. 2. HBPCF'S RESPONSIBILITIES. HBPCF shall solicit, receive, distribute and administer funds, donations or resources and grants of materials, services and funds, with the prior approval of the HBPCF Board of Directors and The City Manager. Examples of fundraising activities are, but not limited to, Cars `N Copters by the Coast, Nick Vella Memorial Beach Ride, HBPD Annual Awards Program and 3/1 Marines Run. HBPCF will not solicit, receive, accept, or distribute any donations or grants in the name of the City and/or the Police Department, including utilizing official City or Departmental logos or images. HBPCF shall administer funds provided to the HBPCF in accord with the grantee's intended future use, including but not limited to, enhancement of Police, Youth Programs, and Crime Prevention services. 1 3. CITY'S RESPONSIBILITIES. A. City at its sole discretion will provide limited City staff support to assist HBPCF in administering programs, including the temporary and occasional use of City office space, materials, equipment, postage and mail handling services. Use of City 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 HBPCF. B. City shall have no duty or obligation of any kind to HBPCF,to HBPCF's employees, officers, agents, vendors or subcontractors, to provide compensation or funds resulting from or arising out of this MOU. 4. CONFLICT OF INTEREST. HBPCF and its agents and employees shall comply with all applicable Federal, State, and City laws and regulations governing conflict of interest. HBPCF will make available to its agents and employees copies of all applicable Federal, State, and City laws and regulations governing financial disclosure and conflict of interest. HBPCF does not and will not perform services for any other entity which would create a conflict, whether monetary or otherwise. 5. HOLD HARMLESS HBPCF 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 including any and all HBPCF activities or responsibilities or HBPCF's 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. 6. GENERAL LIABILITY INSURANCE In addition to workers' compensation insurance and HBPCF's covenant to indemnify City, HBPCF shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify HBPCF, its officers, agents, including HBPCF Representatives, 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 officers, elected or appointed officials, employees, agents and volunteers (the "Additionally Insured Parties") as Additional Insureds and shall specifically provide that any other insurance coverage which may be applicable shall be deemed excess coverage and that HBPCF insurance shall be primary and non-contributory with any other valid and collectible 2 insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to HBPCF shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of City, however, an insurance policy "deductible" of$5,000.00 is permitted. HBPCF shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required by SOCIETY by this Agreement. 7. CERTFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencement of this MOU, HBPCF shall furnish to City, certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this MOU, these certificates shall (a) Provide the name and policy number of each carrier and policy, (b) State that the policy is currently in force; and (c) Promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of CITY. HBPCF shall maintain the foregoing insurance coverage in force during the entire term of the MOU or any renewals or extension thereof or during any holdover period. The requirements for carrying the foregoing insurance coverage shall not derogate from HBPCF's defense, hold harmless and indemnification obligations as set forth in this MOU. City or its representatives shall at all times have the right to demand the original or a copy of any or all the policies of insurance. HBPCF shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. HBPCF shall provide a separate copy of the additional insured endorsement to each of HBPCF's insurance policies, naming the Additionally Insured Parties as Additional Insured, to the City Attorney for approval prior to any payment hereunder. A statement on an insurance certificate will not be accepted in lieu of the actual endorsement. HBPCF shall require all subcontractors to name HBPCF, its officers, employees and agents, and the Additionally Insured Parties as Additional Insureds on all subcontractor insurance policies using ISO form number CG 20 28 04 13 or coverage at least as broad. HBPCF shall verify that every subcontractor policy endorsement compiles with the requirements set forth herein. 3 8. RECORDS AND AUDIT. • A. HBPCF 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) years after termination or expiration to examine, audit, inspect, review, extract information from, and copy all books, records, accounts, and other documents of HBPCF relating to the funds generated or transferred pursuant to this MOU. HBPCF shall make such books and records available for inspection by the City during regular business hours and HBPCF shall cooperate fully with the City and its representatives in any audit. 