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HomeMy WebLinkAboutC-1846 - Financial assistance agreement for lifeguard services0 TO: FINANCE DIRECTOR FROM: City Clerk a CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 w. Newport Blvd. Area Code 714 673 -2110 DATE October 6. 1976 SUBJEM Contract No. 1846 Description of Contract Lifaaaard Sorvicaa Authorized by Resolution No. 8842 , adopted on July 12, 1976 Effective date of Contract Aummt 31, 1976 Contract with Oranaa County Environmental Manag aunt Agency Santa Ana, CA 92702 Pmount of Contract S" Contract An City Clerk 0 o -- C?UNTY OF © ( 0RANIGE ENVIRONMENTAL MANAGEMENT AGENCY ADMINISTRATION DIVISION 811 NORTH BROADWAY SANTA ANA, CALIFORNIA H. G. OSBORNE DIRECTOR R. !. NOVELLO ASSISTANT DIRECTOR ADMINISTRATION Mrs. Doris George, City Clerk City of Newport Beach #70 Newport Pier Newport Beach, California 92660 Dear Mrs. George: TELEPHONE: 334 -3331 AREA CODE 714 MAILING AODRESS: P.O. BOX 4048 SANTA ANA, CALIFORNIA 92702 FILE On August 31, 1976, the Orange County Board of Supervisors' Resolution No. 76 -1306 authorized the execution of the FY 1976 -77 Lifeguard Financial Assistance agreement between the County of Orange and the City of Newport Beach. Enclosed is your city's copy of the Financial Assistance agreement which pro- vides monetary assistance under Section 25551 of the Government Code in recognition of added costs associated with regional use of city beaches. This agreement provides for a 9. 1 percent increase based on the U. S. Department of Labor's Consumer Price Index for the Los Angeles /Orange County metro- politan areas for the 1975 calendar year in accordance with Board of Super- visors' Resolution No. 72 -700. Additionally, enclosed is a supply of invoices with a sample invoice filled out for your convenience. All invoices should be filled out using the Sam format and forwarded to the address below for payment. u�l Environmental Management Agency P. O. Box 1078 Santa Ana, California 927010, Attention: Budget & Fiscal Section Very truly yours, ��a�r�'.- err -��?z� Robert F. Yablonski, Manager Management Services BKW:teaT89b(5) Enclosures cc: L. Leaman, Program Manager Recreation and Open Space r LJ RESOLUTION OF THE BOARD OF SUPERVISORS OF Pr uvu S F P 7 191E E. M. A: ORANGE COUNTY, CALIFORNIA August 31, 1976 On motion of Supervisor Clark, duly seconded and carried, the following Resolution was adopted: WHEREAS, many non -city residents utilize the beaches of the cities of Huntington Beach, Laguna Beach, Newport Beach, San Clemente, and Seal Beach; and WHEREAS, the cost of maintenance and lifeguard services of the city beaches is increased by reason of use by non -city residents; NOW, THEREFORE, BE IT RESOLVED that this Board finds that the cost of maintenance and lifeguard services of the city beaches of the cities of Huntington Beach, Newport Beach, Laguna Beach, San Clemente, and Seal Beach are increased by reason of their use by non -city residents; and BE IT FURTHER RESOLVED that this Board approves the Financial Assistance Agreement with the cities of Huntington Beach, Newport Beach, Laguna Beach, San Clemente, and Seal Beach for the fiscal year 1976 -77 in the amount 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: AYES: CITIES FINANCIAL ASSIST. AGREEMENT Huntington Beach $57,379 Laguna.Beach 30,790 Newport Beach 92,702 San Clemente 32,696 Seal Beach 22,471 SUPERVISORS RALPH B. CLARE, LAURENCE J. SC RILEY, AND RALPH A. DIEDRICH NOES: SUPERVISORS NONE ABSENT: SUPERVISORS NONE Resolution No. 76 -1306 Agreements/Lifeguard Financial Assistance /Coastal Cities 1. 1 2 3 4 5 e 7 s A 10 11 12 13 14 Y �s- 15 Oho E�" le ozI $`0 17 18 19 20 21 22 23 24 25 28 27 28 29 30 31 32 0 L] STATE OF CALIFORNIA ) ) 88. COUNTY OF ORANGE ) .I, W. 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 31st day of Aucrust , 1976 , and passed by a unanimous, vote of said Board. IN WITNESS WHEREOF, r have hereunto set my hand and seal this -iiqi-_ day of A„g,uGr , 1976. W. E. ST JOHN County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California By Deputy F1031 -22 2. RESOLUTION NO. 8842 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE IN CONNECTION WITH THE FINANCING OF LIFEGUARD SERVICES WHEREAS, there has been presented to the City Council of. the City of Newport Beach a certain Financial Assistance Agreement between the City of Newport Beach and the County of Orange in connection with the financing of lifeguard services; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; 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 12th day of July , 1976. Mayor ATTEST: ity Clerk •I C2RT1FIED AS A T E AND CORRECT COPY DDO /bc CITY CEEA OF THE CITY OF W.WFORTAEACH v DATE. d r 11 2 3 4 5 6 7 8 9 10 III 12 13 14 15 16 17' 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PLrgcc ;fi'IUI'!'d 'jQ s CiTIi CITY OF NE': "V PORT BFI:^ .: ,,l 3300 N VJP^ 801i'I_EVA° h'F11'.FORT E-EAGIR CALIF. 926"63 AGREEMENT SEP����� E. M. A. THIS AGREEMENT is 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, hereinafter referred to as "CITY ". The imlementing agency for the COUNTY shall be the Orange County Environmental Management Agency.. 