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
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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
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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.
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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.
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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