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HomeMy WebLinkAboutC-1646 - Lifeguard services (unincorporated)CITY OF NEWPORT BEACH TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1646 Description of Contract CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 Authorized by Resolution No. 8322 adopted on 7 -22 -74 Effective date of Contract Contract with Orange County Harbors, Beaches k Park District Address 1901 Bayside Drive NLVport Beach, CA 92662 Amount of Contract see contract city clerk i I 11 211 5 6 7'. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 050-19 PLEASE RETURN TO, LAURA LAGIOS, CITY CLERK CITY OF NEWPORT BEACH 3300 NEWPO;:T BOULEVARD NEWPORT BEACH, CALIF. 92660 A G 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 BEACH, 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 servicesin 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 164 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 June of the 197475 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. CITY agrees to employ only properly trained and qualified lifeguards ,and supervisory personnel in the discharge of its obligations under this Agreement, land to maintain and provide an appropriate training program, satisfactory completion lof 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 3 at 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. 8 5. Each month the CITY shall file with the Director of Harbors, Leaches 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 Forty -Five 13 Thousand Two Hundred Thirty -Two Dollars ($45,232), payment to be made on the dates 14 and in installments as follows: 15 September 1, 1974 $15,076 16 October 1, 1974 $ 7,539 17 November 1, 1974 $ 7,539 18 February.l, 1975 $ 7,5,39 19 May 31, 1975 $ 7,539 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 i 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 2. oo.,s 0 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 WITHNESS 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. �Y . Zyr DATE: JUL w 41974 qty VA - CITY OF NEWPORT BEACH ATTEST: ty DATED: ATTEST: WILLIAM E. ST JOHN County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California Deputy L�Fp Fi ,''fir , 1974 too i• 11 3. c ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT B A Oak. airm n of its Board of Supervisors APPROVED AS TO FORM Date: CITY A NEI EY-- . .............._ Z�Z RL 2 2 T97u RESOLUTION NO. 8 '12 2 By +he CITY COUNCIL CITY OF Mr-W4041 YGACH A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT TO PROVIDE LIFEGUARD SERVICE IN UNINCOR- PORATED TERRITORY FOR THE FISCAL YEAR 1974 -1975 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 $45,232.00 for the fiscal year 1974 -75; 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 22nd day of July, 1974. Mayor ATTEST: City Clerk mh \ 7/17/74