HomeMy WebLinkAboutcocc_council_mtg_Packet 09-27-2005 SpecialCity of Cape Canaveral
CITY COUNCIL SPECIAL MEETING
CITY HALL ANNEX
Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 27, 2005
5:30 P.M.
AGENDA
RESOLUTION:
Resolution No. 2005-31; Adopting the Final Millage for Fiscal Year 2005/2006.
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 2005/ 2006 ON ALL TAXABLE
PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
2. Resolution No. 2005-32; Authorizing an Addendum to the Agreement for Fire
Protection and Emergency Medical Services.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; AUTHORIZING AN ADDENDUM TO THE AGREEMENT 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.
3. Resolution No. 2005-33; Authorizing an Addendum to the Agreement for Law
Enforcement Services.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; AUTHORIZING AN ADDENDUM TO THE CONTRACT 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.
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
FP7g
CocilSpecial Meeting Agenda
temr272005
e 2
ORDINANCE: Second Public Hearing:
4. Ordinance No. 17-2005: Adopting the Annual Budget for Fiscal Year 2005/2006.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE
FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS
BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005, AND
ENDING SEPTEMBER 30,2006; 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 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 Clerk's office (868-1221) 48 hours in advance of the
meeting.
Meeting Type: Special
Meeting Date: 09-27-05
AGENDA
Heading
Resolutions
Item
j
No.
• Beautification 0.3680
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2005-31, ADOPTING A MILLAGE RATE FOR THE LEVY OF AD
VALOREM TAXES FOR FISCAL YEAR 2005/06
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2005-31, adopting a millage rate for the levy of ad valorem
taxes for the Fiscal Year 2005/06 on all taxable property located within the City of Cape Canaveral.
Summary Explanation & Background:
The total millage rate is 3.000 mills; last year's tax rate was 3.3740.
Summary of tax rates:
• Beautification 0.3680
• Library 0.0500
• Fire/Rescue 1.0200
• Police 1.5620
TOTAL 3.0000
Exhibits Attached:
Resolution No. 2005-31
City Man a ffice
Department
cape- in\mydo ents in\council meeting 4-09509-27-05\2005-31
6..
RESOLUTION NO. 2005-31
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 2005/2006 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 3.000 mills on the
dollar of taxable value for the 2005/2006 fiscal year for the City of Cape Canaveral, Florida. This
millage is a 11.16% increase from the rolled back rate of 2.6988.
Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a millage rate of .3680 mill for the Beautification Dependent Special District, as
City of Cape Canaveral. Florida
Resolution No. 05-31
Page 2
approved in the 1986 referendum election. This ad valorem tax shall be levied upon the 2005 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, 2005 and ending
September 30, 2006.
Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a millage rate of .0500 mill for the Library Dependent Special District, as
approved in the 1985 referendum election. This ad valorem tax shall be levied upon the 2005 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, 2005 and ending
September 30, 2006.
Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a millage rate of 1.0200 mills for Fire/Rescue Service General Operating Millage,
as approved in the 1990, 1994 and 2001 referendum elections. This ad valorem tax shall be levied
upon the 2005 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, 2005 and
ending September 30, 2006.
Section 5. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a millage rate of 1.5620 mills for Police Protection General Operating Millage, as
approved in the 1990, 1994 and 2002 referendum elections. This ad valorem tax shall be levied
upon the 2005 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, 2005 and
ending September 30, 2006.
Section 6. This Resolution shall become effective immediately upon its adoption.
City of Cape Canaveral, Florida
Resolution No. 05-31
Page 3
ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida,
this 27th day of September, 2005.
ATTEST:
Rocky Randels, Mayor
Name For Against
Susan Stills, City Clerk Burt Bruns
Robert Hoog
James Morgan
Buzz Petsos
Rocky Randels
Approved as to Form:
Anthony A. Garganese, City Attorney
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E—
CITY COUNCIL SPECIAL MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
WEDNESDAY
September 7, 2005
5:30 P.M.
MINUTES
Roll Call: The Chair called the meeting to order at 5:33 P.M.
