HomeMy WebLinkAboutC-3106 - Memorandum of Understanding, Harbor Cleanup ActivitiesCITY OF NEWPCNT 8(�Ajft J
ALIG 12 August 12,11996
Council Agenda
PPR�VED Item 8
To: Mayor and Members of the City Council C �„
From: Tim Riley, Fire and Marine Chief
Subject: Memorandum of Understanding between the City of Newport Beach
and the Boy Scouts of America regarding Harbor CIeanup Activities
RECOMMENDATION:
If desired, authorize the Mayor and City Clerk to execute the attached Memorandum of
Understanding between the City of Newport Beach and the Boy Scouts of America.
DISCUSSION:
The City of Newport Beach currently has two vessels used in debris removal within the
Newport Harbor. One vessel is an 18 -foot aluminum run about; the other is a Hamilton
Water Rake, donated to the City. As a result of recent budget constraints, the staffing
on these two vessels has been reduced to one employee three days a week. Depending
on the nature and location of the debris targeted for that particular day or week, we use
the vessel that is most appropriate.
• Recently we became aware that the Boy Scouts of America and the Sea Scout Base were
interested in becoming more involved in programs to enhance Newport Bay and would
be interested in providing some assistance in the funding and operation of harbor clean
up. Representatives of the Fire and Marine Department met with representatives of the
Boy Scouts of America and that meeting resulted in the attached Memorandum of
Understanding.
This Memorandum of Understanding and subsequent agreements could make available
skippers and crew to operate the Hamilton Water Rake. This has the potential of more
than doubling the amount of time spent on the water removing debris and also
providing manpower to handle special projects within the harbor for debris cleanup.
As mentioned in the Memorandum of Understanding, it will be necessary at a later
date, to draft specific written agreements which will establish respective responsibilities
and obligations of the parties, requirements for monitoring and recording of volunteer
hours, and specific procedures for the use of the "Water Rake." However, the signing
of this Memorandum of Understanding will be the first step toward a program to fund
and staff additional debris vessel time within the harbor.
The Memorandum of Understanding has been reviewed and approved as to form by
the City Attorney's Office.
u
• r
MEMORANDUM OF UNDERSTANDING •
This memorandum of understanding (MOU)
is made and entered into:
BY and BETWEEN The City of Newport Beach (hereinafter referred to
an "CNB ").
AND BOY SCOUTS OF AMERICA, ORANGE COUNTY
COUNCIL, INC., a California non - profit public
benefit corporation (hereinafter referred to as
"BSA ").
CNB and BSA are sometimes hereinafter jointly
referred to as the "Parties' and individually as a
"Party."
RECITALS:
WHEREAS, CNB has a mission to expand public knowledge and appreciation
of the natural resources of the harbor and keep it clean; and
WHEREAS, BSA is a premier, respected youth organization whose principle
purpose is to deliver traditional values to the youth of Orange
County through its outdoor programs utilizing adult volunteers;
and
WHEREAS, BSA has effectively delivered its program to a significant number
of the youth of Orange County for over 75 years and, during that
period, developed a mutually beneficial relationship with the
CNB staff; and
WHEREAS, BSA and CNB each recognize the mutual benefits of past
interaction between the Parties, and the potential future benefits
of joint programs and projects; and
WHEREAS, CNB desires to expand its use of the Hamilton Water Rake to keep
the harbor clean and is dedicated to providing a positive harbor
experience for Orange County youth; and
WHEREAS, BSA is dedicated to community service, preserving and protecting
the environment and desires to provide assistance to CNB by
encouraging and organizing their members and volunteers to
assist in the continued maintenance of the harbor; and
•
0
. WHEREAS, BSA has proposed and CNB is agreeable to considering the joint
operation of the Hamilton Water Rake to keep the harbor clean;
and
WHEREAS, CNB and BSA recognize that specific written agreements for such
collaboration will be required to establish (i) the respective
responsibilities and obligations of the Parties; (ii) requirements
for monitoring and reporting the volunteer hours; and (iii)
specific procedures for the use of the water rake; and
WHEREAS, It is in the mutual best interests of both CNB and BSA to enter into
a strategic alliance in order to accomplish the foregoing goals;
NOW, THEREFORE IN CONSIDERATION OF
THE PROMISES CONTAINED HEREIN,
BOTH PARTIES MUTUALLY AGREE AS FOLLOWS:
SECTION 1 TERM.
