HomeMy WebLinkAboutC-2135 - Lifeguard Financial Assistance for Fiscal Year 1979-800
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 2135
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CITY OF NEWPORT BEACH
CALIFORNIA
City 11au
7100 W. Newport filed.
Area Code 714
DATE November 20, 1979
Description of Contract Lifeguard Finaicial Assistance FY 79 -80
Authorized by Resolution No. 9655 , adopted on October 9, 1979
Effective date of Contract November 1, 1979
Contract with County of Orange
Address
Amount of Contract 98,037.00
City Clerk
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RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
December 4, 1979
On motion of Supervisor Wieder, duly seconded and carried, the fol-
lowing Resolution was adopted:
BE IT RESOLVED that the Clerk of this Board is hereby authorized to
sign the Lifeguard Financial Assistance Agreements on behalf of the Board
of Supervisors, dated October 8, 1979, on behalf of the County of Orange
with the Cities of Seal Beach, Newport Beach, Huntington Beach, Laguna
Beach and San Clemente for lifeguard services.
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AYES: SUPERVISORS HARRIETT M. WIEDER, THOMAS F. RILEY, EDISON W.
MILLER, RALPH B. CLARK AND PHILIP L. ANTHONY
NOES: SUPERVISORS NONE
ABSENT: SUPERVISORS NONE
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
I, JUNE ALEXANDER, 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 4th day- 'of.'cPmr ,
19_29__, and passed by a unanimous vote of said Board-..-'
IN WITNESS WHEREOF, I have hereunto set my hand and-seal this 4th day-of
December , 1979 A
JUNE ALEXANDER
Clerk of the Bodrdi of Supervisors of
Resolution No. 79 -1794 Orange Cbi�ri
Lifeguard Financial Assistance
Program
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a
A G R E E M E N T
El
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 implementing agency for the COUNTY shall be the Orange
County Environmental Management Agency.
WHEREAS, the CITY is situated on the coastline of the County of Orange, where
many and various persons, not necessarily residents of 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 required 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
vote of all its members, Resolution No. T74-/'-4 4 dated ✓ ,, sn, a 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 1979 -80 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 Agreement, and to
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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 agree-
ment, training and qualification of lifeguard personnel shall comply with United States
Surf Lifesaving Association standards. CITY further agrees to provide adequate super-
visory personnel at all times, it being the intent of the parties that lifeguard service
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of high quality and standards shall be available at all times.
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3. COUNTY hereby designates the Director, Environmental Management Agency
as its liaison officer [or 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, 1979 $49,019.00
February 1, 1980 $24,509.00 j
May 31, 1980 $24,509.00
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
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available which the Chief Lifeguard of the CITY, or his subordinate then on duty,
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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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1 7. All lifeguards and other rescue personnel of CITY, who shall be called
2 on duty at any such emergency, shall be under the control and supervision of the indi-
3I vidual in charge where such emergency occurs; the above individual being expressl.y under
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41 stood as the Chief Lifeguard, public official, city employee or County employee who has
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5 jurisdiction and responsibility over the immediate area where the emergency exists.
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6 8. All personnel of the CITY while on emergency duty hereunder, and while !
7 going to and returning from the scene of such emergency, shall. be deemed to remain the
8 employee of the CITY; and any State personnel furnished for an emergency on any beach
9 at which the CITY furnishes lifeguard service hereunder shall likewise be deemed to
10 remain a state employee.
11 9. If, within the CITY's qualified personnel, there are lifeguards equipped
12 with and trained to use Self- Contained Underwater Breathing Apparatus (SCUBA), such
13 personnel shall be made available to serve, to the extent reasonable permitted by their
14 capabilities, training, experience and equipment as determined by the Chief Lifeguard of
15 CITY, in an Orange County underwater rescue team coordinated and called into duty by
16 the Orange County Sheriff - Coroner Department, Harbor Patrol Bureau Commander.
17 I 10. CITY will, no later than July 16, 1980, submit to COUNTY's Director,
18 Environmental Management Agency, or designee thereof, an accounting of CITY's expense
19 in providing lifeguard service for Fiscal Year 1.979 -80.
20 11. If, as described in clause 10 herein, CITY's approved budget allocation
21 exceeds actual expenditures for CITY's lifeguard services program, COUNTY shall reduce
22 financial assistance subsidy by the same percent; COUNTY shall bill CITY for subsidy
23 paid in excess and, CITY will remit to COUNTY said excess as billed.
24 IN WITNESS GIHEREOF, COUNTY has caused this Agreement to be executed by the
25 Chairman of the Board of Supervisors and attested by its Clerk, and CITY has caused this
26 Agreement to be executed by its Mayor, and attested by its Clerk, all thereunto duly
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authorized, on the dates set forth oppostie their respective signatures.
