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HomeMy WebLinkAboutPacket 09-21-2009 BudgetCity of Cape Canaveral CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 191 Polk Avenue, Cape Canaveral, Florida Monday September 21, 2009 5:30 P.M. Uui x:107_1 RESOLUTION: Motion to Adopt: Resolution No. 2009-31 Adopting the Final Millage for Fiscal Year 2009/2010. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A FINAL MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2009/2010 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE: Second Public Hearinw. 2. Motion to Adopt: Ordinance No. 09-2009: Adopting the Annual Budget for Fiscal Year 2009/2010, at Second Reading. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30,2010; PROVIDING FOR AN EFFECTIVE DATE. RESOLUTIONS: 3. Motion to Adopt: Resolution No. 2009-32; Authorizing an Addendum to the Contract for Fire Protection and Emergency Medical Services. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE CONTRACT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR AN EFFECTIVE DATE. 105 folk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.ciryo(capecanaveral.org • email: ccapecanaveral@cfl.rr.com I Cape Canaveral, Florida `ity Council Special Meeting September 21, 2009 Page 2 4. Motion to Adopt: Resolution No. 2009-33; Authorizing an Agreement for Law Enforcement Services. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND J.R. "JACK" PARKER, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR AN EFFECTIVE DATE. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This nofice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868- 1221) 48 hours in advance of the meeting. RESOLUTION NO. 2009-31 A RESOLUTION OF THE CITY OF CAPE CANAVERAL OF BREVARD COUNTY, FLORIDA, ADOPTING A MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2009/2010 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the electors approved in the 1985 referendum election the construction, maintenance and operation of a library by ad valorem taxes; and WHEREAS, the electors approved in the 1986 referendum election the imposition of ad valorem taxes for beautification projects; and WHEREAS, the electors approved in the 1990, 1994 and 2001 referendum elections the imposition of ad valorem taxes for Fire/Rescue Services; and WHEREAS, the electors approved in the 1990, 1994 and 2002 referendum elections the imposition of ad valorem taxes for Police Protection; and WHEREAS, the City wishes to impose said ad valorem taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: . Section 1. The total millage for all City operating purposes is 3.0671 mills on the dollar of taxable value for the 2009/2010 fiscal year for the City of Cape Canaveral, Florida. This millage is a 16.83% decrease from the rolled back rate of 3.6876. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a millage rate of 0.3337 mill for the Beautification Dependent Special District, as approved in the 1986 referenda n election. This ad valorem tax shall be levied upon the 2009 City of Cape Canaveral, Florida Resolution No. 2009-31 Page 2 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2009 and ending September 30, 2010. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a millage rate of 0.0453 mill for the Library Dependent Special District, as approved in the 1985 referendum election, This ad valorem tax shall be levied upon the 2009 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2009 and ending September 30, 2010. Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a millage rate of 1.2715 mills for Fire/Rescue Service General Operating MiUage, as approved in the 1990, 1994 and 2001 referendum elections. This ad valorem tax shall be levied upon the 2009 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2009 and ending September 30, 2010, Section 5. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a millage rate of 1.4166 mills for Police Protection General Operating MiUage, as approved in the 1990, 1994 and 2002 referendum elections. This ad valorem tax shall be levied upon the 2009 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2009 and ending September 30, 2010. Section 6. This Resolution shall become effective immediately upon its adoption. City of Capc Canaveral, Florida Resolution No. 2009-31 Page 3 ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 21 st day of September, 2009. ATTEST: Rocky Randels, Mayor Name For Against Mia Goforth, Acting Dep. City Clerk Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney ORDINANCE NO. 09-2009 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Annual General Fund, Sewer Enterprise Fund, Stormwater Enterprise Fund, Special Revenue Funds, and Expendable Trust Funds Budgets which are attached hereto and by reference made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2009, and ending September 30, 2010, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21st day of September, 2009. ATTEST: Rocky Randels, MAYOR Name For Against Mia Goforth, Acting Dep. City Clerk Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Actorney First Reading: 9/10/2009 Second Reading. 