HomeMy WebLinkAboutCC AG PKT 2012-02-27 #IAGENDA STAFF REPORT
DATE: February 27, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby, Assistant City Manager /Public Works
SUBJECT: MEMORANDUM OF AGREEMENT (MOA) BETWEEN
NAVY REGION SOUTHWEST (NRSW) MORALE,
WELFARE & RECREATION AND CITY OF SEAL
BEACH, CALIFORNIA
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6227 approving Memorandum of
Agreement (MOA) between Navy Region Southwest Morale, Welfare &
Recreation and City of Seal Beach for lifeguard and beach maintenance on Navy
property.
BACKGROUND AND ANALYSIS:
The City of Seal Beach and the Navy Region Southwest (NRSW) have had
several Memorandums of Understanding (MOU) in the past authorizing City
lifeguard and beach cleaning services for the beach located on the Naval
Weapons Station Seal Beach. The beach location on the Navy Base is referred
to as Barney's Beach House. The current MOU was signed in October 2005 and
is expired.
The attached proposed MOA provides that the fees will be reviewed annually. In
order to recoup the actual cost of providing such services, the City has included
new rate charges in the Letter Agreement. These charges include lifeguard rates
established in the Comprehensive Fee Schedule as well as City personnel and
equipment expenses used during beach cleaning. It further clarifies that the City
charges a four -hour minimum for each call for service.
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
Agenda Item 1
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
The Letter Agreement provides new rate charges for the services provided by the
City to the Naval Weapon Station Seal Beach. These new fees will allow the City
to recoup its actual costs for providing lifeguard and beach cleaning services to
Barney's Beach House.
RECOMMENDATION:
That the City Council adopt Resolution No. 6227 approving Memorandum of
Agreement (MOA) between Navy Region Southwest Morale, Welfare &
Recreation and City of Seal Beach for lifeguard and beach maintenance on Navy
property.
SUBMITTED BY:
Sean P. Crumby
Assistant City Manager/
ublic Works
Prepared by: Michael Ho, City Engineer
Attachments:
A. Resolution No. 6227
B. Memorandum of Agreement
Page 2
NOTED AND APPROVED:
. Ingram, City M ger
RESOLUTION NUMBER 6227
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING A MEMORANDUM OF AGREEMENT (MOA)
BETWEEN NAVY REGION SOUTHWEST (NRSW) MORALE,
WELFARE & RECREATION AND CITY OF SEAL BEACH
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves a memorandum of agreement
(Agreement) between the City of Seal Beach and Navy Region
Southwest Morale, Welfare & Recreation.
Section 2. The City Council hereby authorizes the City Manager to execute
the Agreement.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 27th day of February , 2012 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6227 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 27th day of February , 2012.
City Clerk
Mayor
1. PURPOSE
2. AUTHORITY
2/17/2012 11:41:09
MEMORANDUM OF AGREEMENT
BETWEEN
NAVY REGION SOUTHWEST (NRSW)
MORALE, WELFARE & RECREATION
AND
CITY OF SEAL BEACH, CALIFORNIA
SWRMWR -12 -H -0002
This Memorandum of Agreement (MOA) is between Navy Region
Southwest, Morale, Welfare & Recreation, (hereinafter referred to as
"MWR "), and City of Seal Beach, California (hereinafter referred to as
"City of Seal Beach ").
This MOA will establish a business relationship between the MWR /NRSW,
and the City of Seal Beach.
a. 10 U.S.C. 2492 provides as follows: An agency or instrumentality
of the Department of Defense that supports the operation of the
Exchange system, or the operation of a Morale, Welfare, and
Recreation system, of the Department of Defense may enter into a
contract or other agreement with another element of the
Department of Defense or with another Federal department,
agency, or instrumentality to provide or obtain goods and services
beneficial to the efficient management and operation of the
Exchange system or that of a Morale, Welfare, and Recreation
system.
b. DoD Instruction 4000.19, Interservice and Intragovernmental
Support, August 1995 provides as follows: Arrangements between
Departments /Agencies in establishing terms for the provision or
exchange of services.
3. EFFECTIVE PERIOD
This MOA shall become effective 15 December 2011 and will remain
effective indefinitely.
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4. CITY OF SEAL BEACH RESPONSIBILITIES. City of Seal Beach shall:
a. Provide all necessary life guard services, first -aid and lifesaving
equipment at Barney's Beach House for a 4 hour minimum and /or a
6 hour maximum per day as needed.
2/17/2012 11:41:09
b. Scheduled workdays are Saturday and Sundays from May 21
through September 10 including Holidays and Special events.
