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HomeMy WebLinkAboutAGMT - Navy Region Southwest (Lifeguard Svcs-Barney's Beach) • • SWRMWR-12-H-0002 MEMORANDUM OF AGREEMENT BETWEEN NAVY REGION SOUTHWEST (NRSW) MORALE, WELFARE & RECREATION AND CITY OF SEAL BEACH, CALIFORNIA 1. PURPOSE 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. 2. AUTHORITY 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. 2/27/2012 18:40:20 1 • • 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. b. Scheduled workdays are Saturday and Sundays from May 21st • through September 10th, including Holidays and Special events. The work schedule shall be from 10:00 AM to 4:00PM 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 2/27/2012 18:40:20 2 • • 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 8th 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: 2/27/2012 18:40:20 3 0 • 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. 9. TERMINATION Either party may terminate this MOA by giving 30 days prior written notice to the other party of its intent to do so. 2/27/2012 18:40:20 4 • • 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. *A- IM1�t f�.• t� c. srAte t R. _ ji i , a b L R. INGRAM DA E CITY OF SEAL-B - H, CA CITY MANAGER 4,.1 Ace � %oL •HN CL GAN , HATE/ PD MWR DIRE�'�'•R NWSB SEAL B i CH 1 ��7 /- )71` _ .i7<7t/ t,,. 3127 } a NINA A. MARSHALL DATE SW CPS REGION CONTRACTING MANAGER 2/27/2012 18:40:20 5 "VI q t R 5 E SEA " gi- « cr m..cr. "� _4.,,;,74.4„7„,..,,,-P„3 `I` �� • m ° '�� '.�'yOC�RPRRgJ�f'q��,lk - �� `�.�. �r �+rk�M�vay�" j -$ ���`� "' � � ���:0 7s� "�b�" r ¢ µ w',if`i ..^3 x ... z'� r �k, �nyti J `t r yD o' 0 2 '� � � � m z ^t �#�n4 42 �F �`� O Fly u,. ' tl D `• xY„' a. ry, zf to ,, A '� a r : r 0'FC R 27 �9 P� ',T-,"' � T s- z �s ' �� ; „�, c 3 , � r . fi BEC211 EIGHTH STREET n AVN elk � cr¢- , { fi Ck• ,:- ,� - iCli , s % ?s EAL BEACH C AL 40> � d " was y � � r,, . ' _ 4s x a' y g .x. a3 y , ,i ,,,,� e ris:.i= r 4 .?'n kt.�:. it'*�:"�'Uf t _ ry ` +�.�C;e : .--7-Da .kr: i"tkYs�.� ; �W�? (562)431,2527 rwwesea]bechau• rci + r p 'F- ' "ta- u °k9 y [ s ct n,i R September 26, 2007 Ms. Carol Johnson, Regional Procurement/Contracting Officer Navy Region Southwest (NRSW) Morale, Welfare & Recreation 2375 Recreation Way San Diego, CA 92136 RE: Letter Agreement re: Extension of Lifeguard and Beach Cleaning Services- Bamey's Beach House Naval Weapons Station Seal Beach Dear Ms. Johnson, The City of Seal Beach (City) and NRSW entered into a Memorandum of Understanding (MOU) in October 2005 for lifeguard and beach cleaning services (Services) at Barney's Beach House Naval Weapons Station Seal Beach. This Letter Agreement shall serve to extend the term pursuant to Section 2 of the MOU and to provide further clarification regarding fees for services provided by the City of Seal Beach for such services. Section 2 of the MOU provides that the parties may extend the MOU in 12-month increments. Section 4e of the MOU provides that the fees will be reviewed annually. In order to recoup the actual cost of providing the Services, we provide the following cost . breakdown. In exchange for the City providing the Services, the NRSW shall reimburse the City as follows: a. For Lifeguard Services: NRSW shall pay the City the per hour charges established by the Annual Comprehensive Fee Schedule—Section 7. The Fee Schedule is typically adopted each year by the Seal Beach City Council to be effective on July 1, the first day of each new fiscal year. b. Beach Cleaning Services: NRSW shall reimburse the City for the actual cost to the City for such Services performed by the Seal Beach Public Works Department (i.e., personnel costs and equipment costs) or, if needed, by outside contractors hired by the City to perform the Services. As a point of reference, the current charges are provided as Attachment A, incorporated by this reference. • • September 26, 2007 Letter Agreement re: Extension of Lifeguard and Beach Cleaning Services Page 2 In addition, the City of Seal Beach annually provides NRSW a Certificate of Insurance naming the NRSW as additionally insured for the work provided by the City on NRSW property. In turn, the City requires a General Liability Certificate naming the City of Seal Beach as additionally insured as proof of coverage for the property owned by the NRSW. If you agree to these terms, please return one signed original of this letter to: City Clerk City of Seal Beach 211 8th Street Seal Beach, CA 90740 We have enclosed a duplicate original of this letter so that you can sign and return one, and keep the other original for your files. All other terms and conditions of the above referenced MOU shall remain in effect. Upon receipt of this signed Letter Agreement, the City shall extend the MOU term of service for one additional year from October 1, 2007 to September 30, 2008. Sincerely, David N. Carmany City Manager On behalf of the RWSW, I agree to the extension and agree to the terms and provisions contained in this letter and in Attachment A. ritiarj Carol Johnson Regional Procurement/Contracting Officer Navy Region Southwest (NRSW) Morale, Welfare & Recreation nQ/Id/2n175 1b:51 5626267272 MWR PAGE 02 - MODIFICATI TO BLANKET PURCHASING AllEEMENTp _ PAGE I OF 2 ntrector must submit four copies of Invoice) SEND YOUR COMPLETED FORM TO THE PROCUREMENT OFFICIAL IDENTIFIED BEL W. NUMBER DELIVERY ORDER N0. 5500003754 lI DATE OF REOUISITION/PURCH REQUEST NO. 40000 NUMBER SWROTHA2•C.0006 I CONTRACT 4000Q71650 ISSUED DYE ADMINISTERED By MORALE, WELFARE AND RECREATION MWR NWS SEAL BEACH DELIVERIES TERMS FOR l'.GMNA VREG, S.W. CENTRAL ACCTING OFFICE (679) 666.7182LA DELIVERIES 2375 RECREATION WAY ' 1. RI_DG 3303 VALIDITY START DATE y SAN DIEGO CA 92136-5518 ACIDITY END OATS 09/30/2005 10/07/2004 CONTRACTOR ADDRESS - OELIVER' CITY OF SEAL BEACH PER DELIVERY ORDER • 211 8TH STREET TEAMS OF PAYMENT FOR ORDERS SEAL BEACH CA 90740 Net due Immedlatory MAIL INVOICES TO "PAYMENT BY" ADDRESS SPECIFIED BELOW S'!IF' IL) ADDRESS lot sea b^.fowl PAYMENT WILL SE MADE BY • MORALE, WELFARE AND RECREATION ATTENTION COMNAVREG, S.W. CENTRAL ACCTING OFFICE THIS IS NOT A 2.375 RECREATION WAY • BLDG 3303 PURCHASE ORDER SAN DIEGO CA 92136-5518 FOR SUPPLIES OR SERVICES I'(FE CFI.IVERY TN9 delivery order in (seven on another Gevpnmen .IF [ agency in accordance with end yEACr ro'smme Mid cCnertfnn of eDOV9 nUTbargG cMLfeCI. [NCF,R PURCHASE X Reference your furnish the following on mmu poecIfied herein. ':0111 RAC'FORivENOOR ACCEPTANCE Inc CON IHACTOR HEREBY ACCEPTS THE OFFER REPRESENTED BY THE NUMBERED BLANKET PURCHASING AGREEMENT AS IT MAY PREVIOUSLY HAVE BEEN OR IS NOW MODIFIED, FAIIUG:T TO ALL OF THE TERMS AND CONDITIONS SET FORTH, AND AGREES TO PERFORM THE SAME. I NAME or CONTRACTOR SIGNATURE TYPED NAME AND TITLE DATE SIGNED U if rn(e era, r, mArkeC. suPPller mlrsr sqn AeecPmncn pnp return the following num0e•of milts.' ITEM 'ART ICLE NO ." I :, S4TF QUANTITY UM .;UNIT PRICE..>. TARGET 6 VAFU' E,. 'DES CRIPT16av�gF SUP.....$ERV.CES;' i, i-GH MWR ACCOUNTING PURPOSES FUND 1199 MODIFY THIS CONTRACT, $WROTH-02-C-0006, FOR LIFEGUARD SERVICE TO REFLECT THE FOLLOWING: I EXTEND THIS CONTRACT AS OF 30 SEPTEMBER 2004, •• THE FOURTH YEAR OF THIS CONTRACT WILL EXPIRE. NAVY REGION SOUTHWEST HAS ELECTED TO EXERCISE THE FOURTH YEAR OPTION PERIOD 11 OCTOBER 2004 THRU 30 SEPTEMBER :1005). :L ADD FUNDS IN THE AMOUNT OF 55,000.00 FOR THE (JPTION PERIOD, SITE 2278. • I REFERENCE MODIFICATION P00005. (HIS CHANGE ORDER IS ISSUED PURSUANT TO: BUPERINST '.' 