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Home My WebLink AboutReso 2002-457 RESOLUTION NO. 2002-.15 '1 A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH THE NEWPORT BEACHSIDE RESORT FOR LIFEGUARD SERVICES AT THE GILBERT SAMSON OCEANFRONT PARK; PROVIDING THE MAYOR WITH THE AUTHORITY TO EXECUTE SAID AGREEMENT; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Newport is responsible for providing lifeguard services at the Pier Park pursuant to a Permit Agreement between the City and the Newport; and WHEREAS, the City is in need of additional lifeguard services at Gilbert Samson Oceanfront Park; and WHEREAS, the Newport has agreed to provide lifeguard services for the City at Gilbert Samson Oceanfront Park, while maintaining lifeguard services at the Pier Park; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISISON OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The Agreement by and between the Newport and the City of Sunny Isles Beach attached hereto as Attachment "A," be, and the same is hereby approved. Section 2. Authority of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the intent of this resolution. Section 4, Effective Date. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 18th day of July, 2 0 . ATTEST; . , . , .~ ~ / . , . '. . :'~'~~~Ll~ . Richard Brown-Morilla, City Clerk Lifeguard Svcs At Oceanfront Park Reso APPROVED AS TO FORM AND LEGA SUFFICIENCY Moved by: c'~~ C:;N'lDM~ Seconded by:C1,~ +(I\U ~Mtt-I\l VOTE AS FOLLOWS: :;....0 ( 0yes ( ~es (~ yes tLdfies (~ yes (_) no (_) no (_) no (_) no . (_) no Mayor Samson Vice Mayor Iglesias Commissioner Ede1cup Commissioner Goodman Commissioner Kauffman Lifeguard Svcs At Oceanfront Park Reso AGREEMENT FOR LIFEGUARD SERVICES REEMENT is made and entered into this J, .3 day of , 2002, by and between the CITY OF SUNNY ISLES BEACH ("City") and NEWPORT ERATING MANAGEMENT CORP. D/B/A NEWPORT BEACHSIDE RESORT, its successors and/or assigns ("Newport"). THIS WHEREAS, the City is in need of additional lifeguard servIces at Gilbert Samson Oceanfront Park; and WHEREAS, the Newport has agreed to provide lifeguard services for the City at Gilbert Samson Oceanfront Park while maintaining lifeguard services at the Pier Park; NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the parties agree as follows; 1. Incorporation of Recitals. The above recitations are true and correct and incorporated herein. 2. Newport Oblieations. Newport shall be responsible for providing certified lifeguard services at the Gilbert Samson Oceanfront Park. Newport shall provide certified lifeguard services at the Oceanfront Park during following hours: 9:00 a.m. to 5:00 p.m. September through Mav and 9:00 a.m. to 7:00 p.m. during June. July and August. The City shall have the right to adjust the operating hours, as it deems necessary, to best serve the interest of the community, within the agreed upon number of operating hours per day stated in the agreement. Newport shall provide verification of certifications upon commencement of service and shall be responsible for the maintenance of such certifications, during the term of this agreement. Newport shall provide the City, on a monthly basis, with rescue reports performed by the lifeguards at the Oceanfront Park stand, during this agreement. 3. City Oblieations. The City agrees to pay Newport $50,000 annually to cover expenses related to providing lifeguard services at the Oceanfront Park. Payment to Newport shall be made on a monthly installment basis at a monthly rate of $4,166.67 Payment shall be provided to Newport at the end of each month, commencing August 2002. 4. Indemnification. Newport, its officers, members and affiliates agree to indemnify and hold harmless the City, its officers, employees and agents from any and all claims, liability, losses and causes of action which may arise out of the negligent actions of the Newport, its employees, lifeguards, agents and officers, arising out of this agreement. The City of Sunny Isles Beach is not obligated to indemnify Newport, its officers and employees in any manner whatsoever for their own negligent acts. 5. Life2Uard Tower. The City agrees to provide an enclosed equipped lifeguard tower. for use of the Lifeguard at Ocean Front Park. Page 1 of 3 SIB Newport-Sib Lifeguard Services Agreement 6. Insurance. Newport shall purchase and maintain at its expense liability insurance coverage in an amount not less than $300,000 per occurrence. The City shall be named as an additional insured under said coverage. In the event that there is an increase in Newport's liability insurance coverage, due to the lifeguard services provided under this agreement, the City agrees to add Newport as an additional named insured under its insurance coverage, solely for the purpose of providing lifeguard services at the Oceanfront Park location. Prior to adding Newport as an additional named insured, Newport shall provide the City with proof of increase to its insurance coverage related to providing lifeguard services described herein. 