HomeMy WebLinkAboutResolution No. 1984-04iCR0FJLP ED 4 -15 -85
RESOLUTION NO. 84 -4
A RESOLUTION AUTHORIZING THE CITY OF CAPE
CANAVERAL, FLORIDA, TO ENTER INTO AN AGREE-
MENT WITH THE BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA, TO PROVIDE LIFE-
GUARD 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 6th day of
March , 1984.
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Approved as to Form:
NAME WESI NO
CALVERT
FISCHETTI
NICHOLAS
RUTHERFORD
WINCHESTER
I
A G R E E M E N T
THIS AGREEMENT, made and entered into this 5th day of
April , 1984; 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 EREVARD COUNTY, FLORIDA, a'
political subdivision of the State of Florida, hereinafter refer-
red 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 mu-
tually 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 con -
tained, it is mutually agreed between the parties as follows:
1. Term: The County hereby agrees to provide li£eguardser-
vices for that portion of Cape Canaveral beach located at Madison
Avenue, Tyler Avenue and Pierce Avenue and to provide a roving
lifeguard as per Section 3 for the period. commencing April 14,
1984 and terminating midnight September 3, 1984.,
2. Payment: For services provided the City during calendar
year 1984, the sum, of THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00)
,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 person-
nel necessary to provide lifeguard services between the hours of
Attachment to
Resolution No. 84 -4
Page 1 of 3
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. Madison Avenue: within a portion of the beach includ-
ing one hundred twenty -five (125) yards of the waterfront.
D: Tyler 'Avenue: within a portion of the beach includ-
ing 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, weekends only.
Said personnel shall be on duty on weekends for the period com-
mencing April 14, 1984 and terminating September 31 1984.
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 ser-
vices in the affected area for the duration of such condition, inci-
dent 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 agrees to establish and coordinate emergency operations .
and procedures with the .DrevardCounty 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 be-
tween 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 representatives, 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' writ-
ten notice thereof to the breaching party.
Attachment to
Resolution No. 84 -4
Page 2 of 3
MP O T I L P, "E D 4.15.85
6. Notice. Notice under this Agreement shall be given to the
County by delivering written notice to the Administrative Director,
Brevard County Courthouse, 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: dG(�
Val Steele, Chairman
ATTEST
R. C. Winstead, Jr., erk
CITY OF CAPE CANAVERAL, FLORIDA
Ar% ST-',
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k
City Clerk
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Attachment to
Resolution No. 84 -4
Page 3 of 3