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HomeMy WebLinkAbout87-132 - Lifeguard Services AgreementRESOLUTION NO. 87 -132 WHEREAS, Since 1945, the Orange County Board of Supervisors has provided annual lifeguard financial assistance to coastal cities in Orange County; and WHEREAS, commencing in 1982 -83, determination of the amount of subsidy funds each respective City would be eligible for was determined by a measurable basis established by and between the County and each coastal city; and WHEREAS, City of Newport Beach staff have met on several occasions in order to determine an equitable formula that would divide this year's County funds of $248,248 among each eligible coastal city; and WHEREAS, a five -year agreement between the City and County was reached which provides that each City's distributive share be based on the actual and direct salary costs paid in each preceding year for City Lifeguards and Field Supervisors in rendering lifeguard services for City's beaches. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach is desirous of entering into said Agreement with the County of Orange and hereby authorizes the Mayor and City Clerk to execute thed agreement referred to herein, a copy of which is attached as Exhibit "A" and incorporated by reference. ADOPTED this 10th day of Aug ATTE T City Clerk A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR & CITY CLERK TO EXECUTE A 5 -YEAR AGREEMENT WITH THE ORANGE COUNTY HARBOR BEACHES & PARKS DISTRICT WHICH WILL PROVIDE FINANCIAL ASSISTANCE FOR LIFEGUARD SERVICES WHEREAS, Since 1945, the Orange County Board of Supervisors has provided annual lifeguard financial assistance to coastal cities in Orange County; and WHEREAS, commencing in 1982 -83, determination of the amount of subsidy funds each respective City would be eligible for was determined by a measurable basis established by and between the County and each coastal city; and WHEREAS, City of Newport Beach staff have met on several occasions in order to determine an equitable formula that would divide this year's County funds of $248,248 among each eligible coastal city; and WHEREAS, a five -year agreement between the City and County was reached which provides that each City's distributive share be based on the actual and direct salary costs paid in each preceding year for City Lifeguards and Field Supervisors in rendering lifeguard services for City's beaches. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach is desirous of entering into said Agreement with the County of Orange and hereby authorizes the Mayor and City Clerk to execute thed agreement referred to herein, a copy of which is attached as Exhibit "A" and incorporated by reference. ADOPTED this 10th day of Aug ATTE T City Clerk G -22417 Agreement No. D87 -318 1 LIFEGUARD SUBSIDY PROGRAM AGREEMENT 2 This Agreement is made and entered into this day of�O�ah , 3 198_2, by and between the City of Newport Beach, a municipal corporation, 4 hereinafter referred to as "CITY" and the Orange County Harbors, Beaches and Parks 5 District, hereinafter referred to as "DISTRICT." 6 WHEREAS, the CITY is situated on the coastline.of the County of Orange, 7 where many and various persons residing throughout the County of Orange come for 8 relaxation and enjoyment of CITY's beaches, and.thereby adding to the burden of CITY 9 providing lifeguard service on said beaches; and 10 WHEREAS, CITY's beaches are a recreation resource of CITY, county and 11 statewide significance; and 12 WHEREAS, DISTRICT is authorized to provide for recreational facilities and 13 programs of countywide benefit; and 14 WHEREAS, Section 10900 et seq. of the Education Code of the State of 15 California authorizes cities, counties and special districts to.enter into agreement 16 to provide recreation services benefiting residents of the state; and 17 WHEREAS, lifeguard subsidy to cities is an appropriate cooperative 18 community recreation program under provisions of Section 10900 et seq. of the 19 Education Code of the State of California; and 20 WHEREAS, DISTRICT's governing board has determined the Lifeguard Subsidy 21 Program to coastal cities is of general benefit to DISTRICT residents; t22 NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 23 1) CITY agrees to provide lifeguardlservices at CITY owned or operated e< 24 public beaches during July, August, September and June for the five fiscal year 251 period commencing with July 1, 1987, and ending with June 30, 1992. CITY further 26 agrees to provide lifeguard services at all other times during this period of said 27 agreement as the need may exist; it being expressly understood the CITY shall 28 respond to the extent of its capability, with qualified personnel to emergency calls -1 �f 1 2 3 4 5, 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 .22 23 24 25 26 27 28 Agreement No. D87 -318 therein at any time during said fiscal years. 2) CITY agrees to employ only properly trained and qualified lifeguards and supervisory personnel in the discharge of its obligations under this agreement. For the purpose of this agreement, training and qualifications of lifeguard personnel shall comply with United States Surf Lifesaving Association standards. 