HomeMy WebLinkAboutC-1751 - Lifeguard agreement, unincorporated areasOctober 28, 1975
Marine Department
Lifeguard Contractw,
Attached for your files are the two lifeguard contracts with the
County. Please note they only cover do last six months of this year.
City Clark
Enc. 2
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TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1751C
0
CITY OF NEWPORT BEACH
CALIFORNIA
City Han
3300 W. Newport 61vd.
Area Code 714
673 -2110
DATE October 28. 1975
Description of Contract Lifeguard Services for Unincorporated Areas
1975 -76
Authorized by Resolution No. gg62 adopted on July 28, 1975
Effective date of Contract 7 -1 -75 thru 12 -31 -75
Contract with Orange COunty Harbors, Beaches 6 Parks District
Address 1901 Bayside Drive
Newport Beach CA
Amount of Contract see contract
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AGREEME;IT
1 THIS AGREEMENT, made and entered into by and between the ORAitGE COUNTY
2 L',gBORS, LEACHES A?TD PARKS DISTRICT, hereinafter referred to as the "DISTRICT," and
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the CITY OF NEWPORT BEACH, a municipal corporation, located within the County of
4 range, hereinafter referred to as the "CITY,"
5 11ITNESSETH
6 WHEREAS, many residents of the CITY utilize the beaches in the unincor-
7 porated areas adjacent to the CITY, as well as the beaches of other cities and State
8 beaches located in the County of Orange; and
9 lithe WREREAS, it is determined by the legislative bodies of both, the CITY and.
10 DISTRICT that the CITY is better able. to provide lifeguard service in the unin-
11 Icorporated areas adjacent to said City;
12 NOW, THEREFORE, it is agreed between the CITY and the DISTRICT as follows:
13 1. The CITY shall provide lifeguard services in the following
14 escribed unincorporated area: .
15 The coastal waters and tidelands areas of
the Pacific Ocean and tributary bays and
16 inlets within 'Orange County lying between
the following lines:
17
A line bearing N. 3$° E. running through
18 the most westerly projection of Abalone
Point, a headland located in the southerly
19 . section of Block 164 of the Irvine Sub -
division on the south and the southwesterly
20 prolongation of the boundary of the City of
Huntington Beach on the north, which prolonged
21 line is also the easterly property line of the
Huntington Beach State Beach. 1:xcepting
22 therefrom that part lying within the incorporated
boundaries of the City of Newport Beach.
23 2. CITY agrees to provide lifeguard services during July, August and
24 3eptember of the 1975 calendar year, and at all such time during the remainder of
25 1 such calendar year as the need for the same may exist, it being expressly under -
26 stood that CITY shall respond, with qualified personnel, to emergency calls at any
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27 i ;ir,e Turing such period.
28 i 3. CITY agrees to employ only properly trained and qualified lifeguards
29 II a_a supervisory personnel in the discharge of its obligations under this Agreement,
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an'. naintain and provide an appropriate training pi-oUam, satisfactory completion
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3_ o f w_ich shall be mandatory for all lifeguards employed by CITY. CITY further agrees
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;to provide adequate supervisory personnel at all times, it being the intent of the
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.! parties that lifeguard service of high quality and standards shall be available pt
2 i1 X11 times.
oll 4. The standard of service provided shall be subject to the approval of
4 , DISTRICT, and within ten (10) days after the execution of this Agreement, CITY shall
5 'provide the Director, Environmental Management Agency, with a schedule of lifeguard
6 `service proposed by it.
7 I 5. Each month the CI1'Y shall file with the Director, Lnvi roil mental,
s Me- nagement Agency, a complete written report of its activities and services rendered
9 LDursuant to and under this Agreement.
10 (� 6. DISTRICTT, in consideration of the performance by CITY as iA this Agree-
11 went provided, does hereby appropriate and agree to pay to CITY the sum of Thirty -Four
12 ,housand dine Hundred Eighty -Two Dollars ($34,982) payment to. be made on the dates and
13 in installments as follows:
14 September 1, 1975. :x17,492
15 November 1, 1975 8,745
.16 December 31, 1975 8,745
17 7. It is expressly understood and agreed that the lifeguard service agreed
18 o be furnished by CITY shall be under the sole and exclusive direction and employment
19{ y CITY; subject, however, to the right of DISTRICT to approve the standards of
201`ervice, as in this Agreement provided, and subject to the further right of DISTRICT
21 to request the placing of a lifeguard station or personnel at any point in-the
22 unincorporated area of Orange County deemed necessary by the DISTRICT.
23 8. It is further agreed, however, that CITY will respond with qualified
24 personnel anywhere within the County of Orange to the extent there are qualified
25 1personnel available which the Chief Lifeguard of the CITY, or his subordinate then
2c lon duty, determines are not is ^ediately needed within the CITY when, in the opinion
27 Iof cne Orange County harbor Piaster, an emergency exists which warrants additional
28 i assistance beyond the ability of any one jurisdiction to control.
291i 9* it shall be the duty of the Chief Lifeguard of CITY to immediately
30 notify the Orange County Harbor aster in the event of sea rescue or aircraft
l,
31 - ^'er encies whereby other City, District or State rescue units may be alerted and
coordinated for standby or assistance-
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2
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10. .:he control and supervision of all lifeguards and other- rescue
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personnel of the CITY who shall be so celled on duty at. any such emergency, shall
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be in the lifeguard or other public officer or employee in charge of the area where
1 such emergency occurs.
