HomeMy WebLinkAboutC-1547 - Lifeguard agreement for unincorporated areasV 0
CITY OF NEWPORT BEACH
CALIFORNIA
DATE August 16, 1973
TO: FINANCE DIREC'MR
FROM: City Clerk
SUBJECT: Contract No. 1548
Description of Contract Finueoial Aid Lifeguard omtra ct
Authorized by Resolution No. $014 , adopted on 6 -25 -73
Effective date of Contract July 31, 1973
Contract with County of Orange
Address P. 0. Box 687
Santa Ana, CA 92702
Amount of Contract 70,440.00
-City fterk
City Nall
3300 W. Newport Blvd.
Area Code 714
673 -2110
0 0
June 28, 1973
Mr. Kenneth Sampson, Director
Harbor's, Beaches B Parr Districts
1901 Bayside Drive
Newport Beach, CA 92662
Enclosed are the original and three copies each of the
Lifeguard services agreements between the City of Newport
Beach and the Harbor District for servicing unincorporated
area and with the County for financial aid. Please have
the agreements signed by the Board of Supervisors and
return are fully executed copy of each agreement back to this
office for filing.
The City Council of Newport Beach authorized the execution
of these agreements on June 29 by, the adoption of Resolu-
tion Nos. 8013 and 8014.
laura Legioa, C.M.C.
City Clark
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A G R E E M E N T
� -s-1-16
THIS AGREEMENT, made and entered into by an(] 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, herein-
after referred to as the "CITY,"
WITNESSETH:
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; and
WHEREAS, the City Council of the CITY has adopted a resolution by a f.our-
If.ifths 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 hash adopted by a four - fifths
s
vote of all. its members, Resolution No -ffy dated( / Zy 71 /� �.�
i
making the findings required by Section 25553 of the Government Code;
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 1973 - -74 fiscal year, and at all such time during the remainder or 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.
2. CITY agrees to employ only properly trained and qualified lifeguards and
Isupervi.sory personnel in the discharge of its obligations under this Agreement, and to
maintain and provide an appropriate training program, satisfactory completion of which
shall be mandatory for all .lifeguards employed by CITY. CITY further agrees to provide
adequate supervisory personnel at all times, it being the intent of the parties that
(lifeguard service of high quality and standards shall be available at all times.
3. COUNTY HEREBY designates the Director of Harbors, Beaches and Parks as its
Ilia'i.son officer for the purposes of the administration of this Agreement. CITY shall
J, file monthly with such liaison officer a complete written report of its activities and
2 services rendered pursuant to and under this Agreement.
31 4. COUNTY, in consideration of the performance by CITY as in this Agreement
4 provided,-does hereby appropriate and agree to pay to CITY the sum of Seventy
5II Thousand, Four Hundred Forty Dollars ($70,440), payment to be made on the dates and in
6 installments as follows:
7 September 1, 1973 $23,450
8 October 1, 1973 $11,740
9 November 1, 1973 $11,740
10 February 1, 1974 $11,740
11 May 31, 1974 $11,740
12 5. It is further agreed, however, that CITY will respond with qualified
13 personnel. anywhere within the COUNTY to the extent there are qualified personnel avail -
14 able which the Chief. Lifeguard of the CITY, or his subordinate then on duty, determines
15 are not immediately needed within the CITY when, in the opinion of the Director of
16 Harbors, Beaches and Parks, an emergency exists which warrants additional assistance
17 beyond the ability of any one jurisdiction to control.
18 6. It shall be the duty of the Chief Lifeguard of CITY to immediately notify
19 the Harbors, Beaches and Parks District in the event of sea rescue or aircraft emer-
20 gencies whereby other City, District, or State rescue units may be alerted and
21 coordinated for standby or assistance.
22 7. The control and supervision of all lifeguards and other rescue personnel
23 of the CITY who shall be so called to duty at any such emergency, shall be in the life -
241 guard or other public officer or employee in charge of the area where such emergency
25 occurs.
26 R. All personnel of. the CITY while on emergency duty hereunder, and while
27 going to and returning from the scene of such emergency, shall be deemed to remain the
28 employee of the CITY, and any State personnel. furnished for an emergency on any beach
29 at which the CITY furnishes lifeguard service hereunder shall likewise be deemed to
30 remain a State employee.
31 9. 11, within the CITY'S qualified personnel., there are lifeguards trained
32 to use, and equipped with, Self- Contained Underwater Breathing Apparatus (SCUBA), such
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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, Beaches and Parks.
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.