Council Members Present:
Council Member
Burt Bruns
Mayor Pro Tem
Bob Hoog
Council Member
Buzz Petsos
Mayor
Rocky Randels
Council Members Absent:
Council Member Jim Morgan
Others Present:
City Manager
Bennett Boucher
City Clerk
Susan Stills
City Treasurer
Andrea Bowers
Building Official
Todd Morley
Public Works Director
Ed Gardulski
Recreation Director
Nancy Hanson
CCVFD, Fire Chief
Dave Sargeant
RESOLUTION:
Mayor Randels listed the dates of the Budget Workshop meetings as:
1. Resolution No. 2005-26; Adopting the Proposed Millage for Fiscal Year
2005/2006.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, ADOPTING A PROPOSED MILLAGE RATE FOR THE LEVY OF AD
VALOREM TAXES FOR FISCAL YEAR 2005/ 2006 ON ALL TAXABLE PROPERTY
LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Randels read the Resolution No. 2005-26 in its entirety.
City of Cape Canaveral, Florida
City Council Special Meeting
September 7, 2005
Page 2 of 5
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 3.000 mills on
the dollar of taxable value for the 2005/2006 fiscal year for the City of Cape Canaveral,
Florida. This millage is a 11.16% increase from the rolled back rate of 2.6988.
Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby
adopts and imposes a proposed millage rate of .3680 mill for the Beautification
Dependent Special District, as approved in the 1986 referendum election. This
proposed ad valorem tax shall be levied upon the 2005 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, 2005 and ending September 30,
2006.
Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby
adopts and imposes a proposed millage rate of .0500 mill for the Library Dependent
K:\CityClk\Minutes\SPECIAL\2005\Tentative Millage and Budget Hearing 09-07-05.doc
City of Cape Canaveral, Florida
City Council Special Meeting
September 7, 2005
Page 3 of 5
Special District, as approved in the 1985 referendum election. This proposed ad
valorem tax shall be levied upon the 2005 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, 2005 and ending September 30, 2006.
Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby
adopts and imposes a proposed millage rate of 1.0200 mills for Fire/Rescue Service
General Operating Millage, as approved in the 1990, 1994 and 2001 referendum
elections. This proposed ad valorem tax shall be levied upon the 2005 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, 2005 and ending
September 30, 2006.
Section 5. The City of Cape Canaveral, Brevard County, Florida, hereby
adopts and imposes a proposed millage rate of 1.5620 mills for Police Protection
General Operating Millage, as approved in the 1990, 1994 and 2002 referendum
elections. This proposed ad valorem tax shall be levied upon the 2005 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, 2005 and ending
September 30, 2006.
Section 6. This Resolution shall become effective immediately upon its
adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County,
Florida, this 7th day of September, 2005.
K:\CityClk\Minutes\SPECIAL\2005\Tentative Millage and Budget Hearing 09-07-05.doc
City of Cape Canaveral, Florida
City Council Special Meeting
September 7, 2005
Page 4 of 5
Mayor Randels clarified that the Tentative Proposed Millage was adopted at
3.188 mills; however the Council requested to lower the millage rate to 3.0 mills.
Ms. Bowers informed that the total fuel costs were $14,430 from the General
Fund, Beautification Fund and Sewer Enterprise Fund. Mr. Boucher reported
that Mr. Morgan spoke in favor of the adopting the Budget.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Adopt Resolution No. 2005-26. The vote on the motion carried 4-0 as follows:
Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor
Randels, For.
FIRST PUBLIC HEARING:
ORDINANCE:
2. Ordinance No. 17-2005: Adopting the Annual Budget for Fiscal Year
2005/2006.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
ADOPTING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, SPECIAL
REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2005, AND ENDING SEPTEMBER 30, 2006;
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Randels read Ordinance No. 17-2005 in its entirety.
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, 2005, and ending September
30, 2006, 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, Brevard County,
Florida, this day of 12005.
K:\CityClk\Minutes\SPECIAL\2005\Tentative Millage and Budget Hearing 09-07-05.doc
City of Cape Canaveral, Florida
City Council Special Meeting
September 7, 2005
Page 5 of 5
Council commended staff on their work toward the Budget. Mayor Randels noted
anticipated amendments to the Budget in light of current gas price increases.
There was no public comment.
A motion by Mr. Petsos and seconded by Mr. Bruns to Adopt Ordinance No. 17-
2005 at First Reading. The vote on the motion carried 4-0 as follows: Mr. Bruns,
For; Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For.
Ms. Bowers announced that the Budget Advertisement would be published on September
22"d and a Final Budget Hearing is scheduled for September 27th at 5:30 P.M.
