HomeMy WebLinkAboutResolution No. 2016-20 (law enforcement) RESOLUTION NO.2016-20
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE
AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES
BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND WAYNE
IVEY, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR THE
REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS,the City of Cape Canaveral desires to have the Sheriff provide Municipal Law
Enforcement Services; and
WHEREAS, said Agreement contains a two (2) year term commencing on October 1, 2015
and ending September 30, 2017, and provides the City and the Sheriff shall renegotiate the contract
price each year for the term of the agreement.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
SECTION 2. Execution of Addendum. The Mayor and City Clerk are authorized to
execute an addendum for Municipal Law Enforcement Services between the City of Cape Canaveral
and the Sheriff to provide services for the contract year October 1, 2016 through September 30,
2017.A copy of said addendum is attached hereto and made a part hereof by this reference as if fully
set forth.
SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
SECTION 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral,Florida.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of
September,2016.
(Signature page follows)
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pI. Bob Hoog, Mayor
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ATTEST: . Name FOR AGAINST
'e�, John Bond Mnti nn
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Mi Gofor h, C , Mike Brown x
City Clerk
Bob Hoog x
Brendan McMillin Second
Betty Walsh x
Approved as to legal form and sufficiency
For the Ci of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2016-20
Page 2 of 2
Resolution No.2016-20
ADDENDUM Attachment
CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT
THIS ADDENDUM is entered into this 20th day of September, 2016, by and between the
CITY OF CAPE CANAVERAL, FLORIDA, (hereinafter "City"), and WAYNE IVEY, IN HIS
CAPACITY AS THE SHERIFF OF BREVARD COUNTY, FLORIDA, a county
constitutional officer and a county charter officer, (hereinafter called the "Sheriff' or`BCSO").
WHEREAS,the Sheriff currently provides for municipal law enforcement services to the City
and its citizens pursuant to that certain Cape Canaveral Law Enforcement Agreement approved
by the parties and memorialized in writing by City Resolution No. 2015-14, as may be amended from
time to time, (hereinafter"Agreement"); and
WHEREAS, the Agreement contains a two (2) year term commencing October 1, 2015 and
ending September 30, 2017, and provides the City and the Sheriff shall renegotiate the
compensation to be paid by the City to BCSO each year for the term of the contract; and
WHEREAS, the Agreement requires that written agreement as to the compensation paid by
the CITY to BSCO for each year be in force by October 1St of the affected year, or the fee will be equal
to that of the previous year, plus 4% for operational increases subject to adjustment by mutual
agreement after the commencement of the fiscal year and after the City approves a budget; and
WHEREAS, in accordance with the Agreement, the parties desire to establish the
compensation to be paid by the City to BCSO for fiscal year 2016/2017 in accordance with the City's
annual budget process; and
WHEREAS, the parties desire to amend the Agreement for purposes of adopting the base
contract price for the City's fiscal year 2016/2017; and
NOW THEREFORE, in consideration of mutual promises, and other lawful consideration,
which the parties hereby acknowledge is sufficient and received, the City and the BCSO agree as
follows:
1.0 The foregoing recitals are hereby deemed true and correct and are hereby fully
incorporated herein by this reference.
2.0 Pursuant to Article VII of the Agreement, the compensation to be paid by the CITY to
BCSO for Fiscal Year 2016/2017 shall be the sum of$2,491,000. Payments shall be made to BCSO
by the City in twelve equal monthly installments of$207,583.33 payable on or before the first day of
each month.
3.0 Article XXII of the Agreement is amended to read as follows:
"Pursuant to Section 119.0701,Florida Statutes and other applicable public records laws, CONTRACTOR
agrees that any records, documents, transactions, writings, papers, letters, computerized information and
programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or
other material(s), regardless of the physical form, characteristics, or means of transmission, of
CONTRACTOR related, directly or indirectly, to the services provided to the CITY under this Agreement
and made or received pursuant to law or ordinance or in connection with the transaction of official business
by the CITY, may be deemed to be a public record, whether in the possession or control of CITY or the
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Resolution No.2016-20
Attachment
CONTRACTOR. Said records, documents, transactions, writings, papers, letters, computerized
information and programs, maps, books, audio or video tapes, films, photographs, data processing
software, writings or other material(s), regardless of the physical form, characteristics, or means of
transmission of CONTRACTOR are subject to the provisions of Chapter 119, Florida Statutes, and may
not be destroyed without the specific written approval of the CITY's designated custodian of public
records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CITY'S CUSTODIAN OF PUBLIC RECORDS/CITY CLERK AT (321) 868-
1220, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA 32920.