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 re- quired 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.7fo-L&L dated 'f 9 making the findings required by Section 25553 of the Government Code; NOW, 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 1976 -77 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 the 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 Agree- ment, 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 -1- 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, Environmental Management Agency as its liaison officer for the purposes of the administration of this Agree- ment. CITY shall 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 Ninety two thousand seven hundred two dollars ($92, 702), payment to be made on the dates and installments as follows; September 1, 1976 $ 30,902 October 1, 1975 15.450 November 1, 1976 15,450 February 1, 1977 15,450 May 31, 1977 15,450 5. 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 war- rants additional assistance beyond the ability of any one jurisdiction to provide. 6. It shall be the duty of the Chief Lifeguard of CITY to immediately notify the Orange County Harbor Master in the event of sea rescue or aircraft emergencies so that other County, City or State rescue units may be alerted and coordinated for standby or assistance. 7. All lifeguards and other rescue personnel of CITY, who shall be called on duty at any such emergency, shall be under the control and supervision of the individ- ual in charge where such emergency occurs; the above individual being expressly understood as the Chief Lifeguard, public official, city employee or County employee who has jurisdiction and responsibility over the immediate area where the emergency exists. 8. All personnel of the CITY while on emergency duty hereunder, and while -2- II I going to and returning from the scene of such emergency, shall be deemed to remain 2 the employee of the CITY; and any State personnel furnished for an emergency on any 3 beach at which the CITY furnishes lifeguard service hereunder shall likewise be 4 deemed to remain a State employee. 5 9. If, within the CITY's qualified personnel, there are lifeguards equipped 6 with and trained to use Self- Contained Underwater Breathing Apparatus (SCUBA), 7 such personnel shall be made available to serve, to the extent reasonably permitted 8 by their capabilities, training, experience and equipment as determined by the Chief 9 Lifeguard of CITY, in an Orange County underwater rescue team coordinated and 10 called into duty by the Orange County Harbor Master. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -3- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 214 25 26 27 28 29 30 31 32, P, IN WITNESS WHEREOF, COUNTY has caused this Agreement to be exe- cuted by the Chairman of the 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 si natures. DATED: ..i�f.L /lo ATTEST: By City Cler CITY OF NEWPORT BEACH yor DATED: 7 fo COUNTY OF ORANGE Z ATTEST: WILLIAM E. ST JOHN County Clerk and Ex- officio Clerk By of the Board of Si:ipervisors of Chairmant6f its Board of Supervisors Orange County, California of Orange County, California By M 'n Deputy APPROVED AS TO FORM ADRIAN KUYPER, County Counsel y Deputy BW:rmT44a -4- APPROVED 5 TO FORM Date: i ���6" CITY RKIEY .7( r o'.i w ��/. \ °\ ��� � \ \� . r« � a.< � d) ©�� . y� \ . w � � +. z «� : � � d) Y:. `.�.��. - Y; � . .' '�. ... ..: .. .. ?.r .�'wy"' ,.. ...:. �. .:.., =G. .Ju:...::..'F.. s xua _ �•da,.,. ,. ++K�.�.' a ;. w .. �.� .�..�.. s....� v.. .n'M.. e. ._. .. . o 0 H. G. OSSORNE DIRECTOR C.R.NELSON ASSISTANT DIRECTOR DEVELOPMENT UNTY OF CAS ENVIRONMENTAL MANAGEMENT AGENCY DEVELOPMENT DIVISION 400 CIVIC CENTER DRIVE WEST SANTA ANA, CA. JUN 2 7 1976 Mrs. Doris George, City Clerk City of Newport Beach #70 Newport Pier Newport Beach, California 92660 Dear Mrs, George: TELEPHONE: 834 -2300 AREA CODE 714 MAILING ADDRESS P.O. DOX 1078 SANTA ANA, CA. 02702 FILE Lifeguard Financial Assistance Enclosed is an original and two copies of a Proposed Financial Assistance Agree- ment between the County of Orange and the City of Newport Beach for fiscal year 1976 -77. The agreement provides a County contribution to the City to help finance a portion of lifeguard services provided to the regional population. In accordance with Board of Supervisors Resolution No. 72 -700, the agreement provides for a 9,1 percent increase over the current level of assistance. This increase is based upon the U.S. Department of Labor's consumer price index for the Los Angeles /Orange County Metropolitan Area for the 1975 calendar year. Please forward the agreement to the City Council for action and execution by the Mayor. In order to comply with Government Code Section 25551, the City Council must agree to authorize execution by a four - fifths vote of all its elected members. Additionally, the City Council must make the following findings, as required by Government Code 25552: 1) designating the public beach affected; 2) requesting the amount of $92,702,00; and 3) stating the additional cost of maintaining life- guard services is due to use by non -City residents. All copies of the proposed agreement should be returned to EMA /Administration, Attention: Betty Watari, together with a copy of the official action of the C Council. Upon approval by the County Board of Supervisors, fully execu of the agreement will be returned for your files. \ Yours very truly, H. G. Osborne, Director Environmental Management BW:fc1O1b(6) Encl. RECEIVED CITY CLERK I UN' 23 1910► cTr OF � 0i,4T OWH '.� CAW, ` 0 RESOLUTION NO. 9,842 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE IN CONNECTION WITH THE FINANCING OF LIFEGUARD SERVICES WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Financial Assistance Agreement between the City of Newport Beach and the County of Orange in connection with the financing of lifeguard services; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; 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 12th day of July , 1976. r ATTEST: City Clerk DDO /bc 7/9/76