9/21/09 r._. aidF r ., rr, ff, 'Ii/,'ft I s'FIe ,i ,.f'f I1 -',I nr 1i1.., i I:! 1 r,?. ,r r e. oT A 1 .1•'4+1; , 1'3A !) .9 W1. , r " RESOLUTION NO. 2009-32 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE CONTRACT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. have entered into that certain Contract for Services dated September 25, 2007; and WHEREAS, said Contract contains a ten (10) year term commencing on October 1, 2007, and provides that the City and the Cape Canaveral Volunteer Fire Department, Inc. shall renegotiate the base contract price for each contract year after the first contract year. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: SECTION 1. The Mayor and City Clerk are authorized to execute an Agreement to Contract for Services between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. to provide for a base contract price for the contract year October 1, 2009 through September 30, 2010. A copy of said Agreement is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21 st day of September, 2009. City of Cape Canaveral, Florida Resolution No. 2009-32 Page 2 ATTEST: Rocky Randels, Mayor Name Mia Goforth, Act. Deputy City Clerk Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney For Against L-111014k,IBill ►it THIS ADDENDUM is entered into this 21 st day of September, 2009 by and between THE CITY OF CAPE CANAVERAL, FLORIDA, hereinafter called the "City', and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit Florida corporation, hereinafter called the "Corporation." WITNESSETH WHEREAS, the City and the Corporation have entered into that certain Contract for Services dated September 25, 2007 ("Contract"), which Contract is for a term of ten (10) years; and WHEREAS, said Contract requires the City and the Corporation to re -negotiate the base contract price for each year of the Contract after the first year; and WHEREAS, the parties have agreed to a revised Contract price for the period October 1, 2009 through September 30, 2010. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. Recitals. The parties agree that the above recitals are true and correct and incorporated into the body of this Agreement by this reference. 2. Price Revision. Paragraph 12 of the Contract is amended to read as follows: "The City agrees that in return for services specified herein, it will pay the Corporation the base annual contract price of $1,266,798. The compensation provided for herein shall be paid monthly in the sum of Cape Canaveral Volunteer Fire Department Addendum to Contract 2009/2010 Page 2 $105,566.50 per month commencing on the first day of October, 2009 and continuing on the first day of each month thereafter. The parties shall renegotiate the base contract price for each successive year of this contract annually. 3. Continuing Effect. Except as modified by this Addendum, the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANVERAL, by its duly authorized officer, has executed this instrument this day of 2009. CITY OF CAPE CANAVERAL, FLORIDA A municipal corporation By: Rocky Randels, MAYOR ATTEST: Mia Goforth ACTING DEPUTY CITY CLERK (Corporate Seal) Cape Canaveral Volunteer Fire Department Addendum to Contract 2009/2010 Page 3 IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit corporation, by its authorized officers, has executed this instrument this day of , 2009. CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit Corporation la ATTEST: Secretary (Corporate Seal) Dave Sargeant, Fire Chief RESOLUTION NO. 2009-33 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND J.R. "JACK" PARKER, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral desires to have the Sheriff provide Municipal Law Enforcement Services; and WHEREAS, said Contract contains a two (2) year term commencing on October 1, 2009 and ending September 30, 2011, and provides that the City and the Sheriff shall renegotiate the contract price each year for the term of the contract. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows. SECTION 1. The Mayor and City Clerk are authorized to execute an agreement for Municipal Law Enforcement Services between the City of Cape Canaveral and the Sheriff to provide services for the contract year October 1, 2009 through September 30, 2010. A copy of said agreement is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 2. This Resolution shall take effect immediately upon its adoption, City of Cape Canaveral, Florida Resolution No. 2009-33 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21st day of September, 2009. ATTEST: Rocky Randels, Mayor Name Mia Goforth, Act. Deputy City Clerk Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney For Against CAPE CANAVERAL LAW ENFORCEMENT CONTRACT FY 2009/2010 -FY 2010/2011 This Agreement made and entered into this day of , 2009 by and between the City of Cape Canaveral, a municipality, chartered in the State of Florida, by and through its elected City Council, hereinafter referred to as the "CITY", and J.R. "Jack" Parker in his capacity as the Sheriff of Brevard County, Florida, hereinafter referred to as the "SHERIFF" or "BCSO". WITNESSETH WHEREAS, the CITY is located within Brevard County, Florida; and WHEREAS, the CITY is desirous to contract its law enforcement services to the SHERIFF; and WHEREAS, BCSO is authorized by law to exercise its authority throughout Brevard County, including with the City of Cape Canaveral. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises set forth in this Agreement, the receipt and legal sufficiency of which are hereby acknowledged, the parties hereby agree as follows: ARTICLE I. DEFINITIONS: The following terms shall have the respective meanings hereinafter set forth for the purposes of this Agreement. Administrative Assistant: A non -sworn exempt employee of the SHERIFF whose primary duties are of an administrative role and management of the administrative functions of the Commanding Officer. Capital Equipment: That personal property used by BCSO in providing service to the CITY with a fair market value of at least One Thousand Dollars ($1,000.00), examples of which include, but are not limited to, patrol vehicles, firearms, protective gear, computers, radios and office furniture. Commanding Officer: The sworn law enforcement officer of executive rank employed by the SHERIFF and designated to administer the contractual services as provided by this Agreement. The Commanding Officer is responsible for the delivery of services, discipline of the personnel under their command, and to act as liaison with the City Manager, Cape Canaveral. Consideration Agreement: A legally binding written agreement executed by both the SHERIFF and the CITY as to the payment of consideration by City of Cape Canaveral Page 1 of 13 Law Enforcement Contract the CITY to the SHERIFF for service to the CITY in a future fiscal year, i.e., a Consideration Agreement is valid only if it is approved, adopted and legally binding on all parties to the same prior to the beginning of the fiscal year covered by the Agreement. Deputy Sheriff: A sworn law enforcement officer employed by the SHERIFF. The primary duties of this position are response to emergencies, crimes, public service, accident investigation and pro -active patrol of a designated geographical area. Effective Date: October 1, 2009. Fiscal Year: A period of time beginning on October 1st of the designated year and ending September 301H General Crimes Agent: A sworn law enforcement officer employed by the SHERIFF whose primary duties include investigation of felony crimes, such as Burglary, Grand Theft, Robbery, Aggravated Assault, Aggravated Battery, Forgery, Fraud and other crimes designated by the Commanding Officer, Canaveral Precinct. K-9 Unit: A sworn law enforcement officer employed by the SHERIFF teamed with a trained K-9. Primary duties include routine active patrol, tracking and apprehension of suspects, search of buildings or grounds and detection of narcotics. Lieutenant: A sworn law enforcement officer of managerial rank employed by the SHERIFF. This position is responsible for the administration of precinct operations, facilitation of continuing training of precinct personnel, coordination of emergency and tactical operations and may serve as acting commander in the absence of the Commanding Officer. Office Assistant / Desk Clerk: A non -sworn employee of the SHERIFF, whose primary duties include routine office tasks, greeting the public in person and on the telephone and initiating case reports. Patrol: The actual patrolling of the jurisdictional area of the CITY by the SHERIFF through his deputies, and attending to an observed or reported incident or availability to provide law enforcement services. School Resource Officer: a sworn law enforcement officer employed by the SHERIFF. This program is designed to foster the development of positive attitudes by the youth toward the law and law enforcement