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HomeMy WebLinkAboutC-1138 - Reimbursement agreement for lifeguard services by City 1967-68I 1 2 3 4 6 6 7 8 9 to 11 12 13 14 oo 15 t,uu 'Z 16 2 °uc 17 M • 19 20 21 22 23 24 25 26 27 28 29 30 31 32 :ft 11011.1 THIS AGREEMENT, made and entered into by and between the COUNTY OF ORANGE, a body politic and corporate, hereinafter referred to as the "COUNTY ", and the CITY OF NEWPORT BEACH , a municipal corporation, located within the County of Orange, hereinafter referred to as the "CITY ", W I T N E S S E T H: WHEREAS, the CITY is situated on the coastline of the County of. Orange where many and various persons, not necessarily residents of the CITY, but including as well residents of the COUNTY, all other counties in the State of California, and of other states and foreign Countries, come for relaxation and enjoyment of the beaches in the CITY, thereby adding to the burden of the CITY and the necessity of ample and sufficient lifeguard service on said beaches; WHEREAS, the City Council of the CITY has adopted a resolution by a four- fifths vote of all its elected members, making therein the findings required by Sections 25551 and 25552 of the Government Code . of the State of California, a.certified copy of which resolution is attached hereto; and WHEREAS, the Board of Supervisors of the COUNTY has adopted by a four - fifths vote of all its members, Resolution No. 67 -853, dated August 8. 1967 making the findings required by Section 25553 of the Government Code; NOW, THEREFORE, it is agreed between the CITY and the COUNTY as follows: 1. CITY agrees to provide lifeguard services during July, August, September, and June of the 1967 -1968 fiscal year, and at all such time during the remainder of such fiscal year as the need for the same may exist, it being expressly understood that CITY shall respond,' with qualified personnel, to emergency calls therein at any time during such fiscal year. 1. 2. CITY agrees to employ only properly trained and qualified 211 lifeguards and supervisory personnel in the discharge of its obligations 3 under this Agreement, and to maintain 4 training program, satisfactory comple 5 for all lifeguards employed by CITY. 6 adequate supervisory personnel at all 71,1 the parties that lifeguard service of 811 be available at all times. and provide an appropriate :ion of which shall be mandatory CITY further agrees to provide times, it being the intent of high quality and standards shall 9 3. COUNTY hereby designates the Director of Harbors and Beaches, 10 Orange County Harbor District, as its liaison officer for the purposes 11 of the administration of this Agreement. CITY shall file monthly with 12 such liaison officer a complete written report of its activities and 13 services rendered pursuant to and under this Agreement. 19 14 4. COUNTY, in consideration of the performance by CITY as in September 1, 1967 $10,388.33 21 October 1, 1967 ;o 15 this Agreement provided, does hereby appropriate and agree to pay to 23 February.l, 1968 $ 10,388.33 24 May 31, 1968 16 CITY the sum of Sixty -two Thousand Three HuAdred Thirty Dollars 26 5. It is further agreed, however, U° 17 ($ 62,330.00 ), payment to be made on the dates and in instal 28 18 ments as follows: 29 19 August 1, 1967 $10,388.33 20 September 1, 1967 $10,388.33 21 October 1, 1967 $10,388.33 22 November 1, 1967 $ 102388.33 23 February.l, 1968 $ 10,388.33 24 May 31, 1968 $_10,388.35 25 26 5. It is further agreed, however, that CITY will respond with 27 qualified personnel anywhere within the COUNTY to the extent there are 28 qualified personnel available which the Chief Lifeguard of the CITY, 29 or his subordinate then on duty, determines are not immediately needed 30 within the CITY when, in the opinion of the Director of Harbors and 31 Beaches, an emergency exists which warrants additional assistance 32 2. 