CITY OF NEWPORT BEACH
DATED C G= �- .. /�.� L
ATTEST:
City Cle
I BY
Deputy
DATED
I ATTEST:
JUNE ANd NDER
Clerk of the Boa f Supery isors
Orange Countalifornia
APPROVED AS TO FORM:
ADRIAN KUYPER, County Counsel
ORANGE COUNTY, CALIFORNIA
ORANGE ,COUNTY,
By � 1 C iC�-A- -r`
By -
Mayor
COUNTY OF ORANGE
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Chair a of its Board of Super ervisors
of Orange County, California
N
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Octob -r 19, 1979
Mr. Kurt Brittain -
R- cr -ation Facilttips Sup- rint�nd,nt
County of Oranges
10852 - Douglass Road
Anah -im, CA 92806
RA: Lifeguard SPrvic�s
^ncic-svd ar• the original and two copi -s o4 tha agr - -m -nt
batwPpn th< City of NAwport B =ach and tho County of Orang
for lifoguard - financial assistant.- for :h- fi-ca? y <a,• 1979=�0
which hav= bd6 n -•xo<:ut -d by the Cit;, as authoriz�l by —ia
adoption of RAsuluti,'-irdVo. 9655 cn 9, 1979, a c -tttfi -d-
copy of which is'als-o - uclos�d. Pl.as- r -turn ane fully - xocut,d
copy cf th- agr- -rn -nt 6.;r our fil.�s.
DORIS GEORGr:
City Clark
DG
Encl.
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9655
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 THE COUNTY OF
ORANGE FOR LIFEGUARD FINANCIAL ASSISTANCE FOR
FISCAL YEAR 1979 -80
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
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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.
ATTEST:
City Clerk
ADOPTED this 9th day of October , 1979.
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10/2/79
CITY OF NEWPORT BEACH
Q ly 7y MARINE DEPARTMENT
October 9, 1979
' TO: MAYOR AND CITY COUNCIL ITEM NO.:H2 -D
FROM: Marine Department
SUBJECT: LIFEGUARD FINANCIAL ASSISTANCE AGREEMENT FROM THE COUNTY OF
ORANGE FY 1979 -80
Recommendation
If desired, adopt Resolution # authorizing the Mayor and City Clerk
to execute the attached agreement prepared by the County of Orange.
Discussion
The agreement under consideration is between the County of Orange and
the City of Newport Beach for Fiscal Year 1979 -80. The agreement provides
for a County contribution to the City to help finance a portion of
lifeguard services provided to the regional populas (non -city residents).
The text of the agreement is the same as those approved by the City Council
in the past. The agreement provides for the payment of $98,037 to the
City in installments as follows:
November 1, 1979 $49,019
February 1, 1980 24,509
May 31, 1980 24,509
TOTAL $98,037
The Board of Supervisors, at their regular meeting of August 28, 1979,
set financial assistance subsidies for coastal cities at the same funding
levels as the 1978 -79 fiscal year. Provisions for inflation increases
were not granted.
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David Harshbarger, Director
Marine Department
DH: mw
Attachments
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C
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AGREEMENT
E1 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 OF
i
4 NEWPORT BEACH a municipal corporation, located within the County of Orange, hereinafter i
5 referred to as "CITY ". The implementing agency for the COUNTY shall be the Orange
6 County Environmental Management Agency.
I
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 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 i
12 CITY, thereby adding to the burden of the CITY and the necessity of ample and sufficient
13 lifeguard service on said beaches; and
i
14 WHEREAS, the City Council of the CITY has adopted a resolution by a four - fifths;
I
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 I
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18 WHEREAS, the Board of Supervisors of the COUNTY has adopted by a
19 vote of all its members, Resolution No. dated making the j
20 findings required by Section 25553 of the Government Code;
I
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, it
i
23 and June of the 1979 -80 fiscal year, and at all such time during the remainder of such
1
24 fiscal year as the need for the same may exist, it being expressly understood the CITY
25 shall respond, with qualified personnel, to emergency calls therein at any time during
26 such fiscal 'year. j
27 2. CITY agrees to employ only properly trained and qualified lifeguards and
28 supervisory personnel in the discharge of its obligations under this Agreement, and to �'
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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 agree-
ment, training and qualification of lifeguard personnel shall comply with United States
Surf Lifesaving Association standards. CITY further agrees to provide adequate super-
visory 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. 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
I as follows:
November 1, 1979 $49,019.00
February 1, 1980 $24,509.00
May 31, 1980 $24,509.00
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 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.
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 (SCUBA), such
personnel shall be made available to serve, to the extent reasonable permitted by their
capabilities, training, experience and equipment as determined by the chief Lifeguard of
i
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, 1980, submit to COUNTY's Director,
Environmental Management Agency, or designee thereof, an accounting of CITY's expense
i
in providing lifeguard service for Fiscal Year 1979 -80.
11. If, as described in clause 10 herein, CITY's approved budget allocation
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 WHEREOF, COUNTY has caused this Agreement to be executed by the j
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
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authorized, on the dates set forth oppostie their respective signatures.
CITY OF NEWPORT BEACH
DATED
ATTEST:
City Clerk
■:l'1
Deputy
DATED
ATTEST:
JUNE ALEXANDER
Clerk of the Board of Supervisors
Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, County Counsel
ORANGE COUNTY, CALIFORNIA
By
i
By
COUNTY OF ORANGE
By
Chairman of its Board of Supervisors
of Orange County, California
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