HomeMy WebLinkAboutResolution No. 1981-28 - _
MICROFILMED 1-18.83
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RESOLUTION NO. 81-28
A RESOLUTION AUTHORIZING THE CITY OF CAPE
CANAVERAL, FLORIDA, TO ENTER INTO AN AGREE-
MENT WITH THE BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA, TO PROVIDE LIFE- 1
i
GUARD SERVICE FOR THE CITY OF CAPE CANAVERAL;
BY PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED by the City of Cape Canaveral, Florida, as
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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
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hereto and made a part hereof by refetence.
SECTION 2. This Resolution shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral, Florida,
this 5 day of May , 1981.
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MICROFILMED 1-18-83
AGREEMENT
THIS AGREEMENT, made and entered into this 21st day of
May , 1981, 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" .
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 otherrecreation 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 North
of Washington Avenue, Polk Avenue and Harbor Drive and to provide
a roving Lifeguard Supervisor as per Section 3 for the period
commencing April 11, 1981 and terminating midnight September 7,
1981. •
2 . Payment:. For services provided the City during calendar
• - year 1981, the sum of THREE THOUSAND TWO HUNDRED 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.
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.
PAGE 1 OF AGREEMENT
ATTACHED TO RESOLUTION NO. 81-28
MICROFILMED 1-18-83
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
agreed upon by the parties within the following areas:
A. Approximately 100 yards North of Washington Avenue:
within a portion of the beach including one hundred twenty-five (125)
yards of the waterfront on weekends, only.
B. Polk Avenue : within a portion of the beach including
one hundred twenty-five (125) yards. of the waterfront, weekends only
beginning April 11, 1981 and terminating midnight September 7, 1981
and weekdays beginning June 7, 1981 and terminating midnight Sep-
tember 7, 1981. •
C. Harbor Drive: Within a portion of the beach including
one hundred twenty-five (125) yards of the waterfront, weekends,
only.
• Said personnel shall be on duty only on weekends for the
period commencing April 11, 1981 and terminating September 7, 1981
and shall be on duty daily at the PolkT.Avehue 'site beginning June 7,
1981 and terminating September 7 , 1981 .
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 life-
guard service in the affected area for the duration of such condi-
tion, incident or occurrence. The County hereby agrees to cooperate
fully with the City in all matters relating to the safety of said
[I beach and the performance of the terms of this Agreement and to
provide all equipment for the performance of services herein set -
forth. The City hereby agrees to establish and coordinate emer-
gency 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.
PACE 2 OF AGREEMENT
ATTACHED TO 'RESOLUTTON NO. 81-28
MICROFILh'ED 1-18-83
The roving Lifeguard Supervisor shall serve as means of
communication between the permanent stations, act as a 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
0 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, Post Office Box 1496, Titus-
ville, Florida, 32780, and notice shall be given to the City by
delivering written notice to the City Manager, City of Cape Cana-
veral 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.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
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0 R. {G site d't� Jr , erk Va Steele, Chairman
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'`✓ �yr'"r ` „*y`'"6t,} ."'.?,.', CITY OF CAPE CANAVERAL, FLORIDA
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r: ti, t' r� ,. . ‘ns.n is Muthy, J1.',-.Mayor
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i ATTE•S 4/ =% PAGE 3 OF AGREEMENT
;•� .7P _ �! + ATTACHED TO RESOLUTION NO. 81-28
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