1 2 3 4 5 6 7 8', 9 10 11 12 13 14 W . o 15 yWu :�° 16 °Z 7° u 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 I. 0 0 beyond the ability of any one jurisdiction to control. 6. It shall be the duty of the Chief Lifeguard of CITY to immediately notify the Harbor District in the event of sea rescue or aircraft emergencies whereby other City, District, or State rescue units may be alerted and coordinated for standby or assistance. 7. The control and supervision of all lifeguards and other rescue personnel of the CITY who shall be so called to duty at any such emergency, shall be in the lifeguard or other public officer or employee in charge of the area where such emergency occurs. 8. All personnel of the CITY while on emergency duty hereunder, and while going to and returning from the scene of such emergency, shall be deemed to remain the employee of the CITY, and any State personnel' furnished for an emergency on any beach at which the CITY furnishes lifeguard service hereunder shall likewise be deemed to remain a State employee. 9. If, within the CITY'S qualified personnel, there are life- guards trained to use', and equipped with, Self- Contained Underwater Breathing Apparatus (SCUBA), such personnel shall be made available to serve to the extent reasonably permitted by their capabilities, training, experience and equipment as determined by the Chief Lifeguard of CITY in an Orange County underwater rescue team coordinated and called into duty by the Director of Harbors and Beaches. IN WITNESS WHEREOF, COUNTY has caused this Agreement to be executed by the Chairman of its Board of Supervisors, and attested by its Clerk, and CITY has caused this Agreement to be executed by its Mayor, and attested by its Cleric, all thereunto duly authorized on the dates set forth opposite their respective signatures. DATE: / 1967. CITY OF . NEWPORT BEACH ATTEST: By Lztez_ Mayor City APPROVED 4S TO FORM Dated: j M CITY A ORNEY By.......,. 3. I DATE: AUG -g 1967. 2 3 ATTEST: 4 W. E. ST JOHN County Clerk -and ex- officio Clerk 5 of its Board of Supervisors 6 7 By Deputy' g 9 10 - 11 �.. 12 13 14 M 15 uUU ,H 16 oz'� o0 U 17 18 19 20 21 22 23 24 25 26 27 281 29 30I 31I32, 4. COUNTY OF ORANGE, a body politic. and corporate By j . . Zh dirrhan of s Board-o Super- visors 4 5 7 10 ti 12 13 iy 14 15 A, 16 17 18 19 20 21 22 ..23 24, 25 26 27 28 29 30 32 11 A 07 7'---;lT', �31'1,i' Qk JLY A ID 71E.',N TILE 071 r-1-1-- oil Al 4.r C4ty, -zesult-InS IlQcr,- a.-,,Oucl cost to j I-ifc..-,u,-=d se=vic--S; and provie-=Z s.-.id 5cr4i4cs for L-1-ve -'--aaval �awz st= 04, 15la320; and !.7�,TPEJiSs ar Aiv2reome7t has bem, prosanz,--d cc, r0iq, Council in u. "rich Or"M— ."oi�n-v -0 Ply �j-"-Y s. raimburse t1he City fcr T:M;"7RE-rM*-lzzv 'E"P? IT REE!,YLVIO that the cil* comalL 01 the City of Neuqport th'-st tlla Ccl- Z :111-1--X'3 ­D4"333 -60 lnanz�al assistance En -7,,a ra: Cit;, f3r said lacreaso.-I s l'-s Lis J-j t'Ac,Mayor and City Clork arIC berelby atxtbarlZad and kl ore ctal tL,,, said agre=--at oa behalf 0.1 the City. A 2T 0� -4" y�;-4 D E, IN 47 mayor STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH ) I, LAURA LAGIOS, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. GGI19— was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the lothday of July , 1967, by the following vote, to wit: AYES, COUNCILMEN: Rogers, Parsons, Marshall, Gruber, Cook, Forgit, Shelton NOES, COUNCILMEN: None . ABSENT, COUNCILMEN: Dated this 11th day of July , 1967. City -Clerk and Ex- Officio C/erk of the City Council, City of Newport Beach, State of California 1'. 