9. TERMINATION. The City or HBPCF may terminate this MOU for any reason upon thirty (30) days' written notice. All operations under this MOU shall cease on and after the thirtieth(30th) day following written notice of termination, and City's obligations under this MOU shall cease on that date. In the event that the City determines that the policies or programs of HBPCF conflict with the purposes of this MOU, City may immediately terminate this MOU, and HBPCF shall be entitled to no further services from City. 10. PROGRAM ADMINISTRATION. This MOU will be administered by the HBPCF Board of Directors and the City Manager in consultation with the Police Department. HBPCF shall provide a representative to be available to City for consultation and assistance during the term of this MOU. 11. 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. 12. NONDISCRIMINATION AND CIVIL RIGHTS COMPLIANCE. A. HBPCF 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. 4 B. HBPCF certifies and agrees that all persons employed thereby, are and shall be treated equally without regard to or because of race, creed, color, 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. HBPCF certifies and agrees that subcontractors, bidders and vendors thereof are and shall be selected without regard to or because of race, creed, color, national origin, political affiliation, marital status, sex, sexual orientation, age or handicap. D. All employment records shall be open for inspection at any reasonable time during the term of this MOU for the purpose of verifying the practice of nondiscrimination by HBPCF 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. 13. POLITICAL ACTIVITIES. Nothing contemplated in this MOU shall be for the purpose of promoting any political activities. 14. COMPLIANCE WITH LAWS. HBPCF 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. 15. GOVERNING LAW. This MOU shall be construed in accordance with the governed by the laws of the State of California. 16. 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. 17. 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. 5 All notices to City shall be sent addressed to the following: Chief of Police Huntington Beach Police Department 2000 Main St., PO Box 70 Huntington Beach, California 92648 All notices to HBPCF shall be sent addressed to the following: President of the Board P.O. Box 4538 Huntington Beach, California 92648 18. 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. C. This MOU is not intended to and shall not be construed to create a principal-agent relationship between the City and HBPCF and HBPCF shall not hold itself out as an agent of the City or its Police Department. This MOU is not intended to and shall not be construed to create a partnership,joint venture or any other relationship between the parties. (SIGNATURES ON FOLLOWING PAGE) • IN WITNESS WHEREOF, HBPCF 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. Huntington Beach Police and Community INITI D ZDcP R ED: Fo tion Chief of Police B 'l`19 A)(k)E- 1 an']lD3C)&_) REVI D A APrR ED: print name ITS: (circle one) Chairman/President/Vice President City anager AND • By: keio( APPROVED AS 17/1/77-1(/( T v/ City Attorney print name ITS: (circle one) Executive Director/Chief Financial Officer/Secretary - Treasurer 7 %.2-4/ A CERTIFICATE OF LIABILITY INSURANCE D09/21/20 3Y� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES.NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER: IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Dianne Thompson,Agent NAAMEAOT Jessica Vasquez 7923 Warner Ave#A (A/co.NN .Ext):714-698-0202 is c.Not: Huntington Beach,CA 92647 ADDRESS:Jessica@diannethompson.net ��. INSURER(S)AFFORDING COVERAGE NAIC 0 _ INSURER A:State Farm General Insurance Company 25151 INSURED HUNTINGTON BEACH POLICE AND INSURER B:State Farm Fire and Casualty Company 25143 _ COMMUNITY FOUNDATION INSURERC: _ _ PO BOX 4538 INSURER D: HUNTINGTN BCH CA 92605-4538 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS INSR WVD POLICY NUMBER IMMIDD!YYYYt IMMIDDIYYYYt A GENERAL LIABILITY Y 92-KA-T847-3 10/0112023 10/01/2024 EACH OCCURRENCE s 1,600,000 X COMMERCIAL GENERAL LIABILITY DAMAGE PREMISES(EaENTED oau epee) $ 300,000 X CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 X Business Pars Prop 10900 PERSONAL&ADV INJURY $ 2,000,000 LOSS INC 12 MONTH GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ >71 POLICY n jR& n LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT(Ea $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ g UMBRELLA LU1B — OCCUR 1 EACH OCCURRENCE $ EXCESS IJAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION I WC STATU- OTH- ANO EMPLOYERS'LIABILITY TORY LIMITS I ER ANY PROPRIETORIPARTNERIEXECUTIVE IT r Ny N 1 A E.L.EACH ACCIDENT $ OFFICE/MEMBER EXCLUDED? i (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under OFSCRIPTION OF OPERATIONS hNow E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) The Certificate holder Is hereby also listed as an additional insured. City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are included as Additional Insureds as respects to General Liability and Auto Liability,where required by contract or agreement. General Liability policy shall be Primary