11iinuCG Dn nexT page... R ""I.a'r "':;ue:u by ICn Oovemmcn? Is sere u U (TED STATES OF A ERICA ': . :Imlcare ny K. If dieprent. enter acmAl \\\\`../�"•'{\v�_ I::. •:•.•:••I rl• ■•l.' .quantify Priced end encircle. BY! CONTRACTINGIORO£R1NG OFFICER SHIPMENT NO. 1 .. RECEIVED D ACCEPTED, AND CONFORMS TO THE CONTRACT EXCEPT AS NOTED 0 PARTIAL ET FINAL SIGNATURE OF AUTHORIZED GOVERNMENT REPORS --- ENTATIVE • - %I::::OUNT IS CORRECT AND PROPER FOR PAYMENT, SIGMA TURF, AND TITLE Op CERTIFYING OFFICER I BILL OF LADING NO. 1 r ECEIVFG Ely ! I DATE RECEIVED . :', /51M 1155 I 05/18/2005 16: 51 5626267272 MWR 0 PAGE 03 AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE 2. AMENDMENT/MODIFICATION NO, 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ.NO. 5. PROJECT P00005 21 JULY 2004 6. ISSUED BY 7. ADMINISTERED BY TDG J . .. --"-----CODE MWR-10 framer than 6) CODG ; `-1111 j n, NAVY REGION SOUTHWEST CONTRACTING OFFICER LUISA G.ACOSTA • MORALE WELFARE AND RECREATION TEL: (619)556-7182 2375 RECREATION WAY BLDG 3303 FAX:(6190 556-7065 SAN DIEGO CA 92136.5592 8. NAME AND ADDRESS OF CONTRACTOR(No.,,street.county,Stare and ZIP Code) ('/) 9A.AMENDMENT OF SOLICITATft`•!-ii�•. CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH CA 90740 9B.DATED(SEE ITEM II) 10A.MODIFICATION OF CONTRACT,).idrF- NO. TEL: (562)598-8560 X SWROTH-02-C;glklf+ _ 105.DATED(SEE ITEM/.3) CODE 1 FACILITY CODE 30 NOV 201)0 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth In Item 14. The hour end dare specified for receipt of Offers la extended. r1 ers p;nn!(v. Offers must acknowledge receipt of this amendment prior to the hour and date specified In the solicitation or as amended,by one of the following methods: (a)By completing Items B and 15,and returning copies of the amendment;(b)By acknowledging receipt at this amendment on each copy er the suer submitted; or (c) By separate letter or telegram which Includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT 10 OE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR M THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER II by virtue of this amendment you desire to change an offer already submitted,such change may be made by telegram of letter,provided each telegram or letter makes ralerenen to the solicitation and this amendment,and is received prior la the opening hour and date specified, 12. ACCOUNTING AND APPROPRIATION DATA(1f required) - ...- SWROTE FUND 1199 • 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. (V) A.THIS CHANGE ORDER IS ISSUED PURSUANT TO (Sped authority)THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CON- TRACT ORDER NO.IN ITEM 10A. B.THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES(such as chongm in popes otfire apnroprlurlan date,eta.)SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b). C.THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D,OTHER(Specify type of modification and authority) .. BUPERSINST 7043.1B E. IMPORTANT: Contractor I , is not, © is required to sign this document and return 1 copies to the issuing office, 14, DESCRIPTION OF AMENDMENT/MODIFICATION(Organized by UCF section headings,including solicitation/contract subject matter where feasible,I MODIFY THIS CONTRACT FOR LIFEGUARD SERVICE TO REFLECT THE FOLLOWING: I. EXTEND THIS CONTRACT AS OF 30 SEPTEMBER 2004,THE FOURTH YEAR OF THIS CONTRACT WILL EXPIRE„ 2. THIRD OPTION PERIOD FROM 01 OCTOBER 2003 THRU 30 SEPTEMBER 2004. 3. SECOND OPTION PERIOD FROM 01 OCTOBER 2002 THRU 30 SEPTEMBER 2003. 4.FIRST OPTION PERIOD FROM 01 OCTOBER 2001 THRU 30 SEPTEMBER 2002. 5. BASE CONTRACT PERIOD FROM 01 OCTOBER 2000 THRU 30 SEPTEMBER 2001. 6. NAVY REGION SOUTHWEST HAS ELECTED TO EXERCISE THE FOURTH&FINAL OPTION PERIOD (01 OCTOBER 2004 THRU 30 SEPTEMBER 2005). Except es provided herein,all terms and conditions OF the document referenced In Item BA or IOA,as heretofore changed,remains unchanged and In full force and effect. 15A. NAME AND TITLE OF SIGNER(Type or print) tlki6A, NAME AND TITLE OF CONTRACTING OFFICER(Type or print) CAROL JOHNSON 158. CONTRACTOR/OFFEROR .1REGIONAL PROC • . .,NT/CONTRACTING OFFICER 15C.GATE SIGNED 16 UNITED A • O ��MERICA 16C,DATE SIGNED (Signature of person authorized to sign) BY I _2) _Q 4 (Signature%'oneracting Officer) NSN 7540-01-152.8070 30-105 oonnnr IC c-152.8 rtwlIe stare . STANDARD FORM 30(REV. 1n.A.R1 • ( CONTRACT ID CODE PAGE OF PAGES="—".- -` AMENDMENT OF SOLICITAVIODIFICATION OF CONTRACT i 1 I, 1 2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (lfapplcable) P00003 24 SEP 2002 6. ISSUED BY CODE MWR-10 7. ADMINISTERED BY Of other than Item 6) CODE I M10-MW NAVY REGION SOUTHWEST CONTRACTING OFFICER MARSHA WATTS 619/556-7057 MORALE, WELFARE AND RECREATION 556-7066 FAX . 2375 RECREATION WAY BLDG 3303 SAN DIEGO CA 92136-5592 8.. NAME AND ADDRESS OF CONTRACTOR(No..street,county.State and 7/P Code) (J) 9A.AMENDMENT OF SOLICITATION NO. CITY OF SEAL BEACH 211 8TH STREET 9B.DATED(SEE HEM to SEAL BEACH CA 90740 10A. MODIFICATION OF CONTRACT/ORDER NO. X SWROTH-02-C-0006 PH(562)430-2613 FX(562)598-8560 10B. DATED (SEE ITEM 13) CODE I FACILITY CODE 30 NOV 2000 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers 1 is extended, is not ex- tended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended,by one of the following methods: la)By completing Items 8 and 15,and returning copies of the amendment;(b)By acknowledging receipt of this amendment on eacb.copy of the offer submitted; or lc) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted,such change may be made by telegram or letter,provided each telegram or letter makes reference to the solicitation and this amendment,and is received prior to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (If required) SWR OTH FUND 1199/SEAL BEACH 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. (J) A.THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority)THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CON- TRACT ORDER NO. IN ITEM 10A. B.THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date.etc.)SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103 lb). C.THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: X D.OTHER (Specify type of modification and authority) BUPERSINST 7043.1B E. IMPORTANT: Contractor © is not, I I is required to sign this document and return copies to the issuing office. 14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) MODIFY THIS CONTRACT FOR LIFEGUARD SERVICE TO REFLECT THE FOLLOWING: a. AS OF 30 SEPTEMBER 2002, THE FIRST YEAR OPTION WILL EXPIRE. NAVY REGION SOUTHWEST HAS ELECTED TO EXERCISE THE SECOND YEAR OPTION PERIOD. (01 OCTOBER 2002- 30 SEPTEMBER 2003) b. ADD FUNDING IN THE AMOUNT OF $4,500.00 FOR THE OPTION PERIOD. Except as provided herein,all terms and conditions of the document referenced in Item 9A or 10A,as heretofore changed,remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) CAROL JOHNSON REGIONAL PROCUREMENT/CONTRACTING OFFICER 15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16EUNITED ST OF' MERICA 16C.DATE SIGNED BY _- �'�.'