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HomeMy WebLinkAboutC-2073 - Lifeguard services within unincorporated areas at Santa Ana River Jetty0 40 4455 RESOLUTION NO. 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 ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT FOR THE CITY TO PROVIDE LIFEGUARD SERVICES AT THE COUNTY -OWNED SANTA ANA RIVER JETTY BEACH 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 for lifeguard services within the Santa Ana River Jetty unincorporated area for the 1980 through 1984 calendar years; 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 here- by authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 24th day of March , 1980. Mayor ATTEST: City Clerk kv 3/19/80 40 FROM: City Cleric SUBJECT: Contract No. C -207 M CITY OF NEWPORT BEACH CALIFORNIA City (tall 3100 W. Newport Blvd. Area Code 714 DATE Maruary 15, 1980 Description of Contract Idf2g22xd Services wit`tn the Santa Ana River Jetty unincorporated area. Authorized by Resolution No. 9512 , adopted on rebruasy 12, 1978 Effective date of Contract 1979 calendar year Contract with RVV*A�raticn Address P.O. Bcx 4048 Santa Ana, CA 92702 Amount of Contract $35,277.00 in three payments At�-- Sty Clerk lu CITY OF NEWPORT BEACH H OFFICE: OF THE CITY CLERK (714) 640 -2251 February 16, 1979 E ?4A /Administrat :ion ,. _... -- •. ! -- . P. 0. Box 4048 Santa Ana, CA 92702 - -� — "' — Subject: Lifeguard Services Enclosed are two copies of the agreement between the City of Newport Beach and the Orange Country Harbors, Beaches and Parks District for lifeguard services within the Santa Ana Liver Jetty unincorporated area. This agreement was adopted by Resolution No. 9512 on February 12, 1979 by the City Council of the City of Newport Beach. Please sign both copies of the agreement and return one copy to us for our file. . DORIS GEORGE City Clerk Met Encl. cc: Marine Department t'lml Sottle'. rd , N- %' -pon ca'.''.h, C'aldo 'n6 92663 1' 2 3 R 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 P411 21 22 23 24 25 26 27' 28 r A G R E E M E N T 40 THIS AGREEMENT is made and entered into by and between the ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT, hereinafter referred to as "DISTRICT ", and the CITY OF Newport Beach a municipal corporation, located within the County of Orange, hereinafter referred to as "CITY ". The implementing agent for the DISTRICT shall be the Orange County Environmental Management Agency. 1 R E C I T A L S WHEREAS, residents of CITY utilize beaches in the unincorporated areas adja- cent 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 unincorporated! areas adjacent to said CITY: NOW, THEREFORE, it is agreed between the CITY and DISTRICT as follocsc 1. The CITY shall provide lifeguard services during the 1979 calendar year in the following described unincorporated area commonly known as the mouth of the Santa Ana River: The coastal waters and tidelands areas of the Pacific i Ocean, within Orange County bounded by the following lines: The southeast boundary line of Balsa Chica State Beach; the Pacific Coast l:igh.ay and the northwest boundary line of the City of Newport Beach. RECEIVED 1 1979 I ' E. M. A. i� r � i 1 2. CITY agrees to employ only properly trained and qualified lifeguards and 2 supervisory personnel in the discharge of its obligations under this Agreement. For 3 the purpose of this agreement, training and qualification of lifeguard personnel shall 4 comply with National Surf Lifesaving Association of America standards. CITY further 5 agrees to provide adequate supervisory personnel at all times, it being the intent of I 6 the parties that lifeguard service of high quality and standards shall be available at 7 all times. 8 3. CITY shall respond to all lifeguard emergency calls with qualified k 9 personnel. i 10 4. The standard of service provided shall be subject to the approval of 11 DISTRICT and within ten (10) days after the execution of the agreement, CITY shall 12 provide the Director, Environmental Management Agency, with a proposed schedule of 13 lifeguard service on contracted days and the CITY'S Emergency Call -Out Procedure. CITS' 14 shall submit all amendments to CITY'S standard of service, proposed schedule or 15 Emergency Call -Out Procedure at least ten (10) days prior to proposed implementation. i 16 5. Each month the CITY shall file with the Director, Environmental Manage - 17 ment Agency, a complete written report of its activities and services rendered pursuant 18 to and under this agreement. Ili 19 6. DISTRICT, in consideration of the performance by CITY as in this agreement! i' 20 provided, does hereby agree to pay CITY the sum of Thirty -Five Thousane Two Hundred j 21 Seventy -Seven Dollars and No Cents payment to be made on the dates and in installments! 