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HomeMy WebLinkAboutResolution No. 1987-16 MICROFILMED JUNE 89 RESOLUTION NO. 87-16 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: I!! SECTION 1. The Mayor and City Clerk are hereby authorized to execute an agreement with the Board of County Commissioners of I 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, 4 Florida, this 17th day of March , 1987. —I) ai ' Mayor `lode o`` f " 14f: a , Attest r F NAME YES NO j HOOG X d!, �/ .(L..L.., ? • ' - 4 Y.I DD X q�ty, Olerk - 4Iz , sisoeo.° �"r, . LEE X Apprgcl 44'to. Form: MARCHETTI X I.11.- I/WM Ilk ty Att.rn- _ 1 ? .... 41 16 ... A G R E E M E N T THIS AGREEMENT, made and entered into this _ day of 1987, 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." W I T N E S S.E T H a. WHEREAS, the City is desirous of obtaining the services of the County in providing qualified personnel for lifeguards at designated recreational facilitiesn and WHEREAS, the provision of such services by the County will mutually benefit the parties hereto and the residents of Brevard County, Floridan and WHEREAS, the County may provide parks, preserves, recrea- tion areas and other recreation facilities pursuant to the provi- sions 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 follOwst 1. TERMS The County hereby agrees to provide lifeguard services 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 April 11, 1987 and terminating 4330 p.m. September 7, 1987. 2. PAYMENTt For services provided the City during calen- dar year 1987, the sum of Five Thousand One Hundred Fifty -One Dollars and Ninety -Two Cents shall be due and payable in accord- ance with billings submitted by the County. Payment of all bills submitted by the County for the serv- ices herein set forth shall be due and payable within fifteen (15) days ofthe receipt of same by the City. 3. SERVICESt The County hereby agrees to provide all 1 1 personnel necessary to provide lifeguard services between the hours of 1Os00 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 in- cluding one hundred twenty-five (125) yards of the waterfront. B. Polk Avenues within a portion of the beach in- cluding one hundred twenty-five (125) yards of the waterfront. Said personnel shall be on duty weekends and holidays for the period commencing April 11, 1987 and terminating at 400 p.m. on September 7, 1987, and shall be on duty daily at the Madison Avenue and Polk Avenue sites beginning June 8, 1987 and terminat- ing 4s30 p.m. September 7, 1987. 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 services herein set forth. The City hereby agrees to establish and coordinate emer- gency operations and procedures with the Brevard County Sheriff's Department and fire control services for responding to emer- gencies occurring at the beach or recreational facilities ad- jacent 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 desig- nated lifeguard stations. 4. ASSIGNMENTS: Neither the City nor the County, its as- signs or representatives, shall .enter into any agreement with third parties to delegate any or all of the rights or respon- sibilities herein set forth without the prior written approval of 2 the other party. 5. TERMINATION: Violation of any of the provisions of this Agreement shallresult 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 County Ad- ministrator, Brevard County Courthouse, post office Box 1496, Titusville, Florida, 32781, 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.