._ cl (Signature of person authorized to sign) (Signature ntracting Officer) • -�� `" NSN 7540-01-152-8070 30-105 STANDARD FORM 301REV. 10-83) PREVIOUS EDITION UNUSABLE Prescribed by GSA FAR (48 CFR) 53.243 I NTRACT ID CODE PAGE OF PAGES (AMENDMENT OF SOLICITATIO4111ODIFICATION OF CONTRACT 1 I 1 • 2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable) • P00001 4 AUG 2001 6. ISSUED BY CODE MWR-10 7. ADMINISTERED BY (/f other than hem 6) CODE M10-DT • NAVY REGION SOUTHWEST CONTRACTING OFFICER MORALE, WELFARE & RECREATION 2375 RECREATION WAY SAN DIEGO CA 92136 8. NAME AND ADDRESS OF CONTRACTOR (No..street,county,State and ZIP Code) (V') 9A. AMENDMENT OF SOLICITATION NO. CITY OF SEAL BEACH • 211 8TH STREET 9B. DATED(SEE ITEM II) SEAL BEACH, CA 90740 TEL: 562/430-2613 A. MODIFICATION OF CONTRACT/ORDER FAX: 562/598-8560 NO. X SWRMWR-01-H-0014 108. DATED (SEE ITEM 13) CODE FACILITY CODE 30 NOV 2000 • 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS _ The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not ex- tended. • Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended,by one of the following methods: • (al By completing Items 8 and 15,and returning copies of the amendment:(b)By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (If required) SWR MWR FUND 10273 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. (�) A.THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Speck authority)THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CON- TRACT ORDER NO. IN ITEM 10A. B.THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.)SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103 (N. C.THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: X D.OTHER (Specify type of modification and atahority) BUPERINST 7043.1B E. IMPORTANT: Contractor X is not, is required to sign this document and return copies to the issuing office. 14. DESCRIPTION OF.AMENDMENT/MODIFICATION.(Organized by (/CRsection headings, including solicitation/cont ract.subject matter where feasible.) MODIFY THE CONTRACT FOR LIFEGUARD SERVICE TO REFLECT THE FOLLOWING: AS OF 30 SEPTEMBER 2001, THE FIRST YEAR OF THE CONTRACT PERIOD WILL EXPIRE. NAVY REGION SOUTHWEST HAS ELECTED TO EXERCISE THE FIRST YEAR OPTION PERIOD. (1 OCT 2001 - 30 SEPT 2002) ADD FUNDING IN THE AMOUNT OF $4,500.00 FOR THE OPTION PERIOD. Except as provided herein,all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed,remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) TOMAS R. LOPEZ REGIONAL PROCUREMENT/CONTRACTING OFFICER 15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 168.—UNITED 5TATES_OF'.MERICA/ 16C.DATE S GNED • (Signature of person authorized to sign) (Signature of Contractingibfft er) _�c C NSN 7540-01-152-8070 30-105 STANDARD FORM'30 IREV. 10-831 PREVIOUS EDITION UNUSABLE PAR (4S d by R ) 53.243 rr„ t .;.r. d , :'.. 1 h :" f' ov,• 29 00 X01 °50p a Cushman >S98 8560; p 1 . 11/29/00 10:56 FAX 61L..,o6' 6 MWR I J004 SOUCITATION, OFFER AND AWARD 1. • THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES UNDER DPAS 115 CFR 7001 1 ' 17 2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOUCITATION 5. DATE ISSUED IS_ RECLUISmON/PURCHASE SWRMWR -01 —H -0014 CJ SEALED BID (IRO NUMBER NEGOTIATED uRFPI 27 NOV 2000 1 7. ISSUED BY CODE MWR -10 B. ADDRESS OFFER TO (/I other than Item 7) NAVY REGION SOUTHWEST CONTRACTING OFFICER MORALE WELFARE & RECREATION 2375 RECREATION WAY SAN DIEGO CA 92136 NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder ". SOUCITATION 9, Sealed offers in original and copies for furnishing the au ppres or services in the Schedule will be received at the place epacified in Item B, or if handcerrled, in the depository located m until loud Ohm (I/owl (Dart! CAVTION • LATE Submissions, Modifications, and Withdrawals: See Section 1, Provision No. 52.214•7 or 52.215 -1. All offers arc subject to as terms and conditions Contained in this solicitation. 10. FOR A. NAME B. TELEPHONE (NO COLLECT CAUSI C. E-MAIL ADDRESS INFORMATION ` AREA CODE NUMBER EXT. CALL: DJUANDA TEMPLE 619 556 - 0312 _ FAX:619/556 - 7066 r • _ 1 1 TABLE OF PAGE CONTENTS IXl SEC.I DESCRIPTION IS) DO SEC. DESCRIPTION PAGEt51 PART 1- THE SCHEDULE PART 11 - CONTRACT CLAUSES X I A SOUCITA1ION/CONTRACT FORM X J i 1 CONTRACT CLAUSES X B SUPPUES OR SERVICES AND PRIC:S/COSTS PART III • LIST OF DOCUMENTS. EXHIBITS AND OTHER ATTACH. X C DESCRIPTIOWSPECSJWORK STATEMENT l J 1 LIST OF ATTACHMENTS D PACKAGING AND MARKING PART IV - REPRESFJVrATI0N5 AND INSTRUCTIONS E INSPECTION AND ACCEPTANCE REPRESENTATIONS, CERTIFICATIONS AND OTHER F DeuvEdlES OR PERFORMANCE STATEMENTS OF OFFERORS X 0 CONTRACT ADMINISTRATION DMA L INSTRS.. CONDS.. AND NOTICES TO OFFERORS H SPECIAL CONTRACT REDVIREMEMTS M EVALUATION FACTORS FOR AWARD OFFER (Must be fully completed by offefod NOTE; hem 12 does not apply if the solicitation 'includes the provision at 52.214_10. Minimum Bid Acceptance Period. _ 12. In compliance with the above, the underslgnl d agrees. If this offer is accepted within colander days 150 calendar days Imreje a different period is inferred by the oflerod from the dt,te for receipt of offers specified above. la furnish any or as Items upon which prices are offered at the mice tet oppoyte each nem, delivered at the designated po(ntfn), within the time specified in the schedule. 13.DIS000NT FOR PROMPT PAYMEN- 10 CALENDAR GAYS 1°%1 20 CALENDAR DAYS 1%1 30 CALENDAR DAYS ( %) CALENDAR DAYS 1%1 (See Section 1, Clause No. 52.232 -el 14,ACKNOWLEDGMENT OF AMEND- AMENDMENT NO. DATE AMENDMENT NO. DATE MENTS (The Wirral acltrlowkdges receipt of ' &nendmenrs to we SOLICITATION for offerors end related documents nwribered and detect): CODs I 1 FACILITY I 16. NAME AND?ITLE OF PERSON AUTHORIZED TO SIGN OFFER 15A. NAME AND CITY OF SEAL BEACH (trot oraim/ ADDRESS 211 ETH STREET .57 r -U eUSK OF OF SEAL BEACH CA 90740 SSA. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS 17. SIGN E h8. OFFE � DATE AREA CODE - NUMBER EXT. n IS DIFFERENT FROM DE • ENTER x � Z / //a goo 562 430 -2613 SUCH CH ADDRESS SS IN SCHEDULE. • AWARD (To be completed by Government) 19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION AS SPECIFIED PER CONTRACT $4,500.00 SWR MWR FUND 10273 22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION; ITEM j23.SUBMIT INVOICES TO ADDRESS 10 U.S.C. 2304(c) ( ) dt U.S.G. 253(J ( ) SHOWN IN 14 copies unless otherwise specified 24. ADMINISTERED BY (hr other than hem 7) CODE I 25. PAYMENT WILL BE MADE BY CODE I SWR MWR FUND 102 3 26. NAME OF CONTRACTING OFFICER (Type or print! TED STA c AM 28. AWARD D E TOMAS R LOPEZ 6 r / i Jo SZJC REGIONAL PROCUREMENT /CONTRACTING OFFICER (Signarure of Contriic • 0 erl IMPORTANT • Award w:) be made on this Form, or on Standard Fonn 26. or by other authorltco ofnclal written notice. AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 IREV. 9 -971 Previous edition is unusable • Prescribed by GSA - FAR (48 CFRI 53.21410 CONTRACT FOR SERVICES Contract Number SWRMWR -01 - H - 001 4 This contract, is made and entered into this day of 27 November 2000, by and between Navy Region Southwest (NRSW) Morale, Welfare and Recreation (MWR) Program, San Diego, a Nonappropriated Fund Instrumentality hereinafter called NAFI and City of Seal Beach, hereafter called Contractor. This Contract is covering Beach Lifeguard Services at Barney's Beach House for Naval Weapons Station Seal Beach. The parties agree as follows: 1. Contract Period: The period of performance for this contract will be for one (1) year, commencing 1 October 2000 through 30 September 2001. The NAFI Contracting Officer may extend this contract for successive periods at the Contracting Officer's discretion. The Contracting Officer will advise the Contractor in writing at least 30 calendar days before the contract period expires of the activity's desire to extend the period of the contract. The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years from the date of the original contract. CNRSW MWR reserves the right to add or delete other Military Installations within the Southwest Region. 