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HomeMy WebLinkAboutPacket 06-09-2009 WorkshopCM OF CAPE CAUAVEMl City of Cape Canaveral CITY COUNCIL WORKSHOP MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY JUNE 9, 2009 5:30 PM AGENDA CALL TO ORDER: ROLL CALL: DISCUSSION: Sheriffs Contract for 2009/10 and Level of Service Issues. 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 notice 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 Cleric's office (868-1221) 48 hours in advance of the meeting, 105 Polk Avenue • Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral City Council Agenda Form City Council Meeting Date: June 9, 2009 Item No. 1 Subject: Discussion: Sheriffs Contract for 2009/10 and Level of Service Issues Department: Legislative Summary: City Council requested a Workshop Meeting to discuss the level of services currently provided by the Sheriff's Office and to review the Law Enforcement Contract. Requested Council Action: City Council provide direction on the level of service and potential changes to the Law Enforcement Contract. Financial Impact: To be determined. Attachments: xo Supporting Documents Reviewed Proposed 2009/10 Contract Budget Law Enforcement Contract Canaveral Precinct 2008 Annual Report Canaveral Precinct March 2009 Quarterly Report Submitting Department Head: Date: Approved by City ManaZ;AE Date: City Council Action: ended ]Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape- nt* i m\m ydocu me nts\ad mi Moo u n ci hmeet ing\20 09106-09-09\she riff .d oc r Z CW G Z V Q Q CO M O r N I,.- O p o m 0 cr N U) C3, rn N M �D a a} N m G UA 1A 00 p o N (6 M N m to N r O eo w N M r 1` m' 60 N 40 LL i rfi U Cl) w H D o L) o w w a ° a Q w Z x ' w Q LL ° F w w a Q Q a Q a N ° U O f o Q Q Q � �— H H LU) 0 0 0 0 w w U z 0 - Lu rn 0 0 N NT a F -- Z W V rQ r Q co N Q N 64 40 N 64 U) J F- 0 O w _Z w LL g ui M N D CO c0 O1- 0 0 M O ��- � Ln qt ❑ O c0c0Mti L!)—(D0Ln0 tics LncON o113 N tDtn LOOti ti (D(DMcp t-rn� •^ th w 0 � (0 O M CD CO I- O M r- V) vN �(D0ON .- It Lr) AT (D co to �wCW a �<33 N CV) 00 j Q <33 r (� m N W y. 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U m 0 0 N (D U .tf � 00 L N (�D c7 N C U_ L D O C)CD 00 00 O O LO N O o C%j ti O N O (L CD V N O d W 615/ ca m w L J � LL J W C1 a Q Q. U m 0 0 N (D U_ L U) Q E O d W 0 T3 ca m w L J E E E E cva cva m a) 0 0 aJ r r N N J W C1 a Q Q. U m 0 0 N (D CAPE CANAVERAL LAW ENFORCEMENT CONTRACT 2005-2009 This Agreement made and entered into this 27th day of September 2005 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: 1.1 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. 1.2 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. 1.3 Commanding Officer: The sworn law enforcement officer of executive rank employed by the SHERIFF and designated to administer the City of Cape Canaveral page 1 of 18 Law Enforcement Contract Fiscal Year 2005-2009 Tuesday, September 27, 2005 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. 1.4 Consideration Agreement: A legally binding written agreement executed by both the SHERIFF and the CITY as to the payment of consideration by 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. 1.5 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. 1.6 Effective Date: October 1, 2005. 1.7 Fiscal Year: A period of time beginning on October 1St of the designated year and ending September 301H 1.8 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. 1.9 K-9 Unit: A sworn law enforcement officer employed by the SHERIFF teamed with a trained K-9. Primary duties include routine active patrol, City of Cape Canaveral Page 2 of 18 Law Fnlorcement Contract Fiscal Year 2005-2009 Tuesday, September 27, 2005 tracking and apprehension of suspects, search of buildings or grounds and detection of narcotics. 1.9 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. 1.10 Office Assistant I 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. 1.11 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. 1.12 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, counselling and teaching gang resistance and substance abuse prevention. 1.13 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. City of Cape Canaveral Page 3 of I8 Law Enforcement Contract Fi" Year 2005-2009 Tuesday, September 27, 2005 1.14 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 responsible for the same duties as listed for Deputy Sheriff in Paragraph 1.5 of this Agreement. 1.15 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. 1.16 Shift: Service provided on an eight, ten or twelve hour basis (assigned at the discretion of the SHERIFF or designee) based on operational needs. 1.17 Special Investigations Agent: a sworn law enforcement officer whose primary duties are the investigation of crimes related to narcotics, controlled substances, prostitution and gambling. 1.18 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. 1.19 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. City of Cape Canaveral Page 4 of 18 Law Enforcement Contract Fiscal Year 2005-2009 Tuesday, September 27. 2005 1.20 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 nationally accredited law enforcement organization, BCSO and the Canaveral Precinct being a part thereof will conduct law enforcement operations in accordance with CALEA accreditation standards as outlined in BCSO General Order 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: 2.1 Provide 24-hour law enforcement services to the CITY and enforce all laws for which BCSO has jurisdiction to enforce. 2.2 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 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. City of Cape Canaveral Page 5 of 18 Law Enforcement Contract Fiscal Year 2005-2009 Tuesday, September 27, 2005 2.3 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. 2.4 Commencing on the Effective Date, staffing provided by this Agreement will be as follows: 1 Commander (shared position with Port Canaveral) 1 Lieutenant 4 Sergeants 12 Deputies 2 General Crimes Agents 2 Special Operations Officers 1 School Resource Officer (SRO) 1 Traffic Enforcement Deputy 1 Special Investigations Agent (shared position with Port Canaveral) 1 Administrative Assistant (shared position with Port Canaveral) 1 Secretary 3 Office Assistants/Desk Officers 2.5 The annual costs for each class of employee is outlined on "Attachment A" hereunder attached. 2.6 The percentage of salary and benefits provided by the CITY on the listed shared positions is shown on "Attachment A 2.7 BCSO shall make all good faith efforts to provide full staffing for all contracted personnel listed within this contract on the Effective Date. 2.8 BCSO shall make all good faith efforts to promptly fill any personnel vacancy occurring throughout the duration of this contract. 