A. This MOU shall remain in full force and effect from the date of execution
by CNB and shall continue until terminated pursuant to Section 6 of this
MOU or superseded by a subsequent agreement of the Parties to
• implement this MOU as described in Section 4.
SECTION 2 PARTIES.
A. BSA Designated Representatives. BSA hereby designates the Scout
Executive of the Orange County Council or the Scout Executive's
nominee (hereinafter referred to as ( "BSA Representative') to be BSA's
liaison for all matters in regard to this MOU. As of the date of this MOU,
Kent Gibbs is the Scout Executive. The BSA Representative shall be
authorized to manage, coordinate and assure proper implementation of
services and activities specified herein.
B. CNB Designated Representative. CNB hereby designates Fire and
Marine Chief Timothy Riley (hereinafter referred to as "CNB
Representative ") to be CNB's liaison for all matters in regard to this
MOU. As of the date of this MOU, Timothy Riley is the Fire and Marine
Chief. Timothy Riley shall be authorized to manage, coordinate and
assure proper implementation of services and activities specified herein,
except for those provisions specifically requiring the approval of the
City Council.
C. Change of Designated Representative. Either Party may change its
• designated representative at any time by giving written notice to the
other Party pursuant to Section 5 below.
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SECTION 3
A. BSA responsibilities. BSA responsibilities under this MOU shall include. •
1. Encouraging BSA Packs, Troops, Teams and Posts to participate in
the CNB's debris removal program, by volunteering service to
teach classes and skipper the vessel.
2. Encouraging BSA members, volunteers and donors to contribute
to the development of a clean harbor operation of the water rake
and other environmental programs and provide classroom
facilities under this MOU.
3. Advising on the appropriate merit badges and rank requirements
so that the CNB Representative can help BSA units understand,
appreciate and assist in enhancing and conserving the resources of
the harbor.
4. Designing incentives such as "adoption' papers and a patch
program which would available to BSA units in order to
encourage units to participate and support the Clean Harbor
Water Rake Program.
5. Inviting the CNB Representative and /or the CNB Representative's •
designee to attend BSA Executive Board meetings to promote
coordination and communications.
6. Assisting in fundraising efforts.
7. Providing classroom facilities.
8. Assisting in identifying special projects.
9. Helping recruit volunteers to teach classes, skipper vessels, and
work on special projects.
B. CNB responsibilities. CNB responsibilities under this MOU shall
include:
1. Identifying service projects at the harbor for BSA units and
members which could qualify participants to meet service and
Eagle Project requirements.
2. Allowing BSA the opportunity to inform CNB Representative
regarding appropriate merit badges and rank requirements so
•
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. that the CNB Representative can, within the scope of the existing
assigned duties, be of assistance to BSA programs.
3. Considering BSA and youth program needs in overall scope and
use of harbor.
4. Inviting the BSA Representative to attend meetings of the CNB to
promote communications.
5. Providing volunteer access to the City's Hamilton Water Rake.
6. Providing fuel for the debris vessels.
7. Continuing the ongoing maintenance of the Hamilton Water
Rake.
8. Providing vessel operation training to a select number of
skippers.
♦ It is assumed by the City that the skippers would then
provide training for the crew that will assist in staffing the
Hamilton Water Rake when they are operated by the BSA.
. 9. Providing technical support and input for class preparation to
subsequently be taught by the BSA to volunteers.
•
10. Identifying the scope of work within the City of Newport Beach
for debris removal.
11. Identifying special projects.
12. Disposing of refuse.
13. Providing employees to train and supervise volunteer efforts.
D. Joint responsibilities of the Parties. Both Parties under this MOU shall:
1. Promote communications between CNB and BSA.
2. Explore the possibility of establishing BSA Explorer Posts to
encourage harbor and /or natural resource management careers.
3. Jointly provide berthing of vessel based on program and dock
needs / limitations.
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SECTION 4 IMPLEMENTING AGREEMENT
A. General Terms. BSA and CNB agree to cooperate in negotiating the
terms and conditions of a subsequent written agreement, to implement
the terms of this MOU.
B. Agreement to Agree. The Parties understand that this Section 4 is a
general statement of the intent of the Parties and constitutes an
agreement to agree which shall not be binding on either Party. If the
Parties are successful in negotiating a written agreement with respect to
the use of the Hamilton Water Rake; such agreement will be binding
upon the respective Parties if and when such agreement is executed and
approved by both Parties. The Parties agree to negotiate diligently and
in the spirit of good faith to accomplish the intent of this Agreement.