and Non-contributory with any other insurance In force for or which may be purchased by Additional Insureds,where required by contract or agreement. CERTIFICATE HOLDERCANCELLATION City of Huntington Beach, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main St ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA 92648. AUTHORIZED REPRESENTATIVE Dianne"7hompson I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1001486 132849.6 11-15-2010 I StateFarm- ADDITIONAL INSURED ENDORSEMENT OWNERS, LESSEES OR CONTRACTORS (FORM B) POLICY NUMBER(S): 92-KA-T847-3 EFFECTIVE: October 1 2023-October 1 2024 HUNTINGTON BEACH POLICE& NAMED INSURED: COMMUNITY FOUNDATION PO BOX 4538 HUNTINGTN BCH CA 92605-4538 NAME DE PERSON DR ORGANIZATION: HUNTINGTON BEACH POLICE AND COMMUNITY FOUNDATION ADDITIONAL INSUREDS: HUNTINGTON BEACH POLICE&COMMUNITY FOUNDATION PO BOX 4538 HUNTINGTN BCH CA 92605-4538 CITY OF HUNTINGTON BEACH ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES, AGENTS AND VOLUNTEERS WHO IS AN INSURED,UNDER SECTION II DESIGNATION OF INSURED,IS AMENDED TO INCLUDE AS AN INSURED THE PERSON OR ORGANIZATION SHOWN ABOVE, BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF YOUR WORK FOR THAT INSURED BY OR FOR YOU. THE INSURANCE AFFOREDED BY THE POLICY FOR THE ADDITIONAL INSURED(S) IS PRIMARY INSURANCE AND ANY OTHER INSURANCE MAINTAINED BY OR AVAILABLE TO THE ADDITIONAL INSURED(S) IS NON CONTRIBUTORY. £Statefiarnr' NAMED INSURED:HUNTINGTON BEACH POLICE& COMMUNITY FOUNDATION PO BOX 4538 HUNTINGTN BCH CA 92605-4538 ADDITIONAL INSUREDS: HUNTINGTON BEACH POLICE&COMMUNITY FOUNDATION PO BOX 4538 HUNTINGTN BCH CA 92605-4538 CITY OF HUNTINGTON BEACH ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES, AGENTS AND VOLUNTEERS "Notice of Cancellation will be sent to Additional Insured 30 days prior to the expiration of the above policies* The insurance to the Additional Insured, as set forth in the FE-6324 Endorsement shall be Primary,but only with respects with claims made or suits for damages for which our named insured is provided coverage and which arises out of our contributory as respects coverage afforded for our Named Insured. All others provisions of policy apply. Resolution No. 2008-63 S f 1ty CITY OFHUNTI GTON BEACH . 2000 Main Street, Huntington Beach, CA 92648-2702 10 Hu,,,;n . DECLARATION OF PERMITTEE certify that no vehicle(s) will be used or operated in the performance of the task(s) or event(s) for which this permit is granted. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued in connection with or in the performance of said task(s) or events(s) if any vehicle(s) is used. Signature of Permittee: k,1661 Print Name: Cynthia Ford Company Name (if applicable): Huntington Beach Police & Community Foundation Date Signed: 10/12/23 16407 EXHIBIT 1 ATTACHMENT #5 Resolution No. 2008-63 SufY(ity , , D ICI �1�Y OF HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648-2702 Huntil ach Declaration of Non-Employer Status The State of California requires every enterprise or business to provide workers compensation insurance coverage. If you have no employees, you may make a declaration to that effect by completing and signing this form and returning to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 I certify that in the performance of the activity or work for which this permit is issued, l shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. Company / Organization: Huntington Beach Police & Community Foundation Address: PO Box 4538 Huntington Beach, CA 92605 Applicant [please print]: Cynthia Ford Title, if any: Administratr Applicant's Signature: 4pilita. 161W PP g Date Signed: 10 12/23 Telephone Number: 657-250-8781 ATTACHMENT #7 2aWari1111 STATE FARM GENERAL INSURANCE COMPANY A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON,ILLINOIS RENEWAL DECLARATIONS (`moo e BoBoxm gton IL 6i702 29i5 Policy Number 92-KA-T847-3 Named Insured Policy Period Effective Date Expiration Date AT2 004168 3125M-23-1424-FB92 F N 12 Months OCT 1 2023 OCT 1 2024 The policy period begins and ends at 12:01 am standard HUNTINGTON BEACH POLICE & COMMUNITY FOUNDATION time attie premiseslocatton. PO BOX 4538 HUNTINGTN BCH CA 92605-4538 Agent and Mailing Address DIANNE THOMPSON 7923 WARNER AVE STE A 1111111111+111"1111111111mlinliltl11r11111l1'11l1lll1 HUNTINGTN BCH GA 92647-'4720 PHONE: C714) 698-0202 0 Businessowners Policy Automatic Renewal-If the policy period is shown as 12 months,this policy will be renewed automatically subjectto the premiums,rules and forms in effect for each succeeding policy period.If this policy is terminated,we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. Entity: Corporation NOTICE: Information concerning changes in your policy language is included. Please call your agent if you have any questions. POLICY PREMIUM $ 862.00 Discounts Applied: Years in Business • i� ti'd Mk al 40 g/1 olc90 g7.6 ), 0 • Prepared JUL 19 2023 ©Copyright,State Farm Mutual Automobile Insurance Company,20D8 CMP-4000 Includes copyrighted material of Insurance Services Office,Inc.,with its permission,: 60 026164 294 I Continued on Reverse Side of Page Page 1 of 7 E 1Y Fan.nan n 9 nc_at 9n11 M 26164 RENEWAL