HomeMy WebLinkAboutResolution No. 1988-18 MICROFILMED JUNE 89
RESOLUTION NO. 88-18
A RESOLUTION REPEALING RESOLUTION NO.
88-12 , AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE REVISED AGREEMENT
WITH THE BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY FLORIDA FOR LIFEGUARD
SERVICES; PROVIDING AN EFFECTIVE DATE.
WHEREAS , Brevard County has submitted a revised agreement
for Lifeguard Services;
NOW, THEREFORE, 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 the revised agreement with the Board of County
Commissioners of Brevard County, Florida , to provide lifeguard
services for the City of Cape Canaveral, Florida, a copy of said
agreement being attached hereto and made a part hereof by refer-
ence.
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 5th day of April , 1988.
AilP / if /
Mayor
c,•Fi NAME YES NO
6ATTEST: Hoot
KIDD X
LEE X 1 --
ty Clerk ( MILLER X
�L X i
RANDELS
App yecl..as to Form:
e ,%1
3>}x,
ity Atto I'
A G R E E M E N T
THIS AGREEMENT, made and entered into this 3rd day of
May , 1988 , by and between the CITY OF
CAPE CANAVERAL,FLORIDA, 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 subdivision 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
Madison Avenue, Polk Avenue and Pierce Avenue 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 calendar
year 1988, the sum of Five Thousand Four Hundred Dollars
($5,400.00) shall be due and payable in accordance with billings
submitted by the County.
Payment of all billssubmitted by the County for the
services herein set forth shall be due and payable within fifteen
(15) days of the rpceipt of same by the City.
3.SERVICES: The County hereby agrees to provide all
the
personnel necessary to provide lifeguard services between
Revised 3-28-88 1
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
including one hundred twenty-five (125) yards of the waterfront.
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 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, Polk Avenue, and Pierce Avenue sites beginning June 6,
1988, and terminating 4:30 p.m. September 5, 1988.
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
emergency operations and procedures with the Brevard County
Sheriff's Department and Fire Control Services for responding to
emergencies occurring at the beach or recreational facilities
adjacent thereto.
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'
written notice thereof to the breaching party.
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r I
MICROFILMED JUNE 89
6. NOTICE: Notice under this Agreement shall be given to
the County by delivering written notice to the Office of the
County Administrator, 2235 N. Courtenay Parkway , Merritt Island,
Florida 32953 , 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.
GATE OF FLORIDA,
LOUNTY Of BREVARD BOARD OF COUNTY COMMISSIONERS OF
This t4 to certify the, the foreo taq h BREVARD COUNTY, FLORIDA
true & correct copy of A9r,ee.meYt_,.
_ wiia4,v ref Haas /
And official 44,,11 tlsi4_ a1I,rl
BY: ./ AL-At AA//i
Sue Schmitt , Chairman
R.'C. Wlo�s4,A, JT
C44r Court
T
Raymond C. Winste , Jr. , Clerk
CITY OF CAPE CANAVERAL, FLORIDA
/
By: 1
WITNESSES: 4rr
Revised 3-28-88 3