HomeMy WebLinkAboutResolution No. 2018-13 (BCSO) RESOLUTION NO. 2018-13
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 five (5) year term commencing on October 1,
2017 and ending September 30, 2022, 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, 2018 through
September 30, 2019. 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resolutions in conflict herewith are hereby repealed to the extent of the conflict.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 at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 18th day of September, 2018.
[Signature Page Follows]
City of Cape Canaveral
Resolution No.2018-13
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Bob Hoog, Mayor
ATTEST:
Name FOR AGAINST
Mike Brown x
Mia Goforth, CMC Bob Hoog x
City Clerk
Wes Morrison Motion
Rocky Randels x
Angela Raymond Second
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No.2018-13
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Resolution No. 2018-13 Attachment
ADDENDUM
CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT
THIS ADDENDUM is entered into this 24th day of September, 2018,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. 2017-20,as may be amended from
time to time, (hereinafter"Agreement"); and
WHEREAS, the Agreement contains a five (5) year term commencing October 1, 2017 and
ending September 30, 2022, 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 2018/2019 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 2018/2019; 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 2018/2019 shall be the sum of$2,724,244. Payment shall be made to BCSO by the
City in twelve equal monthly installments of$227,020.33 payable on or before the first day of
each month.
3.0 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. On a periodic basis the parties agree to cooperate
and meet to discuss updates and revisions.
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Resolution No. 2018-13 Attachment
4.0 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, SHERIFF OF BREVARD COUNTY,
FLORIDA FLORIDA
BOB HOOG, Mayor
WAYNE IVEY , Sheriff
Date: September 18, 2018 Date: 9/24, 2018
ATTEST:
Mia Goforth, CMC
City Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY FOR THE CITY OF
CAPE CANAVERAL ONLY:
Anthony A. Garganese, City Attorney
Date: September 18, 2018
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