DECLARATIONS(CONTINUED) Businessowners Policy for HUNTINGTON BEACH POLICE& Policy Number 92-KA-T847-3 SECTION I -PROPERTY SCHEDULE Location Location of Limit of insurance* Limit of Insurance* Seasonal Number Described Increase- Premises Coverage A- Coverage B- Business Buildings Business Personal Personal Property Property 001 16131 GOTHARD ST STE H No Coverage $ 10,900 25% HUNTINGTN BCH CA 92647-3650 *As of the effective date of this policy,the Limit of Insurance as shown includes any increase in the limit due to Inflation Coverage. SECTION I-INFLATION'COVERAGE INDEX(ES) Cov A- Inflation Coverage Index: N/A Coy B- Consumer Price Index: 304.1 SECTION I- DEDUCTIBLES Basic Deductible $1,000 Special Deductibles: Money and Securities $250 Equipment Breakdown $1,000 Other deductibles may apply- refer to policy. • • Prepared JUL 19 2023 ®Copyright,State Farm Mutual Automobile Insurance Company,200E CMP-4000 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 026164 Continued on Next Page gage 2 of 7 ii M 26164 OC�x' RENEWAL DECLARATIONS(CONTINUED) Businessowners Policy for HUNTINGTON BEACH POLICE& Policy Number 92-KA-T847-3 S SECTION I-EXTENSIONS OF COVERAGE-LIMIT OF INSURANCE- EACH DESCRIBED PREMISES The coverages and corresponding limits shown below apply separately to each described premises shown in these Declarations,unless indicated by"See Schedule." If a coverage does not have a corresponding limit shown below, but has"Included" indicated,please refer to that policy provision for an explanation of that coverage. COVERAGE LIMIT OF INSURANCE Accounts Receivable On Premises $10,000 Off Premises $5,000 Arson Reward $5,000 Collapse Included Damage To Non-Owned Buildings From Theft, Burglary Or Robbery Coverage B Limit Debris Removal 25%of covered loss Equipment Breakdown Included Fire Department Service Charge $2,500 Fire Extinguisher Systems Recharge Expense $5,000 Forgery Or Alteration $10,000 Glass Expenses Included Increased Cost Of Construction And Demolition Costs(applies only when buildings are, 10% insured on a replacement cost basis) Money And Securities (Off Premises) $2,000 Money And Securities(On Premises) $5,000 Money Orders And Counterfeit Money $1,000 Newly Acquired Business Personal Property(applies only if this policy provides $100,000 Coverage B- Business Personal Property) Newly Acquired Or Constructed Buildings (applies only if this policy provides $250,000 Coverage A- Buildings) Prepared JUL 19 2023 ®Copyright State Farm Mutual Automobile Insurance Company,200B CMP-4000 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 62 026165 294 Continued on Reverse Side of Page Page 3 of 7 E M 26164 RENEWAL DECLARATIONS(CONTINUED) Businessowners Policy for HUNTINGTON BEACH POLICE & Policy Number • 92-KA-T847-3 Ordinance Or Law- Equipment Coverage Included Outdoor Property $5,000 Personal Effects(applies only to those premises provided Coverage B - Business $2,500 Personal Property) Personal Property Off Premises $15,000 Pollutant Clean Up And'Removal $10,000 Preservation Of Property 30 Days Property Of Others (applies only to those premises provided Coverage B -Business $2,500 Personal Property) Signs $2,500 Valuable Papers And Records On Premises $10,000 Off Premises $5,000 SECTION I- EXTENSIONS OF COVERAGE-LIMIT OF INSURANCE- PER POLICY The coverages and corresponding limits shown below are the most we will pay regardless of the number of described premises shown in these Declarations. • LIMIT OF COVERAGE INSURANCE Loss Of Income And Extra Expense Actual Loss Sustained- 12 Months SECTION II-LIABILITY LIMIT OF COVERAGE INSURANCE Coverage L-Businesstiability $1,000,000 Prepared JUL 19 2023 ®Copyright,State Farm Mutual Automobile Insurance Company,20DB CMP-4000 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 63 026165 Continued on Next Page Page 4 of 7 SatateFarm M 26164 RENEWAL DECLARATIONS(CONTINUED) Businessowners Policy for HUNTINGTON BEACH POLICE & Policy Number 92-KA-T847-3 Coverage M-Medical Expenses (Any One Person), $10,000 Et: Damage To Premises Rented To You $300,000 AGGREGATE LIMITS LIMIT OF INSURANCE N Products/Completed Operations Aggregate $2,000,000 General Aggregate $2,000,000 Each paid claim for Liability Coverage reduces the amount of insurance we provide during the applicable annual period. Please refer to Section II -Liability in the Coverage Form and any attached endorsements. Your policy consists of these Declarations, the BUSINESSOWNERS COVERAGE FORM shown below, and any other forms and endorsements that apply, including those shown below as well as those issued subsequent to the issuance of this policy. FORMS AND ENDORSEMENTS CMP-4101 Businessowners Coverage Form. FE-6999.3 *Terrorism Insurance Coy Notioe CMP-4260.1 Amendatory Endorsement-CA • CMP-4261 Amendatory Endorsement CMP-4705.2 Loss of Income & Extra Expense CMP-4709 Money and Securities CMP-4804 Addl Ind Club Members FD-6007 Inland Marine Attach Dec *New Form Attached • Prepared JUL 19 2023 ©Copyright,State Farm Mutual Automobile Insurance Company,2008 CMP-4000 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.. 