2. Performance of Service /Price: a. The Contractor agrees to provide one (1) Lifeguard to provide Lifeguard service at Barney's Beach House. Contractor shall charge $21.17 per hour for six (6) hours per day. The working schedule shall be from 10:OOAM to 4:OOPM. The schedule hours of performance shall be every weekend from May 27 through September 10 including holidays and Special events. Total contract shall not exceed $4,500.00. LOCATIONS: b. Naval Weapons Station, 800 Seal Beach Blvd. Bldg. 33. (Barney's Beach House), Seal Beach, Ca 90740 -5000 Point of contact: Mark Flaherty Tel: 562- 626 -7046 3. Payment Cycle: In consideration for the services rendered, the NAFI agrees to pay the Contractor for each service completed, or on expiration of this con - tract, whichever occurs first. The amount to be paid the Contractor under the terms of this contract will be that 2 amount stipulated above, unless otherwise specified by a modification to this contract. 4. PAYMENT RATES: Payment for services performed by the Contractor will be made at the rate prescribed in paragraph 2, upon submission by the Contractor of proper invoices to the NAFI designated herein and at the time provided herein. Payments must be made in accordance with the clause titled "Invoices ". 5. Invoices: The Contractor will submit invoices every two weeks for work completed to the Navy Region Southwest Morale, Welfare and Recreation Department, 2375 Recreation Way, San Diego, California 92136 -5592. Invoices to be considered for payment shall include the information listed on page 15 of Section I. 6. PERMITS, LICENSES, TAXES AND FEES: The Contractor shall, without additional expense to the MWR NAFI, be responsible for obtaining any necessary license and permits, and to pay such taxes and fees as may be required of the Contractor and for complying with any Federal State, and Municipal laws, codes, and regulations applicable to the performance of the service. The Contractor shall also be responsible for all damages to persons and property that occur as a result of the Contractor's fault or negligence, and shall take proper safety and health precautions to protect the work, workers, the public, and the property of others. The Contractor shall also be responsible for all materials delivered and service performed until completion and acceptance of the entire service, except for any completed unit of work which may have been accepted under the Contract. 6a. TAXES: The Contractor assumes complete . liability for all taxes applicable to this property, and all his transactions arising out of or in connection with the performance of this Contract. The Contractor will not be reimbursed by MWR for any direct or indirect tax imposed by reason of this Contract or otherwise where a state law imposes a sales tax on the sale of the item and /or service by the Contractor to the authorized patron, the sales tax shall be separately stated from the sales price, added to the sales price, and collected from the patron. 6b. TAX REPORTING: The Department of Defense Financial Management Regulations and the Department of Treasury Internal Revenue Service (IRS) requires activities making payment under personal service contracts and /or other contracts aggregating $600.00 or more during a calendar year to report the aggregate amount paid to the IRS on Form 1099. 3 • PRIVACY ACT STATEMENT The information will be used to comply with IRS reporting requirements of certain payments made to individuals. Information furnished may be disclosed to other Federal, State and Local Government Agencies in the pursuit of their official duties. It may also be used for other lawful enforcement or litigation. The Social Security Number (SSN) is used for identification of individual and records. If the information requested is not provided the contract will not be executed. 7. Service Contract Act of 1965: The Service Contract act applies to all service contracts over $2,500.00. The Act requires that employers awarded a federal contract pay their employees not less than the prevailing wage rate for such employees in the locality. (Wage Determination Schedule). 8. CONTRACT ADMINISTRATION 8 -1. CONTRACTOR EMPLOYEES: The employees are employees of the Contractor, and shall be paid by the Contractor alone, and in employing such personnel, the Contractor is acting independently and not as an agent of CNRSW MWR Department or the United States Government, MWR NAFI. The Contractor shall comply with the Social Security Act, the Longshoremen's and Harbor Workers' Compensation and Unemployment Insurance Laws of the state where the service is performed hereunder and the Contractor shall comply with all other relevant legislation, State and Federal. 8a. When on the military installation, the employees shall conduct themselves in an orderly and proper manner and maintain a presentable appearance and a courteous attitude. The Contracting Officer or his /her . designated representative may require that the Contractor remove from the job employees whose conduct does not meet such standards or is inconsistent with the interest of military security. The Contractor agrees that in the performance of services under this contract, there will be no discrimination against any employee or applicant for employment because of race, creed, color sex, age or national origin. 8b. The Contractor shall maintain satisfactory standards of employee competency, conduct and appearance; and promptly investigate complaints of poor performance. 4 8c. As a minimum all employees shall present a neat, clean, well - groomed appearance. Tank tops and shorts are unacceptable attire. All male employees shall remove earrings before entering the Military Installation. 8d. A distinctive nameplate, emblem, or patch with company and individual name shall be attached to a prominent place on an outer garment. This identification is not a substitute for military installation required passes or badges. 8 -2. SUBCONTRACTS: The Contractor will not subcontract parts or the whole of this contract without obtaining the Contracting Officer's consent. If a subcontractor is permitted to execute part or all of this contract, the Contractor will continue to he held responsible for all provisions of the contract in total. 8 -3. CONTRACTING AND ADMINISTRATIVE AUTHORITY: a. The CNRSW MWR NAFI Contracting Officer is the ONLY PERSON AUTHORIZED TO APPROVE CHANGES OR MODIFY ANY OF THE REQUIREMENTS UNDER THIS CONTRACT, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CNRSW MWR'NAFI Contracting Officer. b. No agreement or understanding to modify this contract will be binding upon CNRSW MWR NAFI unless made in writing and signed by the Contracting Officer from the office that issued the contract or its successor. c. In the event the Contractor effects any change at the direction of any person other than the CNRSW MWR NAFI Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result therefor. d. Requests for information on matters related to this contract, such as explanation or terms or contract interpretation, shall be submitted to the CNRSW MWR NAFI Contracting Officer. 9. NOTICE TO CONTRACTOR OF CERTAIN DRUG DETECTION PROCEDURES: a. Pursuant to Navy Policy applicable of both Government and Contractor personnel, measures will be taken to prevent the introduction and utilization of illegal drugs and related paraphernalia into Government work areas. b. In furtherance of the Navy's drug control program, unannounced periodic inspections may be conducted by installation security authorities. 