HomeMy WebLinkAboutC-1993 - Lifeguard services agreementCITY OF NEWPORT BEACH
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1993
CALIFORNIA
]DATE Aoril 4. 1978
City Hall
3300 W. Newport Blvd.
Area Code 7 M
Description of Contract Lifeguard Services/Unincorporated Ares
Authorized by Resolution No. 9267 , adopted on January 23, 1978
Effective date of Contract January 3, 1978
Contract with Orange County Barbors, Beaches E Parka District
Address c/o RM Administration
P.O. &m 4046. Sants Ana, CA 92702
Amount of Contract See Contract
City Clerk IT
MINUTES OF THE BOARD OF SUPERVISORS RECEIVED
OF ORANGE COUNTY, CALIFORNIA
Cm' CLERK
MAR 2 7 1978 ►
CITY OF
January 3, 1978 NCVPOP,T REACH 10i
CAIF.
IN RE: AGREEMENT MILE SQUARE GOLF COURSE RESERVATION SYSTEM
HEULER
On motion of Supervisor Anthony, duly seconded and unanimously
carried, the Chairman is authorized to sign the agreement between the
County of Orange and Mile Square Golf Course by L. Kenneth Heuler for a
reservation system, as recommended by Supervisor Philip L. Anthony.
1� IN RE: APPROVE JUNIOR LIFEGUARD PROGRAM CONTRACTS LIFEGUARD
SERVICES CITIES OF HUNTINGTON BEACH, NEWPORT BEACH,
LACUNA BEACH AND SAN CLEMENTE
On motion of Supervisor Riley, duly seconded and unanimously
carried, the lifeguard services contracts, dated January 3, 1978, between
.the County of Orange and the cities of Huntington Beach, Newport Beach,
Laguna Beach and San Clemente, are approved with a change to include a
thirty (30) day cancellation clause, and the Chairman and the Clerk are
authorized to sign said contracts.
Also approved is the Junior Lifeguard Program as recommended
by the Director of EMA in his letter dated January 3, 1978.
RECt VED
MAR I A 1978
E. M. A.
®F3013 -2.3 (12)76)
PLEASE RETURN TO
IICITY. CLERK
CITY OF NEWPORT BEACH
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CALIF. 92663
I
1 A G R E E M E N T
I
2 THIS AGREEMENT is made and entered into.by and between the ORANGE COUNTY "
3 HARBORS, BEACHES AND PARKS DISTRICT, hereinafter referred to as "DISTRICT ", and the
4 1 CITY OF Newport Beach a municipal corporation, located within the County of
5 Orange, hereinafter referred to as "CITY ". The implementing agent for the DISTRICT
6 shall be the.Orange County Environmental Management Agenc},.
7 R E C I T A L S i
8 WHEREAS, residents of CITY utilize beaches in the unincorporated areas
9 adjacent to the CITY, as well as the beaches of other Cities and State beaches
10 located in the County of Orange; and I
11 WHEREAS, it is determined by the legislative bodies of both the CITY and the
12 DISTRICT that the CITY is better able to provide lifeguard service in the unincorporated
13 areas adjacent to said CITY:
14 NOW, THEREFORE, it is agreed between the CITY and DISTRICT as follows:
15 1. The CITY shall provide lifeguard services during the 1978 calendar year in .
16 the following described unincorporated area: j
17 The coastal waters and tidelands areas of the Pacific
A
18 Ocean and tributary bays and inlets within Orange
19 County lying between the following lines:
20 A line bearing N. 380 E. running through the most westerly projection of Abalone Point,
21 a headland located in the southernly section of Block 164 of the Irvine subdivision
22 on the south and the southwesterly prolongation of the boundary of the City of
23 Huntington Beach on the north, which prolonged line is also the easterly property line
24 of the Huntington Beach State Beach.
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Excepting therefrom that portion lying within the
incorporated boundaries of the CITY OF Newport Beach
and that portion identified by codified ordinance of
Orange County, Sections 3 -9 -1 (a) and (b) a4d Resolution
75 -593.