2.9 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. Citv of Cape Canaveral Page 6 or 18 Law F,nrorcement Convact Fiscal Year 2005-2009 Tuesday, September 27, 2005 ARTICLE Ill. 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. 3.1 County -wide Selective Enforcement Unit, 3.2 Aviation Unit, 3.3 Prisoner and Detention Center Services; 3.4 Homicide/Major Crimes Unit; 3.5 K-9 Services; 3.6 Crime Scene Unit, 3.7 Watercraft/Boats and BCSO Dive Team; 3.8 BCSO attendance of meetings of the CITY, when requested, 3.9 Any Other Unit or specialty service developed by BCSO during the term of this Agreement. ARTICLE IV. MAINTENANCE OF ABILITY 4.1 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. 4.2 All equipment leased to the CITY by the SHERIFF shall remain the property of the SHERIFF upon termination hereof. 4.3 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. 4.4 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 City of Cape Canaveral Page 7 of 18 Law Enforcement Contract Fiscal Year 2005-2009 Tuesday, September 27, 2005 Manager of items $5,000 or less, or City Council approval for items over $5,0000. 4.5 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 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. City of Cape Canaveral Page 8 of 18 Law Enforcement Contract Fiscal Year 2005-2009 Tuesday, September 27, 2005 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. 6.1 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. 6.2 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. 6.3 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 7.1 The compensation to be paid by the CITY to BCSO for fiscal year 2005 — 2006 shall be the sum of Two Million Two Hundred Seventy -Seven Thousand, Thirty -Nine Dollars ($2,277,039) 7.2 Payments shall be made to BCSO by the CITY in the following manner: Personnel services and operating expenses in the sum of $2,056,920 shall be made in twelve equal monthly installments of $ 171,410. payable on or before the fifth day of each month. 7.3 Capital purchases in the sum of $220,119. shall be reimbursed by the CITY as they occur, within thirty days of receipt of invoice, supplied by BCSO. City of Cape Canaveral Pape 9 of 18 Law Enforcement Contract Fiscal Year 2005.2009 Tuesday, September 27, 2005 7.4 The Consideration Clause of this contract shall be negotiated annually through the budgetary process between the CITY and the SHERIFF. 7.5 Written agreement as to the compensation paid by the CITY to BCSO for each subsequent year shall be in force by October 1s�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. 7.6 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. 7.7 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. 7.8 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. City of Cape Canaveral Page l0 of Is Law Enforcement Contract Fiscal Year 2005-2009 Tuesday, September 27, 2005 ARTICLE IX. NATURAL DISASTERS AND EMERGENCY OPERATIONS 9.1 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. 9.2 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 General Order 300.08, 9.2.1 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: 9.2.1.1 Employees of the SHERIFF shall be paid at time and one-half for all hours worked during the declared emergency conditions. 9.2.1.2 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. 9.2.1.3 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. 9.2.2 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. City of Cape Canaveral Page l I of 18 Law Enforcement Contact Fiscal Year 2005-2009 Tuesday, September 27, 2005 9.2.3 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. 10.1 The CITY shall be responsible for the application, administration and disposition of any and all such Grants. ARTICLE XI. INSURANCE 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. 11.1 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. 11.2 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. 11.3 The CITY assumes all risk of loss not covered by insurance. City of Cape Canaveral Page 12 of 18 Law Enforcement Contract Fiscal Year 2005-2009 Tuesday, September 27, 2005 ARTICLE XII. FORFEITURE FUNDS 12.1 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. 12.2 Proceeds, including monies, collected by the SHERIFF in accordance with the provisions of Paragraph 12.1 of this Agreement shall be distributed as follows.. 12.2.1 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. 12.2.2 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 services, as specified by Florida Statute Section 932.7055, within the CITY. 12.2.3 Proceeds exceeding $10,000 in value seized pursuant to BCSO City of Cape Canaveral Page 13 of 18 Law Enforcement Contract Fiscal Year 2005-2009 Tuesday, September 27, 2005 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. 12.3 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. 12.4 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. 12.5 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 City of Cape Canaveral Page 14 of 18 Law Enforcement Contract Fiscal Year 2005.2009 Tuesday, September 27, 2005 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. 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 parry 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 Sheriffs 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 City of Cape Canaveral Page 15 of 18 Law Enforecment Contract Fiscal Year 2005-2009 Tuesday, September 27. 2005 ARTICLE XVII. TERM OF AGREEMENT This Agreement shall have an effective date of October 1, 2005, and shall remain in effect through September 30, 2009, 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. 19.1 Written notice shall be delivered by registered mail or certified mail, return receipt requested, and is deemed delivered through signed receipt. 19.2 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. City of Cape Canaveral Page 16 of 18 Law Enforcement Contract Fiscal Year 2005-2009 Tuesday, September 27, 2005 THE NEXT PAGE IS PAGE 17, THE SIGNATURE PAGE. 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. "Ja 'k" Parker, Aeriff Chief Administrative Officer ATTEST: MAYOR OF THE CITY OF CAPE CANAVERAL, FLORIDA Rocky Randels, Mayor Approved as to fopfi and content: Charles ran Nash, Legal Counsel for Sheriff J.R. "Jack" Parker Date: / _0 13 -57 Ciry ofCape Canaveral Page 17 of 18 Law Enforcement Contract Fiscal Year 2005-2009 Tuesday, September 27, 2005 1:1Sheriff/CapeCanaveral\CityofCapeCa navera IContract_Revision_09_26_2005.doc City of Cape Canaveral Page 18 of 18 Law Enforcement Contract Fiscal Ycar 2005-2009 Tuesday, September 27. 2005 9 H W -1 W o N 0) Q LU N ami O N Of CY } ly � ca m Ln e r - ,c M C. 00 O cliv O M o co O M F F- .' 0 u u CO CD In Ln Q aC L N a o � Z n W = CY) LO O LO rl- V M 07 rn N Q � (.0 ai ~ N 9 H W W o N c d o Q LU N ami 0 N Of CY } ly � ca m e C. m C. 