5 • c. Random inspections of vehicles on entry or exit, with drug detection dog teams as available, to eliminate them as a safe haven for storage of or trafficking in illegal drugs. d. Random inspections of personal possessions on entry or exit from the installation. e. Where there is probable cause to believe that a Contractor's employee on board a Naval Installation has been engaged in use, possession or trafficking of drugs, the installation authorities may detain said employee until the employee can be removed form the installation, or can be released to the local authorities having jurisdiction. f. Trafficking in illegal drugs and drug paraphernalia by contract employees while on Military Installations may lead to possible withdrawal or downgrading of security clearance, and /or referral for prosecution by appropriate law enforcement authorities, and /or termination of the contract. g. The Contractor is responsible for the conduct of employees performing services under this contract and is, therefore, responsible to assure that employees are notified of these provisions prior to assignment. h. The removal of Contractor personnel from a government installation as a result of the drug offenses shall not be cause for excusable delay, nor shall such action be deemed a basis for an equitable adjustment to price, delivery or other provisions of this contract. 10. CONTRACT ADMINISTRATION: a. CNRSW MWR NAFI and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the CNRSW MWR NAFI are non - personal services and the parties recognize and agree that no employer - employee relationships exist, or will exist, under the contract between MWR NAFI and the Contractor's employees. It is therefore, in the best interest of the CNRSW MWR NAFI to afford the parties a full and complete understanding of their respective obligations. b. The Contractor's personnel under this contract shall not be placed in a position where they are appointed or employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal Officer, military or civilian. 11. TITLE AND RISK: The Contractor assumes the full risk of and responsibility for any loss, destruction or damage occurring to the equipment, 6 supplies and components, such loss or damage as may be attributable to the CNRSW MWR NAFI activity by reason of the negligence of its officers, agents or employees while acting ' within the scope of their employment. The CNRSW MWR NAFI activity assumes any loss resulting from deterioration of equipment and supplies by fire or other means, provide, however, that the Contractor shall not be relieved of liability for its gross negligence or for the gross negligence of its employees. 12. INDEMIFICATION: The Contractor agrees to indemnify and hold harmless the United States (including its agencies and instrumentalities) and their officers, agents, and employees against liability (including liability for infringement upon any patent, copyright or trademark right asserted by any third party with respect to equipment and supplies ordered or any part thereof), and against any and all claims or judgments for loss, death, injury or property damage (including costs and expenses incidental thereto) arising out of or in connection with - (a) The furnishing by the Contractor of any equipment, supplies and /or services or performance of the contract, (b) Any of the actions or activities of the Contractor's,subcontractors, representatives, agents, or employees while performing the contract, or (c) Any of the Contractor's actions or activities. (1) Nothing herein above contained shall, however, relieve or be construed as relieving, the United States (including its agencies and instrumentalities), and their officers, agents and employees from any liability growing out of their negligence, not shall anything contained herein above this paragraph be construed as an assumption of indemnification on the part of the Contractor as against any such liability arising from or growing out of any such negligence. 13. CONTRACTOR EMPLOYEE AND VEHICLE PASSES: All Contractor employees shall obtain the required employee and vehicle passes. Each employee shall wear the Government issued badge over the front of the outer clothing. Passes and badges issued to Contractor employees shall not negate the requirement for employee identification required in paragraph 8d on page 5. (a) Application for and use of badges will be directed by the Contracting Officer. (1) No employee or representative of the Contractor will be admitted to the site of work unless he /she furnished satisfactory proof that he /she is a citizen of the United States or if an alien, his /her residence within the United States is legal. 7 • (2) The Contractor, the Contractor's employee, subcontractors, and other individuals requiring extended frequent entry into the activities may be issued badges that will allow simple and quick entry. In order to obtain these badges, the Contractor shall be responsible for the following actions: (a) Not less than five working days prior to the day access is desired, the prime Contractor shall prepare on company stationary, over the signature of an official of the firm, a list for use by the installation's Security Officer. The list shall be submitted to the Contracting Officer, and contain: (1) Each employee's full name, place of birth, and Social Security Number. (2) In addition, the following statement shall appear below the list of employees and above the authorizing official's signature; "I certify that the above listed employees are citizens of the United States, or Legal resident aliens." (3) On the desired date of entry, persons to whom the badge -type identification is issued, shall show proper identification upon arrival at the Security Pass Office. (b) Badges are assigned to the individual, not to the employer, and cannot be interchanged between employees. To preclude illegal entry to the installation, official badge identification shall be attached to exterior upper left portion of outer garments and shall be displayed while within the confines of the Military Installation. (c) Since a lost badge constitutes a possible security breach, immediate action is required to forestall its illegal use for unauthorized entry onto the Military Installation. Persons to whom badge -type official documentation is issued will insure that the badge is always under their direct control. Report immediately to the Contracting Officer, and the Pass Office, if a badge is lost, misplaced, stolen, or forgotten. (d) During the performance of the contract, additional personnel who may require access to the activity can be badged only after the procedures outlined above have been performed. Any individual arriving at the Pass Office requesting entry whose name has not been properly submitted prior to arrival (a minimum of three days) will not be issued a badge. In case of extreme emergency, the Contracting Officer may authorize the Pass Office to issue "one day" personnel passes. d. Return of Badges (1) All identification badges must be returned to the Pass Office upon completion of the period specified for issue, upon Contractor's termination of the individuals having badges in their possession, or upon termination of the Contract. 