HomeMy WebLinkAboutcocc_resolution_no_2021-13_20210921RESOLUTION NO. 2021-13
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 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, 2021
through September 30, 2022. 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resolutions in conflict herewith are hereby repealed to the extent of the conflict.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 21st day of September, 2021.
[Signature Page Follows]
City of Cape Canaveral
Resolution No. 2021-13
Page 1 of 2
ATTEST:
Mia Goforth, CMC
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 AGAINST
Mike Brown x
Bob Hoog x
Mickie Kellum Second
Wes Morrison Motion
Angela Raymond x
City of Cape Canaveral
Resolution No. 2021-13
Page 2 of 2
SEAL of Cape Canaveral, Florida
Resolution No. 2021-13 Attachment
ADDENDUM
CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT
THIS ADDENDUM is entered into this 29th day of September 2021
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 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 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 2021-2022 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 2021-2022; 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.
Resolution No. 2021-13 I Attachment
2.0 Pursuant to Article VII of the agreement, the compensation to be paid
by the CITY to BCSO for Fiscal Year 2021-2022 shall be the sum of
$3,139,479. Payments shall be made to the BCSO by the CITY in
twelve equal monthly installments of $261,623.25, 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.
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: SHERIFF OF BREVARD COUNTY,
October FLORIDA
(Signature)
Wayne Ivey, SHERRIFF
(Signature)
Approved as to form and content:
(Signature)
Laura Moody, Chief Legal Counsel
BREVARD COUNTY SHERRIF'S OFFICE
Date
9/29/21
Resolution No. 2021-13 I Attachment
ATTEST: CITY OF CAPE CANAVERAL
(Signature) (Signature)
Mia Goforth,CMC Bob Hoog
CITY CLERK MAYOR
Approved as to form and content:
(Signature)
Anthony A. Garganese
CITY ATTORNEY
Date
9/21/21
SEAL of Cape Canaveral, Florida