64 026166 294 Continued on Reverse Side of Page Page 5 of 7 E M 26164 RENEWAL DECLARATIONS(CONTINUED) Businessowners Policy for HUNTINGTON BEACH POLICE& Policy Number 92-KA-T847-3 This policy is issued by the State Farm General Insurance Company. Participating Policy You are entitled to participate in a distribution of the earnings of the company as determined by our Board of Directors in accordance with the Company's Articles of Incorporation,as amended. In Witness Whereof,the State Farm General Insurance Company has caused this policy to be signed by its President and Secretary at Bloomington, Illinois. *-mt.e.,)11..)rpmagt., 4,111,41074. Secretary President IMPORTANT NOTICE: California law requires us to provide you with information for filing complaints with the State Insurance Department regarding the coverage and service provided under this policy. Your agent's name and contact information are provided on the front of this document.Another option is to reach out by mail or phone directly to: State Farm®Executive Customer Service PO Box 2320 Bloomington IL 61702 Phone#1-800-STATEFARM(1-800-782-8332) Department of Insurance complaints should be filed only after you and State Farm or your agent or other company representative have failed to reach a satisfactory agreement on a problem. California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles,CA 90013 Phone#1-800-927-HELP(4357)or visit www.insurance.ca.uov/01-consumers Prepared JUL 19 2023 ©Copyright,State Farm Mutual Automobile Insurance Company,200E CMP-4000 includes copyrighted material of Insurance Services Office,Inc.,with its permission. 65 026166 Continued on Next Page Page 6 of 7 StateF•FM M 26164 El RENEWAL DECLARATIONS(CONTINUED) Businessowners Policy.for HUNTINGTON BEACH POLICE& Policy Number 92-KA-T847-3 NOTICE TO POLICYHOLDER: s For a comprehensive description of coverages and forms,please refer to your policy. Policy changes requested before the "Date Prepared",which appear on this notice,are effective on the Renewal Date II of this policy unless otherwise indicated by a separate endorsement,binder, or amended declarations. Any coverage forms attached to this notice are also effective on the Renewal Date of this policy. Policy changes requested after the "Date Prepared"will be sent to you as an amended declarations or as an endorsement to your policy. Billing for any additional premium for such changes will be mailed at a later date. If,during the past year,you've acquired any valuable property items, made any improvements to insured property, or have any questions about your insurance coverage,contact your State Farm agent Please keep this with your policy. Your coverage amount.... It is up to you to choose the coverage and limits that meet your needs. We recommend that you purchase a coverage limit equal to the estimated replacement cost of your structure. Replacement cost estimates are available from building contractors and replacement cost appraisers, or, your agent can provide an estimate from Xactware, Inc®using information you provide about your structure. We can accept the type of estimate you choose as long as it provides a reasonable level of detail about your structure. State Farm does not guarantee that any estimate will be the actual future cost to rebuild your structure. Higher limits are available at higher premiums. Lower limits are also available, as long as the amount of coverage meets our underwriting requirements.We encourage you to periodically review your coverages and limits with your agent and to notify us of any changes or additions to your structure. Prepared JUL 19 2023 ©Copyright,State Farm Mutual Automobile Insurance Company,2DD8 CMP-4000 Includes copyrighted material of Insurance Services Office,Inc„with its permission. 66 026167 294 E Page 7 of 7 92-KA-T847-3 M 26164 67 026167 StafreFarm? STATE FARM GENERAL INSURANCE COMPANY A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON,ILLINOIS INLAND MARINE ATTACHING DECLARATIONS a • aom°ngfon IL 6 1 702-29 15 Policy Number 92-KA-T847-3 Named Insured Policy Period Effective Date Expiration Date M-23-1424-FB92 F N 12 Months OCT 1 2023 OCT 1 2024 The policyperiod begins and ends at12:01 am standard HUNTINGTON BEACH POLICE & COMMUNITY FOUNDATION time ate premisesTocaBon. • PO BOX 4538 r* HUNTINGTN BCH CA 92605-4538 0 0 ATTACHING INLAND MARINE Automatic Renewal-If the policy period is shown as 12 months,this policy will be renewed automatically subject to the premiums,rules and forms in effect for each succeeding policy period.If this policy is terminated,we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. Annual Policy Premium Included The above PremiumAmountis included in the Policy Premium shown on the Declarations. • Your policy consists of these Declarations,the INLAND MARINE CONDITIONS shown below,and any other forms and endorsements that apply,including those shown below as well as those issued subsequentto the issuance of this policy. Forms,Options,and Endorsements FE-8739 Inland Marine Conditions FE-6271 Amendatory Endorsement FE-8745 Inland Marine Computer Prop See Reverse for Schedule Page with Limits Prepared JUL 19 2023 • ©Copyright,State Farm Mutual Automobile Insurance Company,2008 FD-6007 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 