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SAND KEY PARK r:" IINTERGOVERNMENTAL AGREEMEN: \1 BETWEEN PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS AND THE CITY OF CLEARWATER, FLORID~ TillS J\GREEHENT is hereby made and entered into this ;![U! d.1Y of 130i\RD OF COUN'l'Y COMMISSIONERS, hercinafter referrcd to ilS t.1lt' ~ , 1986, by and between the pn:CLl.l\S COUNTY COUNTY, and the CITY OF CLEARWATER, hereinaftcr referred to "5 the CITY. WITNESSETH \'JlIEHF.AS, the County has acquired real property, known <IS S(1n(l ~ey Park, for the purpose of ,providing public recreiltion and hereinilfter rcferred to as the PARK; and \-vIlF.REAS, the COUNTY has contructed a numbe r 0 f Ca pi t~l improvements within the PARK; and \";IIEREAS, for the purposes of this nCJreement, tbe I3El'.CII is defined as that portion of the PARK extending from the snno wall we5tw~rd to buoy line, including the snfe bnthing arc~ an~ the lifegu~rd room inside the bathhouse; and \':lIEREAS, the CITY' is willing to provide beach lifcguan1 <In,o relatcd services at the BEACH for the health, safety, an~ . . welfarc of the general public~ ~ NOH, THEREFORE, in consideration of the mutt:al obligations, agrecments and undertakings contained herein, the parties c.ovcr.i'lnt and agree as follows: 1. The term of this Agreement shnll be fro~ October 1, 1985, to September 30, 1986. This agreement shnlJ be nutomat- ical1y renewable for subsequent terms of ) YCilr subject to annual appropriation by the COUNTY anl1 th~ p~0visions of p<1ragraph l6. Prior to May 1, of each ~~cccedin~ year, the CT'f'Y will advisc' the COU~TY ,of the: ant.ici pated __r-~~ fnr nrovi~ing lifegunrd and related services for I il 11 2. The CITY agrees to provide beach'lifeguord serviee ond through its lifeguards advise users of the beach when they are in violation of the beach rules nnd regulations. as set forth in Exhibit J\. The CITY further agrees to notify the appropriate COUNTY officinl when users of the beach continue to violote bench rules and regulations after being warned by beach lifeguards. 3. In addition to the services provided in Par,'gri'ph 2, above. the CITY. through its beach lifeguards agrecs to work in conjunction with other governmentill agencies concerning other distress situ~tions th~t mny occur on the beach when CITY's beach lifeguards are aware of sueh situations. uid to Park visitors for minor burns, stings, and The CITY further ~grecs to provide first abrasions. 4. The CITY will have authority to designate eertain heach areas for either active or pa~sive recreational activities as long as these areas meet with the approval 5. The CITY will provide beach lifeguard services 365 days a . of the Park supervisor. year in accordance with the current staffing. hours of operation (9:00 a.m.-S:OO p.m.l and scheduling concepts [orClenrwater Beach, which will include but not be limi tcd to: c- a. One year-round leadman beaehguard to supervise daily operutional activities. b. Sensona1 beach lifegunrds: winter (December, January, February) - a minimum or one bench lifeguard. Spring (March, April, May) - a minimum or four bench 1ifpouards. _ _ c.. Ii" ~' , I :1 'I c. The performance of the services provided (or illJove is subject to existing we~ther conuition~. Thp. C1TY's Water Safety Supervisor may halt such service when, ln his judgment, weather conditions ~re such to m~ke the work of the beach lifeguards h~zardous und the bc~ch unsafe for public use. Likewise, the perform~nce of services provided for above is subject to limltDtions ilS may be caused by the nvai1abilities of qUDJificd personnel. However, the CITY will make every effort to keep authorized positions munned for m~king tin\cly request to the CITY's Personnel Depurtment for qualified replacemcnt whcn positions become vac~nt by resignation or otherwise. 