HomeMy WebLinkAboutcocc_resolution_no_2023-18_20230920RESOLUTION NO. 2023-18
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, 2022
and ending September 30, 2027, 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, 2023
through September 30. 2024. 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resolutions in conflict herewith are hereby repealed to the extent of the conflict.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 20th day of September, 2023.
[Signature Page Follows]
City of Cape Canaveral
Resolution No. 2023-18
Page 1 of 2
ATTEST:
Mia Goforth, C
City Clerk
Wes Morrison, Mayor
Name FOR AGAINST
Kim Davis Second
Mickie Kellum x
Wes Morrison x
Angela Raymond rant- i c)n
Don Willis x
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. 2023-18
Page 2 of 2
Resolution No. 2023-18 I Attachment
ADDENDUM
CAPE CANAVERAL LAW iECNFORCEMENT AGREEMENT
THIS ADDEMDUM is entered into this f-'+ day of Q,cO-&OLIf' , 2023 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. 2022-20, as may be amended from
time to time (hereinafter "Agreement"); and
WHEREAS, the Agreement contains a five (5) year agreement commencing October 1,
2022 and ending September 30, 2027, 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 CITY to BCSO for each subsequent year shall be in force by October 1st of the affected year.
Should a mutually agreeable fee not be reached by September 30, of the affected year, the fee
will be equal to that of the previous year, plus 4% for operational increases. This amount may be
adjusted by mutual agreement after the start of the fiscal year, after 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 2023-2024 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 2023-2024; 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 2023-2024 shall be the sum of $3,623,770
Payments shall be made to the BCSO by the CITY in twelve equal monthly
installments of $301,981 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 a to cooperate and
meet to discuss updates and revisions.
FY 2023-2024 Addendum — City of Cape Canaveral Law Enforcement Agreement
Page 1 of 2
Resolution No. 2023-18 I 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:
/16
Approved as to form and content:
Laura Moody
GENERAL COUNSEL
SHERIFF WAYNE IVEY
R12I2(013
Date
ATTEST:
Mia Goforth,',CMC,
CITY CLERK/fr
Approved as to form -and content:
Anthony A. Garganese
CITY ATTORNEY
?lop)
Date
SHERIFF OF BREVARD COUNTY, FLORIDA
Wayne Ivey
SHERIFF
CITY OF CAPE CANAVERAL
Wes Morrison
MAYOR
FY 2023-2024 Addendum — City of Cape Canaveral Law Enforcement Agreement
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