HomeMy WebLinkAboutResolution No. 1983-14 MED
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RESOLUTION NO. 83-14
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-
GUARD 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, 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 , S ..
being attached hereto and made a part hereof by reference . - '
.
.SECTION 2 . This Resolution shall become effective
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 15 day of March , 1983 .
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Approved as to Form:
HARRIS Y
NICHOLAS /r,
RUTHERFORD I I
WINCHESTER I
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AGREEMENT
THIS AGREEMENT, made and entered into this 24th day of
March , 1983, 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 NESS ETH :
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
for that portion of Cape Canaveral Beach located at Polk Avenue,
Monroe Avenue and Harbor Drive and to provide a roving Lifeguard Captain
as per Section 3 for the period commencing March 26, 1983 and terminating
midnight September 6, 1983.
2. Payment: For services provided the City during calendar year
1983, the sum of THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00) 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.
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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. Polk Avenue: within a portion of the beach including
one hundred twenty-five (125) yards of the waterfront.
B. Harbor Drive: within a portion of the beach including
one hundred twenty-five (125) yards of the waterfront, weekends only.
C. Monroe Avenue: within a portion of the beach including
one hundred twenty-five (125) yards of the waterfront.
Said personnel shall be on duty on weekends for the period commencing
March 26, 1983 and terminating September 6, 1983 and shall be on duty.
daily at the Polk Avenue and Monroe Avenue sites beginning June 13,
1983 and terminating September 6, 1983.
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 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.
The roving Lifeguard Captain 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
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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, 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.
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MATTES/T ,�(' /��'9, .,,1
R. C. Winsteas, Jr. , er
CITY OF CAPE , I -VERAL, FLORIDA
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City Clerk
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