22 as follows: 23 July 31, $17,638.50 E 24 October 31, 5 8,819.25 Il 25 Dece -tuber 31, $ 8,819.25 ! . II 26 7. It is expressly understood and agreed that the lifeguard service to be � I 27 furnished by CITY shall be under the sole and exclusive direction and e.':plo;-rient of I i 28 CITY; subject to the right of DISTRICT to approve the standards of service, as in this 2 i 1 Agreement provided, and subject to the further right of DISTRICT to request the placing 2 of a lifeguard station or personnel at any point in the unincorporated area of Orange I 3 County deemed necessary by the DISTRICT; to which the DISTRICT would reimburse the CITY. 4 8. It is further agreed that CITY will respond with qualified persunnel any - 5 where within the County of Orange to the extent there are qualified personnel available I 6 which the Chief Lifeguard of the CITY, or his subordinate then on duty, determines are 7 not immediately needed within the CITY when, in the opinion of the Orange County ' 8 Sheriff - Coroner Department, Harbor Patrol Bureau Commander, an emergency, exists which 9 warrants additional assistance beyond the ability of any one jurisdiction to provide. 10 9. It shall be the duty of the Chief Lifeguard of CITY to immediately notify 11 the Orange County Sheriff - Coroner Department, Harbor Patrol Bureau Commander in the 12 event of sea rescue or aircraft emergencies so that other City, District, County or 13 State rescue units may be alerted and coordinated for standby or assistance. 14 10. All lifeguards and other rescue personnel of CITY, who shall be called on 15 duty at any such emergency, shall be under the control and supervision of the individual. 16 in charge where such emergency occurs; the above individual being expressly understood 17 as the Chief Lifeguard, public official, City employee or County employee who has I' 18 jurisdiction and responsibility over the immediate area where the emergency exists. i 19 11. All personnel of the CITY while on emergency duty hereunder, and while 20 going to and returning from the scene of such emergency, shall be deemed to remain the 1 21 employee of the CITY; and any State personnel furnished for an emergency on any beach 22 which the CITY furnishes lifeguard service hereunder shall likewise be deemed to 23 II remain a State employee. 24 If, within the CITY'S qualified personnel., there are lifeguards equipped � 25 II with and trained to use Self- Contained Underwater Breathing Apparatus (SCUBA), such 26 i personnel shall be made available to serve, to the extent reasonably per;;itted by their .I li abilities training, 27 cap I p g, experience and equipment as determined by the Chief Lifeguard 28 II of CITY, in an Orange County underwater rescue team coordinated and called into duty M so Orange County Board of Supervisors, hereinafter referred to as COUNTY. It is agreed the COUNTY is not, pursuant to this agreement, providing any cost of living wage or salary increase for any individual. If binding legal authority determines that the provision of funds pursuant to this action should in any way cause the COUNTY to become ineligible) for State funds, all funds provided hereby shall be immediately returned to COUNTY, and I this agreement shall be deemed voided to the extent necessary to avoid such ineligibility s. 2'I 3 4 10 111 12 13 14' 151 16! 17 is 19 20 21, I 221 23 24 20 261 27 Q • M 1N WITNESS WHEREOF, DISTRICT has caused this Agreement to he e>:ecutcd 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 Ly its Mayor, and attested by its Clerk, all thereunto duly authorized, on the dates set forth oppo- site their respective signatures. ATTEST: By i DATED: JAN 1 4 1978 ATTEST: n 1 4,; ; i June erander Clerk ofi the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, County Counsel ORANGE COUNTY, CALIFORNIA By / Deputy / CITY OF By ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT By- C�G.•.c -f- m -- - hairan of i.cs Board of Sc;,crvisors of Orange County, California M N RESOLUTION NO. y 51 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 ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT FOR LIFE- GUARD SERVICES WITHIN THE SANTA ANA RIVER JETTY UNINCORPORATED AREA 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 for lifeguard services within the Santa Ana River Jetty unincorporated area; 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 February , 1978. ATTEST: City Clerk DDO /kb 2/6/79