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TO: Members of the Newport Beach City Council
FROM: Timothy Riley, Fire Chief
SUBJECT: Agreement For the Installation Of Internet Computer Video Equipment
At Newport Beach Lifeguard Headquarters
ACTION(S): Approve the agreement.'/'✓
SUMMARY: This agenda item provides for the installation of ocean observation video equipment
at lifeguard headquarters by Surfline, Inc. In exchange for exclusive rights to install
equipment at this location, Surfline agrees to provide lifeguards the ability to access
and control this and other Newport Beach ocean observation cameras owned and
operated by Surfline.
BACKGROUND: One of the primary tasks performed by Newport Beach lifeguards is observing the
ocean waters. Lifeguards look for dangerous conditions and swimmers in distress.
This is accomplished by placing lifeguards in towers at strategic locations. Newport
Beach has 38 towers on its beaches and most of those are staffed during the summer
months. During the rest of the year, towers are staffed as conditions require or as
staff is available and it is rare to staff any towers in the winter months.
When towers are not staffed, lifeguards depend on patrol units for observation and
rescue. Patrol units drive up and down the beach to find swimmers who may need to
be warned or observed. Determining where to patrol can be crucial if lifeguards are
expected to be there when a swimmer is in need. This can be difficult when crowd
and ocean conditions are constantly changing. A patrol unit can drive past a desolate
stretch of beach only to return later to find a busload of children that were dropped
off just after the unit went by or that safe ocean conditions have turned dangerous in
a short period of time.
For years the staff has been exploring the possibility of placing video cameras at
locations that would provide the ability to observe large areas of water instantly from
a central location. As crowd or ocean conditions change, the observation would be
immediate and patrol units could be directed to appropriate locations. These cameras
would greatly improve our ability to prevent swimmers from getting into dangerous
situations. Until now, the technology has not been available or affordable.
Surfline, Inc. is a company that provides information on surf conditions to its
customers by a variety of methods. One of these methods is a web cam. Web cams
are live video cameras placed at the beach so that anyone who is interested can log
on to their web site and see what the surf conditions are. Surfline has plans for
several of these cameras in Newport Beach. This is an opportunity to use a system
that is already in place at little cost to the city.
The added value being offered by Surfline is the ability to control what the camera is
looking at. While anyone with web access can view these images, they are restricted
to a programmed routine of what the camera is viewing. Newport Beach lifeguards
will be able to override the program to focus in on a particular area of the water that
may be of concern. In addition, Surfline will install special equipment at lifeguard
headquarters that will provide the ability to view several images at once and an
enhanced video image of the pier area.
Surfline will also provide an additional page, linked from the camera page, where
the Lifeguards can provide safety and general beach information specific to the
Newport Beach shores on all of the Newport Beach cameras. This page will be
sponsored by City of Newport Beach /Lifeguards and Hoag Hospital's Project
Wipeout at no cost with links back to the respective websites.
Surfline will also provide beach, wave, and weather forecasting services to the
Lifeguards via the Wavefax, local telephone access to the 800 - SURFLINE number and
offer special alerts as conditions warrant.
AGREEMENT FOR INSTALLATION OF
INTERNET COMPUTER VIDEO EQUIPMENT AT
NEWPORT BEACH LIFEGUARD HEADQUARTERS
This Agreement for Installation of Internet Related Computer Video Equipment is made
and entered into this day of 2000, by and between The City of
Newport Beach (CITY), and SURFLINE, Inc. a division of Swell.com a Delaware
Corporation (SURFLINE).
RECITALS
A. The property designated for a SURFLINE camera installation is located at the
City's Lifeguard Headquarters. SURFLINE owns, operates and maintains
Internet related computer video equipment commonly described as SURFLINE
Video Cameras and the SURFLINE Websites on the Internet on which the video
images are projected.
B. The City Council recognizes the benefits to the operations of the Fire Department
offered by the SURFLINE Video Cameras; and has determined that the benefits
of the Agreement will enhance public safety and are in the best interests of the
CITY.
