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HomeMy WebLinkAboutC-1790 - Lifeguard services agreement for unincorporated areas0 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE May 7. 1976 Description of Contract Lifeguard Services for Unincorporated Areas Authorized by Resolution No. _ $713 , adopted on 2 -21 -76 Effective date of Contract 4_6 -76 Contract with County of Orange, Envirnnmiantal Managamant Agency Address Allditnr- Cnntrollar Amount of Contract Sea Agreement City Clerk /✓ 0 MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA April 6, 1976 IN RE: AMENDMENT TO AGREEMENT PROVISION OF MENTAL HEALTH (ALCOHC SERVICES ALCOHOLISM COUNCIL OF ORANGE COUNTY On motion of Supervisor Clark, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign Amendment to Agreement for Provision of Mental Health (Alcohol) Services between the County of Orange and Alcoholism Council of Orange County, dated April 6, 1976 (original Agreement dated July 1, 1975), as recommended by the Director of Mental Health in his letter dated March 30, 1976, with a final report to be filed with the Board of Supervisors. IN RE: AGREEMENT RIGHT OF WAY ACQUISITION STREET IMPROVEMENTS LAMBERT ROAD CITY OF LA HABRA On motion of Supervisor Schmit, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign Agreement No.'475 -527 between the County of Orange and the City of La Habra, dated April 6, 1976 providing for the construction of street improvements on Lambert Road between 1320 feet westerly of Palm Street and Puente Street in conjunction with AHFP projects in the Cities of La Habra, Fullerton and Brea. The County will reimburse the City of La Habra for the portion: of County territory throughout the project limits. The project will be funded from the F_Y 1975 -76 budget for 11Undesignated Road Projects ", as recommended by the Director of the Environmental Management Agency in his letter dated April 6, 1976. IN RE: AGREEMENTS 1976 LIFEGUARD SERVICES CITIES OF HUNTINGTON BEACH NEWPORT BEACH SAN CLEMENTE On motion of Supervisor Schmit, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreements providing for the lifeguarding of the following County -owned beaches and harbors: Sunset Harbor, Santa Ana River Jetty, Newport Harbor, Aliso Beach and Dana Point Harbor; total cost to service these areas for 1976 is $208,583, between the Orange County Harbors, Beaches and Parks Distric and the cities of Huntington Beach, Newport Beach and San Clemente dated April 6, 1976, as recommended by the Director of the Environmental Management Agency in his letter dated April 6, 1976. F 1013 -2.2 1 2 3 4 5 6 7' 8 9 1.0 11 12 13 14 15. 16 17 18 19 20 211 221 23I 24 25 26 27 28 29 30 31 MEAEE RETURN T& LAURA LAGOS, CITY CLEklc' :. CITY OF NEWPORT DIZACH 3300 NEWPOR COULEVARD ' NEWPORT MAUI, CALIF. 92660 AGREEMENT THIS AGREEMENT is 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 "CITY ". The im- lementing agency for the DISTRICT shall be the Orange County Environmental Management Agency. WITNESSETH WHEREAS, many residents of the CITY utilize the beaches iii 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: I. The CITY shall provide lifeguard services during the 1976 Cale;idar Year 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. 38° E. running through the most westerly projection of Abalone Point, a headland lo- cated in the southerly section of Block 164 of the Irvine Subdivision on the south and the southwesterly 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 employ only properly trained and qualified lifeguards land supervisory personnel. in the discharge of its obligations under this Agree- Iment, and to maintain and provide an appropriate training program, satisfactory ompletion of which shall be mandatory for all lifeguards employed by CITY. CITY ther agrees to provide adequate supervisory personnel at all times, it beine 321lthe intent of the parties that lifeguard service of high quality and standards shall be 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 available at all times. CITY shall respond to all lifeguard emergency calls with qualified personnel. 3 4. The standard of service provided shall be subject to the approval of DISTRICT, and within ten (10) days after the execution of this Agreement, CITY shall provide the Director, Environmental Management Agency, with a proposed schedule of life- guard service. 5. Each month the CITY shall file with the Director, Environmental Management Agency, a complete written report of its activities and services rendered pursuant to and under this Agreement. 6. DISTRICT, in consideration of the performance by CITY as in this Agreement provided, does hereby agree to pay to CITY the sum of FORTY -SEVEN THOUSAND Two HUNDRED AND NINE DOLLARS ($47,209), payment to be made on the dates and in installments as follows: July 31, 1976 $15,736 October 31, 1976 $15,736 December 31, 1976 $15, 737 7. It is expressly understood and agreed that the lifeguard service to be furn- ished by CITY shall be under the sole and exclusive direction and employment of CITY;. subject to the right of DISTRICT to approve the standards of service, as in this Agreement provided, and subject to the further right of DISTRICT to request the placing of a lifeguard station or personnel at any point in the unincorporated area of Orange County deemed necessary by the DISTRICT. _ 8. It is further agreed that City will respond with qualified personnel anywhere within the County of Orange to the extent there are qualified personnel available 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 Orange County Harbor Master, an emergency exists which warrants additional assistance (beyond the ability of any one jurisdiction to provide. 