CONTRACTOR is required to and agrees to comply with public records Iaws. CONTRACTOR shall
keep and maintain all public records required by CITY to perform the services as agreed to herein.
CONTRACTOR shall provide the CITY, upon request from the CITY CLERK, copies of the requested
records or allow the records to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided by law. CONTRACTOR shall ensure that public records that are exempt or
confidential and exempt from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the Agreement term. Upon completion of the Agreement,
CONTRACTOR shall transfer to CITY, at no cost, all public records in possession of the
CONTRACTOR, provided the transfer is requested in writing by the CITY CLERK. Upon such transfer,
CONTRACTOR shall destroy any duplicate public records that arc exempt or confidential and exempt
from public records disclosure requirements. However, if the CITY CLERK does not request that the
public records be transferred,the CONTRACTOR shall continue to keep and maintain the public records
upon completion of the Agreement and shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to CITY, upon request from the CITY CLERK, in a
format that is compatible with the information technology systems of CITY. Should the CITY not possess
public records relating to this Agreement which are requested to be inspected or copied by the CITY or
any other person, the CITY shall immediately notify CONTRACTOR of the request and the
CONTRACTOR shall then provide such records to the CITY or allow the records to be inspected or
copied within a reasonable time. If the CONTRACTOR does not comply with a public records request,
the CITY may enforce this Section to the extent permitted by law. CONTRACTOR acknowledges that if
the CONTRACTOR does not provide the public records to the CITY within a reasonable time, the
CONTRACTOR may be subject to penalties under Section 119.10,Florida Statutes.The CONTRACTOR
acknowledges that if a civil action is filed against the CONTRACTOR to compel production of public
records relating to this Agreement, the court may assess and award against CONTRACTOR the
reasonable costs of enforcement,including reasonable attorney fees. All public records in connection with
this Agreement shall, at any and all reasonable times during the normal business hours of the
CONTRACTOR, be open and freely exhibited to the CITY for the purpose of examination, audit, or
otherwise. Failure by CONTRACTOR to grant such public access and comply with public records laws
and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the CITY
upon delivery of a written notice of cancellation. If the CONTRACTOR fails to comply with this Section,
and the CITY must enforce this Section, or the CITY suffers a third party award of attorney's fees and/or
damages for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this
Section, the CITY shall collect from CONTRACTOR prevailing party attorney's fees and costs, and any
damages incurred by the CITY, for enforcing this Section against CONTRACTOR. And, if applicable,
the CITY shall also be entitled to reimbursement of all attorneys' fees and damages which the CITY had
to pay a third party because of the CONTRACTOR's failure to comply with this Section. The terms and
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Resolution No.2016-20
Attachment
conditions set forth in this Section shall survive the termination of this Agreement."
4.0 The Agreement is hereby ratified and shall remain in full force and effect provided,
however, the terms and conditions of the Agreement which are modified by this Addendum are
repealed and superseded by the provisions set forth herein. Can a periodic basis the parties agree to
cooperate and meet to discuss updates and revisions.
5.0 The undersigned signatories hereby represent for their respective entities that they are duly
authorized to execute this Addendum on behalf of their respective entity. Further, upon execution of
this Addendum, the Addendum shall be deemed a binding obligation on the respective entity on whose
behalf they have executed the Addendum.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
CITY: BCSO:
CITY OF CAPE CANAVERAL WAYNE IVEY, SHERIFF OF BREVARD
COUNTY, FLORIDA
Bob Hoog, May Wayne Ivey, Sheriff
Date: Date: /
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ATTEST:
Mia Goforth;'_ ,"� -Y
City Cleric -
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY FOR THE
CITY OF CAPE CANAVERAL ONLY:
Athonyy ,ganese, City Attorney
Date:
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