HomeMy WebLinkAboutResolution No. 1988-12 MICROFILMED JUNE 89 1
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RESOLUTION 88-12 77
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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 immediate-
ly upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida this 15th day of March , 1988.IF
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A G R E E M E N T
THIS AGREEMENT, made and entered into this day of
March 1 1988, 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
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, 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 follows:
1. TERM: 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 March
26 1988, and terminating 4:30 p.m. September 5, 1988.
2. PAYMENT: For services provided the City during calen-
Five-Thousand Four Hwx1red Dollars ($5,400.00) (�jC
der year 1988, the sum of 3:even-T-heusand, Gne-Hundred Thirty-nine '� I
Del-lars -and-Simby-Seve;f Geste-($7-,13.9 63) -shall be due and pay-
able in accordance 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 of the 'receipt of same by .the City.
3. SERVICES: The County hereby agrees to provide all
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personnel necessary to provide lifeguard services between the
hours of 10:00 a.m. and 4:30 p.m. or at such other times mutually
agreed upon by both parties within the following areas:
A. Madison Avenue: within a portion of the beach in-
cluding one hundred twenty-five (125). yards of the waterfront.
B. Polk Avenue: 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 March 26, 1988 and terminating at 4:30 p.m.
on September 5, 1988, and shall be on duty, daily at the Madison
Avenue and Polk Avenue sites beginning June 8, 1987 and terminat-
ing 4:30 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 areae outside the desig-
nated lifeguard stations.
4. ASSIGNMENTSt 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
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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 County Ad-
ministrator, 2235 N. Courtenay Parkway, Merritt Island, Florida
32953, and notice shall be given to the City by delivering writ-
ten 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
BREVARD. COUNTY, FLORIDA
BY: . ..
Sue E. Schmitt, Chairman
ATTEST:
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CITY OF CAPE CANAVERAL
FLORIDA,.,-�
BY
ATTEST:
Depu ty Clerk
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