C. Non - Discrimination Convenant. Any and all agreements entered into
between the Parties pursuant to this Section 4 shall contain a provision
prohibiting discrimination based upon race, color, religion, political
persuasion or residence.
D. Reversionary Interest. Any agreements entered into between the Parties
pursuant to this Section 4 shall contain a provision providing that upon
termination of any such agreement, the water rake remains with CNB.
SECTION 5 NOTICES
A. Addresses. Notices or other communications which may be required or
provided under the terms of this MOU shall be given as follows:
1. BSA: Boy Scouts of America, Orange County Council
3590 Harbor Gateway North
Costa Mesa, CA 92626 -1425
Attention: Scout Executive
with copy: Boy Scouts of America, Orange County Council
3590 Harbor Gateway North
Costa Mesa, CA 92626 -1425
Attention: Vice President (Legal Counsel)
2. CNB City of Newport Beach
Fire and Marine Chief
P. O. Box 1768
Newport Beach, CA 92658 -8915
B. Method. All notices shall be deemed effective when in writing and
delivered in person or deposited in the United States mail, first class,
5
•
E
•
. postage prepaid and addressed as above. Any notices, correspondence,
reports and /or statements authorized or required by this MOU,
addressed in any other fashion shall be deemed not given. The Parties
hereby may change the addressee to which notices are to be sent by
giving notice of such change to the other Party.
SECTION 6 TERMINATION.
A. This MOU may be terminated without cause, by either Party, upon
delivery to the other Party of thirty (30) days prior written notice of
intent to terminate given in accordance with Section 5 (NOTICES) above
( "Notice of Termination'). Notwithstanding the foregoing, it is
understood and agreed that if the Parties enter into written agreement in
accordance with the terms of Section 4 above, such agreement will be
independent of this MOU and, therefore, termination of this MOU will
not result in termination of any such agreements that have been executed
and approved by the Parties.
SECTION 7 STATUS OF BSA AND CNB
A. BSA and CNB are, and shall at all times be deemed to be independent
organizations and shall be wholly responsible for the manner in which
they perform under the terms of this MOU. Nothing contained herein
shall be construed as creating the relationship of employee and
employee, or principal and agent, between BSA and CNB, or any of their
agents or employees. Both Parties assume exclusively the responsibility
and liability for the acts of their employees or agents, as they relate to
services to be provided during the course and scope of this MOU. BSA,
its agents and employees shall not be entitled to any rights and /or
privileges of CNB's employees and CNB shall not be entitled to rights
and /or privileges of BSA's employees.
SECTION S TIME IS OF THE ESSENCE
A. The Parties may move forward to publicize that the process is underway
in collaboration to keep the harbor clean.
(Rest of page left intentionally blank.)
0
0
IN WITNESS THEREOF, each party hereto has executed this MOU by a duly
authorized representative as of the date set forth below.
Dated:
YGTII y9
WS
CITY CLERK
CITY OF NEWPORT BEACH,
a municipal corporation
By:
MAYOR
APPROVED AS TO FORM:
0
CITY ATTORNEY
Dated: BOY SCOUTS OF AMERICA,
ORANGE COUNTY COUNCIL, INC.,
a California non - profit public benefit
corporation
By:
Its:
By:
Its:
7
•
MEMORANDUM OF UNDERSTANDING
This memorandum of understanding (MOU)
is made and entered into:
BY and BETWEEN The City of Newport Beach (hereinafter referred to
an "CNB ").
AND BOY SCOUTS OF AMERICA, ORANGE COUNTY
COUNCIL, INC., a California non - profit public
benefit corporation (hereinafter referred to as
'BSA ").
CNB and BSA are sometimes hereinafter jointly
referred to as the "Parties" and individually as a
"Party."