2 3 A 5 6 7 8 9 10 11 12 13 14 W D Z :3 0 15' a Oa �u :�j 16 aZj yea U 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 JSO;rl • 0 16 RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA August 8 , 1967 On motion of Supervisor Allen , duly seconded and carried, the following Resolution was adopted: BE IT RESOLVED that the Chairman of this Board be and he is hereby authorized to execute those certain Agreements between the County of Orange and the City of Newport Beach and the Orange County Harbor District and the City of Newport Beach, both dated July 12, 1967, for lifeguard services to be provided by City, and the Clerk of this Board be and he is hereby directed to'attest the same. AYES: SUPERVISORS ALTON E. ALLEN, WM. HIRSTEIN, C. M. FEATHERLY, WILLIAM J. PHILLIPS.AND DAVID L. BAKER NOES: SUPERVISORS NONE ABSENT: SUPERVISORS NONE STATE OF CALIFORNIA) )) ss. COUNTY OF ORANGE I, W. E. ST JOHN, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 8th day of August 1967, and passed by a unanimous vote o said Board. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 8$_ day of August , 1967. I - - -ST ..JOT�N' County Cler -c -'and ex- officiri' Clerk of the Board of�- Supervisors of;;Qrange �4*nty, California' By Deputy `•, Resolution No. 67- 853 Agmts. - Lifeguard Ser ices for County and Harbor Dist. by City '• Li)' of Newport Beach 0 TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. 1136 9 Date August 174 1967 Authorized by Resolution No. 6609 , adopted on July 10, 1 967 Date Mayor and City Clerk executed Contract July 12. 1967 Effective date of Contract July 12, 1967 Contract with County of Orange Address Brief description of Contract ■ainbursomt agrasaeut for Lilagaard 8oryias by City - 1 %7 -68 Amount of Contract $62.330.00 City Clerk • 0 r of NC3E OFFICE OF THE COUNTY CLERK AND CLERK OF THE SUPERIOR COURT August 10, 1967 City of Newport Beach Laura Lagios, Acting City Clerk 3300 West Newport Boulevard Newport Beach, California 92660 Dear Mrs. Lagios: W. E. ST JOHN COUNTY CLERK TELEPHONE: 834 -2200 AREA CODE 714 ADMINISTRATION BUILDING 6TH AND SYCAMORE STREET P. O. BOX 838 SANTA ANA, CALIFORNIA 92702 Nf�TY of 96w I am enclosing two copies of Resolution No. 67 -853, adopted by the Board of Supervisors of Orange County on August 8, 1967, authorizing the execution of Agreements for Lifeguard Services between the City of Newport Beach, the County of Orange and the Orange County Harbor District, together with two copies each of said Agreements. Very truly yours, W. E. ST JOHN, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California By 7 puty Clerk ME YOU CAN'T VOTE .... UNLESS YOU'RE r, :� _­mt y A dm in; v I ma arcelarta aacn of the followinw,, I Propoo-od 'n ween the Orange County;'R:._ Harbor 14xtrAL­ *de City of Nowp;-. rt S"Ch ZonaerA in % th® _J — the City's life, rdis on beach*& under r"o.*dictlowet the District." L Proposed sg.-,eament bet. ­v- a V'A County OCO ange and the City of Newport Beach conierninj tb* granting of finsuctul Smaimiante Pursuant to Section ZSSO of the Go-it.mment Code. A certified copy of Reaclation No. 6603 authorizing the oxocution of Agreement No. I with the Harbor District to Certified copies o-l' 4tesolution No. 6609 authorisina,eibecution of ,?­veernent N• . 2 AtF Of jtr %ttA% t., ROWE .F t3* *&row to my Of Very IL Marine Safftty Dkrector . Finance Directer IL COUNTY ty Of ARTHUR C. WAHLSTIFOT. JV, LOUIS L. SELOY RONALD STEELMAN WILLIAM J. , CCOUR7 OIEPH W. &LOCKER JOHN W. ANDERSON JAMES S. OKAZAKt KEITH WELPUTT RICHARD J.RANGER ARRY S. M, C;JIAELSON TIMOTHY L. 9WRADER Mr. Harvey Hurlburt City Manager 33;9 Newport Boulevard Newport Beach, California Dear Mr. Hurlburt: Enclosed are twelve Proposed k Harbor Dis use of.the the jurisd 9OX. 1$63 • "NTA AMA. CALIFORNIA 09792 colds of the folleiving: ant !_�eto&M the Orange Co=ty--1-___71 and your City conceznU* the- Is lifeguards on beaches under n of the DiattiCt. 