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M 2 2 a a? a c a m i s c) Cl V V U7 [A N B"vmw COUNTY SHERIFF'S OFFICE Titusville, Florida Date: April 01, 2009 Memorandum To: J. R "Jack' Parker, Sheriff From: Commander Doug Scrag Re: Canaveral Precinct Annual Report — 2008 The foregoing is a comparative analysis of activity for years 2005, 2006, 2007 and 2008 for Canaveral Precinct. Information used in preparation of this report was gathered on a precinct level, combined with data from other units within the Brevard County Sheriff's Office and considered to be within a 5% (+1-) range of accuracy. The first part of the report compares significant areas as related to law enforcement services and call types within the precinct. A statistical comparison is utilized to reflect up or down trends. City of Cape Canaveral Statistical Trends for 2005 — 2008 Category 2045 2006 2007 2008 % Change Total Calls 17,352 18,282 17,125 19,554 .... 15% Case Reports 1,485 1,800 1,715 1,760 3% Total Arrests 625 780 660 *920 N/A Warrant Arrests 271 229 186 124 -33% Felony Charges 380 375 297 249 -16% Misdemeanor Charges 919 1076 918 682 -26% Domestic Violence Arrests 88 1 91 100 100 0% Burglaries — Vehicle 53 75 101 82 -19% Burglaries — Residential 49 75 51 66 30% Burglaries — Business 8 29 17 9 -47% Robberies 4 16 1 10 5 -50% Drug Arrests includes SIU 1641 199 207 9 136 m - Juvenile Arrests 25 45 26 38% DUI Arrests 106 _ 129 129 87 -33% Traffic Citations Criminal 507 55S 487 406 -17% Traffic Citations Non -Criminal 1,409 1,666 1,556 1,761 13% Traffic Accidents 200 178 151 189 25,916 1 Assist Other Agencies AOA `495 ......,.. NLA, Total Arrests 2008 benchmark includes Criminal Traffic Citations; prior figures do not, r AOA 2008 benchmark derived from CAD; previously derived from precinct case report database. I R. "Jack" Parker, Sheriff OPS 16 0112007 Port Canaveral Statistical Trends for 2005 — 2008 Category 2005 2006 2007 2008 W� % Change Total ___.. 1,6 17 15 18,963 25% Case Rel orts 459 672 490 6, 5% Total Arrests 168 408 208 *452 N/A Warrant Arrests 102 154 107 104 -3% Felony Charges 106 146 110 112 2% Misdemeanor Charges 270 568 321 256 -20% Domestic Violence Arrests 7 17 5 12 140% Burglaries — Vehicle 19 12 16 12 -25% Burglaries — Business 3 7 7 5 -29% Robberies 1 1 2 1 -50% Drug Arrests 39 26 45 36 -20% Juvenile Arrests 0 . 7 5 6 20% DU I Arrests 39 77 64 44 279 -31% 55% Traffic Citations Criminal 208 265180 Traffic Citations Non -Criminal 1,053 976 _ 633 1 1,010 60% Traffic Accidents 31 36 24 1 25 4% Assist Other Agency AOA _ *347 N/A ' Total Arrests 2008 benchmark includes Criminal Traffic Citations; prior figures do not. * AOA 2008 benchmark derived from CAD, previously derived from precinct case report database. Sex Crimes & Homicide Units In 2008, Canaveral Precinct forwarded a total of sixty-one (61) cases (City & Port) to the Brevard County Sheriffs Office Criminal Investigations Division (CID), countywide, for further investigation. The cases forwarded were Death investigation (27), Information Only (8), Suspicious Incident (7), Sexual Battery (6), and various other cases (13). The Criminal Investigations Unit provided the following statistical data. Crime 2005 2006 2007 2008 782. Murder 4 0 0 0 _ 784.03 Felony Battery 0 1 0 0 794.011 Sexual Assault / Adult 5 11 8 5 794.011 J Sexual Assault / Juvenilemmm m.... . 4 1 6 1 2 3 794.011/800.04 Sexual Assault / Lewd & Lascivious 0 1 1 0 794.05 Unlawful Sex 2 0 0 0 800.04 Lewd & Lascivious 19 7 11 3 827.03 - Aggravated Child Abuse 0 1 4 0 943.0435 Sexual Predator / Offender Violation 1 1 0 1 0 2 Other* 9 6 8 9 TOTAL 44 33 34 19 j 'Other Crimes include Kidnapping, Elderly Abuse & Computer Pomography J. R. "Jack" Parker, Sheriff 2 OPS 16 0112007 Special Investigations Unit The Special Investigations Unit provided the following information for calendar year 2008 relative to drug activity in the City of Cape Canaveral and Port Canaveral areas: Assigned and/or Initiated Cases: 31 Cases Closed by Investigation/Exceptional Cleared or Pending: 19 Cases Closed by Arrest: 12 Total Defendants: 13 Confiscated Narcotics for 2008 11703 pills--� 7gr 1 55 granas ■ Cannabis ■Cocaine Powder ci Cocaine Base Lp Pharmaceuticals Canaveral Precinct General Crimes Un,it_(G,CU) Deputies assigned to Canaveral Precinct are responsible for providing Law Enforcement services to the City of Cape Canaveral and Port Canaveral. As a part of this responsibility, Canaveral Precinct has a General Crimes Unit whose duties involve, but are not limited to the investigation of felony crimes committed within the City of Cape Canaveral and Port Canaveral. Presently there are three Deputy -Agents assigned to Canaveral Precinct. Two of the Deputy -Agents are assigned to the City of Cape Canaveral and one Deputy -Agent is assigned to Port Canaveral. J. R. "Jack" Parker, Sheriff OPS 16 01(2007 3 City of Carpe Canaveral Statistical Trends for 2005 — 2008 General Crimes Unit Category 2005 2006 2007 2008 °lo Chan - e Total Investigations 246 288 326 294 -10% Total Capias 17 6 12 17 42% Total Arrests 28 35 33 17 -49% ! Total Open Cases 18 45 12 14 17% I Total Closed 1/0 103 121 127 97 -24% Total Closed Pending 80 81 169 113 -34% Burglaries —Vehicle 50 70 94 70 -26% Burglaries — Residential 49 75 51 54 8% Burglaries — Business 8 29 11 5 -55% Robberies 4 14 8 4 -50% Theft 55 1 50 51 53 4% Auto Theft 24 24 16 22 38°/a Fraud 45 44 48 55 15% Missing Adult / Juvenile 3 5 11 8 -28% Arson 1 2 1 0 -100% , Aggravated Battery 3 6 5 3 40% Assist Other Agency 10 1 6 1 -83% Port Canaveral Statistical Trends for 2005 — 2008 General Crimes Unit Category 2005 2006 2007 2008 .. % Chan e Total Investigations 135 135 56 57 ........... 2% Total Capias 6 115 0 -100% Total Arrests - 5 1.-.'... 2 8 300% Total Open Cases 3 18 714 100% Total Closed 1/0 50 37 22 . 24 9% Total Closed Pending 71 68 34 25 -27% Burglaries — Vehicle 18 12 18 16 -12% Burglaries — Business 9 7 7 5 -29% Robberies 1 1 1 1 00/. Theft 36 30 14 22 58% Auto Theft 11 4 0 4 400% Fraud 10 7 8 4 -50% Missin Adult /Juvenile 3 1 1 0 100% Arson 0 0 0 0 0% Aggravated Battery 5 41. 