HomeMy WebLinkAboutResolution No. 1991-09RESOLUTION NO. 91 -9
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, 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 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 take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 5th day of March , 1991.
ATTEST'
ity (;Nq&�krL
Approved' as to Fyorm:
(� (/� ELI
M or
NAME
YES
NO
KEDZIERSKI
x
PORTER
x
RANDELS
x
SA LAMONE
x
THURM
x
Brevard County #.6402 -1 -91 -122
A G R: E E M E N T
THIS AGREEMENT, made and entered into this 2nd day of
Apri 1 , 19 91 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:
1.1 TERM: The County hereby agrees to provide lifeguard
services for that portion of Cape Canaveral beach located at
Madison Avenue, Polk Avenue and Buchanan Avenue and to provide a
roving lifeguard as per Section 3 for the period commencing
March 23, 1991, and terminating 4:30 p.m. September 2, 1991.
2. PAYMENT: For.services provided the City during calendar
year 1991, the sum of Seven Thousand Seven Hundred and Seventeen
Dollars and Nineteen Cents ($7,717.19) 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
Revised 3 -28 -88 1 Attachment to:
Resolution No. 91 -9
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. Buchanan 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 23, 1991 and terminating at 4:30 p.m.
on September.2, 1991, and shall be on duty daily at the Madison
Avenue, Polk Avenue, and Buchanan Avenue sites beginning June 3,
1990,.and terminating 4:30 p.m. August 30, 1991.
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 of, the rights or
responsibilities herein set forth, without the prior written
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approval of the other party.
5. INDEMNIFICATION AND INSURANCE:
indemnify and. hold each other harmless
acts or.omissions..to include all claims,
resulting or arising from this Agreement
6. TERMINATION:. Violation of any
-Each party agrees to
for its own negligence,
costs, defense and fees
as forth herein.
of the provisions of this
Agreement shall result in its termination upon .seven (7) days'
written a
. notice thereof to the breaching prty.
7.. NOTICE Notice under this Agreement - shall.be given to
the County by delivering written -notice to the Office of the
County Administrator, Building C', 2725 St; Johns Street
Melbourne,�-Florida 32940;.and notice shall. be given - to'the City'
by delivering .written notice .to -the City Manager., City of Cape
Canaveral Municipal Building, 10.5 Polk. Avenue, Cape..Canaveral,-
Florida 32920.
8. OPTION TO RENEW: It is hereby mutually agreed and
unders -tood 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 t.o-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 C UNTY CO MISSIONERS OF.
BR -EVARD C NTY, FIVDRIPA
By.:.,
9b e Schmi t, Chairman
.ATT T : -
'' ?AT E•GF Fy:f% !DA` '
cuuMIT'61. 6111 ARD a rnon'd 'C.. Winstead, .Jr. , ' Clerk
ThN1:I. •Ioa, aiA11n Hst' the fti.egAng �.6. i
b" a ` °^rd `°Op" CITY OF CAPE CANAVERAL, ''FLORIDA
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1. VINS
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