2. Proposed Agreement between the 900tY a" =99 and yoor,,City concerning the gr 0 insin- cial assistance pursua to sec taOkwo of the Government Code. You will, reC411 that in past years& both of-the fQV W � itkg items were contained in a single agreement vitb the C"ty. The County has, however, transferred certain Coua4y beach ow ... �to the i __' i u r spa"ibilitv range County Har'Cor District and has assigned the re for all life .lard services to the District. The firAnciAl assisia'n_^e grer.:C-i p-arsua',-­*. to Se rion 25550, however,_ 10 still compensation paid by the County. We request that you present these matters to your City Council for their approval and execution of the AgreftMtg by the Mayor. Your Resolution should cover 04ch of the items listed above separately. Please return a certified copy of ydor Resolu- tion together with eleven executed copies of tho.encloW Agree- ments to this office. truly yipars, ADRIAN MWERe CWHIM-9 ,WMEL • • C' -03' CITY OF NEWPORT BEACH CITY ATTORNEY DEPKITMENT July 6, 1967 To: The Honorable Mayor and Members of the City Council From: City Attorney '95— Subject: Reimbursement agreements with the Orange County Harbor District and the County of Orange for lifeguard services furnished by the City during the fiscal year 1967 -1968 1?,460J The first agreement, with the Orange County Harbor District, pro- vides that the City will furnish lifeguard services in unincorpo- rated areas adjacent to the City limits for which the Harbor District agrees to reimburse the City in the amount of $19,740. The second agreement, with the County of Orange, provides that the City will receive the sum of $62,330 from the County as finan- cial -aid to reimburse the City for the increased cost of providing lifeguard service on City beaches to residents of the County who are not residents of the City. THS :mec Tull, Seymo r City Attorney cc - City Manager Marine Safety Director Finance Director C'. ii3� CITY OF NEWPORT BEACH CITY July 6, 1967 To: The Honorable Mayor and Members of the City Council From: City Attorney ,� ff- Subject: Reimbursement agreements with the Orange County Harbor District and the County of Orange for lifeguard services furnished by the City during the fiscal year 1967 -1968 p_L &4 The first agreement, with the Orange County Harbor District, pro- vides that the City will furnish lifeguard services in unincorpo- rated areas adjacent to the City limits for which the Harbor District agrees to reimburse the City in the amount of $19,740. The second agreement, with the County of Orange, provides that the City will receive the sum of $62,330 from the County as finan- cial -aid to reimburse the City for the increased cost of providing lifeguard service on City beaches to residents of the County who are not residents of the City. THS :mec cc m City Manager Marine Safety Director Finance Director Tud r City Attorney 2 4 6 8 THIS AGREA% OF _6"E a oody the and corporation, located toU -. the "CITY ",. A G R THIS AGREA% OF _6"E a oody the and corporation, located toU -. the "CITY ",. made and and corporate, OF the County of WITNESSET, is situated on the co Oraii&'e where man*_,4-'nd various persons, not the -CITY, but U luding as well residents 0; counties in the.,-State of California, and of countries, come'Ior relaxation and enjoyment of CITY, thereby adding to the burden of the CITY ample and suf f icl*.6t lifeguard service on said 1 WHEREAS. the City Council of the CITY hie, by a four-fifths vote of all its elddtod membstj findings required Sections 25551 and of the State of CalifiWnia, a certified copy_.of attached hereto; and WHEREAS, the Boatd, of Supervisors of th*a101 chiis inl.the_.ir oesssity of : , . a four-fifths vote of all its members, Resolutim-,-No. MA dated making the f red by,.1"tie 4 25553 of.the Goverment Code; NOW, THEREFORE, it is agreed between hs€ `and U4 COUNTY. 1. . . . . . . .... 