1 2 Assist Other Agency 12 5 3 0 _100% -33% J. R. "Jack" Parker, Sheriff OPS 16 0112007 • In 2008, GCU Agents arrested two Robbery suspects in Cape Canaveral and two Robbery suspects in Port Canaveral. • Seven Vehicle Burglary suspects were arrested in the City and one suspect was arrested in the Port. • GCU Agents arrested one Residential Burglary suspect and one Business Burglary suspect in the City. Clearance Summary for Canaveral General Crimes Unit (City & Port) Total Cases Processed 350 Arrests 25 (1 Juvenile, 24 Adults) v Open Active Investigations 28 ➢ Closed Information Only 116 ➢ Exceptionally Cleared 47 ➢ Closed Inactive Pending 135 This information is inclusive of cases originating prior to January 2008. In summary, The Canaveral Precinct, General Crimes Unit (GCU) has an overall case clearance rate of approximately 31% Clearance rate is calculated by dividing cleared cases by total cases processed (less "information only. GCU Proactive Operations During 2008, agents assigned to Canaveral Precinct have continued to take a pro -active approach toward addressing crime within the City of Cape Canaveral and Port Canaveral by conducting undercover operations in various parts of the City and Port. In 2008, pro -active operations were as follows: Underage Drinking • Canaveral Agents along with agents from the Florida Department of Alcohol and Tobacco conducted two (2) sting operations in which an undercover, underage person was sent into all of the convenience stores, restaurants and bars located within the City of Cape Canaveral and Port Canaveral. This underage person would attempt to purchase alcohol. If alcohol was sold to the underage person, an arrest was made. The operations resulted in one (1) arrest in the City, no arrests in the Port. I R. "Jack" Parker, Sheriff 5 OPS 16 0112007 ■ Canaveral Agents also conducted two (2) operations involving undercover underage persons attempting to purchase tobacco products at all of the open tobacco outlets in the City and Port. The operations resulted in no arrests. Vehicle Burglary ■ Through investigative efforts, agents were able to arrest seven (7) suspects for burglarizing vehicles and filed capias requests in three (3) cases. In some of the arrests or capias arrests, the arrested suspects were believed to have committed additional vehicle burglaries, however, there was not enough evidence to charge them. Construction Site Theft ■ In order to address the problem of copper thefts from construction sties, Canaveral Agents initiated a surveillance operation at various locations within the City and Port. This operation was conducted at various times throughout the year. Theft on the Beach • Canaveral Agents conducted a surveillance operation, targeting theft on the beach, which was conducted beachside within the City limits of Cape Canaveral. This surveillance operation resulted in no arrests. Sexual Offenders, Predators and Registered Felons; Sweeps & Address Verification ■ Canaveral Agents along with the Department of Corrections Probation and Parole, perform bi-annual checks on sex offenders and predators who are currently on probation to ensure that they are in compliance with the conditions of their probation. SORT provides a packet of information bi-annually in accordance with the Jessica Lunsford Act, containing names and addresses of all offenders and predators in Cape Canaveral and Cocoa Beach. The sweeps resulted in a total of five (5) arrests. Any changes in address are reported to SORT for further investigation to determine cause for arrest and/or status change to Absconder. There are currently no registered Sexual Predators in the beachside area of Cape Canaveral and Cocoa Beach. I R. "Jack" Parker, Sheriff 6 OPS 960112007 Motorcycle Unit City of Cape Canaveral Motor Unit Statistical Trends 2006 — 2008 Category 2006 2007 2008 Civil Traffic Citations 390 265 454 Criminal Traffic Citations 12 9 40 Written Warnings 325 125 271 Written Case Reports 14 10 8 Traffic Crash Reports 16 9 11 Arrests 6 10 _ 9 Special Events 9 1 2 Special Details Ci 5 8 2 Special Details Coun 4 6 1 5 Training Hours 356 1 288 226 Note: As a result of recruitment (vacancy), injury, training requirements and equipment repair, the data comparison represents less than a full calendar year for 2007 & 2008. ■ 2006 data represents 12 months of activity. ■ 2007 data represents 8 months of activity. ■ 2008 data represents 10 months of activity. Precinct Highlights for 2008 Throughout the year, members of the Canaveral Precinct have been engaged in a number of projects, which deal with "quality of life" issues for the citizens of the City of Cape Canaveral. These projects are outlined below: A total of fifty-three (53) students were graduated from the GREAT Program at Cape View Elementary School. Canaveral Deputy / SRO Mitch Boshnack provided instruction for the program. Deputy / SRO Mitch Boshnack began a program of mentoring students who have received multiple disciplinary referrals at Cape View Elementary School. Deputy Boshnack interacts with the students on an informal basis once a week or as needed. The students are given an opportunity to discuss any issues they are experiencing at home or at school. He also interacts with students during their lunch break, often eating his lunch with them, and participates in the "Walk and Talk" period directly after lunch. J. R. "Jack" Parker, Sheriff OPS 16 01 t2007 Deputy Boshnack also reads to Kindergarten and Pre -K students once a month or upon the teachers' request. ■ Members of the Canaveral Precinct organized and ran a one-week program entitled "Camp Canaveral" which benefited ten (10) Canaveral area "at risk" teens. The purpose of this program was to provide positive role modeling and mentoring to the teens through participation in unique events. Those events included visits to the Brevard Zoo, Kennedy Space Center, The Police Hall of Fame and The IMAX Theatre. The teens also took airboat rides and participated in a deep sea fishing charter. ■ In July 2008 Cape Canaveral Precinct facilitated a surf camp to benefit area children. The surf camp, sponsored by the Police Athletic League (PAL) and the City of Cape Canaveral, was conducted by "Nexgen Surf School", located in Cocoa Beach. "Nexgen" offers professional, CPR certified instructors, ensuring a safe and productive surf experience. Thirty-six (36) area children attended and thoroughly enjoyed the experience. Upon graduation, each child received a certificate from "Nexgen". This program has been tremendously successful. Hopefully the City will continue to support this popular summer program for the benefit of area children. ■ Camp Chance 2008, sponsored by BCSO and PAL, provided summer activities designed to teach respect, team building and increased self- esteem for 42 children who reside in the City of Cape Canaveral. The Camp for Cape Canaveral children took place the week of July 6-10`h Staffed by Brevard County law enforcement officers and civilians, Camp Chance promotes drug and alcohol free living and allows participants to foster positive relationships with law enforcement personnel. Deputy Mitch Boshnack represented Cape Canaveral Precinct, spending numerous hours at Camp Chance over the summer months. ■ Throughout 2008, members of the Canaveral Precinct conducted monthly transient sweeps of all wooded areas, beach accesses and City Parks, focused on transients sleeping on private and City property. Of particular interest or concern was William Bennix Park, however directed patrol and homeless sweeps have resulted in diminished