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HomeMy WebLinkAboutcocc_bcso_le_agmt_fy2023-24_addendum_202310Resolution 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 Page 2 of 2