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INTERGOVERNMENTAL AGREEMENT RE SAND KEY PARK ~" I I NTERGOVERNMENTAL AGREE~\ENI' BETWEEN PINELLA5 COUNTY BOARD OF COUNTY COl~~\ISSIONETlS AND THE TillS AGREE~IENT is hereby made and entered into this :tit;:! CITY OF CLEARWATER. FLORIDA BOARD OF COUNTY COMMISSIONERS, ~ , 1986. by and between the Plt:ELL1'S COUNTY hereinafter referred to ~s tl10 day of COUNTY. and the CITY OF CLEARWATER. hereinafter referred to as the CITY. WITNESSETH \'JIIEHEAS. the County has acquired real property. known .,5 Sanrl Key Park, for the purpose of ,providing public recreation and hereinafter referred to as the PARK; and \\J1EREAS. the COUNTY has contructed a number of c.:Jpit:.l improvements within the PARK; and \';IIEREAS. for the purposes of this agreement. tbe BE1'.C1\ is defined as that portion of, the PARK extending from the sand wall westward to buoy line, including the safe bathing area and the lifegu.:Jrd room inside the bathhouse; and \':UEREA5. the CITY is willing to provide beach lifegu.:Jn1 an.d . , related services at the BEACH for the health, safety. and welfare of the general public; " NO\~. THEREFORE. in consideration of the mutual obli gations. agreements and undertakings contained herein. the parties covenant and agree as followS: ], The term of this Agreement shall be fro~ October 1, 1985. to September 30, 1986. This agreement shall be automat- ically renewable for subsequent terms of ] year subject to annual appropriation by the COUNTY and th~ p~ovisions of Paragraph 16. Prior to May 1, of each 5~cceedin~ year. the CT"''( will advise'the COUNTy.of thfC anLicipated costs for providing lifeguard and related services for the subsequent year. RECEIVF1Jj CITY Of CLEARWATER FEB 5 1986 HAR80RMASTERS OFfiCE FEe 1 I) 19S6 C iJ " 11 ' ' t ',I A-"" _L,(.,.;.A." l,f(II,/ r (),., " ",. . <' '.' elT): CLEBI( , . .~ /j ,'" J ',,- '/ / .' "'--' ,., r-__ 1 I 2. The CITY agrees to provide beach.lifegu~rd service ~nd through its lifeguards advise users of the beach when they are in violation of the beach rules and regulations, as set forth ih Exhibit~. The CITY further agrees to notify the appropriate COUNTY official when users of the beach continue to violate beach rules and regulations after being warned by beach life<Juards. 3. In addition to the services provided in parn<Jraph 2. above, the CITY, through its beach lifeguards agrees to work in conjunction with other governmental agencies concerning other distress situ~tions that may occur on the beach when CITY'S beach lif~guards are aware of such situations. The CITY further agrees to provide first aid to Park visitors for minor burns, stings, and 4. The CITY will have authority to designate certain heach abrasions. areas for either active or passive recreational activities as long as these areas meet with the ~pprov~l of the Park supervisor. The CITY will provide beach lifeguard services 365 dayS a . 5. year in accordance with the current staffing, hours of operation (9:00 a.m.-S:Oa p.m.) and scheduling co~cepts for Clearwater Deach, which will include but not be limi tcd to: c- a. One year-round leadman bcachguard to supervise daily operational activities. b. Seasonal beach lifeguards: winter (December, January. February) - a minimum of one beach lifeguard. Spring (March, April. May) - a minimum of four beach lifeguards. Summer (June, July, August) - a minimum of seven beach lifeguards. Fall (September. october, Novjmber) - ~ minimum of four be3ch lifeguards. I I c. The performance of the services provicleJ for atiove is subject to existing weather con~itions. Water Safety supervisor may halt such service when. in < The CITY'S his judgment. weather conditions are such to make the work of the beach lifeguards hazardoUs and the bench unsafe for public use. Likewise, the performance of services provided for above is subject to liw.itation5 as may be caused by the availabilities of qualified personnel. However. the CITY will make every effort to keep authorized positions manned for making timely request to the CITY's Personnel Department for qualified replacement when positions become vacant 6. Beachguards employed by the'CITY must possess at least a by resignation or otherwise. current valid American Red Cross Advanced Lifesaver's certificate or the YMCA equivalent and be qualified according to the City of Clearwater's personnel . '. 7. The CITY will provide all existing written documentation regulations. that 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 beach. 8. The COUNTY agrees to pay the CITY for lifeguard and ~elated services the annual'appropriated amount of $83,680.00 for the period October 1. 1985. through Sept~mber 30. 1986. Payments will be made quarterly. beginning December 31. 