2. CITY agrees to employ only properly trained and qualified lifeguards and I
supervisory personnel in the discharge of its obligations under this Agreement and to
maintain and provide an on -going training program, satisfactory completion of which
is
shall be mandatory for all lifeguards employed by CITY. For the purpose of this
agreement, training and qualification of lifeguard personnel shall comply with National
Surf Lifesaving Association of America standards. 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. CITY shall respond to all lifeguard emergency calls with qualified
personnel.
4. The standard of service provided shall be subject to the approval of
DISTRICT and within ten (10) days after the execution of the agreement, CITY shall
provide the Director, Environmental Management Agency, with a proposed schedule of
lifeguard service on contracted days and the CITY'S Emergency Call -Out Procedure.
CITY shall submit all amendments to CITY'S standard of service, proposed schedule or
Emergency Call -Out Procedure at least ten (10) days prior to proposed implementation.
5. Each month the CITY shall file with the Director, Environmental Manage-
ment Agency, a complete written report of its activities and services rendered pursuant !
to and under this agreement. i
6. DISTRICT, in consideration of the performance by CITY as in this agreement)
provided, does hereby agree to pay CITY the sum of Fifty -One Thousand Three Hundred and
1
Twenty-Nine Dollars and No Cents, payment to be made on the dates and in installments
2
as follows:
3
July 31, 1978 . . . . . . . $25,664.00
October 31, 1978 . . . . . $12,833.00
5
December 31, 1978 . . . . . $12,832.00
6
7. It is expressly understood and agreed that theflifeguard service to be
.7
furnished by CITY shall be under the sole and exclusive direction and employment of '•'
.w�
8
CITY; subject to the right of DISTRICT to approve the standards of service, as in this
9
Agreement provided, and'aubject to the further right of District to request the placing
10
of a lifeguard station or personnel at any point in the unincorporated.area of Orange.,
11
County deemed necessary by the DISTRICT.
12
B. It is further agreed that CITY will respond with qualified personnel any -
13
where within the County of Orange to the extent there are qualified personnel available
14
which the Chief Lifeguard of the CITY, or his subordinate then on duty, determines are
15
not immediately needed within the CITY when, in the opinion of the Orange County
16
Sheriff - Coroner Department, Harbor Patrol Bureau Commander, an emergency exists which
17
warrants additional assistance beyond the ability of any one jurisdiction to provide.
18
9. It shall be the duty of the Chief Lifeguard of CITY to immediately notify
19
the Orange County Sheriff - Coroner Department, Harbor Patrol Bureau Commander in the
20
event of sea rescue or aircraft emergencies so that other City, District, County or
21
State rescue units may be alerted and coordinated for standby or assistance.
22
10. All lifeguards and other rescue personnel of CITY, who shall be called on
23
duty at any such emergency, shall be under the control and supervision of the individ-
24
ual in charge where such emergency occurs; the above individual being expressly under -
25
stood as the Chief Lifeguard, public official, City employee or County employee who has '
i
26
jurisdiction and responsibility over the immediate area where the emergency exists.
27
11. All personnel of the CITY while on emergency duty hereunder, and while
28
going to and returning from the scene of such emergency, shall be deemed to remain the
r�
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 equipped
with and trained to use Self- Contained Underwater Breathing Apparatus (SUBA), such
personnel shall be made available to serve, to the extentf'reasonably permitted by their
a
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 Orange County Sheriff - Coroner Department, Harbor Patrol Bureau Commander.
13. CITY shall indemnify and hold harmless the County of Orange, Orange
County Harbors, Beaches and Parks District, from all claims for damages arising from
the negligent acts or omission of CITY, its officers, agents, or employees in the
conducting of said lifesaving services.
14. CITY and COUNTY agree that this contract may be terminated on any of the
dates specified in Clause 6 herein by either party giving the other party 30 days
prior written notice of intention to terminate. In the event of such termination, the
total consideration owing from COUNTY to CITY for all services performed hereunder
shall be the total of the installment payments specified in Clause 6 for the
corresponding termination date.