C. CITY is willing to provide SURFLINE facilities to locate and install a video camera
and computer equipment at this location, subject to the terms and conditions of
this Agreement.
1. PLACEMENT AND OWNERSHIP
a) CITY hereby grants SURFLINE permission to locate, install and
operate video camera and computer equipment at The City
Lifeguard Headquarters. The camera and associated hardware
and software shall be installed at a mutually agreed upon location.
b) CITY agrees that all installed equipment shall always remain the
property of SURFLINE, and that SURFLINE equipment will be
accessible during business hours to SURFLINE personnel.
2. TERM AND RENEWALS
a) The term of this Agreement shall commence on July 26, 2000, or
upon installation.
b) The term of this License Agreement shall be three (3) years from
the date of commencement. At the expiration of the three (3) year
term, this Agreement shall be automatically renewed for annual
periods thereafter until a new Agreement has been executed or this
Agreement is cancelled. Either party may cancel this Agreement,
at any time, for any reason after the initial three year term. Notice
of cancellation shall be confirmed in writing and delivered via US
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Mail to the last known correspondence address at least sixty (60)
days prior to cancellation.
c) SURFLINE shall have the right to transmit live video images from
the fixed camera installation at the property. For the first three (3)
years of this Agreement, CITY shall not enter into another
agreement for live beach and /or surf condition images from the
City's Lifeguard Headquarters. This restriction shall not be effective
during any renewal periods and shall not affect CITY's ability to
place its own equipment. However, CITY shall notify SURFLINE of
any requests to install a competing camera during any renewal
period.
3. SURFLINE OBLIGATIONS
SURFLINE agrees to provide City, at no cost to City.
a) SURFLINE shall provide all necessary equipment, including
hardware and software, and shall pay for installation of the camera
hardware, telephone lines, Internet connection, and monthly
recurring charges for such services, to deliver live video images
from the property to SURFLINE's Internet Websites.
b) All images from the installed video camera shall reside exclusively
at Surfline.com and Swell.com Internet Websites, and shall be
provided free of charge.
c) SURFLINE shall credit the City of Newport Beach as a sponsor of
the camera images with a logo /link back to the CITY of Newport
Beach website at city.newport- beach. ca. us.
d) SURFLINE will provide a live still image for the CITY to use on its
website from all Newport Beach camera locations.
e) SURFLINE will provide beach, wave and weather forecasting
services to the Lifeguards via the Wavefax, local telephone access
to the 800 - SURFLINE number and offer special alerts as conditions
warrant.
f) The installation of the camera will include hook -up to a TV monitor
at the City's Lifeguard Headquarters.
g) The Lifeguards will be given access to a special page that
SURFLINE will create that displays images from all of its Newport
Beach cameras simultaneously.
h) Within ninety (90) days of the date of installation, SURFLINE will
provide access via an administration page for the Lifeguards to
override the preset camera views in an emergency situation.
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i) SURFLINE will also provide an additional page, linked from the
camera page, where the Lifeguards can provide safety and general
beach information specific to the Newport Beach shores on all of
our Newport Beach cameras. This page will be sponsored by City
of Newport Beach /Lifeguards and Hoag Hospital's Project Wipe Out
at no cost with links back to the respective websites.
j) SURFLINE shall indemnify and hold harmless CITY, from all
damages, losses, claims, suits, or actions of any kind and nature
whatsoever, including attorneys' fees brought for or on account of
damage to property, including SURFLINE property, or injuries to or
death of any person, including SURFLINE employees or agents,
resulting or alleged to have resulted, directly or indirectly, wholly or
partially, from SURFLINE's performance of the Agreement.
Additionally, SURFLINE shall indemnify CITY, and hold CITY
harmless from, all damages, losses, claims, suits of any kind and
nature whatsoever, including attorney's fees, which CITY may
sustain or incur, in whole or in part, as a consequence of
SURFLINE's negligent errors or omissions in the performance of
this Agreement. Nothing in this Agreement shall be construed as
requiring SURFLINE to indemnify CITY for or hold CITY harmless
against grossly negligent acts or omissions committed by the CITY.