68 026168 530.605a.2 05-31-2011 1o1132320 92-KA-T847-3 —- M 26164 ATTACHING INLAND MARINE SCHEDULE PAGE ATTACHING INLAND MARINE ENDORSEMENT LIMIT OF DEDUCTIBLE ANNUAL NUMBER COVERAGE INSURANCE AMOUNT PREMIUM FE-8745 Inland Marine Computer Prop $ 25 70 0 0 $ 5 0 0 Included Loss of Income and Extra Expense $ 25 70 0 0 Included • } ' OTHER LIMITS AND EXCLUSIONS MAY APPLY-REFER TO YOUR POLICY - Prepared JUL 19 2023 ©Copyright,State Farm Mutual Automobile Insurance Company,2008 FD-6007 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. • 69 026166 530-586 e.2 05.31-2011 10113 0 *"70‘n"°'n 92-KA-T847-3 026169 I FE-6999.3 Page 1 of In accordance with the Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization Act of 2019,this disclosure is part of your policy. POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE . ,,. '' Coverage for acts of terrorism is not excluded from your policy. 2020 of covered terrorism losses exceeding the statutorily estab- However your policy does contain other exclusions which maybe lished deductible paid by the insurance company providing the applicable, such as an exclusion for nuclear hazard. You are coverage.The Terrorism Risk Insurance Act,as amended,con- hereby notified that the Terrorism Risk Insurance Act as tains a$100 billion cap that limits U.S. Government reimburse- amended in 2019,defines an act of terrorism in Section 102(1)of ment as well as insurers'liability for losses resulting from certified the Act:The term"act of terrorism"means any act that is certified acts of terrorism when the amount of such losses exceeds$100 by the Secretary of the Treasury—in consultation with the Secre- billion in any one calendar year. If the aggregate insured losses tary of Homeland Security, and the Attorney General of the for all insurers exceed $100 billion, your coverage may be re- United States—to bean act of terrorism;to be a violent actor an duced. act that is dangerous to human life,property,or infrastructure;to have resulted in damage within the United States,or outside the There is no separate premium charged to cover insured United States in the case of certain air carriers or vessels or the losses caused by terrorism.Your insurance policy establishes premises of a United States mission;and to have been commit the coverage that exists for insured losses. This notice does ted by an individual or individuals as part of an effort to coerce the not expand coverage beyond that described in your policy. civilian population of the United States or to influence the policy THIS IS YOUR NOTIFICATION THAT UNDER THE TERROR- or affect the conduct of the United States Govemment by coer- ISM RISK INSURANCE ACT, AS AMENDED, ANY LOSSES cion.Under this policy,any covered losses resulting from certified RESULTING FROM CERTIFIED ACTS OF TERRORISM UN- acts of terrorism maybe partially reimbursed by the United States DER YOUR POLICY MAY BE PARTIALLY REIMBURSED BY Government under a formula established by the Terrorism Risk THE UNITED STATES GOVERNMENT AND MAY BE SUB- Insurance Act,as amended.Under the formula,the United States JECT TO A$100 BILLION CAP THAT MAY REDUCE YOUR Government generally reimburses 80%beginning on January 1, COVERAGE. FE-6999.3 ©, Copyright,State Farm Mutual Automobile Insurance Company,2020 70 92-KA-T847-3 026169 M 26164 71 _W ' 92-KA-T847-3 026170 I 0 553.4370 CA IMPORTANT NOTICE Anti-Fraud Disclosure t. For your protection California law requires notification of the following disclosure: Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to 7 make a claim for the payment of a loss is guilty of a crime and may be subject to fines and,confinement in state _ prison. 553-4370 CA • • • 72 92-KA-1847-3 026170 M 26164 73 00 State FarmlM ADDITIONAL INSURED ENDORSEMENT OWNERS, LESSEES OR CONTRACTORS (FORM B) POLICY NUMBER(S): 92-KA-T847-3 92-G6-S487-3 EFFECTIVE: OCT 12022-OCT 12023 MAY 1 2022-MAY 12023 HUNTINGTON BEACH POLICE& NAMED INSURED: COMMUNITY FOUNDATION PO BOX 4538 HUNTINGTN BCH CA 92605-4538 NAME OF PERSON OR ORGANIZATION:HUNTINGTON BEACH POLICE AND COMMUNITY FOUNDATION ADDITIONAL INSUREDS: HUNTINGTON BEACH POLICE&COMMUNITY FOUNDATION PO BOX 4538 HUNTINGTN BCH CA 92605-4538 CITY OF HUNTINGTON BEACH ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES, AGENTS AND VOLUNTEERS WHO IS AN INSURED, UNDER SECTION II DESIGNATION OF INSURED,IS AMENDED TO INCLUDE AS AN INSURED THE PERSON OR ORGANIZATION SHOWN ABOVE, BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF YOUR WORK FOR THAT INSURED BY OR FOR YOU. THE INSURANCE AFFOREDED BY THE POLICY FOR THE ADDITIONAL INSURED(S) IS PRIMARY INSURANCE AND ANY OTHER INSURANCE MAINTAINED BY OR AVAILABLE TO THE ADDITIONAL INSURED(S) IS NON CONTRIBUTORY. POLICY NUMBER(S): 92-KA-T847-3 92-G6-S487-3 EFFECTIVE: OCT 12022-OCT 12023 MAY 12022-MAY 12023 74 00 StateFar ,M NAMED INSURED:HUNTINGTON BEACH POLICE& COMMUNITY FOUNDATION PO BOX 4538 HUNTINGTN BCH CA 92605-4538 ADDITIONAL INSUREDS: HUNTINGTON BEACH POLICE& COMMUNITY FOUNDATION PO BOX 4538 HUNTINGTN BCH CA 92605-4538 CITY OF HUNTINGTON BEACH ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS **Notice of Cancellation will be sent to Additional Insured 30 days prior to the expiration of the above policies* The insurance to the Additional Insured, as set forth in the FE-6324 Endorsement shall be Primary, but only with respects with claims made or suits for damages for which our named insured is provided coverage and which arises out of our contributory as respects coverage afforded for our Named Insured. All others provisions of policy apply. 