officers in the school environment. Duties include crime prevention, counseling and teaching gang resistance and substance abuse prevention. Secretary: A non -sworn employee of the SHERIFF whose primary duties are of an administrative support role for the sworn positions and reception of the public. Sergeant: A sworn law enforcement officer of supervisory rank, whose primary duties include the direct supervision of a shift of deputies or specialty unit, generally assigned to a particular shift. This position is also City of Cape Canaveral Page 2 of 13 Law Enforcement Contract responsible for the same duties as listed for Deputy Sheriff in Paragraph 1.5 of this Agreement. Service: Comprehensive professional law enforcement and protection on a twenty four (24) hour per day basis, except hereinafter stated, including reactive patrol to enforce State Laws and, to the extent allowable by law, City Ordinances of the CITY; pro -active patrol to deter criminal activity; and traffic patrol to enforce traffic laws and prevent traffic accidents. Shift: Service provided on an eight, ten or twelve hour basis (assigned at the discretion of the SHERIFF or designee) based on operational needs. Special Investigations Agent: a sworn law enforcement officer whose primary duties are the investigation of crimes related to narcotics, controlled substances, prostitution and gambling. Special Operations Officer: A sworn law enforcement officer whose primary duties consist of crime prevention, special community projects, directed patrol, supervision and administration of the Citizen Observer Program and problem solving within the community. State of Emergency: The facts, events and circumstances which result in a declaration of disaster or other state of emergency by the Governor of the State of Florida or the United States government. Traffic Enforcement Deputy: a sworn law enforcement officer employed by the SHERIFF. Primary duties consist of traffic enforcement, accident investigation, directed patrol and special community projects. ARTICLE II, LEVEL OF LAW ENFORCEMENT SERVICE: As a state accredited law enforcement organization, BCSO and the Canaveral Precinct being a part thereof will conduct law enforcement operations in accordance with CFA accreditation standards as outlined in BCSO Policy and Procedures 200.01. BCSO shall provide the CITY for the term hereinafter set forth, as the same may be extended in accordance with the provisions hereof, competent professional law enforcement service, within and throughout the jurisdictional area of the CITY. The SHERIFF shall at all times endeavor to provide the CITY with service similar to that which they would enjoy with a Municipal Police Department, to the extent and in the manner hereinafter described: 1. Provide 24-hour law enforcement services to the CITY and enforce all laws for which BCSO has jurisdiction to enforce. 2. There shall be a minimum of two deputies on patrol within the jurisdictional boundaries of the CITY at all times in accordance with accepted law enforcement practices. During any exception to the foregoing because of illness, emergency, or any other reason, patrol services may be augmented by mutual aid service. Patrol shall be construed to mean, the actual patrolling of the jurisdictional area of the CITY, or attending to an observed or reported incident or availability to provide law enforcement services. Service shall include reactive patrol to City of Cape Canaveral Page 3 of 13 Law Caforcemem Coniract enforce State laws and, to the extent allowable by law, City Ordinances of the CITY, proactive patrol to prevent and deter criminal activity and traffic patrol to enforce traffic laws and prevent traffic crashes. BCSO further agrees there will not be more than two deputies assigned to the CITY at a time with less than one year of experience as a law enforcement officer. 3. A representative of BCSO shall be present at City Council meetings or other public meetings when so reasonably requested by the City Manager or his/her designee. 4. Commencing on the Effective Date, staffing provided by this Agreement will be as follows: i. 1 Commander (shared position with Port Canaveral) ii. 1 Lieutenant iii. 4 Sergeants iv. 12 Deputies v. 2 General Crimes Agents vi. 2 Special Operations Officers vii. 1 School Resource Officer (SRO) viii. 1 Traffic Enforcement Deputy ix. 1 Special Investigations Agent (shared position with Port Canaveral) x. 1 Administrative Assistant (shared position with Port Canaveral) xi. 1 Secretary xii. 3 Office Assistants/Desk Officers 5. The annual costs for each class of employee is outlined on "Attachment A" hereunder attached. 