7. Contract Term. This agreement shall be in effect for a two (2)-year term commencing August 1, 2002. This agreement may be terminated for cause upon (90) ninety days written notice to the other party. This Agreement may be terminated by either party for any reason upon (120) one hundred twenty-days advance notice to the other party. This agreement may also be terminated by mutual consent in writing at any other time. 8. Notice. Where notice is required or permitted under this agreement, it shall be deemed given when given in writing and sent by first class mail, return receipt requested, or delivered in person to the parties at the following addresses: FOR THE CITY: FOR NEWPORT The City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, FL 33160 Newport Operating Management Corp. D/BI A Newport Beachside Resort 3850 Hollywood Blvd, Suite 400 Hollywood, FL 33021 Attention: Christopher J. Russo, City Manager Attention: Dr. Robert M. Cornfeld, The Cornfeld Group 9. Total A2reement. This agreement represents the full and final expression of intent of parties this agreement may not be modified or changed unless by a written agreement executed by the duly authorized representative of the parties. 10. Governin2 Law. This agreement is subject to the laws of the State of Florida. 11. Modification. This agreement may be modified only by an agreement signed and sealed by the parties. 12. Attornevs' fees and costs. The prevailing party shall be entitled to attorneys' fees and costs if litigation is instituted to enforce any provision of this agreement. 13. Severability. Should any provision, paragraph, sentence, word, or phrase contained in this agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida, such provision, Page 2 of 3 SIB Newport-Sib Lifeguard Services Agreement , paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, then same shall be deemed severable, and in this agreement, shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties hereto have-d~ed this Agreement to be executed by their appropriate officials as of the M day of ~_ _:; , 2002. w~~~ ~~~- By: f res ,d..e.. -I- .. -'-" ~ .....!.... 4 (~~.. ~_ :\lest: ..1 \''', . .- .) , :. .~. ", " \.; " J " j ~ ," "',/ :J ;/ .I~:. ./ ....... ~~~ '~.Rich.ard Brown-Mori,11a, City Clerk By: ayor B: TO LEGAL FORM AND '" - '" / Page 3 of 3 SIB Newport-Sib Lifeguard Services Agreement F • FLOR ' C,TY OF SUN PNO City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Christopher J. Russo, City Manager 641(, DATE: July 18, 2002 City Commission David Samson, Mayor Danny Iglesias, Vice Mayor Norman S. Edeleup, Commissioner Gerry Goodman, Commissioner Lila Kauffman, Commissioner Christopher J. Russo, City Manager Lynn M. Dannheisser, City Attorney Richard Brown - Morilla, City Clerk RE: LIFEGUARD SERVICES AT GILBERT SAMSON OCEANFRONT PARK RECOMMENDATION It is recommended that the City Commission adopt the attached resolution entering into an agreement with the Newport Beachside Resort ( "Newport") for the provision of lifeguard services at the Gilbert Samson Oceanfront Park ( "Oceanfront Park "). REASONS The City desires to provide lifeguard services at the Oceanfront Park, in addition to that which the Newport provides at the Pier Park, for the safety of residents and visitors. As we have an existing agreement with the Newport for lifeguard services at the Pier Park, which allows us to move the lifeguards, we contacted them to negotiate an agreement for the provision of additional lifeguard services at the Oceanfront Park. The Newport has agreed to provide said services in the terms and conditions, as outlined in Attachment "A," for $50,000.00 annually. ADDITIONAL INFORMATION Statistics show that individuals needing assistance due to water related incidents /emergencies can be most conveniently assisted by the lifeguard on duty from the center of the beachfront. Specifically, rescue services are extended primarily from the Ramada to the Pier Park. Also, having a lifeguard at the Oceanfront Park may help to lighten the service calls to our police department, with respect to the water related activities at the Oceanfront Park. CJR /pw Agenda Item Lifeguard Services At OF P Agenda INIcmo Date