3f' _ _� �.. �I s _zy ability of any one ° 2II 6. I fire duty Of Chief Lif a ; .. immediately notify the tict in the event of sea �- aircraft e.;,ergenei.e5 w .er "r pit y, riot, or State o; units may be alerted and c ated for s or ask e. Gf 7. The contro -L And su of all lifeY er ' �. 7j1 rescue personnel of CITY who so called t any : such I 8!� emergency, shall be in i re Ifeguar star public o �r 9' employee in charge of the eirere suc erg ncy. occurs. ' l0i 8. All personnel of ^ :while on chi duty hereunder, 11!� and While going to atW teturni, 43 scene o rg ncy, shall.; I 121: be deemed to remain t2_employee o I' and art . Y per 131' furnished for an emergency on_.any beach *kjAj#Uh the ishes 14!1 lifeguard service hereunder) likewise deemed to a.. State ao; lo; employee. UUU :oz 16ij 9. If, within the CITY `5 uaWied p there are Life° r= 80 1711 guards trained to use-'and equippe , Seltain derwater 181 Breathing Apparatus (SCUBA), such personnel be ma �� vailabie to 19j serve to the extent reasonably peritted b capaies, training, 20j experience and equipment as deternined by t -of Liferd of CITY 21! in an Orange County underwater:zescue. tea m d ifated and called. into . . 2211 duty by the Director of Harbors and'Beachesi f 23I IN WITNESS WHEREOF, COUNTY has caused thf reenent to be 24i! executed by the Chairman of its Board of Supery rs, and attested by —" 25I its Clerk, and CITY has-`caused this Agreement tes :executed by its 26 Mayor, and attested by.:its Clerk, all thereunto'Wly authorized on e 27I the dates set forth V, site their respective signatures. 28! DATE: 1967. CITY OF 1QEG1POR2 H 29 ATTEST: By 30i 7 sum 31 32, City ulavx ' 3. 1 19 COUNTY OF and corpo v ATTEST: Chai rm 4'1 W. E. ST.JOHN visors li County Clerk and 6c- officio Clerk 5j of qs Board of Supervisors + 7!! By Deputy P y z loll 11 I� II 12 ; 13 14 II o> > 151 u Uuu r� 16' oZ ]p Y 17, 181 i9� I 20 211 22 23 24j 25j 26 27'1 28!i 29 r 30 j 31i 3211 11041.1 W. �l crcazzd cost 8 City, r, ul nS In III 9 lil-caul-rd 007-u--c--so a-nidl 10 tlac CSLLatec' incrcz:5f-- 11 pro✓idamr, said ;ervi•cs o- tl'e fiz""A e 5zlm' 12 c, r, a- 13 7-MEPMUS, a:n haal been pr-ocrstcn, tc 14 azxcca f-O pay C Y �62,3)3'lj t�o Coinnail in vlaich Oran;:a Counz 15 re- -7� 1-10 NI 1OZZ.13; Imburse tl-l'- Y lz-CJT '�:lid 1-1 �,S`X;V the City IT RH�ll TZ tl-L Or 17 the Cl- of Nec,port 1-4eq,;Sats that thr- -"Y40-vidl 2. Cy JA 18 :0 in r, i a 11 azz-UstaiZe tn ti a CitfT or $a«d T 'T 2S3 2 N I FUR 07 D7- B the Mlw or UZY CIL-rk y amd L 21 are heroby audwrized •-"-'Zrectel co. ex---ute Said agro.,=Oat Oi3 221 Ci- y •23 AD012TED to 10th &uyl o�'E.July, 19 7. n A! 32 T12 1'-: T ------ C7TY . . .... GF 6 by 7 1 Of W'_X crcazzd cost 8 City, r, ul nS In III 9 lil-caul-rd 007-u--c--so a-nidl 10 tlac CSLLatec' incrcz:5f-- 11 pro✓idamr, said ;ervi•cs o- tl'e fiz""A e 5zlm' 12 c, r, a- 13 7-MEPMUS, a:n haal been pr-ocrstcn, tc 14 azxcca f-O pay C Y �62,3)3'lj t�o Coinnail in vlaich Oran;:a Counz 15 re- -7� 1-10 NI 1OZZ.13; Imburse tl-l'- Y lz-CJT '�:lid 1-1 �,S`X;V the City IT RH�ll TZ tl-L Or 17 the Cl- of Nec,port 1-4eq,;Sats that thr- -"Y40-vidl 2. Cy JA 18 :0 in r, i a 11 azz-UstaiZe tn ti a CitfT or $a«d T 'T 2S3 2 N I FUR 07 D7- B the Mlw or UZY CIL-rk y amd L 21 are heroby audwrized •-"-'Zrectel co. ex---ute Said agro.,=Oat Oi3 221 Ci- y •23 AD012TED to 10th &uyl o�'E.July, 19 7. n A! 32 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH ) I, LAURA LAGIOS, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 6609 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 10thday of July . 1967, by the following vote, to wit: AYES, COUNCILMEN: Rogers, Parsons, Marshall, Gruber, Cook, Forgit, Shelton NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Dated this 11th day of July , 1967. City -Clerk and Ex -O icio ' erk of the City Council, City of Newport Beach, State of California