6. The percentage of salary and benefits provided by the CITY on the listed shared positions is shown on "Attachment A 7. BCSO shall make all good faith efforts to provide full staffing for all contracted personnel listed within this contract on the Effective Date. 8. BCSO shall make all good faith efforts to promptly fill any personnel vacancy occurring throughout the duration of this contract. 9. The Commanding Officer, Cape Canaveral Precinct, shall provide the CITY with a quarterly report to keep the City Manager informed of BCSO's activities within the CITY. ARTICLE III. ANCILLARY SERVICES In addition to those services and responsibilities hereinabove described, BCSO shall provide the CITY, with the following expertise, services and facilities as the same might be required from time to time on an availability/priority basis as determined by the SHERIFF. 1. County -wide Selective Enforcement Unit; 2. Aviation Unit; 3. Prisoner and Detention Center Services, 4. Homicide/Major Crimes Unit; City of Cape Canaveral Page 4 of 13 Law Enforcement Contract 5. K-9 Services; 6. Crime Scene Unit; 7. Watercraft/Boats and BCSO Dive Team; 8. BCSO attendance of meetings of the CITY, when requested; 9. Any Other Unit or specialty service developed by BCSO during the term of this Agreement. ARTICLE IV. MAINTENANCE OF ABILITY All Capital Equipment purchased by the SHERIFF, for use in the performance of this Agreement, with funds from the CITY under the terms of this contract, shall remain in the exclusive control of the SHERIFF until the contract terminates. Ownership of such equipment shall remain with the CITY at all times and affixed with a CITY property identification tag. All equipment leased to the CITY by the SHERIFF shall remain the property of the SHERIFF upon termination hereof. The SHERIFF shall maintain an inventory of Capital Equipment, continually updated, and shall provide an annual inventory report to the City Manager by September 30th of each fiscal year. Purchases of capital items not included as part of the approved budget used for this Agreement shall be made only after prior approval of the City Manager of items $5,000 or less, or City Council approval for items over $5,000. The City shall provide facilities for use by Sheriff in performing this contract. In the facilities provided by the City for use by the Sheriff, the City hereby agrees to provide for all routine maintenance, repairs and replacement of existing facilities, and shall provide janitorial services and, pay all charges for utilities and other services required for the operation of the facilities. The facilities shall be used for the sole purpose of providing the services as defined in this Contract. Any other use of these facilities shall be negotiated as to cost and extent. ARTICLE V. EMPLOYMENT RESPONSIBILITY All Deputy Sheriffs, supervisors and other persons employed by BCSO in the performance of the services, functions and responsibilities as described and contemplated herein for the CITY shall remain BCSO employees, and no one of such persons shall be considered in the employ of the CITY for the purpose of pension, benefits, insurance benefits, civil service benefits, compensation or any status or right. Accordingly, the CITY shall not be called upon to assume any liability for or direct payment of any salaries, wages or other compensation, contributions to pension funds, insurance premiums, worker's compensation funds, vacation or compensatory time, sick leave benefits or any other amenities Cily of Cape Ca naveml Page 5 of 11 Law Enforcement Contract of employment to any BCSO personnel performing services, duties and responsibilities herein for the benefit of the CITY or any other liabilities whatsoever, unless specifically provided herein. Likewise, unless specifically provided to the contrary herein, the CITY shall not be liable for compensation, contribution or indemnity to BCSO or the employees thereof for any injury or illness, of any kind whatsoever, arising out of such employment and in the performance of the services, duties and responsibilities contemplated herein. ARTICLE VI. EMPLOYMENT: RIGHT OF CONTROL The SHERIFF shall have and maintain the responsibility for and the control of the rendition of the services, the standards of performance, the discipline of personnel and other matters incident to the performance of the services, duties and responsibilities described and contemplated herein. 1. The CITY, by its City Manager, shall have the right to request BCSO to transfer personnel who, by mutual agreement of the City Manager and the Sheriff, fails to perform in a manner consistent with standards contemplated herein. 