HomeMy WebLinkAboutC-2050 - Agreement for Lifeguard financial assistance for emergency services! 0
CITY OF NEWPORT BEACH
CALIFORNIA
City [fall
3300 W. Newport blvd.
Area Code 714
DATE October 13, 1978
T0: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 2050
Description of Contract Orange County Lifeguard Emergency Services
Authorized by Resolution No. 9442 , adopted on October 10, 1978
Effective date of Contract October 12, 1978
Contract with County of Orange - Environmental Management Agency
Address 811 North Broadway - P. 0. Box 4048
Santa Ana, CA 92702
Amount of Contract See Agreement
City Clerk IT
1 A G R E E M E N T
2 THIS AGREEMENT is made and entered into by and between the COUNTY OF ORANGE,
3 a body politic and corporate, hereinafter referred to as the "COUNTY ", and the CITY
4 OF NEWPORT BEACH a municipal, corporation, located within the County of Orange,
5 hereinafter referred to as "CITY ". The implementing agency for the COUNTY shall be
6 the Orange County Environmental Management Agency.
7 WITNESSETH
8 WHEREAS, the CITY is situated on the coastline of.the County of Orange, where
9 many and various persons, not necessarily residents of the CITY, but including as well
10 residents of the COUNTY, all other counties in the State of California, and of other
11 states and foreign countries, come for relaxation and enjoyment of the beaches in the
12 CITY, thereby adding to the burden of the CITY and the necessity of ample and sufficient
13 lifeguard service on said beaches; and
14 WHEREAS, the City Council of the CITY has adopted a resolution by a four -fifth
15 vote of all its elected members, making therein the findings required by Sections 25551
16, and 25552 of the Government Code of the State of California, a certified copy of which
17 resolution is attached hereto, and
18 WHEREAS, the Board of Supervisors of the COUNTY has adopted by a four- fifths
19 vote of all its members, Resolution No. dated making the
20 findings required by Section 25553 of the Government Code;
21 NOW, THEREFORE, it is agreed between the CITY and the COUNTY as follows:
.22 1. CITY agrees to provide lifeguard services during July, August, September,
23 and J6ne of the 1978 -79 fiscal. year, and at all such time during, the remainder of such
24 fiscal year as the need for the same may exist, it being expressly understood the
25 CITY shall respond, with qualified personnel, to emergency calls therein at any time
26 during such fiscal year.
27 2. CITY agrees to employ only properly trained and qualified lifeguards
28 and supervisory personnel in the discharge of its obligations under this Agreement,
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and to maintain and provide an on -going training program, satisfactory completion of
which shall be mandatory for all lifeguards.employed by CITY. For the purposes 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
liEeguard 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 Agreement. 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 -eight
Thousand Thirty Seven - Dollars 00(100 payment to be made on the dates and
installments as follows:
November 1, 1978 $49,019
February 1, 1979 $24,509
May 31, 1979 $24,509 ^
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 Sheriff- Coroner Department, Harbor Patrol Bureau Commander, an emergency
exists which warrants 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 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.
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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 indi-
vidual in charge where such emergency occurs; the abo% -2 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.
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8. 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.
9. If, within the CITY's qualified personnel, there are lifeguards equipped
with and trained to use Self- Contained Underwater Breathing Apparatus (SCUB), such
personnel shall be made available to serve, to the extent reasonable permitted by their
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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.
10. CITY will, no later than July 16, 1979, submit to COUNTY's Director, II
Environmental Management Agency, or designee thereof, an accounting of CITY's expense J
in providing lifeguard service for Fiscal Year 1978 -79.
11. If., as described in clause 10 herein, CITY's approved budget allocation
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exceeds actual expenditures for CITY's lifeguard services program, COUNTY shall reduce
financial assistance subsidy by the same percent; COUNTY shall bill CITY for subsidy
paid in excess and, CITY will remit to COUNTY said excess as billed.
IN WITNESS idHEREOF, COUNTY has caused this Agreement to be executed by the
Chairman of the Board of Supervisors and attested by its Clerk, and CITY has caused this
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Agreement to be executed by its Major, and attested by its Clerk, all. thereunto �I
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duly authorized, on the dates set forth opposite their respective signatures.
CITY OF NEWPORT BEACH
DATED
ATTEST:
City Cler
BY
Deputy
DATED
ATTEST:
JUNE ALEXANDER
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORDS:
ADRIAN KUYPER, County Counsel
ORANGE UNTY, CALIFORNIA
By /
APPROVED AS TO FORM
CIT : to //0 E
COUNTY OF ORANGE
By
Chairman of its Board of Supervisors
of Orange County, California
October 13, 1978
TOt Marine Depart
PROMtt City Clerk's Office
SWICTt Lifeguard Emergency foces Contract 02050
Attached are 3 copies of: ty cev.e"+ between the City
of Newport Leach and the of Orange for Lifeguard
Emergency Services, authorized by Resolution No. 9442.
Please send two copies to Orange County Environmental
Management Agency for szecution and keep the extra copy
for your file. The County should return one executed
copy to the City Clerk's Office.
a
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0 0
RESOLUTION NO. 9 44 2
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 COUNTY OF
ORANGE FOR LIFEGUARD FINANCIAL ASSISTANCE FOR
FISCAL YEAR 1978 -79
WHEREAS, many non -City residents utilize the beaches
of the City-of Newport Beach; and
WHEREAS, in accordance with sections 25551 and 25552
of the Government Code of the State of California, the City
Council of the City of Newport Beach hereby finds and determines
that the use of City -owned beaches by large numbers of non-
residents has created an undue financial burden on the City by
increasing the costs of providing and maintaining lifeguard
services on the following City -owned beaches: Balboa, Corona
del Mar, and Newport; and
WHEREAS, section 25551 of the Government Code of the
State of California provides that under such circumstances a
city may request financial assistance from the county in which
it is located by Resolution adopted by a vote of four- fifths of
all its elected members,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that:
1. The costs of providing and maintaining lifeguard
services on City -owned beaches are increased by reason of their
use by non -City residents; and
2. A financial assistance request in the amount of
$98,037.00 to the County of Orange is hereby authorized in
accordance with section 25551 of the Government Code of the State
of California; and
3. The City Clerk is hereby authorized to transmit
the financial assistance request by copy of the City Council's
action to the County of Orange; and
4. The Mayor and City Clerk are hereby authorized
and directed to execute the agreement with the County of Orange
providing for such financial assistance.
ADOPTED this 10th day of October
ATTEST:
City Clerk
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1978.
DDO /kb
10/3/78