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HomeMy WebLinkAboutC-1647 - Lifeguard services (City property)a- CITY OF NEWPORT BEACH CALIFORNIA ( � City Hall ��IFp0.H�r 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE October 15, 1974 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1647 Description of Contract Lifeguard Services for City Beaches Authorized by Resolution No. 8923 , adopted on 722 -74 Effective date of Contract 744 -74 Contract with Orange County Harbors Beaches *ad Park District. Address 1901 Bayside Drive Newport Beach, CA 92662 Amount of Contract see contract i�V, 1 2 3 4 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 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, herein - c:fter 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 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. 74 -1288 dated September 10, 1974 making the finding 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 1974 -75 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. 2. CITY 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 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, i:eaches and Parks as its liaison officer for the purposes of the administration of this Agreement. CITY shall 650.13 11 1 11 3 4 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 i .au.i, C: file monthly with such liaison officer a.complete written report of its activities and services rendered pursuant to and under this Agreement. 4. COUNTY, in consideration of the performance by CITY as in this Agreement provided, does hereby appropriate and agree to pay to CITY the sum of Seventy -Five Thousand, Nine Hundred Thirty -Four Dollars ($75,934), payment to be made on the dates and in installments as follows: September 1, 1974 $25,310 October 1, 1974 $12,656 November 1, 1974 $12,656 February 1, 1975 $12,656 May 31, 1975 $12,656 5. It is further agreed, however, that CITY will respond with qualified personnel anywhere within the COUNTY to the extent there are qualified personnel avail- able which the Chief Lifeguard of the CITY, or his subordinate then on duty, determines are not immediately needed within the CITY when, in the opinion of the Director of Harbors, Beaches and Parks, an emergency exists which warrants additional assistance beyond the ability of any one jurisdiction to control. 6. It shall be the duty of the Chief Lifeguard of CITY to immediately notify the Harbors, Beaches and Parks. District in the event of sea rescue or aircraft emer- gencies whereby other City, District, or State rescue units may be alerted and coordinated for standby or assistance. 7. The control and supervision of all lifeguards and other rescue personnel of the CITY who shall be so called to duty at any such emergency, shall be in the life- guard or other public officer or employee in charge of the area where such emergency occurs. 8. All personnel of the CITY while on emergency duty hereunder, and while going to and returning from the scene of such emergency, shall be deemed to remain the employee of the CITY, and any•State personnel furnished for an emergency on any beach at which the CITY furnishes lifeguard service hereunder shall likewise be deemed to remain. a State employee. 9. If, within the CITY'S qualified personnel, there are lifeguards trained to use, and equipped with, Self- Contained Underwater Breathing Apparatus (SCUBA), such 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 personnel shall be made available to serve to the extent reasonably permitted by their capabilities, training, experience and equipment as determined by the Chief Lifeguard of CITY in an Orange County underwater rescue team coordinated and called into duty by the Director of Aarbors, Beaches and Park$. 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 it's Clerk, all thereunto .duly authorized on the dates set forth opposite their respective signatures, DATED: ATTEST: DATED ATTEST: JUL 241 i ,..974 i ty , 1974 WILLIAM E, ST JOHN County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California By D eputy CITY OF NEWPORT BEACH B MayorAP7�7G'!1-5 AS 1-0 'C Da1c: CiT'f i '9NEY� 1/a1 COUNTY OF ORANGE, a body politic and corporate By of I UNTY OF October 7, 1974 N G E HARBORS, BEACHES AND PARKS DISTRICT Ms. Laura Lagios, City Clerk City of Newport Beach 3300 West Newport Blvd. Newport Beach, California 92660 Dear Ms. Lagios: KENNETH SAMPSON DIRECTOR 1901 BAYSIDE DRIVE NEWPORT BEACH, CALIFORNIA 92662 TELEPHONE: 834 -4794 AREA CODE 714 Please find enclosed fully executed copies of the Lifeguard Agreement between the city of Newport Beach and the Harbors, Beaches and Parks District and the Financial Assistance Agreement between the City and the County of Orange. The Lifeguard Agreement provides for your City to furnish contract lifeguard services on certain County beaches while the Financial Assistance Agreement provides assistance under Section 25551 of the Government Code to finance a portion of the lifeguard services provided by Newport Beach to the regional population. This year, in accordance with Board of Supervisors Resolution No. 72 -700, the Agreement provides for a 7.8 percent increase based upon the U.S. Department of Labor's Consumer Price Index for the Los Angeles /Orange County metropolitan area for the 1973 calendar year. Upon receipt of your City's activity reports and appropriate