6. Benchguards employed by the:CITY must possess Dt le~st a current valid American Red Cross Advanced Lifesaver's certificnte or the YMCA equivalent nnd be qualified nccording to the City of Clearwater's personnel regulations. . " 7. The CITY will provide all existing written docum~ntation thnt is not confident by statute to the COUNTY that .would enable the COUNTY to defend any action relating to injury and property damages or to prosecute criminal v~olations that may have occurred on the bench. 8. The COUNTY agrees to pay the CITY for lifeguDrd and lelDted services the nnnu~l'appropriated amount of $83,680.00 for the period October 1, 1985, through Sept~mber 30, 19B6. Paymcnts will be made quarterly, beginning December 31, 1985, and will continue for each succeeding qunrter as determined by nnnunl appropriDtion under the r~ne~able provisions of Paragraph 1. Each subsequent quarterly payment will be mnde upon receipt :' f ~ \ I I ]0. No amendments to this agreement will be permitted except ~t the mutual agreemcnt of the parties. ]1. It is mutually agreed that the CITY will have authority over the,daily implementation of the bCilch lifeguard service at the Derich; however, authorit.y for ~ll other opcrational matters will rest solely witl, thc Park Supervisor. ]2. Thc CITY is presently protected by a partial se1f- insurance program augmented by umbrella insurunc~ coverage. The CITY is authorized by law to undcrtake such a self-insurance program. The parties undcrstand that the CITY will continue to procure insuruncc coverage or provide for self-insurance. I). The CITY and COUNTY agree that to the extcnt provided by law, each will be responsible for the actions nnd omissions of its ngents, officers, and employees. This in no way shall be deemed to waive or modify irl whole or in part any sovereign immunity defense, insurance, or right of contribution, nor shall it create any new or additional obligation or liability. 14. The CITY shall make no permanent alterations or additions to existing facilities provided by the COUNTY without written consent of the COUNTY, and that ~ny approved alterations or additions will become the property of the COUNTY upon termination of this Agreement. 15. The duties and obligations of the CITY under this Agreement shall not be assigned. 16. This'Agreement may be terminated by either party upon the giving of ninety (90) days advance written notice to the other pnrty. ~ Provided, however, that the termi- nation of this Agreement shall not release the COUNTY of any obligations and/or responsibilities that may have I, I' 1 II I J 7 . Upon the terminntion or expiration of this AgrE'ement, the CITY will be cntitled to a pro rata shure of the .:lnnuul appropriated amount as set forth within th<: t.erns of this Agreement. IN WITNESS WHEREOF, the parties hereto have ccJuscd tllis ^gre<:ment to be properly executcd and attested to by tlleir r(~spcctive authorized officials, all on the d3Y and ye.:lr fir~t .1bove written. l"T'rEST: Pinellas County, a political subdivision of the Stilte of t:M~Lr.EN F. 'DE, BLAKER Clerk ' ", ~y: A-I(#iuC - Floridn, by and through its Deputy Clerk Board~. coun.t Commiss~~ ~2 z;:2~ By : ~- J' ,0/ '~('r~."'1 - ..,..-.'''''- - ./ '';--'] Chairman ~--./ J\1'TEST: A Q~~:.~ . .~-"--- City Clerk ;' Mayor-Commission~r ~ 7 R;-' I -, " , ;:-, ,/! ^PPROVED ~S TO FO ~ Man&lCJ{"r , County Attorney c.. I I I 11 \ \1 EXHIBIT - A BEACH RULES AND REGULATIONS 1. Obey lifeguard instructions. 7. Swim within buOYS. 3. prohibited swimming near the jetty. 4. plilce trash in containers. 5. JIll drugs. alcoholic beverages. surfboards. skimmers. fires. grills. glass containers. and pets are prohibited. 6. Surf fishing is prohibited. 7. Rough play is prohibited. 8. Vehicles (cars. bicycles. mopeds. etc..> are prohibited. 9. public soliciting, promoting surveys or sales nre . . prohibited. 10. Nudity and indecent exposure are prohibited. 11. Boats must operate outside b~oyS. J2. I.ounching of boats or boards from the beoch is pr6hibited. 13. Frisbee and ball playing are restricted to specified oreas.