4. CITY OBLIGATIONS
a) CITY will provide electricity to the camera and computer installation
locations at the property, and an environmentally stable indoor
space to install the computer equipment with reasonable security,
proper ventilation, and access to phone lines as would be normally
required for computer equipment.
b) CITY will provide any necessary personnel assistance during
installation to insure compliance with all applicable Building Codes
and regulations and other applicable procedures so as to
accomplish a safe and legal installation. CITY will also wipe off the
outer lens of the camera unit twice a week, or more during extreme
weather events, to insure good quality images.
C) CITY will credit SURFLINE as the source of the live still images
provided for the CITY's website. City will provide a logo /link back to
Surfline.com on the City's website, provided that CITY reserves the
right to disconnect the City's website link to Surfline.com or to
Swell.com at CITY's sole discretion at anytime.
d) CITY will provide a quote for a SURFLINE press release
announcing the roll -out of its Newport Beach cameras citing the
advantages of having the cameras to monitor the beaches for
crowds, staffing, safety etc. Any SURFLINE press release
concerning the SURFLINE Newport Beach Cameras shall be
subject to prior approval of the Fire Chief.
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FINANCIAL CONSIDERATION
In addition to benefits provided to City Lifeguards under paragraph 3
above, SURFLINE shall cover all costs associated with the camera
installation, recurring maintenance and insurance, and repair due to
vandalism. All SURFLINE obligations in paragraph 3 shall be provided at
no cost to CITY
REMEDIES
a) If SURFLINE fails to perform any obligations it incurs pursuant to
this Agreement, CITY shall give SURFLINE written notice and
SURFLINE shall have fifteen (15) days from the date of the notice
within which to perform. In the event that SURFLINE fails to
perform within said fifteen (15) day period, then CITY shall have the
right to immediately terminate this Agreement two (2) days after a
notice of termination has been sent to SURFLINE via US Mail.
b) If CITY fails to perform any obligations it incurs pursuant to this
Agreement, then SURFLINE shall give CITY written notice and
CITY shall have fifteen (15) days from the date of the notice within
which to perform. In the event that the CITY fails to perform within
said fifteen (15) day period, SURFLINE shall have the right to
immediately terminate this Agreement two (2) days after a notice of
termination has been sent to the CITY via US Mail.
c) In the event of the termination of this Agreement, SURFLINE shall
have the right to immediately retrieve its equipment without
interference from CITY, but under the supervision of CITY or its
assigns if requested.
d) If any action at law or inequity is brought to enforce or interpret the
provisions of this Agreement, the prevailing party shall be entitled to
reasonable attorneys' fees in addition to any other relief to which it
may be entitled. Either the Orange County Superior or Municipal
Court shall have jurisdiction over any such action and that Court
shall be authorized to determine which party is the prevailing party
and what amount constitutes reasonable attorneys' fees to be
awarded to the prevailing party.
ASSIGNMENT
This Agreement shall not be assigned by either party without first
obtaining the express written consent of both parties, which shall not be
unreasonably withheld.
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8. INSURANCE
SURFLINE will, at its sole cost and expense, keep public liability
insurance for the location in force at all times during the performance of
this Agreement.
9. COMPLIANCE WITH LAWS AND ORDINANCES
SURFLINE shall comply with all local, state and federal ordinances, rules
and statutes relevant to the installation and operation of the video
equipment.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first -above written.
Surfline
In
Sean Collins
Title: President
APPROVED AS TO FORM:
M
Robin L. Clauson,
Assistant City Attorney
ATTEST:
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LaVonne Harkless,
City Clerk
f: \users\cahshared \ag\surfline.doc
Correspondence Address
Surfline
300 Pacific Coast Hwy, Suite 310
Huntington Beach, CA 92648
714 - 374 -0556 714 - 374 -0562 Fax
CITY OF NEWPORT BEACH,
a Municipal corporation
L_
John Noyes, Mayor
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658