The work schedule shall be from 10:00 AM to 4:OOPM unless
specified otherwise.
c. Deploy a Supervisory Lifeguard for situations requiring backup and
provide a "break guard" or substitute for the lifeguard on duty during
necessary break times.
d. Provide beach cleaning services at least quarterly.
e. Fully dispose of trash in accordance with all applicable State and
Federal Laws and Regulations.
f. Beach cleaning includes but is not limited to; sand rake drives back
and forth, rake debris off the sand, manually pick -up large debris,
and dispose of debris.
g.
Maintain a phone system with a message center for the duration of
this MOA.
5. FINANCIAL CONSIDERATION.
a. Hourly rate as of 20 November 2011 for a Maintenance worker is
$39.35 per hour, with a 4 hour minimum. (Additional adjustments to
this rate may be made in the future by City Employee Memorandum
of Understanding Agreements) MWR will be notified of the rate
adjustment and provided a copy of the Agreement along with a
request to increase the terms of this Agreement.
b. Hourly rate for a Lifeguard is $25.00 /hr
c. Equipment rates are as follows:
i. John Deere 7810 Tractor ( #75) $29.83/hr
ii. John Deere Tractor ( #91) $29.83/hr
iii. Beach King Sanitizer ( #119) $15.00 /hr
iv. 15 Foot Rake ( #125) $15.00 /hr
v. Barber Surf Rake ( #94) $30.00 /hr
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2/17/2012 11:41:09
d. In the event the City of Seal Beach hires an outside contractor to
perform these services or any portion thereof, the City of Seal
Beach will pass through to MWR the actual amount charged by the
Contractor to the City of Seal Beach, plus a 20% administrative fee
which is charged for administration by the City for all outside
services.
6. PAYMENT
a. The prices herein reflect full reduction for taxes which are not
applicable. In addition to the exemption from Federal excise taxes
by virtue of exportation, all tangible personal property sold to the
NAFIs for resale are exempt from sales and use taxes. All sales
other that for resale depend on state law or federal constitutional
immunity from exemption from state sales and use taxes. Payment
by Government.
b. Payment by Electronic Funds Transfer is the preferred method of
payment and unless otherwise stated herein will be the method of
payment for all services rendered under this MOA. However,
payment by Government Purchase Card is authorized if deemed in
the best interest of the NAFI.
c. For payment purposes the following information is being provided:
City Of Seal Beach
211 8 STREET
SEAL BEACH, CA 90740
ACCOUNT #:
ROUTING #:
TIN:
CAGE CODE:
DUNS:
d. It is the responsibility of the City of Seal Beach to submit monthly
request for payments to the CNRSW MWR Region Accounting
Office. Payment request by the City of Seal Beach will be based on
the services provided during the month.
7. CORRESPONDENCE
Correspondence will be directed as follows:
For questions concerning the written portion or administration of
this agreement:
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9. TERMINATION
2/17/2012 11:41:09
NAVY REGION S.W.
CSP REGIONAL CONTRACTING OFFICER
2375 RECREATION WAY BLDG 3303
SAN DIEGO CA 92136 -5518
Nina A. Marshall, CSP Regional Contracting Manager,
Phone: 619- 556 -8620
For questions concerning work or services to be performed under
this Agreement:
Naval Weapons Station MWR
Zenida MoralJackson
Phone: 562- 626 -7028
ALL payments . and payment questions are to be directed as
follows:
NAVY REGION S.W.
CSP REGIONAL ACCOUNTING OFFICE
2375 RECREATION WAY BLDG 3303
SAN DIEGO CA 92136 -5518
Norie Esguerra, CSP Regional Accounting Manager
Phone: 619- 556 -0265
The nine (9) digit zip code must be indicated on all mailed
envelopes /packages. The Military Post Office will return to sender all mail
that does not reflect the nine (9) digit zip code.
8. MODIFICATIONS
Authority to modify this MOA is expressly limited to the signatories of the
Representative for the City of Seal Beach and the CPS Regional
Contracting Officer. This MOA shall only be modified through written
bilateral agreement between the parties, executed with the same formality
as this agreement.
Either party may terminate this MOA by giving 30 days prior written notice
to the other party of its intent to do so.
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10. DISPUTES
The preferred and expected manner for resolving disputes arising from
interpretations of this MOA is through communication, negotiation, and
agreement by the Parties representing the interests of the concerned
parties.
11. SIGNATURE
Signatures on this MOA signify acceptance of its terms and conditions.
JILL R. INGRAM
CITY OF SEAL BEACH, CA
CITY MANAGER
JOHN CLINGAN
IPD MWR DIRECTOR
NWSB SEAL BEACH
NINA A. MARSHALL
SW CPS REGION
CONTRACTING MANAGER
2/22/2012 11:08:29
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