9. It shall be the duty of the Chief Lifeguard of CITY to immediately notify Ithe Orange County Harbor Master in the event of sea rescue or aircraft emergencies Iso that other City, District or State rescue units may be alerted and coordinated for standby or assistance. -2- i i �I 1 10. All lifeguards and other rescue personnel of CITY, who shall be called on 2 duty- at any such emergency, shall be under the control and supervision of the individ- 3 ual in charge where such emergency occurs; the above individual being expressly 4 understood as the Chief Lifeguard, public official, city employee or County employee 5 who has jurisdiction and responsibility over the immediate area where the emergency 6 exists. 7 11. All personnel of the CITY while on emergency duty hereunder, and while 8 going to and returning from the scene of such emergency, shall be deemed to remain 9 the employee of the CITY; and any State personnel furnished for an emergency on any 10 beach at which the CITY furnishes lifeguard service hereunder shall likewise be 11 deemed to remain a State employee. 12 12. If, within the CITY's qualified personnel, there are lifeguards equipped with 13 and trained to use Self- Contained Underwater Breathing Apparatus (SCUBA), such 14 personnel shall be made available to serve, to the extent reasonably permitted by 15 their capabilities, training, experience and equipment as determined by the Chief 16) Lifeguard of CITY, in an Orange County underwater rescue team coordinated and 17 called into duty by the Orange County Harbor Master. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 9 0 IN WITNESS WHEREOF, DISTRICT has caused this Agreement to be exe- cuted 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: a7 S / % CITY OF NEWPORT BEACH ATTEST: By� C BY A �je- //74� City Cle • Mayor DATED:(�y� 9 11'710 ORANGE COUNTY HARBORS, BEACHES i�l AND PARKS DISTRICT ATTEST: WILLIAM E. ST JOHN County Clerk and Ex- officio Clerk By of the Board of Sul..ervisors of ChairmaY of its Board of Supervisors Orange County, California of Orange County, California I BY. l" Deputy APPROVED AS TO FORM ADRIAN KUYPER, County Counsel i' Deputy I -4- BW:kmT44a 0 February 27, 1976 County of Orange Environmental Management Agency Development Division 400 Civic Center Drive West Santa Ana, CA 92702 Attention: Larry M. Leaman, Acting Manager Public Facilities Branch 46 Siybject: Lifeguard Services Agreement for Unincorporated Area Adjacent to Newport Beach C -1790 Enclosed are the original and two copies of subject agreement executed by the City of NewgpettBeach for approval and signing by the Board of Supervisors. Also enclosed is a certified copy of Resolution No. 8713 authorizing the Mayor and City Clerk to execute an agreement be- tween the City of Newport Beach and the Orange County Harbors, Beaches and Parks District for the City to provide lifeguard services in certain unincorporated areas for the 1976 calendar year. Please return an executed copy of the agreement to our office. Acting City Clerk DG:awk enc. 0 4 0 -OUNTY OP © �i= tANCaE ENVIRONMENTAL MANAGEMENT AGENCY DEVELOPMENT DIVISION N. G. OSSORNE 400 CIVIC CENTER DRIVE WEST DIRECTOR SANTA ANA, CA. C. R. NELSON ASSISTANT DIRECTOR DEVELOPMENT JAN 3 0 1976 Mr. David Harshbarger, Acting Director Newport Beach Marine Dept. (3300 Newport Blvd.) #7O Newport Pier Newport Beach, CA 92660 Dear Mr. Harshbarger: 0 TELEPHONE: 834 -2300 AREA CODE 714 MAILING ADDRESS P.O. BOA 1078 SANTA ANA, CA. 927DZ FILE On December 23, 1975, the Board of Supervisors adopted a Minute Order author- izing the Environmental Management Agency to prepare lifeguard service con- tracts between the County of Orange and the cities of Newport Beach, Huntington Beach and San Clemente for the calendar year 1976. Enclosed is an original and two copies of a proposed Lifeguard Service Agreement between the County of Orange and the City of Newport Beach. Please review the agreement. If it meets with your approval, the agreement should be placed on the City Council's agenda for action and execution by the Mayor. All three executed copies of the agreement should be returned to the Environmental Management Agency, Harbors, Beaches and Parks Division, along with a copy of the City Council's action. Upon approval of the County Board of Supervisors, a fully executed copy of the agreement will be returned for your files. Very truly yours, %arry /M.' Leaman, Acting Manager Public Facilities Branch BW:krmSa(4) Enclosures RESOLUTION NO. 8 7 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 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 THE CITY TO PROVIDE LIFEGUARD SERVICES IN CERTAIN UNINCORPO- RATED AREAS FOR THE 1976 CALENDAR YEAR 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 certain 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 23rd day of February , 1976. Mayor ATTEST: City Clerk DDO /bc 2/18/76