8 • -. (2) When an employee leaves the Contractor's services, the employee's pass and badge shall be returned within 3 calendar days to the Contracting Officer. (a) All badges shall be returned by the Contractor prior to final payment. The Contractor's final invoice shall include a written statement from the Contracting Officer that all badges have been returned. 13.b Before vehicle decals are issued for Contractor's and employee's vehicles, the requesting individual must provide the following to the Contracting Officer: (a) A valid ID badge. (b) The vehicle license plate number. (c) Valid State Operator's License. (d) Proof of motor vehicle insurance meeting or exceeding California minimum requirements and the clause entitled "Insurance" in this contract. (e) Copy of the current vehicle registration. 13c. It shall be the responsibility of the Contractor to insure all insurance requirements are in place during the entire contract period. e. Termination of Registration (1) The Contractor shall remove all decals and turn in the scrapes to the Contracting Officer: (2) Prior to the sale or disposal of any registered vehicle. (3) Upon completion of the services under this contract. 14. INSURANCE: The Contractor shall, at his own expense, procure and maintain during the entire performance of this contract insurance of at least the kinds and minimum set for in Section I, pages 14 and 15, paragraph 10 titled "Insurance ". The Contractor shall provide a copy of the insurance to the NAFI Contracting Officer before start of performance under this contract. 15. GOVERNING LAW: 1. If any clause or provision herein shall be ruled invalid or unenforceable, it shall not affect the validity of any other clause or provision, which shall remain in full force and effect. 9 Nov 29 00 01:50p S ve Cushman 562 598 -8560 p.2 • 11/29/00 10:59 FAX 81' " W 8 MWR • (iI013 • • 2. NAFI clauses attached are hereby incorporated by reference and Non - Appropriated Clauses take precedence over anything - written in the resultant contract. TOMAS R. LOPEZ , STEVE CUSHMAN NAME OF CONTRA 'G OFF R NAME j F CONTRACTOR SIGNATURE OF CO V - IGNATURE OF CONTRACTOR OFFICER -- 2375 RECREATION WAY 211 e STREET San Diego CA 92136 -5592 SEAL BEACH CAL. 90740 TEL: (619) 556 -8428 TEL: 562/430 -2613 FAX: (619) 556 -7066 FAX: 562/598 -8560 ADDRESS E. PHONE /FAX NUMBER ADDRESS & PHONE /FAX NUMBER :DATE ,3O !' V °W (27 DATE ///CYA) • BUPERSINST 7043.1A PART II SECTION I • NONAPPROPRIATED FUND CONTRACT CLAUSES TABLE OF CONTENTS 1. DEFINITIONS 2. ADVERTISEMENTS 3. ASSIGNMENT • 4. COMMERCIAL WARRANTY 5. DISCOUNTS FOR PROMPT PAYMENT • 6. DISPUTES • 7. EXAMINATION OF RECORDS 8. GRATUITIES • 9. HOLD AND SAVE HARMLESS 10. INSPECTION • 11. INSURANCE • 10 _ 411 12 . INVOICES 13 . LAW GOVERNING CONTRACTS 14 . LEGAL STATUS 15 . MODIFICATIONS 16. ORDER OF PRECEDENCE 17 . PAYMENTS 18 . PROOF OF SHIPMENT 19 . TAXES 20 . TERMINATION FOR CONVENIENCE 21 . TERMINATION FOR DEFAULT 22 . VARIATION IN QUANTITY (Incorporated by Reference) 23 . OFFICIALS NOT TO BENEFIT 24 . COVENANT AGAINST CONTINGENT FEES 25 . CONVICT LABOR 26. WALSH-HEALY PUBLIC CONTRACTS ACT 27 . EQUAL OPPORTUNITY 28 . AFFIRMATIVE ACTION - VETERANS 29 . AFFIRMATIVE ACTION - HANDICAPPED WORKERS 30 . CERTAIN COMMUNIST AREAS 31 . EXTRAS 32 . CHANGES - FIXED PRICE 33 . RESPONSIBILITY FOR SUPPLIES 34 . CLEARANCE AND DOCUMENTATION - SHIPMENTS 35 . CONTRACT WORK HOURS & SAFETY STANDARDS ACT 36. SERVICE CONTRACT ACT OF 1965 37 . INSPECTION OF SERVICES - FIXED PRICE BUPERSINT 7043 . 1A II • PART II SECTION I NONAPPROPRIATED FUND CONTRACT CLAUSES 1. DEFINITIONS - As used throughout this contract, the following terms and abbreviations have the meanings set forth below: a. The term "Contract" means this agreement or order and any modifications hereto. b. The abbreviation "NAFI" means Nonappropriated fund Instrumentality of the United States Government. c. The term "Contracting Officer" means the person executing or responsible for administering this contract on behalf of the NAFI which is a party hereto, or his successor or successors. d. The term "Contractor" means the party responsible for providing supplies and /or services at a certain price or rate to the NAFI under this contract. 2. ADVERTISEMENTS - Contractor agrees that none of its nor its agent's advertisements, to include publications, merchandise, promotions, coupons, sweepstakes, contests, sales brochures, etc., shall state, infer or imply that the contractor's products or services are approved, promoted or endorsed by the NAFI. Any advertisement including cents off coupons, which refers to a NAFI will contain a statement that the advertisement is neither paid for nor sponsored in whole or in part by the particular activity. 3. ASSIGNMENT - Contractor may not assign his rights or delegate his obligations under this contract without prior written consent of the Contracting Officer. 4. DISCOUNTS FOR PROMPT PAYMENT - In connection with any prompt payment discount offered, time will be computed from the date of the contractor's invoice. Payment is deemed to have been made as of the date on the payment check or date on which electronic funds transfer is made. 5. DISPUTES - a. Except as otherwise provided in this contract, any dispute or claim concerning this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall state his decision in writing and mail or otherwise furnish a copy of it to the Contractor. Within 90 days from the date of receipt of such copy the Contractor may appeal by mailing or 12 III III otherwise furnishing to the Contracting Officer a written appeal address to the Armed Services Board of Contract Appeals and the decision of the Board shall be final and conclusive: provided that if no such appeal is filed the decision of the Contracting Officer shall be final and conclusive. The Contractor shall be afforded an opportunity to be heard and to offer evidence in support of any appeal under this clause. Pending final decision on such a dispute, however, the Contractor shall proceed diligently with the performance of the contract and according to the decision of the Contracting Officer unless directed to do otherwise by the Contracting Officer. b. The "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph "a" above, provided that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 6. EXAMINATION OF RECORDS - a. The clause is applicable if the amount of this contract exceeds $10,000 and the contract was entered into by means of negotiation. The Contractor agrees that the Contracting Officer or his duly authorized representative shall have the right to examine and audit the books and records of the Contractor directly pertaining to the contract during the period of the contract and until the expiration of three years after the final payment under the contract. b. The Contractor agrees to include the clause in "a" above in all subcontracts hereunder which exceed $10,000. 