HomeMy WebLinkAboutResolution No. 1985-15A MICROFILMED AUG 87
RESOLUTION NO. 85-15A
A RESOLUTION AUTHORIZING THE CITY OF CAPE
CANAVERAL, FLORIDA, TO ENTER INTO AN
AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA, TO PROVIDE LIFEGUARD
SERVICE FOR THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of
Cape Canaveral, Florida, as follows:
SECTION 1. The Mayor and City Clerk are hereby
authorized to execute an agreement with the Board of '
County Commissioners of Brevard County, Florida, to provide
lifeguard service for the City of Cape Canaveral, Florida,
a copy of said agreement being attached hereto and made a
part hereof by reference.
SECTION 2. This Resolution shall become effective
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 5th day of March , 1985 .
8
/ de; ,; _ '!7 -.,0
L Mayo,:
Pr
µ,��ern '. {``ofi'
0,/,:te.42.,&L/
NAME
ty Clerk rt$l HETTI
MARCAETTI ■
Appro d as t Fc m:
NICHOLAS Ell
KUTHERFORD Ell ,••
�� WINCHESTER X t
IF Attorney
A G R E E M E N T
-
. THIS AGREEMENT, made and entered into this 8th day of Apri1
1985, by and between the CITY OF CAPE CANAVERAL, a municipal corporation existing
_ under the laws of the State of Florida, hereinafter referred to as "City", and
the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdi-
vision of the State of Florida, hereinafter referred to as "County
W I T N E S S E T H:
• WHEREAS, the City is desirous of obtaining the services of the County in
providing qualified personnel for lifeguards at designated recreational facilities;
and
WHEREAS, the provision of such services by the County will mutually benefit
the parties hereto and the residents of Brevard County, Florida; and
WHEREAS, the County may provide parks, preserves, recreation areas and other
recreation facilities pursuant to the provisions ,of Section 125.01 (1)(f), Florida
Statutes.
NOW, THEREFORE, in consideration of the covenants herein contained, it is
mutually agreed between the parties as follows:
1. Term: The County hereby agrees to provide lifeguard services for that
portion of Cape Canaveral beach located at Monroe Avenue, Polk Avenue and Pierce
Avenue and to provide a roving lifeguard as per Section 3 for the period commencing
M3rOh 30, 1985 and terminating midnight September 2, 1985
2. Payment: For services provided the City during calendar year 198f, the
sum of THREE THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ($3,200.00) shall be due
and payable in accordance with billings submitted by the County.
Payment of all bills submitted by the County for the services herein set forth
shall be due and payable within fifteen (15) days of the receipt of same by the
city_
3. Services: The County hereby agrees to provide all personnel necessary to
prove lifeguard services between the hours of 10:00 a.m. and 4:30 p.m. or at
such other times mutually agreed upon by the parties within the following areas:
A. Monroe Avenue: within a portion of the beach including one hundred
twenty-five (125) yards of the waterfront.
(R 0 ' ELM AUG 7
B. Polk Avenue: within a portion of the beach including one hundred
twenty-five (125) yards of the waterfront.
C. Pierce Avenue: within a portion of the beach including one hundred
twenty-five (125) yards of the waterfront.
Said personnel shall be on duty on weekends for the period commencing
March 30, 1985 and terminating September 2, 1985
and shall be on duty daily at the Monroe Avenue and Polk Avenue site beginning
June 10, 1985 and terminating midnight September 2, 1985.
The parties hereby mutually agree and understand that in the event of inclement
weather or any other incident or occurrence which, in the opinion of the County,
requires the closing of all or part of said beach for the protection of the public,
the County may, in its sole discretion, discontinue all or part of its lifeguard
services in the affected area for the duration of such condition, incident or
occurrence. The County hereby agrees to cooperate fully with the City in all
matters relating to the safety of said beach and the performance of the terms of
this Agreement and to provide all equipment for the performance of services herein
set forth. The City hereby agress to establish and coordinate emergency operations
and procedures with the Brevard County Sheriff's Department and fire departments
for responding to emergencies occurring at the beach or recreational facilities
adjacent thereto.
The roving lifeguard shall serve as means of communication between the
permanent stations, act as backup to other lifeguards, and, to the extent possible,
patrol the areas outside the designated lifeguard stations.
4. Assignments: Neither the City nor the County, its assigns or representa-
tives, shall enter into any agreement with third parties to delegate any or all of
the rights or responsibilities herein set forth without the prior written
approval of the other party.
5. Termination: Violation of any of the provisions of this Agreement shall
result in its termination upon seven (7) days' written notice thereof to the
breaching party.
6. Notice: Notice under this Agreement shall be given to the County by
delivering written notice to the Administrative Director, Brevard County Court-
house, Post Office Box 1496, Titusville, Florida 32780, and notice shall be given
to .the City by delivering written notice to the City Manager, City of Cape .
Canaveral municipal Building, 105 Polk Avenue, Cape Canaveral, Florida, 32920.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
BY: 11.A . r
Sue Schmi t,
ATTEST:
j/f o
R. C. Winstead, Jr. , C1e
CITY OF CAPE CANAVERAL, FLORIDA
t/ / 1
BY A!J 45L4,
ATTEST:
II
STATE or FLORIDA
COUNTY OF BREVARD
This ts to certify that the foregoing M M
true & correct cop of
witness my ham;
and official Teal this_�� day of
6LV� X`"-, 19 YS/
R. C. WINSTEAD, W.
Clerk Clr • Court
RY