RECITALS:
WHEREAS, CNB has a mission to expand public knowledge and appreciation
of the natural resources of the harbor and keep it clean; and
WHEREAS, BSA is a premier, respected youth organization whose principle
purpose is to deliver fraditional values to the youth of Orange
County through its outdoor programs utilizing adult volunteers;
and
WHEREAS, BSA has effectively delivered its program to a significant number
of the youth of Orange County for over 75 years and, during that
period, developed a mutually beneficial relationship with the
CNB staff, and
WHEREAS, BSA and CNB each recognize the mutual benefits of past
interaction between the Parties, and the potential future benefits
of joint programs and projects; and
WHEREAS, CNB desires to expand its use of the Hamilton Water Rake to keep
the harbor clean and is dedicated to providing a positive harbor
experience for Orange County youth; and
WHEREAS, BSA is dedicated to community service, preserving and protecting
the environment and desires to provide assistance to CNB by
encouraging and organizing their members and volunteers to
assist in the continued maintenance of the harbor; and
1
J
C,
WHEREAS, BSA has proposed and CNB is agreeable to considering the joint
operation of the Hamilton Water Rake to keep the harbor clean;
and
WHEREAS, CNB and BSA recognize that specific written agreements for such
collaboration will be required to establish (i) the respective
responsibilities and obligations of the Parties; (ii) requirements
for monitoring and reporting the volunteer hours; and (iii)
specific procedures for the use of the water rake; and
WHEREAS, It is in the mutual best interests of both CNB and BSA to enter into
a strategic alliance in order to accomplish the foregoing goals;
NOW, THEREFORE IN CONSIDERATION OF
THE PROMISES CONTAINED HEREIN,
BOTH PARTIES MUTUALLY AGREE AS FOLLOWS:
SECTION 1 TERM.
A. This MOU shall remain in full force and effect from the date of execution
by CNB and shall continue until terminated pursuant to Section 6 of this
MOU or superseded by a subsequent agreement of the Parties to
implement this MOU as described in Section 4.
SECTION 2 PARTIES.
A. BSA Designated Representatives. BSA hereby designates the Scout
Executive of the Orange County Council or the Scout Executive's
nominee (hereinafter referred to as ( "BSA Representative') to be BSA's
liaison for all matters in regard to this MOU. As of the date of this MOU,
Kent Gibbs is the Scout Executive. The BSA Representative shall be
authorized to manage, coordinate and assure proper implementation of
services and activities specified herein.
B. CNB Designated Representative. CNB hereby designates Fire and
Marine Chief Timothy Riley (hereinafter referred to as "CNB
Representative ") to be CNB's liaison for all matters in regard to this
MOU. As of the date of this MOU, Timothy Riley is the Fire and Marine
Chief. Timothy Riley shall be authorized to manage, coordinate and
assure proper implementation of services and activities specified herein,
except for those provisions specifically requiring the approval of the
City Council.
C. Change of Designated Representative. Either Party may change its
designated representative at any time by giving written notice to the
other Party pursuant to Section 5 below.
2
0
SECTION 3 RESPONSIBILITIES
A. BSA responsibilities. BSA responsibilities under this MOU shall include:
1. Encouraging BSA Packs, Troops, Teams and Posts to participate in
the CNB's debris removal program, by volunteering service to
teach classes and skipper the vessel.
2. Encouraging BSA members, volunteers and donors to contribute
to the development of a clean harbor operation of the water rake
and other environmental programs and provide classroom
facilities under this MOU.
3. Advising on the appropriate merit badges and rank requirements
so that the CNB Representative can help BSA units understand,
appreciate and assist in enhancing and conserving the resources of
the harbor.
4. Designing incentives such as "adoption" papers and a patch
program which would available to BSA units in order to
encourage units to participate and support the Clean Harbor
Water Rake Program.
5. Inviting the CNB Representative and /or the CNB Representative's
designee to attend BSA Executive Board meetings to promote
coordination and communications.
6. Assisting in fundraising efforts.
7. Providing classroom facilities.
8. Assisting in identifying special projects.
9. Helping recruit volunteers to teach classes, skipper vessels, and
work on special projects.
B. CNB responsibilities. CNB responsibilities under this MOU shall
include:
1. Identifying service projects at the harbor for BSA units and
members which could qualify participants to meet service and
Eagle Project requirements.
2. Allowing BSA the opportunity to inform CNB Representative
regarding appropriate merit badges and rank requirements so
3
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
0 0
that the CNB Representative can, within the scope of the existing
assigned duties, be of assistance to BSA programs.
Considering BSA and youth program needs in overall scope and
use of harbor.
Inviting the BSA Representative to attend meetings of the CNB to
promote communications.
Providing volunteer access to the City's Hamilton Water Rake.
Providing fuel for the debris vessels.
Continuing the ongoing maintenance of the Hamilton Water
Rake.
Providing vessel operation training to a select number of
skippers.
♦ It is assumed by the City that the skippers would then
provide training for the crew that will assist in staffing the
Hamilton Water Rake when they are operated by the BSA.
Providing technical support and input for class preparation to
subsequently be taught by the BSA to volunteers.