complaints. ■ Throughout 2008, Canaveral Precinct deputies conducted bicycle and ATV patrols focused on preventing crime through high visibility. ATV patrols were conducted during Spring Break, the Fourth of July weekend and New Years Eve as well as other peak tourist holidays and events. Bicycle patrols were conducted on a recurring basis during the late evening, early morning hours. One such patrol resulted in the arrest of three (3) suspects responsible for numerous vehicle burglaries. J. R. "Jack" Parker, Sheriff 8 OPS 16 0112007 • Based on complaints from Cape View Elementary staff and school bus drivers, Canaveral Precinct deputies organized and participated in "Operation Bus -ted". This operation focused on identifying and ticketing drivers who drove past stopped school busses, endangering the children. • Canaveral Precinct coordinated the yearly National Night Out event held at Cape View Elementary School. Numerous residents turned out to celebrate the event. ■ Canaveral Deputies and Agents, with assistance of the BCSO DUI Unit and Cocoa Beach Police Department conducted "Operation Store Front' on two occasions, in both the City of Cape Canaveral and the City of Cocoa Beach. The operations targeted impaired drivers and other observed violations of state statutes. The two operations resulted in the arrest of twenty-five (25) suspects and issuance of one hundred six (106) Uniform Traffic citations and fourteen (14) Warnings. ■ To address recurring complaints regarding traffic violations, members of the Canaveral Precinct organized and participated in a recurring program entitled "Operation Stop -N -Go" and "Operation Slow Down, Move Over". These programs targeted violators who failed to stop at stop signs and those who failed to move over for emergency vehicles. ■ During the Thanksgiving Holiday, members of the Cape Canaveral Precinct provided thirty-two (32) needy families with Thanksgiving dinner through the generous contributions of the City of Cape Canaveral and local business partners. Canaveral Precinct Deputy Raul Guerra personally assisted an additional ten (10) families in Cape Canaveral. He and his family purchased traditional Thanksgiving food supplies, boxed them and delivered them to the ten families. • During the Christmas Holiday, members of Cape Canaveral Precinct partnered with the local Kiwanis Club and the Cape Canaveral Volunteer Fire Department, to provide wrapped Christmas gifts for fifty-four (54) less fortunate area families. Twenty-five (25) turkeys were donated by the Radisson Resort at the Port and distributed through the VFW. Employees of Boeing donated eighty (80) new bicycles, which were also distributed to area children. Numerous donations were also received for various local business partners. Cape Canaveral Precinct was utilized as the distribution point for the gifts. ■ The Holiday programs have been a popular activity for Canaveral Precinct personnel for a number of years. Most everyone becomes involved in one way or another, organizing wish lists, setting up Christmas trees with "angels", shopping, assembling toys, wrapping gifts, assembling food boxes and delivering the items to the respective recipients. Canaveral Precinct personnel generously give of their free time and their personal J. R. "Jack" Parker, Sheriff 9 OPS 16 0112007 funds to make these programs successful, Well over one hundred gifts were purchased in 2008 by the men and women, both sworn and civilian, who serve the Cape Canaveral community through law enforcement services. ■ Throughout the year, members of the Canaveral Precinct provided "Neighborhood Watch" and Identity Theft training to the citizens of Cape Canaveral. ■ COP Bill Hansen, in spite of a major surgery in 2008, logged a total of 845 volunteer hours. In addition to 197 hours of basic patrol, he wrote numerous parking citations, attended City and Port special details and events totaling 249 volunteer hours, and maintained the precinct speed radar trailer, including set up and removal. Mr. Hansen also attended court when subpoenaed relative to issuance of written parking citations. Mr. Hansen spent 74 hours training for his COP position and 108 hours attending various volunteer and COP Meetings. Additionally, COP Bill Hansen serves as: ■ Volunteer coordinator for Canaveral Precinct volunteers. Currently there are 4 additional COP members at Canaveral Precinct. ■ Co-chairman of Senior SALT Council along with Pam Conner from Crime Prevention. ■ Board member of the Brevard County TRIAD Canaveral Precinct Personnel Highlights ■ January 2008 - Sergeant Ron Little was selected as Deputy of the Month for his involvement in the apprehension of a violent felon who was wanted by the FBI. After a brief vehicle and foot pursuit that ended in the City of Cocoa Beach, the suspect was arrested for numerous charges and transported to the county jail. (CR# 08-025066) ■ February 2008 — Corporal William Haggerty was selected as Deputy of the Month for an investigation related to a burglary in Jetty Park. Corporal Haggerty was meticulous in collecting blood evidence at the scene, which resulted in a positive ID on a suspect through DNA. Without this evidence, the suspect may not have been identified. (CR# 07-304163) ■ March 2008 — Deputy Ryan English was selected as Deputy of the Month for his investigation of a suspicious female who was concealing her true identity. Because of his tenacity and attention to detail, he was J. R. ".Tack" Parker, Sheriff 10 OPS 16 0112007 able to positively identify the suspect who was a wanted felon and had been on the run for over five years. (CR# 08-80596) ■ April 2008 — Corporal Jason Diogo, Deputy Michael Biecker and Deputy Brian Fritz were selected as Deputies of the Month for their involvement in the arrest of three suspects who had just committed several vehicle burglaries. (CR# 08-101666) • May 2008 — Deputy Adam Steuerwald and Deputy Brian Fritz were selected as Deputies of the Month for their arrest of a violent registered Sex Offender subsequent to a Domestic Violence incident. During this investigation, the suspect barricaded himself in an apartment and was eventually arrested without incident. (CR# 08-144319) • June 2008 — Deputy Ryan English and Deputy David Felker were selected as Deputies of the Month for their investigation and eventual arrest of a suspect who committed two occupied burglaries. As noted by their supervisor, it was through the deputies' due diligence, training, experience and knowledge of the area and residents that these cases were solved quickly and the suspect arrested. (CR# 08-170435 & 08- 170485) ■ July 2008 — Deputy Ryan English and Deputy David Felker were selected as Deputies of the Month for their intervention during an armed Domestic Violence investigation and arrest of a violent suspect. During this