2. The CITY agrees to cooperate with BCSO, its Deputy Sheriffs and other departmental personnel in all reasonable ways in order to effectively provide the service required herein. 3. The ultimate control and direction of the manner in which any BCSO employee shall carry out and perform his/her duties under this Agreement shall rest with the SHERIFF; provided, however, BCSO agrees that it will cooperate with the CITY so as to concentrate its efforts in particular areas or incidents called to the attention of the Commanding Officer, Canaveral Precinct by the City Manager or his/her designee. ARTICLE VII. CONSIDERATION The compensation to be paid by the CITY to BCSO for Fiscal Year 2009 shall be the sum of Two Million Five Hundred Forty -Four Thousand, Three Hundred Forty Dollars ($2,544,340). The CITY shall make payments to BCSO in the following manner: Personnel services and operating expenses in the sum of $2,492,440 shall be made in twelve equal monthly installments of $207,703, payable on or before the fifth day of each month. All payments shall be remitted to: Brevard county Sheriffs Office Attn: Accounting Department 700 Park Avenue Titusville, FL 32780 City of Cape Canaveral Page 6 of 13 Law Enforcement Contract Capital purchases in the sum of $51,900, shall be reimbursed by the CITY as they occur, within thirty days of receipt of invoice, supplied by BCSO. The Consideration Clause of this contract shall be negotiated annually through the budgetary process between the CITY and the SHERIFF. Written agreement as to the compensation paid by the CITY to BCSO for each subsequent year shall be in force by October 1St of the affected year. Should a mutually agreeable contract price not be reached by September 30, of the affected year, the contract price will be equal to that of the previous year, plus 4% for operational increases. Additionally, salaries and benefits for BCSO personnel assigned to this contract shall be commensurate with that approved by the Brevard County Board of County Commissioners for the affected year. This amount may be adjusted by mutual agreement after the start of the fiscal year, after the CITY approves a budget. The SHERIFF shall separately account for all services rendered by him hereunder and, to the extent that the Sheriff's cost of performance is less than the contract price for any given year, the CITY shall receive a rebate to the extent of such surplus. Any request for modification of service levels contemplated within this Agreement shall be accomplished by written request to the SHERIFF, and if necessary, amendment to the contract price then in effect. Should the CITY desire that the SHERIFF provide services at a higher level than contemplated herein, the CITY, through its City Manager, may negotiate with the SHERIFF regarding modification of this Agreement and shall bring such modification to the City Council for their consideration and appropriate action. ARTICLE VIII. SPECIAL EQUIPMENT: PROVISO BCSO shall provide, in furtherance of the fulfillment of the responsibilities imposed hereby and the intent contemplated herein, without additional costs therefore, additional marking with the name "Cape Canaveral", prominently displayed on Patrol Units. ARTICLE IX. NATURAL DISASTERS AND EMERGENCY OPERATIONS Upon declaration of a federal disaster by the United States government or other state of emergency, declared by the Governor of the State of Florida, or by mutual agreement between the CITY and the SHERIFF, the CITY agrees to fund the additional personnel, overtime, capital and operational expenses, incurred by BCSO during the declaration period for the benefit of the CITY. City of Cape Canaveral Page 7 of 13 Law Enforcement Contract Any State or Federal aid sought in relief for such disasters or emergencies shall be the responsibility of the CITY. BCSO will provide documentation for all expenditures incurred pursuant to BCSO Policy and Procedures 300.08. When an emergency condition has been declared by the SHERIFF, and employees in all precincts/offices performing non-essential functions on a county -wide basis are granted paid administrative leave by the SHERIFF to return home, those employees of the SHERIFF required to work during the emergency conditions, in lieu of the paid administrative leave, shall receive compensatory time for all normally scheduled hours worked (hour for hour basis) in which non-essential employees of the SHERIFF are granted paid administrative leave and, in addition, shall be paid as follows: i. Employees of the SHERIFF shall be paid at time and one- half for all hours worked during the declared emergency conditions. ii. Upon approval from the SHERIFF, Commanders, Majors, Directors and Managers