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HomeMy WebLinkAboutResolution No. 1984-11MICROFILI ED 4-15 -85 RESOLUTION NO. 84 -11 A RESOLUTION APPROVING THE CONTRACT FOR SECURITY SERVICES OF CITY OWNED FACILITIES; OUTLINING THE REQUIREMENTS OF THE CONTRACT; AUTHORIZING THE CITY MANAGER TO SELECT CARETAKER FOR THE CONTRACT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has several City facilities which benefit from security services; and WHEREAS, the City wishes to formalize the agreement for those security services, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Facilities Security Services Agreement, a copy of which is attached hereto and make a part hereof by reference, is hereby adopted in the form provided and the City Manager is authorized to select a caretaker for purposes of this agreement. SECTION 2. This Resolution shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th day of April , 1984. �r�/M 'V y a� i r r ter f' Approved,ras "Form: 0 l CAy Attorney NAME JYESt NO CALVERT FISCHETTI NICHOLAS RUTHERFORD WINCHESTER FACILITIES SECURITY SERVICES AGREEMENT THIS AGREEMENT made and entered into this day of 19 , by and between the CITY OF CAPE CANAVERAL, FLORIDA, a political subdivision of the State of Florida, hereinafter referred toas "CITY ",. and .hereinafter referred to as 'CARETAKER ". WITNESSETH: .WHEREAS, a need exists to provide for the safety and security of facilities owned„ leased and operated by the City; and WHEREAS, the City desires to engage the services of the Caretaker for the purpose of providing security at the facility hereinafter described, and WHEREAS, the CITY OF CAPE CANAVERAL, FLORIDA, has determined . that it is in the best interest of the citizens of the City of Cape Canaveral, Florida, to enter into this Agreement with for security services. NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually agreed between the parties as follows: 1. Security Services: The Caretaker, hereby agrees to provide security services for the hereinafter referred to as "facility ". The Caretaker shall make periodic inspections of the facility at such intervals, and in accordance with operating procedures established from time to time by the City Manager or his 'duly authorized representative. The Caretaker shall notify the City Manager of any potentially hazardous condition or any irregularity constituting a safety or security ,risk at the facility as soon as possible after discovery of same. The Caretaker shall notify the Sheriff's Department or other appropriate law enforcement agency immediately upon discovery of any evidence of vandalism, breaking and entering, ATTACHMENT TO RESOLUTION NO. 84-11 PAGE 1 OF 7 speeding or other unlawful activity and thereafter notify the City Manager of same. The Caretaker shall notify, the City Manager in advance of any absence from the facility which . will prevent or interfere with periodic inspections of the facility, or the performance of any duty herein set forth. The Caretaker shall be selected by the City Manager. 2., Caretaker Residence; a. As a condition of this Agreement, the Caretaker is hereby required to reside, at in the mobile home owned by the Caretaker. Such mobile home shall be placed in the area designated by the City Manager. The Caretaker is hereby authorized at his own expense to locate a mobile home on the premises for use as a personal residence. The exact location and the method of securing and blocking said mobile home shall be subject to the approval of the City Manager. The City shall provide for the installation, maintenance, and repair of water, electrical and sewage service up to the point of connection to the mobile home and shall pay for hook up of same. The City shall not be liable for any damage or injury sustained by the Caretaker or any other person resulting from breakage, leakage or obstruction of water, sewer, or soil pipe or other leakage on or about the premises. 'b. , By execution of this Agreement, the parties hereto acknowledge that the Caretaker has deposited with the City the sum of'$100.00'in escrow as a security deposit to guarantee performance by the Caretaker of all of the terms, provisions, conditions, and covenants contained herein. Upon termination of this Agreement, whether by default or otherwise, the City is hereby authorized to retain from said deposit an amount necessary ATTACHMENT TO RESOLUTION NO. 88 -11 PAGE 2 OF 7 no to reimburse same for any expense, damage, cost or other obligation incurred or suffered by the City due to the failure of the Caretaker to keep and perform any or all of the terms, provisions, conditions and covenants contained herein. C. It is hereby specifically agreed, and understood that the only use permitted for the premises is as a personal 'residence for the Caretaker and his immediate family and that any variance in such shall require written consent of the City. 3. Utilities: The Caretaker shall pay utilities including . gas, electricity, light, heat, power and other utility services, including telephone supplied to the Caretaker at the premises. The Caretaker shall, within ten (10) days of the date of execution of this Agreement, obtain telephone service with either a listed telephone number in his own name or other designated listing approved by the City Manager. The Caretaker shall pay all charges for telephone service supplied to the Caretaker at the premises. 4. Repairs and Maintenance: The Caretaker shall be responsible for all repairs and maintenance to the mobile home located on the facility. 