HomeMy WebLinkAboutResolution No. 1980-08 ... 009
. . MICROFILMED 1.18-83
RESOLUTION NO. 80- 8
A RESOLUTION AUTHORIZING THE CITY OF CAPE
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CANAVERAL, FLORIDA, TO ENTER INTD AN AGREE-
MENT WITH THE BOARD OF COUNTY CONNISSIONERS
. OF BREVARD COUNTY, FLORIDA., TO PROVIDE LIFE-
GUARD SERVICE FIM. THE CITY OF CAPE CANAVERAL;
BY PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED by the City of Cape Canaveral, Florida, as
n follows:
LJ SECTION 1. The Mayor and City Clerk are hereby authorized
to execute an agreement with the Board of County Commissioners of
Brevard County, Florid , to provide lifeguard service for the City
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of Cape Canaveral, Florida, a copy of said agreement being attached
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hereto and made a part hereof by reference. . . .
SECTION 2. This Resolution shall become effective immediately
upon its adoption.
ADOPTED by City Council of the City of Cape Canaveral, Florida,
this 1 day of April , 1980.
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Approved as 'ed;Iortris4.7z-,7 .
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.." . BOYD 181 al
Milligill '
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MEW II
MURPHY ' III
RUTHERFOF.) . .
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•;�� - • - MICROFILMED 1;18x8.3
AGREEMENT
THIS AGREEMENT, made and entered into this 10th day of
April , 1980 , 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 Madison Avenue
. and to provide a roving Lifeguard Supervisor as per Section 3 for
the period commencing April 5, 1980 and terminating midnight
September 1 , 1980.
2. Payment: For services provided the City during calendar
year 1980, the sum of THREE THOUSAND TWO HUNDRED AND SEVENTY DOLLARS
AND NO CENTS ($3,270 . 00) shall be due and payable in accordance with
periodic billings submitted by the County equally pro-rated over the
term hereof. •
. - MICROFILMED 1.18-83-
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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 service between the hours
of 10 :00 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. Madison 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 5, 1980 and terminating September 1, 1980 and shall
be on duty daily, at the Polk Drive site weekdays only, beginning
June 7, 1980 until September 1, 1980 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
service 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 herein
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 ''-.i-18.83
The roving Lifeguard Supervisor shall serve as means of
communication 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 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.
6. Not'i'ce: 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
eiy(1;- l/
f BY: IAI
..r f- wan Hurdle, Chairman
,/ATTEST" J`'
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i Raymord.9C./Winstead ,__. Clerk
,mak i)fti T
CITY OF CAPE CANAVERAL
BY.0, -- (1):7-72::, —I
Anita J. Ostrom, Manager
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sr+'� v�v` o'4i'.CCctiq®E. CITY OF CAPE CANAVERAL.
ATTER f �,,,
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Johnson L. . •hy, J . . Mayor
y Clerk .
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