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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. 25 26 27 28 1 1 2 4. 3 P 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 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