HomeMy WebLinkAboutHuntington Beach Police Officers' Foundation (HBPOF) - 2024-10-01 ��-. �Az�t 2000 Main Street,
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Cityof Huntington Beach 92648
i g APPROVED 6-1
(BURNS-NO)
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File#: 24-692 MEETING DATE: 10/1/2024
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: Ingrid Ono, Senior Executive Assistant
Subject:
Approve and authorize execution of a Memorandum of Understanding (MOU)with the
Huntington Beach Police Officers' Foundation (HBPOF)
Statement of Issue:
The Huntington Beach Police Officers' Foundation is a non-profit organization that promotes the
safety and welfare of its members who work for the Huntington Beach Police Department through
various programs and wishes to formalize its relationship with the City through a Memorandum of
Understanding.
Financial Impact:
Not applicable.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the "Memorandum of Understanding
between the Huntington Beach Police Officers' Foundation and the City of Huntington Beach."
Alternative Action(s):
Do not approve, and direct staff accordingly.
Analysis:
The Huntington Beach Police Officers' Foundation (HBPOF) was established on October 24, 2000,
with the mission of providing benefits to the spouses and children of officers killed in the line of duty
in California. Additionally, the foundation supports other organizations with similar goals, school and
youth activities in Orange County, and other charitable organizations. The HBPOF also provides
medical assistance to children of Huntington Beach Police Employees for conditions not covered by
health insurance.
Since its inception, the HBPOF has contributed over$1 million to organizations aligned with its
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File #: 24-692 MEETING DATE: 10/1/2024
mission. Since 2007, the foundation has hosted the annual Constable Classic Charity Golf
Tournament, with proceeds supporting a designated charity each year.
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. HBPOF Memorandum of Understanding
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MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING("MOU") is made and entered, as of
October 1st, ' 2024, by and between HUNTINGTON .BEACH POLICE OFFICERS'
FOUNDATION("HBPOF"),a California nonprofit corporation and the CITY OF HUNTINGTON
BEACH, a municipal corporation("City").
RECITALS
WHEREAS, HBPOF was incorporated for the purpose of assisting and promoting public
safety in the City;
WHEREAS, public safety in the City can be expanded with the assistance of private
individuals and organizations;
WHEREAS, City and HBPOF desire to memorialize the terms and conditions whereby
HBPOF proposes to provide minimal or limited resources to enhance the City's public safety
services; and
WHEREAS,HBPOF 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 HBPOF do hereby agree to the following:
1. TERM.
The term of this MOU shall commence on October 1st 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 sooner or terminated as provided herein.
2. HBPOF'S RESPONSIBILITIES.
HBPOF 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 HBPOF Board of Directors and the Police Chief.
HBPOF 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 Depaituuental logos
or images.
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3. CITY'S RESPONSIBILITIES.
A. City at its sole discretion will provide limited City staff support to assist
HBPOF 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 Police Chief shall
determine the level of City resources to be allocated/utilized to the
HBPOF.
B. City shall have no duty or obligation of any kind to HBPOF, to HBPOF's
employees, officers, agents,vendors or subcontractors,to provide
compensation or funds resulting from or arising out of this MOU.
4. CONFLICT OF INTEREST.
HBPOF and its agents and employees shall comply with all applicable Federal, State, and City
laws and regulations governing conflict of interest. HBPOF 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. HBPOF 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. HBPOF 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.
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 HBPOF relating to the
funds generated or transferred pursuant to this MOU. HBPOF shall make
such books and records available for inspection by the City during regular
business hours and HBPOF shall cooperate fully with the City and its
representatives in any audit.
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6. TERMINATION.
The City or HBPOF 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 HBPOF conflict with
the purposes of this MOU, City may immediately terminate this MOU, and HBPOF shall be
entitled to no further services from City.
7. PROGRAM ADMINISTRATION.
This MOU will be administered by the HBPOF Board of Directors and the Police Chief.
HBPOF 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 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. HBPOF 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. HBPOF 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
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Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act;
and the State Fair Employment Practices Act.
C. HBPOF 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 HBPOF 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.
HBPOF 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 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.
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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 HBPOF shall be sent addressed to the following:
President of the Board
P.O. Box 896
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 HBPOF and HBPOF
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]
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IN WITNESS WHEREOF, HBPOF 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.
,2024 Huntin ac P ice is ' •
By:
Name: MAR\ VtJ VNi£Qs C1k- wG—
Title: President
,2024 Huntin :e. P• ce O' icers'Foundation
By: Aar
Name: t(kv i Q /3v04 ??A
Title: Chief Financial Officer
,2024 "City"
City of Huntington Beach, a Municipal
Corporation
By: Fes'
Name:
Title: Police Chief
This MOU is approved as to form on
2a 2 ,2024.
C E. GA S,City Attorney
Gracey an Der Mark, Mayor
Robin Estanislau, City Clerk%&
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®�F • \c 00 Office of the City Clerk
°U N TY °\ ®® Robin Estanislau, City Clerk
October 3, 2024
Huntington Beach Police Officers' Foundation (HBPOF)
Attn: President of the Board
P.O. Box 896
Huntington Beach, CA 92648
President of the Board:
Enclosed is a fully executed copy of the Memorandum of Understanding between the
Huntington Beach Police Officers'Foundation and the City of Huntington Beach,
approved by the Huntington Beach City Council on October 1, 2024.
Sincerely,
ram, 9,6744441hAd
•
Robin Estanislau, CMC
City Clerk
RE:ds
Enclosure
Sister City: Anjo, Japan
Mr. Amory Hanson
8102 Ellis Avenue
Apartment 121
Huntington Beach CA 92646
October 1,2024
The Mayoress of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
My Dear Madam Mayoress,
I would like to express my support for Item XXI.
Sincerely Yours,
Mr.Amory Hanson
CC:The Honorable Patrick Burns
CC:The Honorable Rhonda Bolton
CC: The Honorable Daniel Kalmick
CC: The Honorable Casey McKeon
CC:The Honorable Natalie Moser
CC: The Honorable Anthony Strickland
SUPPLEMENTAL
COMMUNICATION
Meeting Date: 10/1/2024
Agenda Item No. 21 (24-692)