75 �eut7\\ I N G T °� City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 0 o _ - - (714) 536-5227 • www.huntingtonbeachca.gov �.�F''� igugo'��� �s Office of the City Clerk c�UN Pof®� Robin Estanislau CityClerk July 18, 2024 President of the Board Huntington Beach Police and Community Foundation (HBPCF) P.O. Box 4538 Huntington Beach, CA 92648 To Whom It May Concern: Enclosed is a fully executed copy of the Memorandum of Understanding between Huntington Beach Police and Community Foundation and the City of Huntington Beach, approved by City Council on July 16, 2024. Sincerely, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City; Anjo, Japan Dept. ID PD-18-003 Page 1 of 2 Meeting Date:4/16/2018 f1PP, OVER 7-0 n VtSITZ: 2t Of r `'. yv 9 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION cFCp- MEETING DATE: 4/16/2018 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Robert Handy, Chief of Police SUBJECT: Approve and authorize execution of a Memorandum of Understanding (MOU) between the City of Huntington Beach and Huntington Beach Police and Community Foundation (HBPCF) Statement of Issue: In 2015, the Huntington Beach Police and Community Foundation (HBPCF) was formed as an independent 501.c.(3) corporation to foster support for the Huntington Beach Police Department (HBPD), the employees of the HBPD, and the Huntington Beach community. As the purpose of the HBPCF is to support the police department and its mission, the attached operating agreement defines roles and responsibilities. Financial Impact: There is no direct financial impact to the City. Recommended Action: Approve and authorize the City Manager to execute the five-year"Memorandum of Understanding" between the City of Huntington Beach and Huntington Beach Police and Community Foundation (HBPCF). Alternative Action(s): Do not approve and direct staff accordingly. Analysis: In 2015, the HBPCF was created as an independent nonprofit to support the police department, police employees, and the mission of the police department in the community. The HBPCF was created after unsuccessful attempts to fund several activities such as an awards ceremony to honor employees and youth programs targeting at-risk children in Huntington Beach. The HBPCF raises money through corporate and individual donations to directly support the HBPD, HBPD employees, and programs in the community that help foster a safer Huntington Beach. The HBPCF is managed by a Board of Directors representing the greater Huntington Beach community. The HBPCF Board is governed by Articles of Incorporation and Bylaws which are registered with the State of California. By approving the agreement, the City agrees to allow for minimal staff or resources not to exceed the benefit being provided to the Police Department by the HBPCF. The HBPCF agrees to maintain ex-officio board positions for the Police Chief and City Attorney, as well as other procedures, to ensure the City's interests are maintained. Item 5. - 1 RB -126- 76 Dept.ID PD-18-003 Page 2 of 2 Meeting Date:4/16/2018 Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1) Memorandum of Understanding HB -127_ YYem5. - 2 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered, as of April 16, 2018,by and between HUNTINGTON BEACH POLICE AND COMMUNITY FOUNDATION ("HBPCF"), a California nonprofit corporation and the CITY OF HUNTINGTON BEACH, a municipal corporation, ("City"). RECITALS WHEREAS, HBPCF was incorporated for the purpose of assisting and promoting public safety in the City; and Public safety in the City can be expanded with the assistance of private individuals and organizations; and City and HBPCF desire to memorialize the terms and conditions whereby HBPCF proposes to provide minimal or limited resources to enhance the City's public safety services; and HBPCF 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 HBPCF do hereby agree to the following: 1. TERM. The term of this MOU shall commence on April 17, 2018 (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. HBPCF'S RESPONSIBILITIES. HBPCF shall solicit, receive, distribute and administer funds, donations or resources and grants of materials, services and funds, or assist in such efforts as directed by the City and with the prior approval of the HBPCF Board of Directors and the City Manager. 1 78 HBPCF will not solicit, receive, accept, or distribute any donations or grants in the name of the City and/or the Police Department, including utilizing official City or Departmental logos or images. HBPCF shall administer funds provided to the HBPCF in accord with the grantee's intended future use, including enhancement of Police, Youth Programs, and Crime Prevention services. 