DATED: JUii L 3 1373
ATTEST:
ty (ferk
DATED K V 3 1
ATTEST:
L. I
, 1973
WILLIAM E. ST JOAN
County Clerk and ex— officio Clerk
of the Board of Supervisors of
Orange County, California
i
By
Deputy
3•
OF NEWPORT BEACH
or yo iem
COUNTY OF ORANGE, a body politic and
corporate
7 n
n;;
By iz-O( ji
Chairman of its Board f Supervisors
THIS IS A FACSIMILE OF THE
ORIGINAL S!GNIATURE FILED IN
THE OFFICE OF THE CLERK
APPROVED AS�TO 0.FORNM
ADMAN !E4lYP
C;v ��' CALIF 'NIA
ORAN- �
By ...7 RPM
RESOLUTION NO. 8 0 14
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
N
WHEREAS, the estimated increase in cost to the City
for providing said services for the fiscal year 1973 -1974 is
the sum of $70,440.00; and
WHEREAS, an agreement has been presented to the City
Council in which Orange County agrees to pay the City $70,440.00
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 $70,440.00 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 agree-
ment on behalf of the City.
ADOPTED this 25th
ATTEST;
i / VJ'/AM lC/JZ�J
City Clerk (/
C RTIFIE A TRU' A D ECT COPY
Via..... ............_..._............
CI CLERK OF THE CITY OF NC P RT BEACH
JUL 2 4 1913
day of June 1973 .
Mayor
dm
6/20/73
• •
RESOLUTION NO. 8 0 14
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH REQUESTING FINANCIAL
AID ?30M THE COUNTY OF ORANGE TO PAY FOR
LIFEGUARD SERVICE ON CITY BEACHES AND
AUTHORIZING THE EXECUTION OF AN AGREEMENT
THEREFOR
WHE=.S, 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
WHE== S, the estimated increase in cost to the City
for providing said services for the fiscal year 1973 -1974 is
the sum of $70,440.00; and
WHERF-IS, an agreement has been presented to the City
Council in which Orange County agrees to pay the City $70,440.00
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 $70,440.00 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 agree-
ment on behalf of the City.
ADOPTED this 25th day of June , 1973
Mayor
ATTEST:
City Clerk
dm
6/20/73
0 •
CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
DATE August 16, 1973
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1547
Description of Contract Lifeguard services in Uninoarporated areas.
Authorized by Resolution No.
Effective date of Contract
Contract with
Address
Amount of Contract
8013 , adopted on 6 -25 -73
July 31, 1973
County of Orange
P, 0. Box 687
Santa Ana, CA 92702
36,255,00 in installaents
city fterk
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A C R E E M E N T
THIS AGREEMENT, made and entered into by and between the ORANGE COUNTY
HARBORS, BEACHES AND PARKS DISTRICT, hereinafter referred to as the "DISTRICT," and
the CITY OF NEWPORT REACH, a municipal corporation, located within the County of
Orange, hereinafter referred to as the "CITY,"
WITNESSETH:
WHEREAS, many residents of the CITY utilize the beaches in the unincor-
porated areas adjacent to the CITY, as well as the beaches of other cities and State
beaches located in the County of Orange; and
WHEREAS, it is determined by the legislative bodies of both the CITY and
the DISTRICT that the CITY is better able to provide lifeguard service in the unin-
corporated areas adjacent to said City;
NOW, THEREFORE, it is agreed between the CITY and the DISTRICT as follows:
1. The CITY shall provide lifeguard services in the following described
unincorporated area:
The coastal waters and tidelands areas of
the Pacific Ocean and tributary bays and
inlets within Orange County lying between
the following lines:
A line bearing N. 380 E. running through
the most westerly projection of Abalone
Point, a headland located in the southerly
section of Block 1.64 of the Irvine Sub-
division on the south and the south-
westerly prolongation of the boundary of
the City of Huntington Beach on the north,
which prolonged line is also the easterly
property line of the Huntington Beach State
Beach. Excepting therefrom that part lying
within the incorporated boundaries of the
City of Newport Beach.
2. CITY agrees to provide lifeguard services during July, August, September,
and .tune of the 1.973 -74 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 at any time during
such fiscal year.
3. CTTY agrees to employ only properly trained and qualified lifeguards
and supervisory personnel in the discharge of its obligations under this Agreement,
and to maintain and provide an appropriate training program, satisfactory completion
of which shall be mandatory for all lifeguards employed by CITY. CITY further agrees
1 to provide adequate supervisory personnel at all times, it being the intent of the
2 parties that lifeguard service of high quality and standards shall be available at
3 all times.
4 4. The standard of service provided shall be subject to the approval of
5 DISTRICT, and within ten (10) days after the execution of this Agreement, CITY shall
6 provide the Director of Harbors, Beaches and Parks with a schedule of lifeguard
7 service proposed by it.
8i 5. Each month the CITY shall file with the Director of Harbors, Beaches
9 and Parks a complete written report of its activities and services rendered pursuant
10 to and under this Agreement.