may receive compensatory time for hours worked outside their normal work hours during the declared emergency conditions. iii. Temporary employees of the SHERIFF shall not be eligible to receive paid administrative leave during a declared emergency. In the event a temporary employee is required to work during the declared emergency they shall be paid time and one-half for working the emergency event. Employees of the SHERIFF who are required to work during the recovery effort period, as established by the SHERIFF shall be paid time and one half for all hours worked during the recovery effort period. Employees of the SHERIFF who are on a pre -approved leave or regularly scheduled day off during the declared emergency period are not eligible for administrative leave. ARTICLE X. GRANTS The SHERIFF or his designee may inform the City Manager or their designee, of any Grants brought to his/her attention that would be beneficial to law enforcement operations at Cape Canaveral. The CITY shall be responsible for the application, administration and disposition of any and all such Grants. ARTICLE XI. INSURANCE City ofCap e Canaveral Page 8 of 13 Law Enforcement Contract The SHERIFF agrees to provide law enforcement officers professional liability insurance coverage for bodily injury and property damage caused by an occurrence arising out of the scope and performance of the duties of said law enforcement officers and support personnel covered by this Agreement. The SHERIFF will provide automobile liability insurance for bodily injury and property damage for vehicles used by BCSO under the terms and conditions of this Agreement. The SHERIFF may elect to join with a recognized self-insurance program with other law enforcement agencies to provide insurance coverage described above. Costs of such described insurance will be part of the funds provided by the CITY. The CITY shall provide its own fire, storm, flood, property damage and public liability insurance for bodily injury, for the facilities furnished by the CITY to the SHERIFF and shall name the SHERIFF as an additional insured, at no cost to the SHERIFF. The CITY assumes all risk of loss not covered by insurance. ARTICLE XII. FORFEITURE FUNDS The SHERIFF agrees that within the provisions of the Florida Contraband Forfeiture Act (Sections 932.701 through 932.707, Florida Statutes), proceeds collected from operations originating by Deputy Sheriffs assigned to and within the jurisdictional area of the CITY pursuant to the Florida Contraband Forfeiture Act will be utilized to enhance law enforcement operations within the CITY. Proceeds, including monies, collected by the SHERIFF in accordance with the provisions of Paragraph 12.1 of this Agreement shall be distributed as follows: 1. Proceeds of not more than $50,000 in value seized pursuant to BCSO law enforcement operations within the jurisdictional area of the CITY, upon forfeiture, will be awarded to the CITY, less the attorney fees and other direct costs of the forfeiture proceeding. Such proceeds awarded to the CITY shall be utilized for law enforcement services, as specified by Florida Statute 932.7055, within the CITY. 2. Proceeds exceeding $50,000 in value seized pursuant to BCSO law enforcement operations within the jurisdictional area of the CITY shall be disbursed, less attorney fees and other direct costs of the forfeiture proceeding, as follows: Upon forfeiture, the first $50,000 of proceeds as to value shall be awarded to the CITY. Proceeds in excess of $50,000 of value shall be distributed pro rata in relationship to the percentage of the assigned Deputy Sheriffs from Canaveral Precinct to the number of Deputy Sheriffs funded by Brevard County who are assigned to the operation. Such proceeds awarded to the CITY shall be utilized for law enforcement Coy of Cape Canaveral Page 9 of 13 Lasa Enforcement Contrea services, as specified by Florida Statute Section 932.7055, within the CITY. 3. Proceeds exceeding $10,000 in value seized pursuant to BCSO law enforcement operations outside the jurisdictional area of the CITY with the participation of Deputy Sheriffs assigned to the CITY shall be distributed pro rata in relationship to the percentage of the assigned Deputy Sheriffs from Canaveral Precinct to the number of Deputy Sheriffs funded by Brevard County assigned to the operation. Such proceeds awarded to the CITY shall be utilized for law enforcement services, as specified by Florida Statute Section 932.7055, within the CITY. If property other than cash or currency is seized in contraband forfeiture cases within the jurisdictional area of the CITY, the CITY shall assume advance all legal costs related to the