HomeMy WebLinkAboutcocc_resolution_no_2019-14_20190917RESOLUTION NO. 2019-14
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 to the Agreement for Municipal Law Enforcement Services between the
City of Cape Canaveral and the Sheriff to provide services for the contract year October 1, 2019
through September 30, 2020. 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resolutions in conflict herewith are hereby repealed to the extent of the conflict.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 17th day of September, 2019.
[Signature Page Follows]
City of Cape Canaveral
Resolution No. 2019-14
Page 1 of 2
Mia Gbforth,
City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
Name FOR
Mike Brown x
Bob Hoog x
Wes Morrison Motion
Rocky Randels x
. Angela Raymond Second
City of Cape Canaveral
Resolution No. 2019-14
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AGAINST
Resolution No. 2019-14
Attachment
ADDENDUM
CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT
THIS ADDEMDUM is entered into this 11 day of e.v o tf , 2019 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 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 agreement commencing October 1,
2017 and ending September 30, 2022, and provides the City and Sheriff shall renegotiate the
compensation to be paid by the .CITY to BC SO 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 BCSO 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 2019-2020 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 2019-2020; 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 reference.
2.0 Pursuant to Article VII of the agreement, the compensation to be paid by the CITY
to BCSO for Fiscal Year 2019-2020 shall be the sum of $2,894,173.00. Payments
shall be made to the BCSO by the CITY in twelve equal monthly installments of
$241,181.08, 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.
Addendum - Cape Canaveral Law Enforcement Agreement
Page 1 of 2
Resolution No. 2019-14
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.
ATTEST:
Approved as to form an • content:
Charles Ian ash
GENE ' • COUNSEL FOR
SHERIFF WAYNE IVEY
cj2 1 9
Date
SHERIFF OF BREVARD COUNTY,
FL o ' IDA
Wayne Ivey, S RIFF
,e______ATES `' CITY OF E CANAVERAL
Mia: Goforth,`C C
CITY CLERK
Approved -as to form andcontent:
thony A. Garganese
CITY ATTORNEY
q/17/'9
Date
Bob Hoog
MAYOR
Addendum — Cape Canaveral Law Enforcement Agreement
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