billings, payment for the Lifeguard Contract services can be processed. Also, please find enclosed appropriate payment claims for Financial Assistance certification; 11•+1,74. after execution, please return to this office for processing. Several blank } forms have also been included and should be made out in the future in accordance ,'r' with the payment schedule outlined in the Agreement. �% 1(/V V✓� If you have any questions regarding the above, please contact me at 834 -3870. ')r ' 11 1 Yours very truly, HARBORS, BEACHES AND PARKS DISTRICT KENNETH SAMPSON, Director r trative1Services Assistant JED:ns Encl. ' ` d t V•,� Please find enclosed fully executed copies of the Lifeguard Agreement between the city of Newport Beach and the Harbors, Beaches and Parks District and the Financial Assistance Agreement between the City and the County of Orange. The Lifeguard Agreement provides for your City to furnish contract lifeguard services on certain County beaches while the Financial Assistance Agreement provides assistance under Section 25551 of the Government Code to finance a portion of the lifeguard services provided by Newport Beach to the regional population. This year, in accordance with Board of Supervisors Resolution No. 72 -700, the Agreement provides for a 7.8 percent increase based upon the U.S. Department of Labor's Consumer Price Index for the Los Angeles /Orange County metropolitan area for the 1973 calendar year. Upon receipt of your City's activity reports and appropriate billings, payment for the Lifeguard Contract services can be processed. Also, please find enclosed appropriate payment claims for Financial Assistance certification; 11•+1,74. after execution, please return to this office for processing. Several blank } forms have also been included and should be made out in the future in accordance ,'r' with the payment schedule outlined in the Agreement. �% 1(/V V✓� If you have any questions regarding the above, please contact me at 834 -3870. ')r ' 11 1 Yours very truly, HARBORS, BEACHES AND PARKS DISTRICT KENNETH SAMPSON, Director r trative1Services Assistant JED:ns Encl. 11 RESOLUTION OF THE BOARD OF SUPERVISORS 21 OF ORANGE COUNTY, CALIFORNIA, AND AS THE GOVERNING BOARD OF THE ORANGE COUNTY 3 HARBORS, BEACHES AND PARKS DISTRICT September 10, 1974 5 On motion of Supervisor Baker, duly seconded and carried, the 6 following Resolution was adopted: 7 WHEREAS, many residents of the unincorporated areas of the 8 County of Orange utilize the beaches of the cities of Newport Beach, 9 San Clemente, Seal Beach and Laguna Beach; and 10 WHEREAS, the cost of maintenance and lifeguard services of the 11 city beaches is increased by reason of use by residents of the County 12 residing outside the cities; and 13 WHEREAS, lifeguard services can be conveniently and economical 14 provided by the cities to beaches owned by the Harbors, Beaches and M15 Parks Districts of the County of Orange; ''o ;;016 NOW, THEREFORE, BE IT RESOLVED that this Board finds that the .Zz OZ. 3 cost of maintenance and lifeguard services of the city beaches of the U' i8 cities of Newport Beach, San Clemente, Seal Beach and Laguna Beach are 19 increased by reason of their use by residents of the County residing 21 22 23 24 25 26 27 28 29 in unincorporated areas; and BE IT FURTHER RESOLVED that this Board approves the Lifeguard Services Agreements and the Financial Assistance Agreements with the cities of Laguna Beach, San Clemente, Newport Beach and Seal Beach for the fiscal year 1974 -75 in the amounts as immediately set forth below and authorizes the Chairman of this Board to execute said Agreements and the Clerk of this Board is directed to attest to same. CITIES Seal Beach Newport Beach Laguna Beach 3111 San Clemente FINANCIAL ASSIST. AGREEMENTS $18,406 75,934 25,221 26,782 WDW:im Resolution No. 74 -1288 Lifeguard Ser. Agreements Financial Assist. Agreements Coastal Cities No Service $ 45,232 No Service 100,404 III AYES: 2' NOES: 3 ABSENT: 10 11 12 13 14 J zz 15 030 "° 16 D': 0o 17 19 20 21 22 23I 24 25 .26 27 28 29 30 31 32 0 SUPERVISORS DAVID L. BAKER, RALPH B. CLARK, R. W. BATTIN AND RALPH A. DIEDRICH SUPERVISORS NONE SUPERVISORS NONE STATE OF CALIFORNIA 1 ss. COUNTY OF ORANGE I, WILLIAM E. ST JOHN, County Clerk and ex- officio.Clerk of the Board of Supervisors of Orange County, California, and as the Governing Board of the Orange County Harbors, Beaches and Parks District, 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 10th day of September , 1974 , and passed by a unanimous vote of said Boa-rd. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 10th day of September 19 74. WILLIAM E. ST JOHN County Clerk;gn&i?x- officio Clerk of the Board of r$iiperv3tfrs4of Orange County, California;., and as.Ehe Governing Board of thecOtange- County±Hatbors, Beaches and P ks Distrii /ct. n 1 By Deput.y.' 2. 272 JUL 2 2 W4 RESOLUTION NO. 8 3 2 3 By pp CITY COUNCIL A RESOLUTION OF THE CITY COUNCIL OF THE CIS Pk� MF"!!AFI� BEACH 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 1974 -75 is the sum of $75,934.00; and WHEREAS, an agreement has been presented to the City Council in which Orange County agrees to pay the City $75,934.00 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 $75,934.00 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 22nd day of July, 1974. Mayor ATTEST: City Clerk mh 7/17/74