3) CITY agrees to provide adequate supervisory personnel at all times, it being the intent of the parties that lifeguard service of high quality and standard j shall be available at all times. 4) CITY shall maintain payroll records of all lifeguard employees and their direct field supervisors by name and /or employee number and classification to verify actual direct salary costs. CITY shall make these records available upon request of the Director, EMA, County of Orange, or his designee, hereinafter referred to as "Director, EMA," and said records are subject to audit by the Orange County Auditor - Controller. Payroll records shall be kept on file by CITY for three fiscal years. 5) DISTRICT, in consideration of the performance by CITY under terms of this agreement, shall allocate to CITY a proportional share of DISTRICT's annual funding for lifeguard subsidy program, based on each participating coastal city's relative actual direct salary costs paid to lifeguards for lifeguarding services performed by participating coastal cities on their public beaches in the preceding fiscal year. Qualifying direct salary costs are more specifically defined as: a. Direct salaries or wages, including overtime, paid for lifeguarding services to full time and part -time lifeguard personnel; excludes consideration of employee benefits, CITY overhead, etc. b. Direct salaries or wages as above paid to supervisory lifeguarding personnel, only to extent supervisors are required to provide direct lifeguard protection on CITY beaches, supplementary to regularly assigned lifeguard personnel. c. Salaries or wages paid to lifeguards for lifeguard protection Agreement No. D87 -318 1 provided on private beaches or upon public beaches under the authority of another 2 public agency may not be claimed for subsidy assistance under this agreement. 3 6) CITY shall submit payroll data for qualifying salaries as provided in 4 Clause 5 to the Director, EMA, within thirty days of execution of this agreement for 5 agreement year 1987 -88, and by August 15 for succeeding agreement years. 6 7) The Director, EMA, shall review qualifying salary data of CITY and other participating coastal cities and shall determine CITY's proportional lifeguard 8 subsidy allocation accordingly. Prior to such determination, DISTRICT may convene a 9 meeting of representatives of participating coastal cities to jointly review salary 10 data submitted by cities for consistency and reasonableness. 11 8) DISTRICT shall notify CITY in a timely manner of percentage proportion 12 and related allocated amount determined by Director, EMA, to be due to CITY and 13 other participating coastal cities, such determination to be considered final. 14 9) CITY shall submit invoice for allocated amount due to CITY to 15 Director, EMA, Financial Operations, P.O. Box 4048, Santa Ana, CA 92702 -4048. 16 DISTRICT shall make payment to CITY within thirty days of receipt of invoice. 17 10) CITY may submit written request and justification to Director, EMA, r 18 for annual adjustment in lifeguard subsidy program amount by March 1; Director, EMA, 19 will evaluate CITY justification and may submit a budget request for program funding 20 increase, provided that such increase may not exceed five percent for any agreement 21 year. -22 11) Director, EMA, shall notify CITY of lifeguard subsidy program amount 23 requested for following fiscal year budget by June 1, and shall notify CITY of A` 24 annual program budget adopted by Board of Supervisors by September 1, provided that 25 program amount for agreement year 1987 -88 is $248,248. 26 12) DISTRICT reserves right to change proportional allocation basis among 27 coastal cities by Resolution of DISTRICT's governing board, provided that at least § 28 thirty days advance notice of any proposed change will be provided to CITY. • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 �' 16 17 18 19 20 21 22 s23 24 25 26 27 28 Agreement No. D87 -318 13) CITY shall indemnify and hold harmless the County of Orange and Orange County Harbors, Beaches and Parks District from all claims for damages arising from the.negligent acts or omissions of CITY, its officers, agents or employees in CITY's conducting of lifeguarding services under this agreement. -4-- 1 2 3 4 6 7 8 10 11 12 13 i 14 .15 16. 17 18 19 20 21 22 d 23 24 25 26 27 28 Agreement No. D87 -318 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 opposite their respective signatures. ATTEST: Date: �9p Date: Q Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE �BOAR,D�— Linda D. Roberts Clerk of the Board of Supervisors of Orange County, California Approved as to form: Adrian Ruyper, County Counsel Orange County, California By: r Deputy 6 ApproveVas to form: By: / //I RS:rmPRO11 -27 7195 ty Attorney CIT' By: By: ORANGE COUNTY HARBORS, BEACHES. AND.,,,.. PARRS ,MTRICT _ By: -5- d; na man or the Board or supervisors f Orange County acting as the ; overning Board of the Orange County Harbors, Beaches and Parks District