11 6. DISTRICT, in consideration of the performance by CITY as in this Agree -
12 ment provided, does hereby appropriate and agree to pay to CITY the sum of Thirty -Six
13 Thousand Two hundred Fifty -Five Dollars ($36,255), payment to be made on the dates
14 and in installments as follows:
15 September 1, 1973 $1.2,083
16 October 1, 1973 $ 6,043
17 November 1, 1973 $ 6,043
18 February 1, 1974 $ 6,043
19 May 31, 1974 $ 6,043
20 7. It is expressly understood and agreed that the lifeguard service agreed
21 to be furnished by CITY shall be under the sole and exclusive direction and employment
22 by CITY; subject, however, to the right of DISTRICT to approve the standards of
23 service, as in this Agreement provided, and subject to the further right of DISTRICT
24 to request the placing of a lifeguard station or personnel at any point in the unin-
25 corporated area of Orange County deemed necessary by the DISTRICT.
26 8, It is further agreed, however, that CITY will respond with qualified
27 personnel anywhere within the County of Orange to the extent there are qualified
28 personnel available which the Chief Lifeguard of the CITY, or his subordinate then on
29 duty, determines are not immediately needed within the CITY, when, in the opinion of
30 the Director of Harbors, Beaches and Parks, an emergency exists which warrants
31 additional assistance beyond the ability of any one jurisdiction to control.
32 9, It shall be the duty of the Chief Lifeguard of CITY to immediately notify
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the 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.
10. 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 life-
guard or other public officer or employee in charge of the area where such emergency
occurs.
11. 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.
12. If, within the CITY'S qualified personnel, there are lifeguards 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, Beaches and Parks.
IN WITNESS WHEREOF, DISTRICT has caused this Agreement to be executed by the
Chairman of the Board of Supervisors, acting as the governing board of DISTRICT, 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.
DATED: _ JUN 2 B 1973 1 " .hYP� L NEWPORT BEACH
ATTEST:
Mayor pro
city C I e CA - - - -- -
1973
ATTI ?ST:
WILLIAM E. ST JOHN
County Clerk and ex- officio Clerk
1 of the Board of Supervisors of
Orange County, California
By �.c-C rtPi �1
Deputy
ORANGE COUNTY HARBORS, BEACHES AND
PARKS DISTRICT
DISTRICT
By l�`t:� °emu.
Chairman of its Board of Supervisors
THIS IS A FACSIMILE OF THE
ORIGINAL SIGNATURE FILED IN
THE OFFICE OF THE CLERK.
APPROVED AS TO FORM
Cqunser
3. n-:iAPI KI;YPER, Cpun tl� O�<
oRAi IGE CO �
TY, CA
ey ..... Deputy
T
r:
0 0
RESOLUTION NO. 8013
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AUTHORIZING THE
EXEC ION OF AN AGREEMENT WITH THE ORANGE
COU1\iY HARBORS, BEACHES AND PARKS DISTRICT
TO PROVIDE LIFEGUARD SERVICE IN UNINCOR-
PORATED TERRITORY FOR THE FISCAL YEAR
1973 -1974
WHEREAS, many residents of the City utilize beaches
located in unincorporated areas of the County adjacent to the
City of Newport Beach; and
WHEREAS, it is deemed necessary by the respective
governing bodies of the City of Newport Beach and the Orange
County Harbors, Beaches and Parks District that lifeguard
service be furnished to County beaches adjacent to the City;
and
WHEREAS, such lifeguard services can be conveniently
and economically provided by the City; and
WHEREAS, the estimated cost of providing said services
is $36,255.00 for the fiscal year 1973 -74; and
WHEREAS, an agreement has been presented to the City
Council whereby the Orange County Harbors, Beaches and Parks
District agrees to reimburse the City for the estimated cost of
providing said lifeguard service;
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Newport Beach hereby approves said agreement and
authorizes its execution by the Mayor and City Clerk on behalf
of the City.
ATTEST:
City Clerk
i
0
ADOPTED this 25th day of June , 1973 .
1 --
Mayor pro Tem
dm
6/20/73
RESOLUTION NO. 8nl7
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AUTHORIZING THE
EXEEC=,iION OF AN AGREEMENT WITH THE ORANGE
COL1Y HARBORS, BEACHES AND PARKS DISTRICT
TO PROVIDE LIFEGUARD SERVICE IN UNINCOR-
PORAT -D TERRITORY FOR THE FISCAL YEAR
1973 -'_974
WHEREAS, many residents of the City utilize beaches
located in unincorporated areas of the County adjacent to the
City of Newport Beach; and
WHEREAS, it is deemed necessary by the respective
governing bodies of the City of Newport Beach and the Orange
County Harbors, Beaches and Parks District that lifeguard
service be furnished to County beaches adjacent to the City;
and
WHERE-?S, such lifeguard services can be conveniently
and economically provided by the City; and
WHERE"S, the estimated cost of providing said services
is $36,255.00 -or the fiscal year 1973 -74; and
WHEREAS, an agreement has been presented to the City
Council whereby the Orange County Harbors, Beaches and Parks
District agrees to reimburse the City for the estimated cost of
providing said lifeguard service;
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Newport Beach hereby approves said agreement and
authorizes its execution by the Mayor and City Clerk on behalf
of the City.
ADOPTED this 25th day of June , 1973 .
Mayor Pro Tem
ATTEST:
City Clerk
dm
6/20/73