7. GRATUITIES - a. The NAFI may by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract if it is found after notice and hearing, by the Secretary of the Navy or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the Government of the NAFI with a view toward securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract. b. In the event the contract is terminated as provided for paragraph "a" hereof the NAFI shall be entitled (i) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of contract by the Contractor and (ii) as a penalty in addition to any other damages to which it may be entitled by law to exemplary damages in an amount (as determined 13 III III by the Secretary of the Navy or his duly authorized representative), which shall be not less than three nor more than ten time the cost incurred by the Contractor in providing any such gratuities to any such officer or employee. c. The rights and remedies of the NAFI provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 8. HOLD AND SAVE HARMLESS - The Contractor further agrees to hold NAFI harmless from all claims or judgments for damages resulting from the use of services listed in this contract, except for such claims or damages caused by or resulting from the negligence of NAFI customers, employees, agents or representatives. Also, Contractor shall at all time hold and save harmless NAFI, its agents, representatives and employees from any and all suits and expenses to the extent caused by the negligent acts or omission of Contractor, its agents, representatives, or employees. 9. INSPECTION - Unless otherwise provided herein, inspection shall be made after receipt of the supplies by the ordering activity, or after completion of services by the Contractor. Inspection and acceptance shall not be conclusive with respect to latent defects or fraud, or with respect to the NAFI's rights under the Proof of Shipment provisions contained herein. In case any supplies or services are defective in material or workmanship, or are otherwise not in conformity with the requirements of this contract, the NAFI shall have the right to reject such supplies or services, or to require replacement or correction. Rejected supplies shall be removed by and at the expense of the Contractor promptly after notice. If required by the NAFI, the Contractor, after notice of defect or non- conformance, shall, with all possible speed, correct or replace the defective or non - conforming supplies or services, or any part thereof. When such correction or replacement requires transportation of the supplies or part thereof, all shipping costs to and from the Contractor's plant shall be borne by the Contractor. 10. INSURANCE - a. The Contractor shall, at his own expense, procure and maintain during the entire performance period of this contract insurance of at least the kinds and minimum amounts set forth herein. b. At all times during performances, the Contractor shall maintain with the Contracting Officer a current Certificate of Insurance showing at least the insurance required herein, and providing for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation. 14 . 0 c. The Contractor shall also require all first -tier subcontractors who will perform work on a Government installation to procure and maintain the insurance required herein during the entire period of their performance. The Contractor shall furnish (or assure that there has been furnished) to the Contracting Officer a current Certificate of Insurance meeting the requirements of (b) above for each such first -tier subcontractor, at least five (5) days prior to entry of each such subcontractor's personnel on the Government installation. In implementation of the insurance clause above the Contractor shall procure and maintain: (1) Workman's compensation as prescribed by the laws of the state in which the work will be performed and employer's liability insurance. (2) General Liability insurance wherein the NAFI and the United States are included as named insured stating that such insurance is primary (secondary to or contributory with no other insurance). Policy limits of $500,000 per person - $1,000,000 per occurrence for injury or death, and $100,000 property damage per occurrence are required. (3) Contractor is responsible for damage or loss to his owned or leased equipment. Claims will be honored only if it can be shown that the NAFI was negligent and caused damage or loss to the equipment. 11. INVOICES - An invoice is a written request for payment under the contract for supplies delivered or for service rendered. In order to be proper, an invoice should include (and in order to support the payment of interest penalties must include) the following: (i) Invoice date; (ii) Name of Contractor; (iii) Contract number (including order number if any), contract description of supplies or services, quantity, contract unit of measure and unit price and extended total; (iv) Shipment number and date of shipment (Bill of Lading number and weight of shipment will be shown for shipments on Government Bills of Lading); (v) Name and address to which payment is to be sent (which must be the same as that in the contract or on a proper notice of assignment); (vi) Name (where practicable), title, telephone number and mailing address of person to be notified in event of a defective invoice; and (vii) Any other information or documentation required by other provisions of the contract (such as evidence of shipment). 15 ! M Invoices shall be prepared and submitted in duplicate (one copy shall be marked "Original ") unless otherwise specified. 12. LAW GOVERNING CONTRACTS - In any dispute arising out of this contract, the decision of which requires consideration of law questions, the rights and obligations of the parties shall be interpreted and determined according to the substantive laws of the United States of America. 13. LEGAL STATUS - The NAFI is an integral part of the Department of Defense and is an instrumentality of the United States Government. Therefore, NAFI contracts are United States Government contracts; however, they do not obligate appropriated funds of the United States. NO APPROPRIATED FUNDS OF THE UNITED STATES SHALL BECOME DUE OR BE PAID A CONTRACTOR BY REASON OF THIS CONTRACT. 14. MODIFICATIONS - No agreement or understanding to modify this contract will be binding upon NAFI unless made in writing and signed by a Contracting Officer from the office that issued the contract or its successor. 15. ORDER OF PRECEDENCE - In the event of an inconsistency between provisions of this solicitation /award, the inconsistency shall be resolved by giving precedence in the following order: (1) Supplies or Services and Prices /Costs, (2) Description /Specs /Work Statement, (3) Special Contract Requirements, (4) Contract Clauses, (5) other provision of the solicitation /award. 16. PAYMENTS - Payment of prices stated in this contract will be made according to the Prompt Payment Act, as amended. Unless otherwise specified payment will be made on partial deliveries accepted by the NAFI when the amount due on such deliveries so warrants. Payment is deemed to have been made as of the date on the payment check or date on which electronic funds transfer is made. 17. PROOF OF SHIPMENT - (Applicable to shipments outside the United States through the Defense Transportation System (DTS) and Parcel Post shipments to overseas destinations). Except as otherwise provided in this contract, payment will be made for items not yet received upon receipt of an invoice accompanied by proof of delivery to a postal system or common carrier if delivery is FOB point of origin. For deliveries FOB destination name port of embarkation, invoice must be accompanied by signed receipt by a government representative at named port. 18. TAXES - The prices herein reflect full reduction for taxes which are nonapplicable. In addition to exemption from Federal excise taxes by virtue of exportation, all tangible personal property sold to NAFIs for resale is exempt from state sales and 16 411 III use taxes. All sales other than for resale depend on state law or federal constitutional immunity for exemption from state sales and use taxes. 