forfeiture. Should the CITY refuse to advance such costs, the SHERIFF may elect to fund the legal costs of the forfeiture proceeding whereupon the property or any proceeds from the sale of such property shall be the sole property of the SHERIFF. The SHERIFF shall supply documentation of awarded and recovered investigative fees, on a monthly basis as provided by Clerk of the Court. Payments actually received by the SHERIFF will be made to the CITY by BCSO on a quarterly basis. Proceeds collected on account of investigations initiated after termination of this Agreement, shall be the sole property of the SHERIFF. ARTICLE XIII. TRAINING The CITY upon request of the SHERIFF, shall disburse when available, Police Education Income Funds (Second Dollar) to the SHERIFF, for the continuing professional education of personnel assigned to Canaveral Precinct, ARTICLE XIV. HOLD HARMLESS CLAUSE The CITY and the SHERIFF each will be responsible for any and all manner of action and actions, cause and causes of action, suits, trespasses, judgments, executions, claims and demands and losses and damages, costs and expenses of any kind whatsoever, including attorney fees and court costs, which may be claimed by any third party to have resulted from or arise out of the intentional or negligent acts or omissions of its own employees, officers or agents of the other, whether occurring before or after the CITY and the SHERIFF assumed the obligations of this Agreement. Each party will be responsible for defending any actions, claims or suits arising from any act or omission of its own employees, officers or agents. City of Cape Canaveral Page 10 of 13 Law Enforcement Contract ARTICLE XV. DISPUTES AND DISAGREEMENTS During the duration of this Agreement, all disputes and disagreements between the parties relative to either party's performance under the terms and conditions of this Agreement, will be presented specifically, in writing, by the party -claiming dispute. Thereafter, the responding party will answer specifically in writing within thirty (30) days to the claimant. Within forty-five (45) days thereafter, the parties will meet at a mutually agreeable time and place to either settle the dispute, or mutually agree to the facts and issues. Thereupon, if not settled, each party shall submit the issues to binding arbitration pursuant to Chapter 682, Florida Statutes. ARTICLE XVI. NOTICE Notices, claims and any other matter requiring written communication to a party shall be given as follows: To The SHERIFF: Brevard County Sheriff's Office Attn: J. R. "Jack" Parker, Sheriff 700 Park Avenue Titusville, Florida 32780 To The CITY: City of Cape Canaveral Attn. City Manager 105 Polk Avenue Cape Canaveral, Florida 32920 ARTICLE XVII. TERM OF AGREEMENT This Agreement shall have an effective date of October 1, 2009, and shall remain in effect through September 30, 2011, with an option to renew annually thereafter, based upon mutual agreement between the CITY and the SHERIFF. ARTICLE XVIII. MODIFICATION: This Agreement shall not be modified except by a written Modification Agreement, signed and properly approved by both parties hereto. ARTICLE XIX. TERMINATION Either party may terminate this Agreement without cause or further liability to the other, upon written notice, to the other party. Written notice for termination shall be given not less than 180 days prior to the requested termination date. City of Cape Canaveral Pale 1 I of 13 Law Enforcement Contract Written notice shall be delivered by registered mail or certified mail, return receipt requested, and is deemed delivered through signed receipt. Upon any such termination all further obligations shall cease, except payment for services rendered up to midnight of the effective date of termination, ARTICLE XX. LEGALITY OF AGREEMENT Any obligations of this Agreement that are hereafter determined by a court of competent jurisdiction to be illegal are void, and neither party will be obligated to further perform as to such obligations. If a nonmaterial portion of the total obligation of this contract is hereby severed, the balance of the lawful portions hereof will continue to be performed. ARTICLE XXI. TOTALITY OF AGREEMENT There are not other agreements or conditions, written or oral between the parties. THE NEXT PAGE IS PAGE 13, THE SIGNATURE PAGE. City of Cape Canaveral Page 12 of 13 Law Enforcement Contract IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and the year first written above. ATTEST: SHERIFF OF BREVARD COUNTY, FLORIDA J. R. "Jack" Parker, Sheriff ATTEST: MAYOR OF THE CITY OF CAPE CANAVERAL, FLORIDA Rocky Randels, Mayor City of Cape Canaveral Page 13 of 13 Law Enforcement Contract