investigation, the deputies had to forcefully enter a secured residence where the live in boyfriend was battering his girlfriend. (CR# 08-200912) • August 2008 — Corporal William Haggerty was selected as Deputy of the Month and also named as Co -Deputy of the Year for the Brevard County Sheriffs Office for his actions in saving the life of a male who drove his vehicle into the Banana River. If not for the quick action of Corporal Haggerty and two East Precinct deputies who arrived at the scene, the male would have died. (CR# 08-226758) ■ September 2008 — Deputy Sara McLennon was selected as Deputy of the Month for her attention to detail during a burglary investigation and processing of a crime scene that resulted in a positive fingerprint match of a suspect who committed three burglaries. Without the evidence that she collected, the suspect may not have been identified and arrested for the crimes. (CR# 08-220266) ■ October 2008 — Deputy Adam Steuerwald and Deputy Michelle Jansen were selected as Deputies of the Month for their investigation and eventual arrest of a suspicious male that had committed several vehicle burglaries. (CR# 08-289878, 08-290094 & 08-290118) J. R. "Jack" Parker, Sheriff OPS 16 0112007 ■ It should be noted also during October 2008, Deputy Mitch Boshnack was nominated and named as Employee of the Year for Cape View Elementary School. ■ November 2008 — Deputy Brenda Deans was selected as Deputy of the Month for her initiation of a candy drive for the children of Cape View Elementary. Deputy Deans, during her off-duty hours organized a drive to collect and make candy bags for the kids for Halloween. This was done at no cost to the City of Cape Canaveral and the Sheriff's Office. ■ December 2008 — Corporal Harold Stafford was selected as Deputy of the Month related to two separate investigations that resulted in the arrest of three violent suspects. The first investigation, Corporal Stafford was able to locate the suspect who fled the scene of a battery. During the second investigation, Corporal Stafford located a suspect vehicle from a Home Invasion Robbery and was able to place the two suspects under arrest without incident. (CR# 08-376803) Seaport Security Operations ■ During 2008, the Brevard County Sheriff's Office, Cape Canaveral Precinct conducted at total of 15 vehicle search operations. These are outlined as follows: ■ FSS 311 Administrative Searches — 6 Operations o A total of 45 vehicles were "randomly" inspected at the North/South Intermodal Gates. Two arrests were made during this operation for narcotics possession, numerous "prohibited" items; i.e., ammunition, machetes, etc were found and resolved on-site. ■ Operation "Trojan Horse" — 9 Operations o Approximately 700 vehicles were inspected prior to export, with VIN verification and content inspection. During this operation, one (1) stolen vehicle from Georgia was discovered. Two (2) vehicles were discovered with bullet holes. The vehicles had been investigated and released by other agencies for "drive-by shootings" involving death. Numerous vehicles with outbound "undeclared" cargo were located and held for further investigation by U.S. Customs and Border Protection. J. R. "Jack" Parker, Sit eriff 12 OPS 16 0112007 M Operation "PIT Stop" — daily/ongoing o Operation "PIT Stop" is conducted as an on-going, almost daily, operation. For 2008, approximately 40 semi-tractor/trailer rigs have been inspected. To date, although no arrests have been made, approximately 20 of the truck drivers have, or had, DEA investigations and prior narcotics trafficking convictions. Summary: For 2008, BCSO personnel inspected/searched approximately 785 vehicles. Two arrests were made for narcotics possession, numerous "prohibited" items were prevented from continuing into a secured -restricted area, one stolen vehicle was recovered, and several cases of undeclared cargo for export were discovered and referred to USCBP. J. R. "Jack" Parker, Sheriff '' OPS 16 01/2007 PORT CANAVERAL SECURE AREAS ENTERTAINMENT ESTABLISHMENT STATISTICS J. R. "Jack" Parker, Sheriff 14 OPS 16 NOW a U d L H C � C 3 � v, N VD O m a� (L) o O C (13 '— U V Z a) a � U N � U _ Om ! OD N Q3 co -f3 !Y r Q OI a V) K1 N Oe4- tom! OD N N r ►, n N CL O a et ti m N N M N tN'f CC m r T- w r (n co Q N N— M O (fl Q w a w O r O r N r U m^ W Q A Co N N r� N M Q Ln � r O Oco N N c+) N O V) Q (+7 O to a w 'o a0 Q N to !- O M e- CO O OL ®^ O O N r kr) CO M co C',N N LO N O Q NN Nr Lr) O O O O MD a w 7 O N n n Cl O .-- Q N O m cl 00 O CN co co LnN m W CNV N N m 00 co ("•3 N O N 0 C) r O� a N Cl Q O N f- M O Q Co M U CL N w U -J 7 Q 7 A U C C U C O cr U U W a M 2f s s m s`�zz���c� p � (A w f0 (9 c6 C -j� m 7 Q Q L L U U U m m m o m Z U O U O u3 Q o U3 u3 � O� � aD S a � 0 p 0 oo � N� �g(D o CSU) (U EL p� _U � Q (U 2CL we 0 000 N Q LO co j� T E 5 U S3 UUUUU(n,a°U-zzc)am C � C 3 � v, N VD O m a� (L) o O C (13 '— U V Z a) a � U N � U _ Member FWda Sherlfs Association National Sheriffs Assoaation Canaveral Precinct 111 Polk Avenue Cape Canaveral, FL 32920 (321) 868-1113 (321) 784-8340 fax Criminal InvestigaWrts 340 Gus Hipp Boulevard RoGdedge,FL 32955 (321)633-8499 (321) &334403 fax East Precinct 2575 N. Courtenay Plmy, Merritt Island, FL 32953 (321) 454-6652 (321) 454-6640 fax Jail Complex 860 Camp Road Cocoa, FL 32927 (321)690-1500 (321)635-7800 fax North Precinct 700 Park Avenue rmisviile, FL 32780 (321) 264-5208 (321) 264,5,359 fax South Precinct 1515 Samo Road, Bldg B. Melbourne, FL 32935 (321) 2536658 (321) 2536666 fax special operavoes 2575 N. Courtenay Pkwy. Merritt Island, FL 32953 (321) 454$643 (321) 4546642 fax West Precinct 2725 Judge Fran Jamieson Way, Bldg. E Urera, FL 32940 (321) 633-2123 (321)633-1965 fax BREVARD COUNTY SHERIFF'S OFFICE Canaveral Precinct 111 Polk Ave. April 14, 2009 Cape Canaveral, Florida 32920 City of Cape Canaveral City Manager, Bennett C. Boucher 105 Polk Avenue, Post Office Box 326 Cape Canaveral, FL 23920 INa� tui li• www. BrevardSheriff.com (321) 868-1113 (321) 784-8340 fax Individual incident reports are available as they occur, to the C fifty Manager and Council members upon request TRAINING F—DEPUTY NAME TRAINING / COU. . RSE DESCRIPTION FROM TO AWARENESS & PREP FOR OFFICER INVOLVED AOUN, ROBERT SHOOTING 01/29/0901/29/09 NATIONAL CHILD PASSENGER SAFETY SEAT BOSHNACK, MITCHELL CERTIFICATION 02/17/0902/20/09 RETRIEVING EVIDENCE FROM ELECTRONIC STORAGE CORE, JAMES DEVICES 01/26/09 01/27/09 AWARENESS & PREP FOR OFFICER INVOLVED FRITZ, BRIAN SHOOTING 01/29/0901/29/09 K9 NARCOTICS INTERDICTION AND HIDDEN FRITZ, BRIAN COMPARTMENTS 03/04/0903/06/09 HOLMES, JASON TRAFFIC HOMICIDE INVESTIGATION 01/19/0901/30/09 HOOPER, DARREN DRUG INTERDICTION ASSISTANCE PROGRAM 01/27/0901/29/09 HOOPER, DARREN CMS INSTRUCTOR TECHNIQUES 03/02/0903/11/09 JANSEN, MICHELLE MARITIME SECURITY FOR LAW ENFORCEMENT 03/23/0903/24/09 PIKUS, SCOTT MARITIME SECURITY FOR LAW ENFORCEMENT 03/23/0903/24/09 ROSS, JOANNA BREATH TEST OPERATOR RENEWAL 02/23/0902/23/09 INVESTIGATING USE OF FORCE CASES FOR FIELD ROSS, JOANNA SUPERVISORS 02/26/0902/26/09 SCRAGG, DOUG 2009 MID -WINTER CONFERENCE 02/15/0902/18/09 AWARENESS & PREP FOR OFFICER INVOLVED STEWART, PAULETTE SHOOTING INCIDENT 01/29/0901/29/09 NATIONAL CHILD PASSENGER SAFETY SEAT WEBS -TER, CLIFF CERTIFICATION 02/17/0902/20/09 CRIME REPORT STATISTICS Wil • �• • :, f�r, it • 1, • � . • :• f .11• i'd AI t• of• t.. • -• •:•. �•_.t• f is ar.