5.' Improvements: The plans and specifications for all .improvements, structures, landscaping and facilities, made by the Caretaker on the premises shall be submitted, and approved by the City Manager prior to the construction or installation of such improvement, structure, landscaping or facility. , It is hereby agreed and understood that any building or structure placed or constructed on the premises and permanently attached thereto shall become the property of the City upon the termination of this Agreement. The Caretaker shall not remove any of said buildings or structures and .shall execute any and all papers ATTACHMENT TO RESOLUTION NO. 84 -11 PAGE 3 Or 7 necessary to effect transfer of title to said buildings or structures to the City. 6. Illegal, Unlawful or Improper Use: The Caretaker shall make no unlawful, improper, immoral or offensive use of the premises nor will the Caretaker use the premises or allow the use of the premises for any purpose other than that hereinabove set forth. Failure of the Caretaker to comply with this provision shall be considered a material default under this Agreement and subject same to immediate termination by the City. 7. Indemnification and Insurance: The Caretaker agrees that he will indemnify and save harmless the City from any and all liability, claims, damages, losses, expenses, including attorneys fees, proceedings and causes of action of every kind and nature arising out of or connected with the performance of any duty or obligation herein set forth or with the use, occupation, management or control of the premises or any improve- ments thereto or any furniture, furnishings, equipment and fixtures used in connection with said premises. The Caretaker agrees that he will, at his own expense, defend any and all actions, suits or proceedings which may be brought against the City in connection with the above and satisfy, pay and discharge any and all judgments that may be entered against the City in any such action or proceeding. The Caretaker further agrees to provide and maintain at all times during the terms of this Agreement without cost or expense to the City, policies of insurance generally known as mobile or tenant homeowner's insurance policies with personal liability coverage in an amount not less than $200,000.00 to cover any and all claims connected with any single incident or occurrence. Failure of the Caretaker to provide and maintain ATTACHMENT TO RESOLUTION NO. 84 -11 PAGE 4 OF 7 said policies, of insurance for the duration of this Agreement shall be considered a, material default under this Agreement and subject same to immediate termination by the City. A copy of such insurance policy shall be filed with the City Clerk of the City of Cape Canaveral, Florida within ten (10) days of the date of execution of this Agreement. All personal property, equipment, fixtures, structures, mobile homes or improvements constructed or placed on,orabout the premises shall be at the risk of the Caretaker and the City shall not be liable for any damage or loss, to the Caretaker's personal property, equipment, fixtures, structures, mobile home or ,improvements located thereon for any cause whatsoever. The Caretaker agrees and understands that the City does not and shall not carry liability, fire or theft insurance on any of said items or facilities to cover the Caretaker's interest therein. a. Compliance with Statutes; The Caretaker shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of all ,local, state and federal ,governmental bodies applicable to the premises, recreational facility and any improvements,' structures, or facilities placed, installed, or constructed thereon, including but not limited to all rules and regulations relating to the operation and maintenance of recreation and park facilities. 9. Right of Entry by City; The City and its agents may enter in and on the premises at any reasonable time only for the purpose of inspecting the premises as required by law or by the terms of this Agreement. 10. .'Assignment: The Caretaker, his assigns or rep - resentatives shall not enter into any agreements to delegate any or all of the rights or responsibilities herein set forth without the prior written approval of the City. ATTACHMENT TO RESOLUTION NO. 04-11 PACE 5 'OF,7 I 11. Independent Contractor: The Caretaker shall perform the conditions of this Agreement as an independent con- tractor and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be in any way construed to constitute the Caretaker or any of his agents or employees as the agent, employee or representative of the City. 12. Attorney's Fees: The Caretaker hereby agrees to pay reasonable attorney's fees, court costs, and any other cost of eviction or collection in which the City is successful in a' Court of competent jurisdiction. 13. Termination: This Agreement may be terminated by either party upon thirty (30) days written notice thereof to the other party. Upon, termination of this Agreement, the Caretaker shall surrender the premises in good order and repair,, reasonable use and ordinary ,wear and tear, damage by the elements,' and other casualty for which the City has been reimbursed by insurance, excepted. Should the Caretaker be an employee of the City independent of this Agreement and should the Caretaker be dis- charged from the City for cause, the Caretaker shall take diligent effort to vacate the facility as soon as practical, but no more than thirty (30) days. 14. Special Provisions: The Caretaker shall notify the Wastewater Treatment Superintendent immediately should any alarms sound at the Wastewater Treatment Plant when no operator is on duty. The City shall furnish the Caretaker with an emergency telephone number list for individuals to be contacted under pro- visions of this Agreement. ATTACHMENT TO RESOLUTION NO. 84 -11' PAGE 6 OF 7