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HomeMy WebLinkAbout84-11 - 5-Year Lifeguard Services AgreementRESOLUTION NO. 84 -11 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 13th day of February , 1984. • 1 2 3 4 5 J 71 8', 91 10 11 12; 13! i 14 15! 16i I 17; 18 19 a 21 22 23 24 251 26 271 28 n• a: is This Agreement is made and entered into this day of 1198—, by and between the City of , a municipal corporation, hereinafter Ireferred to as "CITY" and the Orange County Harbors, Beaches and Parks District, hereinafter referred to as "DISTRICT." NIMMAS, the CITY is situated on the coastline of the County of Orange, where many and various persons residing throughout the County of Orange come for jrelaxation and enjo }vent of CITY's beaches, and thereby adding to the burden of CIS'. jproviding lifeguard service on said beaches; and NIfEREAS, CITY's beaches are a recreation resource of CITY, county and !statewide significance; and WhiEREAS, DISTRICT is authorized to provide for recreational facilities a-.3 ,programs of countywide benefit; and WHEREAS, Section 10900 et seq. of the Education Code of the State of California authorizes cities, counties and special districts to enter into agreemc— :s to provide recreation services benefiting residents of the state; and WHEREAS, lifeguard subside to cities is an appropriate cooperative coriminity recreation program under provisions of Section 10900 et. seq. of the Education Code of the State of California.; and WHEREAS, DISTRICT's governing board has determined the Lifeguard Subsidy Program to coastal cities is of general benefit to DISTRICT residents; \OW, THEREFIRE, it is agreed by and between the parties hereto as follow=: 1) CITY agrees to provide lifeguard services at CITY owned or operated public beaches during July, August, September and June for the five fiscal year period commencing with July 1, 1982 and ending with June 30, 198'.. CI1Y further agrees to provide lifeguard services at all other times during this period of said agreement as the need may exist; it being expressly understood the CITY shall resprnd, to the extent of its capability, with qualified personnel to emergency calls therein at any time during said fiscal years. Mug -1- U IT A 1 2 3 4 • 51 61 71' I 8 9 10 11 12 13 14 151 I 16 17 18 191 20 I 21 1 221 23 24 I 25I 26 )2278 0 2) CITY agrees to employ only properly trained and qualified lifeguards land supervisory personnel in the discharge: of its obligations under this agreement. IFor the purpose of this agreement, training and qualifications of lifeguard Ipersonnel 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 shall be available at all times. 4) CITY shall maintain payroll records of all lifeguard employees and Itheir direct field supervisors by name and /or employee number and classification tc 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, MA," 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 preceding fiscal year, except that allocation for agreement years 1982 -83 and 1983 -84 shall be based on actual direct salary costs for .fiscal year 1982 -83. 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 Ipersonnel, only to extent supervisors are required to provide direct lifeguard protection on CITY beaches, supplementary to regularly assigned lifeguard personnel. -2- II l 111 c. Salaries or wages paid to lifeguards for lifeguard protection I' 2;provided on private beaches or upon public beaches under the authority of another I� 3h public agency, may not be claimed for subsidy assistance under this agreement. P 4'1 b) CITY shall submit payroll data for qualifying salaries as provided 5i in Clause 5 to the Director, ENA, within thirty days of execution of this agreement ii 6 for agreement years 1982-83 and 1983 -84, and by August 15 for succeeding agreement 7 i years. 8 i) The Director, DIA, shall review qualifying salary data of CITY anti 9 other participating coastal cities and shall determine CITY's proportional lifeguarJ 10 subsidy allocation accordingly. Prior to such determination, DISTRICT say convene 11 a meeting of representatives of participating coastal cities to jointly review 12; salary data submitted by cities for consistency and reasonableness. 13 -1 8) DISTRICT shall notify CITY in a timely manner of percentage proportion 14 and related allocated amount determined by Director, ENA, to be due to CITY and !i 15' other participating coastal cities, such determination to be considered final. 1611 9) CITY shall submit invoice for allocated amount due to CITY to Director, li 17 F B A, Financial Operations, P. 0. Box 4048, Santa Ana, CA 9M2 -4048. DISTRICT shall ii 18 'make payment to CITY- within thirty days of receipt of invoice. 1911 10) CITY may submit HTitten request and justification to Director, B11, for 20'1 annual adjustment in lifeguard subsidy program amount by March 1; Director, MA, will 21 i1 evaluate CITY justification and may submit a budget request for program funding 22lincrease, provided that such increase may not exceed eight percent for any agree -lent ii 2 l� year. I 24 i. 25 ! 11) Director, MA, shall notify CITY of lifeguard subsidy program amount i '26 requested for following fiscal year budget by June 1, and shall notify CITY of ilannual program budget adopted by Board of Supervisors by September 1, provided that i 28 program amount for agreement years 1982-83 and 1983 -84 respectively is Se48,248. -Z- 0 �I �I II 12) DISTRICT reserves right to change proportional allocation basis among 'I 2 ;coastal cities by Resolution of DISTRICr's governing board, provided that at least 3: thirty days advance notice of any proposed change will be provided to CITY.. 4 i 13) CITY shall indemnify and hold harmless the County of Orange and Orange I S;; County Harbors, Beaches and harks District from all claims for damages arising from 6':the negligent acts or omissions of CITY, its officers, agents or employees in.CITY's 7 ;conducting of lifeguarding services under this agreement. 9 10 i 11 12 13 14 15 17 19 201 21 22'! 23 24'1 25 26111./// 27;! 28 • r 1 0 2 3 41 51 6I I 7! 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 DISTnIC:, and attested,by its Clerk, and CITY has caused this agreement to be executed by its i Mayor, and attested by its Clerk, all therunto duly authorized on the dates set forth opposite their respective signatures. ATTEST: CITY OF Date: SI I' 9 Date; I. 10 ii 12 13 Date: 14' 15:1 SIGN'HD AN'D CERTIFIFD THAT A COPT' OF THIS Dc)m. E\r Ii1S BEEN DELIVERED TO Ii ii TIE CIialP,'%tati OF THE BOARD. is 19 !i June Alexander II Clerk of the Board of Supervisors of 20 Orange County, California ii 2111 22111 Approved as to form: 2311 Adrian Kuyper, County- Counsel 2411 Orange ¢bunt ifornia 25:1 puty — L I; 2611 ► Approved as to form: 27 I 1 28 City Attorney p By: yor By: City Clerk ORkN''GE COUNTY HARBORS, BEACHES S7D PARKS DISTRICT By: E 'l] -S- Chairman of the Board of Sunerviscr- of Orange County acting as the Governing Board of the Orange Count;-- Harbors, reaches and Parks ristrict.