19. TERMINATION FOR CONVENIENCE - The Contracting Officer by written notice may terminate this contract, in whole or in part when it is in the best interest of the NAFI. If this contract is for supplies and is so terminated, the Contractor shall be compensated according to FAR Subparts 49.1 and 49.2 in effect on the date of this contract. To the extent that this contract is for services and is so terminated the NAFI shall be liable only for payment according to the payment provisions of this contract services rendered prior to the effective date of termination providing there are no Contractor claims covering nonrecurring costs for capital investment. If there are any such Contractor claims, they shall be settled according to FAR Subparts 49.1 and 49.2 20. TERMINATION FOR DEFAULT - The Contracting Officer, by written notice, may terminate this contract in whole or in part for failure of the Contractor to perform any of the provisions hereof. In such event the Contractor shall be liable for damages including the excess cost of reprocuring similar supplies or services; provided that, if (i) it is determined for any reason that the Contractor was not in default; or (ii) Contractor's failure to perform is without his or her, or his or her subcontractor's control, fault or negligence the termination must be deemed to be a termination for convenience. As used in this provision, the term "subcontractor" means subcontractor at any tier. 21. VARIATION IN QUANTITY - No variation in quantity of any item called for by this contract will be accepted unless authorized by the Contracting Officer. 22. PROTESTS - Offers are encouraged to resolve any complaints or issues they may have with the Contracting Officer in an informal manner. However, where an Offeror is not satisfied with a procurement decision of the Contracting Officer, that Offeror may file a written protest with the Contracting Officer and the Contracting Officer will issue a final decision on the protest. Any interested party who is dissatisfied by the Contracting Officer's final decision on the protest may file a written appeal with the Commanding Officer. 17 1 Attachment A Lifeguard charges in current Comprehensive Fee Schedule dated June 25, 2007. $25 per hour /4 -hour minimum We will notify you if the City Council increases this amount for the 2008 -2009 Fiscal Year (FY). (The City Council typically reviews fees and may increase a fee, effective July 1 for each new fiscal year.) Beach cleaning charges: current rates for use of Public Works Department personnel and equipment. As of 7/1/07, the hourly rate for Maintenance Worker is $25.46 per hour, 4 hour minimum. (This fee will increase on January 1, 2008 and on July 1, 2008 in accordance with the City Employee Memorandum Of Understanding with OCEA for FYs 2006 -2009 under which City Maintenance Workers will receive a market equity adjustment of 2% effective January 1, 2008 and a cost of living adjustment from 3 -5% effective July 1, 2008. In addition, the MOU also provides for annual increases in contribution to the employees health plan benefit.) Current equipment rates are: New Holland Tractor ( #91) $19.47/hr. John Deere Tractor ( #75) $25.77/hr. Beach King Sanitizer ( #119) $15.00/hr. 15 Foot Rake ( #125) $15.00/hr. 2005 Barber Surf Rake ( #94) $30.00/hr. In the event the city hires an outside contractor to perform the Services or any portion thereof, the City will pass through to NRSW the actual amount charged by the Contractor to the City, plus a 15% administrative fee which is charged for city administration of all outside services. 11/;'9/05 16:12 FAX 6195567066 MWR f1002 • 1 SWRMWR -06 -H -0002 MEMORANDUM OP UNDERSTANDING BETWEEN NAVY REGION SOUTHWEST (NRSW) MORALE, WELFARE & RECREATION AND CITY OF RiAL BEACH This Memorandum of Understanding (MOLD) is made and entered into by and between Navy Region Southwest (NRSW) Morale, Welfare and Recreation (MWR) Department, San Diego and City of Seal Beach. 1. PURPOSE: The purpose of this MOU is tp establish responsibilities and procedures for providing lifeguard services and beach cleaning services at Barney's Beach House Naval Weapons Station Seal Beach. 2. TERMS AND TERMINATION: This MOU is effective as of 1 October 2005 and shall remain in effect for 12 months. This MOU May be extended in 12 -month increments by mutual written agreement In no event will the extension period exceed a period of five (5) years from the date of the original MOU. Either party may terminate this MOU by written notice to the other party. Said terrniration shall be effective upon receipt of notice by the other party. 3. CITY OF SEAL BEACH RESPONSIBIL 'PIES. City of Seal Beach shall_. a. Provide all necessary lifeguard services, first -aid and lifesaving equipment at Barney's Beach House for a 4 hoar minimum and 6 hour maximum per day. b. ' Scheduled workdays are Saturday's and Sundays from May 21 through September 1 O including holiday's and Special events. The working schedule shall be from 10:00 A M to 4:00 M unless specified otherwise. c. Deploy a supervisory lifeguard for situations requiring back up and provide a "break guard" or substitute for the lifeguard on duty while he/she takes any necessary breaks. d. Provide a once a month beach cleaning service. • e. Fully dispose of trash in full accor3ance with the applicable state and federal laws and regulations. 11/09/05 16:12 FAX 6195567066 MWR Z003 • f Beach Cleaning includes; sand rake drives back and forth, rake debris off the sand, manually pick up large debris, and dispose of all the debris. g. Maintain a phone system with a ,message center for the duration of this MOU. 4. FINANCIAL CONSIDERATION. a. Lifeguard service charge at $25.00 pier hour for a 4 hour minimum and 6 hour maximum per day. ' b_ Beach Cleaning service charge at $1.30.00 per beach cleaning once a month. c. For additional tasks, $60.00 per hour charge upon approval by site POC: Larry Hartley @ (562) 626 -7046. d. Payment shall be made by MWR upon the completion of service and receipt of a valid invoice at the prices stipulated above. c. Cost of services provided hereunder :';hall be reviewed annually. 5. LOCATION AND POINTS OF CONTACT. Naval Weapons Station, 800 Seal Beach B1viL Bldg.33 (Barney's Beach House) Seal Beach Ca 90740 POC: Larry Hartley @ (562) 626 -7046 City of Seal Beach 211 8 Street Seal Beach Ca 90740 POC: Ross Pounds @ (562) 430 -2613 (562) 598 -8560 FA): 6. MODIFICATIONS. This MOU may not Ix': amended, altered, modified, or changed in any way except by written agreement signed by the parties hereto. No agreement or understanding to modify this MOU will be binding upon MWR unless it is made in writing and signed by the Contracting Officer; 11/09/05 .16:12 FAX 6195567066 __ MWR fi 001 ■ 7. ENTIRE AGREEMENT. This MOU conta s the entire understanding between the parties hereto relating to the subject matter her6in and supersedes any and all prior MOUs, agreements, arrangements, communications, or representations, whether oral or written. IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed. For MWR: For CITY OF SEAL BEACH: ' q ( t ) „2 /� (K 055 Pau nal) CARO • 1 SON REGIONAL PROCUREMENT/ ' LIFEGUARD c. T Al N-1 CONTRACTING OFFICER 2375 RECREATION WAY 211 8 1.11 STREET SAN DIEGO CA 92136 SEAL BEACH CA 90740 TEL: (619) 556 -8620 TEL: (562) 430 -2613 FAX: (619) 556 -7065 FAX: (562) 598 -8560 I012O / O C L c ( 18 ! 0 5 DATE DATE . _ _r __.._ • - • - • • • •