• Sincerely, J. R. "lack" Parker 1 F.11 i r. • a 2 BREVA -RD COUNTY SHERI F $OFFICE City, of Cape Canaveral,, First, Quarter Repo January, February and March, 20461,009 Jan ary February March I Qua rly Total , 2,008 2009 2009 2009 2008 2009 2009 2009aa,� . Total Calls1428 1628 14113 1679 1627 1748 4468 5055 13% Case Reports 150 114` 119 111 161 154 430 379 -12% Closed 115 72. 75 62 107 100 297 234 -21% Pending 35 42 44 49 54 54 133 145 9% Arrests 50 42 33 22 40 46 123 110 --11% Arrests arrant 18 10 20 5 7 5 46 2QA -56% Felon35 17 24 9 17 25 76 51 I 33% Misdemeanor 67 54 47 23 48 49 162 126 11 -22% 111 Juvenile8 1 4 3 0 2 12 6 -50% Adult 60 51 49 24 47 49 156 124 -21% D. U.1. 9 1 1 0 4 2 14 3 -79% Traffic Crash Reports 15 21 14 14 16 23 45 58 29% Traffic Citations Criminal 29 22 23 20 25 30 77 72 -6% Traffic Citations Non Criminal 82 127 109 93 145 165 336 385 15% Parking Tickets 9 12 30 11 70 80 109 103 -6% Waminp 73 13 73 137 65 79 211 229 9% Field Interro ation Cards 88 32 50 41 60 20 198 93 -53% Capias Requests 7 4 3 3 7 6 17 13 -24% i e e o o r o e Iq M a e e LPN ��ro r% N u0'i h Q N in to en b < V f0 O M r h N m F N N P p' h M C7 ^ re . fV m O O O O O O O O O O O O O O O O" O O !.1 N .._ .. �... N co °©f M d, Q O' ; �- O co N 1� ,�-. a7 vo n' ao N 0 0 0 0 0 0 0 0 o O d o... 0 0 0 O co C. ai r R r N ti Y7 O O v q� Z p O O O O 0.. O O O O p .. p0 O �O �. rq Q, O �V i. i 6 O O O O O O O d O O O O O O O O d M c0 O Cl O O O O O O O O d'' O O O O O . ,., O O O O O O O O O O O O O O .Q I O c�w4 o'T O rtif 4 O Y c Q o o 0 0 0 0 o a o o o 0 0 0 0 co ry d O O O O O.. O OEi co � No- _...._.._.... _. p O O � O O O O O O OI �Q( LO cm r ti N O to N OY N fD b l�j �i'� 44 ........ ,row ' ap i3Oj d O d co O O N R? ch W) {{ ' V � "'• � O � O ' O Q � N Q a � N. O N N O O C l6 C. W to 21 mic O to m tp tm 21 C N 3 x00 v E m Y1 m m m r jj 0 u j W U ° rL > m ea U U 4 Q Q iC ii -oi U 9 City Crime Statistics 1st Quarter, 2009 Burglaries Arrest Charges 60 r 60 4a �..� (� El Y o „ I M MISDEMEANOR 30 20- 0100 10- 0 January ........ __ February — _. March __ ..-.......... . Traffic Cases BREVA,RD COUNTY SHERIFF'S OFFICE Date: April 14, 2009 Titusville, Florida Memorandum To: Commander Scragg, via Chain of Command From: Sergeant Greg Shea Re: General Crimes Unit Quarterly Report — City of Cape Canaveral The following information represents activity for the months of January, February and March 2009. Returned Property Values ➢ January $5,000.00 ➢ February $2,650.00 ➢ March $3,000.00 SIGNIFICANT JANUARY CASES: CR# 09-007905: Grand Theft Auto, 310 Taylor Avenue, Cape Canaveral, Florida. Unknown suspect removed victim's 1999 Ford Contour from the parking lot area of 310 Taylor Avenue without her knowledge or permission. On 01-16- 20091 victim's vehicle was recovered by York County Sheriffs Office in South J. R "Jack" Parker, Sheriff OPS 16 01/2007 Jan Feb Mar Cases Assigned 18 28 31 Closed by Arrest/Bodies 05 03 06 Closed Unfounded 00 02 01 Closed Exceptionally 06 03 03 Closed Pending 07 10 09 Closed Non Prosecution 01 02 00 Closed Non Arrest/AOA 02 01 00 Capias Request 03 01 01 Returned Property Values ➢ January $5,000.00 ➢ February $2,650.00 ➢ March $3,000.00 SIGNIFICANT JANUARY CASES: CR# 09-007905: Grand Theft Auto, 310 Taylor Avenue, Cape Canaveral, Florida. Unknown suspect removed victim's 1999 Ford Contour from the parking lot area of 310 Taylor Avenue without her knowledge or permission. On 01-16- 20091 victim's vehicle was recovered by York County Sheriffs Office in South J. R "Jack" Parker, Sheriff OPS 16 01/2007 Carolina. The vehicle, which was found unoccupied, was returned to the victim. Recovery value $5,000.00. CR#'s 09-012596, 09-012553, 09-012598, 09-012602, 09-012599: Scheming to Defraud & Uttering a Forged Instrument, 105 Lincoln Avenue, Cape Canaveral. Suspect Patrick Todd Cannon was arrested on the listed charges subsequent to cashing five (5) stolen checks from the American Legion totaling $1,100.00. Wachovia Bank security cameras captured Mr. Cannon cashing the checks. CR# 09-026113: Discharging a Firearm in Public, and improper Exhibition of a Dangerous Weapon, 6890 N. Atlantic Avenue, Cape Canaveral. Suspect Leviticus Brown, while engaged in a physical altercation in the parking lot of "Tip -A -Few Tavern", pulled out his firearm and shot two rounds into the air. Mr. Brown defended his actions under the "Castle Doctrine". A Capias Request was completed and forwarded to the State Attorney's Office for review. CR# 09-035542: Dealing in Stolen Property, 161 Riverside Drive, Cape Canaveral. Suspect stole two (2) watches from the victim and pawned them at Beach Pawn Shop. Victim declined to prosecute; no charges filed. JANUARY ACTIVITY: 01-07-2009 GCU meeting (2008 cases that will carry over) 01-22-2009 Sergeant Shea and Agent Hearon attended the STEP meeting at East Precinct. Agent Core attended training on 01-26-2009 and 01-27-2009 relative to Retrieving Evidence from Electronic Storage Devices in Criminal Investigations. SIGNIFICANT FEBRUARY CASES: CR# 09-046357: Burglary and Aggravated Stalking, Cape Canaveral. Suspect Wesley Large was arrested on the listed charges and has a history of Domestic Violence against the victim. Victim has relocated with assistance of BCSO Victim's Advocate. CR# 09-060914: Grand Theft Auto, 220 Columbia Drive, Cape Canaveral. Victim reported his Excel motorcycle stolen by unknown suspect, from the parking lot of the listed address. The motorcycle was entered NCIC/ECIC. CR# 09-067447: Hiring or Leasing Property with Intent to Defraud, 6103 N. Atlantic Avenue, Cape Canaveral. Suspect Andrew Leaf rented fumiture and J. R "Jack" Parker, Sheriff 2 OPS 16 01/2007 electronic equipment from "Rent -A -Center", and then pawned the electronics at Beach Pawn Shop. Property, valued at $2,500.00 was recovered, however the furniture has not been recovered. CR# 09-044727: Theft and Dealing in Stolen Property, 206 Pierce Avenue, Cape Canaveral. Suspect Jeremy Lo Cicero removed victim's surfboard, valued at $50.00, from the side of his residence and pawned it at Beach Pawn Shop. Victim worked out a deal with suspect and declined to prosecute. CR# 09-035442: Burglary, Recovery of Stolen Tools, 100 Lunar Drive, Cape Canaveral. Titusville PD arrested suspects Daniel Pettus and Shane Lingerfelt for several burglaries in the Titusville area. Of the 140 tools recovered as a result of the arrest, two (2) were found to match a Cape Canaveral victim's stolen property from the listed case report. Tools valued at $100.00 were returned to the victim, however further evidence does not exist to charge the suspects with burglary/theft in this case. CR# 09-049222/ 09-030208: Scheme to Defraud, 39 Oak Manor Drive, Cape Canaveral. Suspects John Nordfors and Derrick Lyman uttered checks to the victim on a closed account. Suspect John Nordfors was arrested. A Caplas Request was completed for suspect Derrick Lyman, whose whereabouts are unknown at this time. FEBRUARY ACTIVITY: 02-05-2009 Sergeant Shea and Agent Hearon attended the STEP Meeting at East Precinct. 