Identifying the scope of work within the City of Newport Beach
for debris removal.
Identifying special projects.
Disposing of refuse.
Providing employees to train and supervise volunteer efforts.
D. joint responsibilities of the Parties. Both Parties under this MOU shall:
1.
2.
3.
Promote communications between CNB and BSA.
Explore the possibility of establishing BSA Explorer Posts to
encourage harbor and /or natural resource management careers.
Jointly provide berthing of vessel based on program and dock
needs/ limitations.
4
•
SECTION 4 IMPLEMENTING AGREEMENT
A. General Terms. BSA and CNB agree to cooperate in negotiating the
terms and conditions of a subsequent written agreement, to implement
the terms of this MOU.
B. Agreement to Agree. The Parties understand that this Section 4 is a
general statement of the intent of the Parties and constitutes an
agreement to agree which shall not be binding on either Party. If the
Parties are successful in negotiating a written agreement with respect to
the use of the Hamilton Water Rake; such agreement will be binding
upon the respective Parties if and when such agreement is executed and
approved by both Parties. The Parties agree to negotiate diligently and
in the spirit of good faith to accomplish the intent of this Agreement.
C. Non - Discrimination Convenant. Any and all agreements entered into
between the Parties pursuant to this Section 4 shall contain a provision
prohibiting discrimination based upon race, color, religion, political
persuasion or residence.
D. Reversionary Interest. Any agreements entered into between the Parties
pursuant to this Section 4 shall contain a provision providing that upon
termination of any such agreement, the water rake remains with CNB.
SECTION 5 NOTICES
A. Addresses. Notices or other communications which may be required or
provided under the terms of this MOU shall be given as follows:
1. BSA: Boy Scouts of America, Orange County Council
3590 Harbor Gateway North
Costa Mesa, CA 92626 -1425
Attention: Scout Executive
with copy: Boy Scouts of America, Orange County Council
3590 Harbor Gateway North
Costa Mesa, CA 92626 -1425
Attention: Vice President (Legal Counsel)
2. CNB City of Newport Beach
Fire and Marine Chief
P. O. Box 1768
Newport Beach, CA 92658 -8915
B. Method. All notices shall be deemed effective when in writing and
delivered in person or deposited in the United States mail, first class,
5
0 0
postage prepaid and addressed as above. Any notices, correspondence,
reports and /or statements authorized or required by this MOU,
addressed in any other fashion shall be deemed not given. The Parties
hereby may change the addressee to which notices are to be sent by
giving notice of such change to the other Party.
SECTION 6 TERMINATION.
A. This MOU may be terminated without cause, by either Party, upon
delivery to the other Party of thirty (30) days prior written notice of
intent to terminate given in accordance with Section 5 (NOTICES) above
( "Notice of Termination "). Notwithstanding the foregoing, it is
understood and agreed that if the Parties enter into written agreement in
accordance with the terms of Section 4 above, such agreement will be
independent of this MOU and, therefore, termination of this MOU will
not result in termination of any such agreements that have been executed
and approved by the Parties.
SECTION 7 STATUS OF BSA AND CNB
A. BSA and CNB are, and shall at all times be deemed to be independent
organizations and shall be wholly responsible for the manner in which
they perform under the terms of this MOU. Nothing contained herein
shall be construed as creating the relationship of employee and
employee, or principal and agent, between BSA and CNB, or any of their
agents or employees. Both Parties assume exclusively the responsibility
and liability for the acts of their employees or agents, as they relate to
services to be provided during the course and scope of this MOU. BSA,
its agents and employees shall not be entitled to any rights and /or
privileges of CNB's employees and CNB shall not be entitled to rights
and /or privileges of BSA's employees.
SECTION 8 TIME IS OF THE ESSENCE
A. The Parties may move forward to publicize that the process is underway
in collaboration to keep the harbor clean.
(Rest of page left intentionally blank.)
0
0 0
IN WITNESS THEREOF, each party hereto has executed this MOU by a duly
authorized representative as of the date set forth below.
Dated: It tiq cLI� CITY OF NEWPORT BEACH,
' a municipal corporation
Al
10
CITY CLERK
Dated:
Ajkj
MAYOR
APPROVED �• •
By:_ / / a4z-
CITY
ATTORNEY
BOY SCOUTS OF AMERICA,
ORANGE COUNTY COUNCIL, INC.,
a California non - profit public benefit
corporation ) I
By:
Its:
By:
Its:
7