HomeMy WebLinkAboutResolution No. 1979-09 MICROFILMED 4-11-80
RESOLUTION NO. 79-9
A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL,
FLORIDA,.TO ENTER INTO AN AGREEMENT WITH THE BOARD
OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA,
FOR LIFEGUARD SERVICES ; 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
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execute an Agreement with the Board of County Commissioners of Brevard
County, Florida, for the provisionEof lifeguard services to the City, a copy
of which agreement is attached hereto and made part hereof.
SECTION 2.. This resolution shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral, Florida,
this 21 day of March , 1979.
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AGREEMENT MICROFILMED 4-11-80
THIS AGREEMENT, made and entered into this Ot_h day of
i.Maypf ..t J , 1979, 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
subdivision of the State of Florida, hereinafter referred to as
"County" .
WITNESSETH :
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
service for that portion of Cape- Canaveral Beach located at
Washington Avenue, Harrison Avenue, Polk Drive, and Coral Avenue
and to provide a roving Lifeguard Supervisor as per Section 3 for
the period commencing April 7, 1979 and terminating midnight
September 3, 1979.
2. Payment: For services provided the City during calendar
year 1979, the sum of THREE THOUSAND DOLLARS AND NO CENTS ($3, 000)
shall be due and payable in accordance with periodic billings sub-
mitted by the County equally pro-rated over the term hereof.
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• M I CR pf AWED 4-11-80
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 date of receipt of same by the City.
3. Services: The County hereby agrees to provide all
personnel necessary to provide lifeguard service between the
hours of 10 :30 a.m. and 4: 30 p.m. or at such other times mutually
agreed upon by the parties within the following areas:
A. Washington Avenue: within a portion of the beach
including one hundred twenty-five (125) yards of the waterfront.
B. Harrison Avenue: within a portion of the beach
including one hundred twenty-five (125) yards of the waterfront.
C. Polk Drive: within a portion of the beach including
one hundred twenty-five (125) yards of the waterfront.
D. Coral Avenue: within a portion of the beach including
one hundred twenty-five (125) yards of the waterfront.
Said personnel shall be on -duty only on weekends for the period
commencing April 7, 1979 and terminating September 3, 1979 and
shall be on duty daily, at the Polk Drive site only, beginning
June 9, 1979 until September 3, 1979 during the term of this
Agreement. Scheduling of said lifeguards within the framework,
including the number of lifeguards to be provided, will be at the
discretion of the County.
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 ser-
vice 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 the terms of this Agreement and to
provide all equipment required for the performance of services here-
in set forth. The City hereby agrees to establish and coordinate
emergency operations and procedures with the Brevard County Sheriff' s
Department and fire departments for responding to emergencies
occurring at the beach or recreational facilities adjacent thereto.
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MICROFILMED 4-11-80
The roving Lifeguard Supervisor shall serve as means of communica-
tion between the permanent stations, act as a backup to the 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 respon-
sibilities 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.
6. Notice: Notice under this Agreement shall be given to
the County by delivering written notice to the Administrative
Director, Brevard County. Courthouse, Titusville, Florida 32780,
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.
BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
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Gene Rober s, Chairman
ATTEST:
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Raymond 'C. Winstead, Jr. , Clerk
CITY OF CAPE CANAVERAL
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