IN WITNESS 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 opp7
site their respective signatures.
ATTEST:
By
City C1
10
11 DATED: c i
12 `
13 ATTEST:
14
15 June Alexa der
16 Clerk of the Board of Supervisors
of Orange County, California,
17
18
19
ORANGE COUNTY HARBORS, BEACHES AND PARKS
DISTRICT
Ch an '61 its oard°of Sup
2011 of Orange County, California
2111 APPROVED AS TO FORM:
2211 ADRIAN KUYPER, County Counsel
ORANGE COUNTY, CALIFORNIA
23
24 By
Deputy APPROVED AS TO FORM:
25 r
27 // DENNIS D. O'NEIL
City Attorney
s
THIS AGREEMEN
HARBORS, BEACHES AN
CITY OF Newport Be
Orange, hereinafter
shall be the.Orange
1.
A G R E E M E N T
is made and entered into.by and betyJeen the ORANGE COUNTY
PARKS DISTRICT, hereinafter referied to as "DISTRICT ", and the
I
h , a municipal corporatioq; located within the County of
eferred to as "CITY ". The implementing agent for the DISTRICT
ou[ty Environmental Management AgencJ.
R E C IT,ALS
WHEREAS, residents of CITY utilize beaches in the unincorporated areas
adjacent to the CITY, as well s \the beaches of other Cities and State beaches
located in the County of Orange; and
WHEREAS, it is determined by
DISTRICT that the CITY is better able
legislative bodies of both the CITY and the
lifeguard service in the unincorporatedil
areas adjacent to said CITY:
NOW, THEREFORE, it is agreed between t CITY and DISTRICT as follows:
1. The CITY shall provide lifeguard ser 'ces
the following described unincorporated area:
The coastal waters and tidelands areas of
Ocean and tributary bays and inlets within
during the 1978 calendar year in
Pacific
County lying between the following lines:
A line bearing N.'380 E. running through the most wester\ofrc)he jection of Abalone Point,
a headland located in the southernly section of Block 16 Irvine subdivision
on the south and the southwesterly prolongation of the boundary
Huntington Beach on the north, which prolonged line is also the
of the Huntington Beach State Beach.
the City of
property line
Excepting therefrom that portion lying within the
incorporated boundaries of the CITY OF Newport Beach
and that portion identified by codified ordinance of
Orange County, Sections 3 -9 -1 (a) and (b) a4d Resolution
75 -593.
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 1
maintain and provide an on -going training program, satisfactory completion of which
i
shall be mandatory for all lifeguards employed by CITY. For the purpose of this
agreement, training and qualification of lifeguard personnel shall comply with National '
Surf Lifesaving Association of America standards. CITY further agrees to provide i
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. CITY shall respond to all lifeguard emergency calls with qualified
personnel.
4. The standard of service provided shall be subject to the approval of
DISTRICT and within ten (10) days after the execution of the agreement, CITY shall
provide the Director, Environmental Management Agency, with a proposed schedule of
lifeguard service on contracted days and the CITY'S Emergency Call -Out Procedure.
CITY shall submit all amendments to CITY'S standard of service, proposed schedule or
Emergency Call -out Procedure at least ten (10) days prior to proposed implementation.
5. Each month the CITY shall file with the Director, Environmental Manage-
ment Agency, a complete written report of its activities and services rendered pursuant
i
to and under this agreement. I
6. DISTRICT, in consideration of the performance by CITY as in this agreement
provided, does hereby agree to pay CITY the sum of Fifty -One Thousand Three Hundred andif
Twent -Nine Dollars and No Cents, payment to be made on the dates and in installments
as follows;
July 31, 1978 . . . . . . . $25,664.00
October 31, 1978 . . . . . $12,833.00
December 31, 1978 . . . . . $12,832.00
,7. It is expressly understood and agreed that thef'lifeguard service to be
furnished by CITY shall be under the sole and exclusive direction and employment of
CITY; subject to the right of DISTRICT to approve the standards of service, as in this
Agreement provided, and'subject to the further right of District to request the placing 11
of a lifeguard station or personnel at any point in the unincorporated area of Orange_
County deemed necessary by the DISTRICT.