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a i 11. All personnel of the CITY while on emergency duty hereunder, and
6 while going to and returning from the scene of such emergency, shall be deemed to
7 remain the employee of the CITY; and any State personnel furnished for an emergency
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on any beach at which the CITY furnishes lifeguard service hereunder shall likewise
Ibe deemed to remain a State employee.
10 I 12. If, within the CITY's qualified personnel, there are lifeguards trained
11 to use, and equipped with, Self- Contained Underwater Breathing Apparatus (SCUBA),
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12 such personnel shall be made available to serve to the extent reasonably permitted
13 by their capabilities, training, experience and equipment as determined by the
14 Chief Lifeguard of CITY in an Orange County undenrater r-rescue team coordinated and
15 called into duty by the Orange County Harbor Master.
16 IN WIT,TESS 41HEREOF, DISTRICT has caused this Agreement to be executed by
17 the Chairman of the Board of Supervisors, acting as the governing board of DISTRICT,
18 and attested by its Clerk, and CITY has caused this Agreement to be executed
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19 by its Mayor, and attested by its Clerk, all thereunto duly authorized, on the
20 (dates set forth opposite their respective signatures.
21 CITY OF
MATED:
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y F 1;5RORT BEACH
22 ATTEST:
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25 City erg cam" UR"�� ""_� ".
Mayor
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(DATED: ORANGE COUNTY HARBORS, BEACHES AND
26 PARKS DISTRICT
2f Ij 41ILLIK -h E. _1' JOYIid
pa ICounty Clerk and ex- officio Clerk;
{ o the Board of Supervisors of By
J it Or- -:-sae County, C::liiornia
Chair.a_n of its Board of Su_ervisors
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gpI{ APPROVED AS TO FORM
_ ADRIAN KUYPER, County Counsel
�t i Deputy ORAIJGE OUNTY, CALIFORNIA
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82 APPROVED AS TO FORM B %'
Dave: Deputy.
CITY ATT BEY
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RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
September 2, 1975
On motion of Supervisor Schmit, duly seconded and carried, the
following Resolution was adopted:
BE IT RESOLVED that the Chairman of this Board is authorized to
execute lifeguard services agreements with the Cities of Huntington Beach,
Newport Beach, and San Clemente for the period July 1, 1975 through
December 31, 1975, and the Clerk of this Board is directed to attest to
same.
BE IT FURTHER RESOLVED that the Chairman of this Board is authorized)
to execute financial assistance agreements for fiscal year 1975 -1976
with the Cities of Seal Beach, Huntington Beach, Newport Beach, Laguna
Beach, and San Clemente, and the Clerk of this Board is directed to attest'
to same.
AYES: SUPERVISORS LAURENCE J. SC}MT, RALPH S. CLARK, ROBERT W.
BATTIN, THOMAS F. RILEY, AND RALPH A. DIEDRICH
NOES: SUPERVISORS NONE
ABSENT: SUPERVISORS NONE
STATE OF CALIFORNIA )
COUNTY OF ORANGE
3 6s,
I, WILLIAM 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 2nd day of
cn.,r—Nh r 1975 , and passed by a u ^.-rim us vote of
said Board.
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IN WITNESS WHEREOF, I have hereunto set my hand and seal this
30 2nd day of September 19 75.
31 WILLIAM E. ST JOHN
Cuuacy V .'Lu -U1i11:iu.C1c4k
32 of the Board.of Supervisors.'of
CBS:cm Resolution No. 75 -1223 0 ange County, Califor ia
,o,,, -„ Agreements - Lifeguard Services By CEIVED,
® and Financial Assistance
Deputy 75
EMA
.. DEVELOPMENT DIVISION
0 •
August 1, 1975
County of Orange
Harbors, Beaches 6 Parka District
1901 Baysids Drive
Newport Beach, CA 92682
Subject: Agreement with the Orange County Harbors,
Beaches and Parka District for Lifeguard
Services in the Unincorporated Areas
C -1751
Enclosed are the original and two copies of subject
contract for execution by the Board of Supervisors.
After this agreement is fully executed, please return
the original to my office for inclusion in the official
records.
This agreement was approved by the City Council on
July 28, 1975 by the adoption of Resolution No. 8562.
Laura Lagios, CMC
City Clerk
LL:swk
enc.
cc: Marine Department
J'JL 28 1975
RESOLUTION NO. 851-, `_'
By tho CITY COUNCIL A RESOLUTION OF THE CITY COUNCIL OF THE CITY
CITY CW "re*"f*T A%ACH OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY
OF NEWPORT BEACH AND THE ORANGE COUNTY HARBORS,
BEACHES AND PARKS DISTRICT FOR LIFEGUARD SERVICES
IN THE UNINCORPORATED AREAS
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain agreement between the
City of Newport Beach and the Orange County Harbors, Beaches
and Parks District in connection with lifeguard services in the
unincorporated areas; and
WHEREAS, the City Council has considered the terms
and conditions of said agreement and found them to be fair and
equitable, and in the best interests of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said agreement above described
is approved, and the Mayor and City Clerk are hereby authorized .
and directed to execute the same on behalf of the City of Newport
Beach.
ADOPTED this 28th day of July , 1975.
Mayor
ATTEST:
City Clerk
DDO /bc
7/22/75