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HomeMy WebLinkAboutResolution No. 1990-20RESOLUTION NO. 90 -20 A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PROVIDE LIFEGUARD SERVICES FOR THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFEC- TIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, 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 services 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 take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of March , 1990. Atte,st�a ` C y Clerke'�- Approved ., as to "'F •.x a ON UT,iYOr Pro Tem ARABIAN PORTER RANDELS THURM I X NO Brevard County 4'02' -2 -90 ='122 A G,R E E;M.E- N T. THIS AGREEMENT, made and entered . into this 3r, day of April 1990 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-..1, 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 31,.199.0, and terminating 4:30 p.m. September 3, 1990. 2. PAYMENT: For services provided the City during calendar. year 1990; the.sum of Seven. Thousand Five Hundred and Eighty -two Dollars and Ninety -nine Cents ($7,582.99) 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 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 Revised 3- 28'-88 1 1r 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 31, 1990 and terminating at 4:30 p.m. on September 3, 1990, and shall be,on duty daily at the Madison Avenue, Polk Avenue, and Pierce Avenue sites beginning June 4 1990, and terminating 4:30 p.m. August 31; 1990. 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. 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 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 o.f the rights or responsibilities herein set forth without the prior written approval of the other party. Revised 3- 2.8. -88 2 �5. INDEMNIFICATION AND INSURANCE: Each p arty agrees to indemnify and hold each other harmless for its own negligence, acts or omissions to include all claims, costs, defense and fees resulting or arising from this Agreement as set forth herein. 6. 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. 7. 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. 8. OPTION TO RENEW: It is hereby mutually agreed and understood that the Organization shall have the option to request renewal of this Agreement for additional one (1') year terms upon written notice to the County received at'least thirty (30) days prior. to the date of termination-.of the current term. The Agreement may then be renewed for an additional one (1) year term upon written notice being delivered by the County to the.City. 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: Carol Serene, Chairman ATTES -Raymond C. Winste , Jr., Clerk CITY OF CAPE CANAVERAL, FLORIDA By: yell � _ _ WITNESSES: /0 Mayor Pro Tem � � k 1 + /STATE OF COUN�TY OF BREVA0 }r k' S ' lh�lt`li�torr o�rtHv'�tt'f-�hefa�r�°{ roggGjQkig mV}r;,h�pA ru i �o clal reel _ 1 c `dey' 00 s; 'y Revised 3 -28 -88 3 � Gerk =' r Coyr1 CAPE CANAVERAL ANTICIPATED COST OF 1990 LIFEGUARD PROGRAM 1. •WEEKENDS AND HOLIDAYS,, March 31 - Sept. 3, 1990 (48 days) On tower 10:00 a.m. until 4:30 p.m. 1,/2 hr. for reporting, setting up, etc. Total: 7 hrs. per A..Madison Avenue 1 Guard, 1 Tower Total of 336 manhours @ $6.75/hr. $ 2,268.00 B. Polk Avenue 1 _Guard, 1 Tower Total of 336 manhours @ $6.75/hr. $ 2,268.00 C. Pierce Avenue 1 Guard, 1 Tower Total of 336 manhours @ $6.75/hr. $ 2,268.00 D. Rover 1 Guard Total of 336 manhours @ ,$6.75 /4r $ 2- ,268.00 E. Captain II 1 @ 50% cost of Total of 336 manhours @ $7.75/hr. $ 1,302.00 F. Supervisor 1 @ 330 cost of Total of 336 manhours @ $8.37/hr. $ 928.07 TOTAL WEEKENDS' -AND HOLIDAYS $11,302,.07 2. WEEKDAYS; June 4 - August 31, 1990'(65 days) On tower 10'-c00 a.m. until 4:30 p.m'.. 1/2 hr. for reporting, setting up, etc. Total.: 7 hrs. per day A. Madison Avenue 1 Guard; .1 Tower Total of 455.manhours;@ $6.75/hr. $ 3,071.25 ' B. Polk, Avenue 1 Guard, 1 Tower', Total of 4155 manhours @.$6, .'75 /hr. $ 3,071.25 C. Pier-c.e.Avenue 1 Guard, 1 Tower Total of 455 manhours @'.$6.75/hr. :$ 3,071.25 D. Rover 1 Guard Total of 455 manhours @'$6.75/hr.' $ 3,071.25 E. Captain II 1 @ 50 %. of Total °of 455 manhours @ - $-7.75/hr. $ 1,763.13 F. Supervisor 1 at 33% cost of Total of 455 manhours @ $8.37/hr. $.1,256.76 TOTAL WEEKDAYS: $15,304.89 Plus Total Weekends and Holidays $11,302.07 TOTAL OF CAPE CANAVERAL: $26,606.96 TOTAL COST TO.BE PAID BY THE CITY OF CAPE CANAVERAL @ 3.0% LESS 5% RAINOUT VARIABLE: $ 7,582.99 Revised 3 -28 -88 4