02-19-2009 Sergeant Shea and Agent Hearon attended the STEP Meeting at East Precinct. 02-24-2009 GCU meeting SIGNIFICANT MARCH CASES: CR# 09-077497: Failure to Register as a Convicted Felon and Exposure of Sexual Organs, Beach Access of Madison Avenue, Cape Canaveral. Suspect John David Crisp was arrested on the listed charges shortly after the exposure incident. CR# 09-080035, 09-080041, 09-080007: Uttering Counterfeit Bills, On -Site VOR, 7700 N. Atlantic Avenue, Cape Canaveral. Suspects Rudolph Sedges and Erica Santiago entered several businesses in the Cape Canaveral area and uttered or attempted to utter counterfeit US twenty dollar bills. Rudolph Sedges, currently on felony probation for uttering, was arrested. A Capias Request was filed with the State Attorney's Office for the arrest of Erica Santiago. J. R. "Jack" Parker, Sheriff 3 OPS 16 0912007 CR# 09-082923: Burglary, Grand Theft, 1 Church Lane, Cape Canaveral. Unknown suspect(s) entered the Grace Bible Church by forcing open the locks and disabling the alarm system. Once inside, suspect(s) removed items valued at $3,000.00. Approximately one week after the burglary, an unknown female returned the stolen property to the church. Investigation continues. CR# 09-093370: Burglary, Prima Facie Intent, 8779 Live Oak Court, Cape Canaveral. Suspects Mark Conrod and Stephen Conrod attempted to remove victim's shotgun from the trunk of his vehicle, however the victim caught them and called the Sheriffs Office to report the incident. Both suspects were arrested. CR# 09-093555: Armed Robbery, 8400 block of N. Atlantic Avenue, Cape Canaveral. Suspects Jeffery Lake and John Griffith, armed with a knife, grabbed the victim from behind, demanded money, as he was driving a cab northbound on N. Atlantic Avenue. The victim braked hard and jumped out of the cab. Both suspects fled on foot, however they were located with K-9 and STAR assistance. Both suspects were arrested and jailed with no bond. Victim suffered minor injuries. CR# 09-072241: Grand Theft, 8755 Palmetto Court, Cape Canaveral. Victim reported theft of several items from his residence and provided possible suspect information. Suspect denies the theft; investigation continues. CR# 09-077502: Fraudulent Use of Credit Card, 8400 N. Atlantic Avenue, Cape Canaveral. A known suspect used victim's stolen credit card at the 711 located at the listed address. Investigation continues. MARCH ACTIVITY 03-05-2009 Agent Hearon attended a crime scene class at Cocoa Police Department. 03-05-2009 Agent Hearon and Sgt Shea attended the STEP meeting at East Precinct. 03-23-2009 Agent Hearon attended the FDLE instructor update. 03-30-2009 GCU meeting (quarterly report). J. It "Jack" Parker, Sheriff 4 OPS 16 0112007 BREVARD COUNTY SHERIFF'S OFFICE Titusville, Florida Memorandum Date: March 15, 2009 To: Commander Scragg, via Chain of Command From: Sergeant Greg Shea Re: Special Operations Unit — Quarterly Report Jan — Mar 2009 COMMUNITY ACTIVITIES: ■ Bhmonthly Kiwanis meetings were attended by Deputy Boshnack ■ Deputy Boshnack attended the quarterly safety meeting for the county. • Deputy Boshnack attended monthly Brevard County Association of School Resource officers (BASRO) meetings held at Viera. Deputy Boshnack attended monthly Brevard County School Advisory Committee (SAC) meetings at Cape View Elementary School. ■ Deputy Boshnack coordinated a display of BCSO Specialty Unit vehicles and free fingerprinting for the kids at the City's Community Celebration and Community Expo hell on 03/14/09, at Manatee Park. ■ Deputy Boshnack conducted the G.R.EA.T. program to 4"' and 6f�' grades. ■ Deputy Boshnack conducted Life Skills to the 6t' grade. ■ Deputy Boshnack conducted a Bicycle Helmet and Bicycle Safety Course to the 3'ti, 4', 5', and 6' grades. • Deputy Boshnack conducted the Second Step program to the 1"', 2"d and 3`d grades. • Deputy Boshnack attended monthly PAL —Board of Directors meetings (Board member). • Deputy Webster attended the quarterly safety meeting for the City. J. R. "Jack" Parker, Sheriff OPS 16 0112007 OTHER ACTIVITIES ■ Deputy Boshnack re -certified all 3 Crossing Guards employed by the City of Cape Canaveral for 2000-2010. ■ Deputy Boshnack covered Crossing Guard duty 7 times this quarter due to the personnel shortages. CRIME PREVENTION: ■ Deputy Boshnack has conducted traffic enforcement around the main traffic intersections where the students cross the streets to get to school. ■ Deputy Webster conducted directed patrol targeting traffic, parking and beach issues during the months of January, February and March. The patrols were conducted on various days throughout the quarter. NEW PROGRAMS ■ Deputy Boshnack has started the PAL program for the youth of Cape Canaveral. It takes place every Tuesday at 6:30 pm in the City Recreation Complex. It is a team leadership program TRAINING: ■ Deputy Boshnack attended updated Tiburon training on 03/07/09. ■ Deputy Boshnack attended the National Standardized Chili Passenger Safety Training Program in Jacksonville from 03/16109 — 03/20/09. ■ Deputy Webster attended 20 hours of dive training during the quarter ■ Deputy Webster attended the National Standardized Child Passenger Safety Training Program in Jacksonville from 03/16/09 — 0320/09. J. R "Jack" Parker, Sheriff OPS 16 0112007 YARD CO'UN'TYSHERIFF'S OiFFICE, City of Cape Canaveral, Special Operations First Quader danauaty, February, March 2009 Webster Boshnack Total Total Calls 184 37 221 Case Reports 2 1 3 Arrests 1 0 1 Arrests Warrant 1 0 1 Felony 0 0 0 Misdemeanor 1 0 1 D.U.I. 0 0 0 Traffic Crash Reports 10 0 10 Traffic Citations (Criminal) 5 0 5 Traffic Citations (Non Criminal) 65 0 65 Parking Tickets 0 0 0 Warnings 62 0 62 Field Interrogation Cards 0 0 0 City Complaints o 0 0 Traffic Enforcement 73-E 0 20 20 Special Operation Details o 1 1 Communit Events/Meetings 1 0 27 1 27 *** The total calls are taken from personal records since there is no way to retrieve records from Bullet after 2/19108 due to the change in the CAD system.