8. It is further agreed that CITY will respond with qualified personnel any-
where within the County of Orange to the extent there are qualified personnel available
which the Chief Lifeguard of the CITY, or his subordinate then on duty, determine$ are
not immediately needed within the CITY when, in the opinion of the Orange County
Sheriff - Coroner Department, Harbor Patrol Bureau Commander, 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
the Orange County Sheriff - Coroner Department, Harbor Patrol Bureau Commander in the
event of sea rescue or aircraft emergencies so that other City, District, County or
State rescue units may be alerted and coordinated for standby or assistance.
10. 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 under-
stood as the Chief Lifeguard, public official, City employee or County employee who has
jurisdiction and responsibility over the immediate area where the emergency exists.
ll.. 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 equipped
with and trained to use Self- Contained Underwater Breathing Apparatus (SUBA), such
personnel shall be made available to serve,.to the extentjreasonably 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 Orange County Shcriff- Coroner Department, Harbor Patrol Bureau Commander.
t
13. CITY shall indemnify and hold harmless the County of Orange, Orange
County Harbors, Beaches and Parks District from all claims for damages arising from
the negligent acts or omission of CITY, its officers, agents, or employees in the
conducting of said lifesaving services.
14. CITY and COUNTY agree that this contract may be terminated on any of the
dates specified in Clause 6 herein by either party giving the other party 30 days
prior written notice of intention to terminate. In the event of such termination, the
total consideration owing from COUNTY to CITY for all services performed hereunder
shall be the total of the installment payments specified in Clause 6 for the
corresponding termination date.
0 0
IN WITNESS 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 opp
site their respective signatures.
ATTEST: CITY OF
By :' . By
City Clerk Mayor
DATED:
ATTEST:
June Alexander ORANGE COUNTY HARBORS, BEACHES AND PARKS
Clerk of the Board of Supervisors DISTRICT
of Orange County, California
By
Chairman of its Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, County Counsel
ORANGE COUNTY, CALIFORNIA
APPROVED AS TO FORM:
By t �
Deputy
4IS DEND. O'NEIL City Attorney
January 26, 1978
EMA /Administration
P.O. Box 404$
Santa Ana, CA 92702
Attention: Joe Cardello X.
,z-
r
Enclosed is the executed original and ee copies of the amended
Lifeguard Service Agreement together with a copy of Resolution
No. 9267 which was adopted by the City Council of the City of
Newport Beach on January 23, 1978.
After approval by the Orange County Board of Supervisors, please
return a fully executed copy for our official files.
Doris George
City Clerk
eg
Enclosures (�a
cc: Marine Department
n
0
JAN 23 1978
RESOLUTION NO. 9267
By *0 CITY COUNCIL
CIT: OP1irT U04H RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AMENDED LIFEGUARD
SERVICES AGREEMENT BETWEEN THE CITY OF NEWPORT
BEACH AND THE ORANGE COUNTY HARBORS, BEACHES
AND PARKS DISTRICT
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain amended Lifeguard
Services Agreement between the City of Newport Beach and,the
Orange County Harbors, Beaches and Parks District for City
Lifeguard Services in unincorporated areas; and
WHEREAS, the City Council has reviewed the terms and
conditions of said Lifeguard Services 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 hereby approved, and the Mayor and City Clerk are authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ADOPTED this 23rd day of January , 1978.
Mayor
ATTEST:
City Clerk
DDO /bc
1/23/78
0 0
1z -1 -77
MEMO TO THE FILE:
Original & 4 copies agreement for lifeguard services to Marine Dept. for
transmittal to County.
N0V 9,8 1477
oly OF womma NAC41
E
RESOLUTION NO. 99.9.7
6
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 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 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 contract;
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
Mayor
ATTEST:
City Clerk
November , 1977.
DDO /bc
11/22/77