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HomeMy WebLinkAboutC-1255 - Lifeguard servicesTO: FINANCE DIRECTOR FROM: City Cleric DATE % ember S 969 SUBJECT: Contract No. C-1355 Description of Contract Ufegum3d Sep%4eee €erfemvty -e€ 9 e Authorized by Resolution No. R 7062 , adopted on September , Effective date of Contract 1969 70 €#seal year Contract with Be�vEYe€ A Address Amount of Contract $65,1149 00 City Cle c :IA: 1 2 3 4 6 6 7 8 9 10 11 12 13 14 wF 15 N LLZ one Wup 16 V W LL� V f o1< 17 o� u0 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 VTB:lt F 1031.1 :J's A G R E E M E N T 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, therby adding to the burden of the CITY and the.necessity of ample and sufficient lifeguard service on said beaches; and 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. 69 -1116 , dated October 21 , 1969 making the findings required by Section 25553 of the Government Code; NOW, THEREFORE, it is agreed {etween the CITY and the COUNTY as follows: 1. CITY agrees to provide lifeguard services during July, August, September, and June of the 1969 -1970 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. M 1 2. CITY agrees to employ only properly trained and qualified 2 lifeguards and supervisory personnel in the discharge of its obligations 3 under this Agreement, and to maintain and provide an appropriate 4 training program, satisfactory completion of which shall be mandatory 5 for all lifeguards employed by CITY. CITY further agrees to provide 6 adequate supervisory personnel at all times, it being the intent of 7 the parties that lifeguard service of high quality and standards shall 8 be available at all times. 9 3. COUNTY hereby designates the Director of Harbors and Beaches, 10 Orange County Harobr District, as its liaison officer for 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. 14 4. COUNTY, in consideration of the performance by CITY as in N� 15 this Agreement provided, does hereby appropriate and agree to pay to 4$ Z Wog 16 CITY the sum of Sixty -five Thousand Four Hundred Forty Dollars 4Y l7 oo< 17 ( $65,440.00 ), payment to be made on the dates and in U0 18 11 installments as follows: 19 September 1, 1969 $ 21,813.20 20 October 1, 1969 $ 10,906.60 21 November 1, 1969 $ 10,906.60 22 February 1, 1970 $ 10,906.60 23 May 31, 1970 $ 10,907.00 24 5. It is further agreed, however, that CITY will respond with 25 qualified personnel anywhere within the COUNTY to the extent there are 26 qualified personnel available which the Chief Lifeguard of the CITY, 27 or his subordinate then on duty, determines are not immediately needed 28 within the CITY when, in the opinion of the Director of Harbors and 29 Beaches, an emergency exists which warrants additional assistance 30 beyond the ability of any one jurisdiction to control. 31 I 6. It shall be the duty of the Chief Lifeguard of CITY to 32 11 immediately notify the Harbor District in the event of sea rescue or 2. F 1031.1 11 2 3 4 5 6 7 8 9 10 11 12 13 14 uF 15 LL2� ODD wou 16 u w LL} u r oza 17 0 u° 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 furnished 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 Clerk, all thereunto duly authorized on the dates set forth opposite their respective signatures. DATE: h, ic' ,. 1969 ATTEST: City Clerk J APPROVED AS TO FORM Dated �ae/J7La�,ba� ly�y CITY ATOKNEY BY 3. CITY OF NEWPORT BEACH City "Tanager F1031 -1 11 1 . : 'i. DATE: (.' p " :L-,l , 1969 ATTEST: W.E. ST JOHN County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California By�17 puty V 1031 -1 4. COUNTY Or ORANGE, a body politic and corporate By %' —f i Chairman of its Board of Supervisors RESOLUTION NO. 7 O6 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING FINANCIAL AID FROM THE COUNTY OF ORANGE TO PAY FOR LIFEGUARD SERVICE ON CITY BEACHES AND AUTHORIZING THE EXECUTION OF AN AGREEMENT THEREFOR WHEREAS, the public beaches in the City are used by large numbers of County residents who are not residents of the City, resulting in increased costs to the City for maintenance and lifeguard services; and WHEREAS, the estimated increase in cost to the City for providing said services for the fiscal year 1969 -1970 is the sum of $65,440.00; and WHEREAS, an agreement has been presented to the City Council in which Orange County agrees to pay the City $65,440.00 to reimburse the City for said additional costs; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby requests that the County provide financial assistance in the amount of $65,440.00 to reimburse the City for said increased costs. BE IT FURTHER RESOLVED that the City Manager and City Clerk are hereby authorized and directed to execute said agreement on behalf of the City. ADOPTED this 8th day of September, 1969. �1� � it 11:►�ti,�! i�1''•i ► ►T1� ATTEST: �... W -1 •' • -T2/ CERTIFIEgs A TRUE ARECT COPY _...fir...... G%flllli(r,( ........ ....... .. CITY CLERK OF THE CITY OF N-WP . !EACH Y THS:mh oAnN .ale v�r../ � / G 9/3/69 i'l o v 10 1969 By Ae CITY COUNCIL CITY OF NEWPORT BEACH L� 1 RESOLUTION OF THE BOARD OF SUPERVISORS OF 2 ORANGE COUNTY, CALIFORNIA 3 October 21, 1969 4 On motion of Supervisor Allen, duly seconded and carried, the 5 following Resolution was adopted: 6 BE IT RESOLVED that the Chairman of this Board be and is hereby 7 authorized to execute the Lifeguard Services Agreement dated October 8 211 1969, between the County of Orange and the City of Newport Beach, 9 and the Clerk of this Board is directed to attest to same. 10 11 13 14 J W' 15 m zi X00 ` °u ° 16 0 .Fo 'a z� 00 17 u 19 20 AYES: SUPERVISORS ALTON E. ALLEN, WILLIAM J. PHILLIPS, ROBERT W. BATTIN, DAVID L. BAKER AND WM. HIRSTEIN 21 NOES: SUPERVISORS NONE 22 ABSENT: SUPERVISORS NONE 23 24 STATE OF CALIFORNIA ) as. 25 COUNTY OF ORANGE ) 26 I, W. E. ST JOHN, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify that 27 the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 2Zst day of 28 October October 19 69, and passed by a unanimous vote of said �1 IN WITNESS WHEREOF, I have hereunto set,my hand and seal this 30 21st day of October 1969 W. E. ST JOHN 31 Resolution No. 69 -1116 ` County Clerk and-ex-officio Clerk Lifeguard Services Agreement '. of the Board of Supervisors of 32 City of Newport Beach c• Orange County'; California VTB:ls e'7 7264 v , p Deputy • � y • � y l Septenber 12, 1969 Mr. Adrian Kuyper, County Counsel County of Orange County Administration Building P.O. Boa 1863 Santa Ana, California 92702 Tear Mr. Kuyper: Unclosed for execution by the Board of Supervisors are original and two copies of agreement between the County of Orange and the City of Newport Beach concerning the granting of financial assistance for lifeguard services on City beaches, pursuant to Section 2550 of the Government Code. Execution of said agreement was authorized by the City Council of Newport Beads on September 8, 1969, by the adoption of Resolution No. 7062 of which two certified copies are attached. Please return an executed copy of the agreement to my office. Very truly yours, Laure Iagios City Cleric City of Newport Beach LL:by Encl. oc: City Attorney City Manager