1985. and will continue for each succeeding quarter as determined by annual appropriation under the rene~able provisions of Paragraph 1. Each subsequent quarterly payment will be made upon receipt of a quarterly invoice. 9. The COUNTY shall provide a telephone for ew.ergency purposes and a secured interior space for storage of lifeguard equipment and personal items. ,}/ J . '. I I 10. No amendments to this agreement will be permit~ed except at the mutual agreement of the parties. II. It is mutually agreed that the CITY will have authority over the,dailY implementation of the bcuch lifeguard service at the Beach; however, authori~y for all other operational matters will rest solely with the Park Supervisor. J2. The CITY is presently protected by a partial self- insurance program augmented by umbrella insurance coverage. The CITY is authorized by law to undertake such a self-insurance program. The parties understand that the CITY will continue to procure insurunce coverage or provide for self-insurance. I). The CITY and COUNTY agree that to the extent provided by law. each will be responsible for the actions and omissions of its agents. officers, and employees. This in no way shall be deemed to waive or modify in whole or in part any sovereign immunity defense, insurance. or right of contribution. nor shall it create any new or additional obligation or liability. ]4. The CITY shall make no permanent alterations or additions to existing facilities provided by the COUNTY without written consent of the COUNTY. and that any 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 ^greement shall not be assigned. 16. This'^greement may be terminated by either party upon the giving of ninety (90) days advance written notice to . the other party. Provided, however, that the termi- nation of this Agreement shall not release the COUNTY of any obligations and/or responsibilities that may have occurred and/or accrued prior to the termination of this ^greement. ~ v . I , J7. Upon the termination or expiratio~ of this ^gr~cment. tl,C CITY will be entitled to a pro rata share of the annuill appropriated amount as set forth within the t.erns of this Jlgreement. IN WITNESS WHEREOF, the parties hereto have caused this IIgrf!,:mcnt to be properly executed and attested to by their n,spcctive authorized officials, all on the day and YCOJr first. ilbo'lC written. ".T'l'EST: pinellas County. OJ political subdivision of the State of KIIRLEEN F. ~~. BLAKER Clerk ' -': ~y: J-k/P~ - Florida, by and through its . Deputy Clerk Board~ com4!7 By: '2"~~~~:AI Chairman ~~ JlTTEST: J.. A C~L:.~ .I~. JL" City Clerk '.- -"" ~--~ O)([))I' ., , ,.,7/ /1 '///"_ JlPPROVED ~S TO FO ~ ~.. Mayor-Commission€r Manilgc-r , County Attorney '" I I EXHIBIT - A BEACH RULES AND REGULATIONS 1. obey lifeguard instructions. 7, Swim within buoys. 3. prohibited swimming near the jetty. 4. place trash in containers. 5. All 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 are prohibited. 10. Nudity and indecent exposure are prohibited. 11. Boats must operate outside b~OYS. 12. I~unching of boats or boards from the beach is pr&hibited. 13, Frisbee and ball playing are restricted to specified areas. . . ,> .. ',,,,-\ ,,;~I"'';#: '" 't -- ""\~I\ ""ir--- ,<...~~~":. ~~, ~~ $t::i _,\.;0-I/~ s=. \ ~("") :!!l't:. __.. ~r-: ~-~~ -- ',. ': e::~ ..f'f'\ ------=_ i:::: 'I \~ -'Cc_ ~\' ~~Ji'''TEn ~\;;,/ --..." ,,~ ,I,j <""",,111 I I C I T Y OF CLEARWATER POST OFFICE BOX 4748 CLEARWATER, FLORIDA 33518 CITY MANAGER July 15, 1985 Copies to: Commission Press Oat'J "f'!"'~ JUL ] 6 Ij;y) I I , I 1 Mr. Fred Marquis Pine lIas County Administrator 315 Court Street Clearwater, Florida 33516 I \ City A.nO,rlle'/ ~ilyC!SI:\ Dear Fred: I received your letter on behalf of the County concerning the 4~ Local Option Gas Tax, I want to commend and congratulate you for working with the Cities to pass and develop the specific projects which will be accomplished due to the cooperation of our local officials. It is my feeling that this particular action will probably have a g~eat impact, as any recent or future decision to be made by our elected officials in the County for the benefit of all citizens. This is clearly an outstanding example of the County and Cities willingness and ability to cooperate on well over 90% of all issues that are raised. It is unfortunate that those issues which may be in disagreement are always brought to the forefront. I commend you for your efforts and also wish to express my appreciation to the County Commission for their actions in making decisions which are going to have major benefits to all. I look forward to working with you in the future. RECEIVED ucille Williams, City Clerk Betty Haeseker, Assistant City Manager Bill Baker, Public Works Director City Commission JUl 1 9 1985 CITY CLERK "Equal Employment and Affirmative Action Employer"