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HomeMy WebLinkAboutC-2425 - Agreement Allowing City to Conduct Lido 14 Sailing ClassesMEMORANDUM 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 °raditional 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 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. 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. Toint 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 0 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.) 3 a • IN WITNESS THEREOF, each party hereto has executed this MOU by a duly authorized representative as of the date set forth below. Dated: CITY OF NEWPORT BEACH, v a municipal corporation Y. O4✓ `1��. By: MAYOR ATTEST: ) APPROVED AS O FORM: �iOI� . `p By:,. ��- - l�l r ,., By: CITY CLERK CITY ATTORNEY Dated: l - �o✓ . -�� 199G BOY SCOUTS OF AMERICA, ORANGE COUNTY COUNCIL, INC., a California non - profit public benefit corporation A By: Its: By: Its: 7 CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department February 13, 1984 CITY COUNCIL AGENDA ITEM NO. TO: Mayor and City Council BY THE CITY COUNCIL CITY OF NEWPORT BEACH FROM: Parks, Beaches and Recreation Director SUBJECT: AGREEMENT BETWEEN BOY SCOUTS OF AMERICA FEB 13 1984 FOR USE OF LIDO 14 SAILBOATS Recommendation: Authorize the Mayor and City Clerk to execute the agreement between the City of Newport Beach and the Boy Scouts of America Sea Scout Base allowing the City to conduct Lido 14 sailing classes at the Sea Scout Base. Background: The City, through the self- supporting Recreation Division, has historically offered a sailing instruction program of benefit to the community. Based on a concept of elementary instruction using Sabots, the program has ex- panded over the years to include Catamarans and Shields for intermediate and advanced sailors. The addition of Lido 14's to our array of instructional opportunity will improve our total program. Discussion: In the upcoming spring, the City of Newport Beach Parks, Beaches and Recreation Department has made tentative arrangements to conduct Lido 14 sailing classes for two hours each on Saturdays and Sundays. The Lido 14 sailing class will increase revenue to the City and, more importantly, the City will be offering to the general public a new program that should be well attended by sailing enthusiasts. The City will pay to the Sea Scout Base a $1.00 per hour per student fee for the use of their sailing boats, base, and rescue boat. Boats will be main- tained by the Sea Scout Base, but they will be listed as additionally insured by the City of Newport Beach. The City will provide instructors, materials, and establish and collect registration fees. The City looks forward to working compatibly with the Sea Scout Base on this new sailing program and hopes that future arrangements can be entered into with the City and Sea Scout Base that are beneficial to both. Ronald A. Whitley CITY CLERK A G R E E M E N T (Boy Scouts of America Sea Scout Base) T IS AGREEMENT is made and entered into this � day of 19�, by and between the CITY OF NEWPORT BEACH, A Municipal Corpor tion, hereinafter referred to as "CITY ", and BOY SCOUTS OF AMERICA ORANGE COUNTY COUNCIL, hereinafter referred to as "SEA SCOUT BASE." W I T N E S S E T H 1. WHEREAS, SEA SCOUT BASE proposes to lease their Lido 14 sailboats to the CITY as part of the CITY'S recreation program. 2. WHEREAS, CITY recreation staff has determined that there is substantial interest on the part of the general public in obtaining Lido 14 sailing lessons. 3. WHEREAS, CITY recreation staff has determined it is more economical to lease Lido 14's from SEA SCOUT BASE than to lease or purchase from any other source. 4. NOW, THEREFORE, in consideration of the following, the parties hereto agree as follows: SEA SCOUT BASE shall: 1. Provide a maximum of five (5) Lido 14's unless a higher number is later agreed upon for instructional purposes. condition. lessons. 2. Maintain all boats and equipment thereon in a safe and functional 3. Provide a rescue boat for the duration of each sailing lesson. CITY shall: 1. Provide qualified instructors and materials for all of its sailing 2. Establish and collect registration fees for the sailing program. E 3. Name the SEA SCOUT BASE as additionallyinsured to its current liability insurance and assume responsibility for damage to boats and equipment used. 4. Compensate SEA SCOUT BASE at the rate of $1.00 per student per hour for instructional use of the SEA SCOUT BASE boats. TERM This agreement shall be for a period of one (1) year commencing March 1, 1984 and shall be automatically renewed annually. TERMINATION This agreement may be terminated by either party at the end of a session, with or without cause, by giving thirty (30) days prior written notice of such intent to terminate. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first above written. ATTEST: , City Clerk APPROVED AS TO RM i i C ty Attorney CITY OF NEWPORT BEACH, A Municipal Corporation BOY SCOUTS OF AMERICA SEA SCOUT BASE B 5