3. CITY'S RESPONSIBILITIES. A. City at its sole discretion will provide limited City staff support to assist HBPCF in administering programs, including the temporary and occasional use of City office space, materials, equipment, postage and mail handling services. Use of City 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 HBPCF. B. City shall have no duty or obligation of any kind to HBPCF,to HBPCF's employees, officers, agents,vendors or subcontractors, to provide compensation or funds resulting from or arising out of this MOU. 4. CONFLICT OF INTEREST. HBPCF and its agents and employees shall comply with all applicable Federal, State, and City laws and regulations governing conflict of interest. HBPCF will make available to its agents and employees copies of all applicable Federal, State, and City laws and regulations governing financial disclosure and conflict of interest. HBPCF does not and will not perform services for any other entity which would create a conflict, whether monetary or otherwise. 5. RECORDS AND AUDIT. A. HBPCF 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. 2 79 B. City shall have the right at all reasonable times during the term of this MOU and for a period of five (5) years after termination or expiration to examine, audit, inspect, review, extract information from, and copy all books, records, accounts, and other documents of HBPCF relating to the funds generated or transferred pursuant to this MOU. HBPCF shall make such books and records available for inspection by the City during regular business hours and HBPCF shall cooperate fully with the City and its representatives in any audit. 6. TERMINATION. The City or HBPCF may terminate this MOU for any reason upon thirty (30) days' written notice. All operations under this MOU shall cease on and after the thirtieth (30th) day following written notice of termination, and City's obligations under this MOU shall cease on that date. In the event that the City determines that the policies or programs of HBPCF conflict with the purposes of this MOU, City may immediately terminate this MOU, and HBPCF shall be entitled to no further services from City. 7. PROGRAM ADMINISTRATION. This MOU will be administered by the HBPCF Board of Directors and the City Manager in consultation with the Police Department. HBPCF 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. HBPCF 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 3 80 privileges and use granted by this MOU or under any project, program or activity supported by this MOU. B. HBPCF certifies and agrees that all persons employed thereby, are and shall be treated equally without regard to or because of race, creed, color, 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. HBPCF certifies and agrees that subcontractors, bidders and vendors thereof are and shall be selected without regard to or because of race, creed, color, national origin, political affiliation, marital status, sex, sexual orientation, age or handicap. D. All employment records shall be open for inspection at any reasonable time during the term of this MOU for the purpose of verifying the practice of nondiscrimination by HBPCF 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 activities. 11. COMPLIANCE WITH LAWS. HBPCF 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. 12. GOVERNING LAW. This MOU shall be construed in accordance with the governed by the laws of the State of California. 4 81 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: Chief of Police Huntington Beach Police Department 2000 Main St., PO Box 70 Huntington Beach, California 92648 All notices to HBPCF shall be sent addressed to the following: President of the Board P.O. Box 4538 Huntington Beach, California 92648 15. MISCELLANEOUS. A. This MOU shall not be 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. C. This MOU is not intended to and shall not be construed to create a principal-agent relationship between the City and HBPCF and HBPCF shall not hold itself out as an agent of the City or its Police Department. This MOU is not intended to and shall not be construed to create a partnership,joint venture or any other relationship between the parties. (SIGNATURES ON FOLLOWING PAGE) 5 82 IN WITNESS WHEREOF, HBPCF 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. Huntington Beach Police and Community Foundati t '� 7 // , 2018 By Name ,E3/ he_ Title President of the oard , 2018 B Title Secretary "Foundation": "City" (SIGNATURES CONTINUED) , 2018 CITY OF HUNTINGTON BEACH, a municir c rp. ation �1 By it) 1 anager This MOU is approved as to form on 7 // , 2018. • C EL E. GATES, City Attorney 6 83 •• .cp .. �pPPOHq•••.•' City of Huntington Beach t� . 200o Main Street ♦ Huntington Beach, CA 92648 o Q (714) 536-5227 • www.huntingtonbeachca.gov CdbNTY P, 4 Office of the City Clerk ``4.4•40i�� Robin Estanislau, City Clerk April 18, 2018 President of the Board Huntington Beach Police and Community Foundation P.O. Box 4538 Huntington Beach, California 92648 Dear Mr./Ms. President: Enclosed is a fully executed copy of the "Memorandum of Understanding Between the Huntington Beach Police and Community Foundation and the City of Huntington Beach." Sincerely, q,6inezza,1444) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand 84