HomeMy WebLinkAboutResolution No. 1986-17MICROFILMED AUG 87
RESOLUTION NO. 86 -17
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 C��_ty of Cape Canaveral,
Florida, this 18th day of March , 1985.
Attest:
ty C:3e ;r j <.
Approved as to:Form:
City z ney
Mayor
NAME I YES I NO
FISCHETTI X
LEE x
MARCHETTI X
NICHOLAS x
WINCHFCTFp x
AGREEMENT
THIS AGREEMENT, made and entered into this 8th day of April
„ 19_26 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 sub-
division of the State. of Florida, hereinafter referred to as "County'.
WITNESSE.TH
WHEREAS, the City is desirous of obtaining the services of the
County in providing Qualified personnel for lifeguards at designated
recreational..facilitiesj 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, inconsideration of the covenants herein con-
tained, it is mutually agreed between the parties as followas
1. TERM& The County hereby agrees to provide lifeguard ser-
vices for that portion of Cape ,Canaveral beach located at Madison
Avenue, Polk Avenue and Pierce Avenue and to provide a roving
lifeguard as per Section '3 for the period commencing March 22,
1986 and terminating midnight September 1, 1986,
2. PAYMENT: For services provided the City during calendar.
year 1986. the sum'. of Three Thousand Four Hundred Dollars and No
Cents (53,400.00) shall be due and payable in .accordance with
billings submitted by the County.
3., SERVICESs The County hereby agrees to provide all personnel
necessary to, provide lifeguard services between the hours of 10&00
a.m. and 4s30 p.m. or at such other times mutually agreed upon by
both parties within the following areas*
A. Madison Avenues within a portion of the beach includ-
ing one hundred twenty -five (125) yards of the waterfront..
B. Polk Avenue, within a portion of the beach includ-
ing onv hundred twenty -five (125) yards of the waterfront..
C. Pierce Avenuee within a portion of the beach includ-
ing one hundred twenty -five yards of the waterfront.'
Said personnel shall be. on duty on weekends and holiday* for
the period commencing March 22, 1986 and terminating midnight
September 1, 1986, and &hall be an duty daily at the Madison Avenue
and Polk Avenue site beginning June 9,r 1966 and terminating mid-
night August 30, 1986.
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 life-
guard services in the affected area for the duration of such con-
dition, 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 services herein'set forth. The City
hereby agrees 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 bet-
ween the permanent stations, act as backup to other lifeguard&. and,
to the extent possible, patroi the areas outside the designated
lifeguard stations.
1. 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. TERMINATIONt 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 Courthouse, Post Office Box 1496, Titusville,
Florida.' 32780, and notice shall be ,given to the City by deliver-
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MICROFILMED AUG 87
ing 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.
STATE Ot F'.OM4A
COUNTY OF BRL,AgE)
This Is to certify that the furag'ja' Is •
true it Correct copy of_�=
G'Yl.t? -✓� witnus my hs,d
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feud official seal �day of
w,ir�a ;vJ It—Ee_
L G, WiNSTEAD, JR
Gle1't Gucult Court
ac
u,
ATTEST:
R. C. Winstead, Jr., lerk
ATTEST: ;1
Janet S. Leeser, City Clerk
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
BY:
Thad Altman, Chairman
CITY OF CAPE CANAVERAL
FLORIDA
11 --- . -/� 0�
BY:
Patrick L. Lee, Mayor