ADJOURNMENT:
There being no further business, the Chair adjourned the meeting at 5:50 P.M.
Rocky Randels, MAYOR
Susan Stills, CITY CLERK
K:\CityClk\Minutes\SPECIAL\2005\Tentative Millage and Budget Hearing 09-07-05.doc
Meeting Type: Special
Meeting Date: 09-27-05
AGENDA
Heading
Resolutions
Item
2
No.
I recommend approval.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2005-32, AUTHORIZING AN ADDENDUM TO THE AGREEMENT
FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2005-32, authorizing an addendum to the agreement for fire
protection and emergency medical services with the Cape Canaveral Volunteer Fire Department, Inc., in the amount
of $929,408.
Summary Explanation & Background:
The service level was reviewed by City Council during the budget workshops as recommended by the fire chief.
I recommend approval.
Exhibits Attached:
Resolution No. 2005-32; Addendum
City Mana tEice_--,y%
Department LEGISLATIVE
cape- im\myd cum s admin\counci -Tmeting\2005\09-27-05\2005-32
doc
RESOLUTION NO. 2005-32
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE
AGREEMENT 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 26,
1997; and
WHEREAS, said Contract contains a ten (10) year term commencing on October 1,
1997, 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 Addendum to
the Contract for Services between the City of Cape Canaveral and the Cape Canaveral
Volunteer Fire Department, Inc. to provide for a revision of the base contract price for the
contract year October 1, 2005 through September 30, 2006. A copy of said Addendum 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. 2005-32
Page 2
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 27th day
of September. 2005.
ATTEST:
Rocky Randels, MAYOR
Burt Bruns
o -s ...
Susan Stills, CITY CLERK Jim Morgan
Buzz Petsos
APPROVED AS TO FORM:
Rocky Randels
Anthony Garganese, CITY ATTORNEY
FOR AGAINST
ADDENDUM
THIS ADDENDUM is entered into this 27th day of September, 2005 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 26, 1997 ("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, 2005 through September 30, 2006.
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 $929,408. The
compensation provided for herein shall be paid monthly in the sum of
Cape Canaveral Volunteer Fire Department
Addendum to Contract
2005/2006
Page 2
$77,450.66 per month commencing on the first day of October, 2005 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. The City further agrees that upon declaration of a
federal disaster by the President of the United States or other state of
emergency, declared by the Governor of the State of Florida, the CITY
agrees to fund the additional personnel, overtime, capital and operational
expenses, incurred by Corporation during the declaration period for the
benefit of the CITY.
Any State or Federal aid sought in relief for such disasters or emergencies
shall be the responsibility of the CITY. The Corporation will provide
documentation for all expenditures incurred during the declaration period.
The City shall reimburse the Corporation upon receipt of a detailed invoice
of all emergency expenditures. "
3. Continuing Effect. Except as modified by this Addendum, the Contract
shall remain in full force and effect.
Cape Canaveral Volunteer Fire Department
Addendum to Contract
2005/2006
Page 3
IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANVERAL, by its
duly authorized officer, has executed this instrument this day of
2005.
CITY OF CAPE CANAVERAL, FLORIDA
A municipal corporation
In
ATTEST:
Susan Stills, CMC
CITY CLERK
(Corporate Seal)
Rocky Randels, MAYOR
Cape Canaveral Volunteer Fire Department
Addendum to Contract
2005/2006
Page 4
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 )2005.
CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., a non-profit
Corporation
President
ATTEST:
Secretary
(Corporate Seal)
Meeting Type: Special
Meeting Date: 09-27-05
AGENDA
Heading
Resolutions
Item
3
No.
office hours.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2005-33, AUTHORIZING A CONTRACT FOR MUNICIPAL LAW
ENFORCEMENT SERVICES WITH SHERIFF J.R. "JACK" PARKER
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider adoption of Resolution No. 2005-33, authorizing a contract for municipal law enforcement
services with Sheriff J.R. "Jack" Parker in the amount of $2,277,039.00
Summary Explanation & Background:
The level of service was reviewed by City Council during the budget workshops. The contract for service reflects
increased staffing for a school resource officer, motorcycle patrol officer and additional desk clerks for extended
office hours.
The term is four years, with annual renewal options.
I recommend approval.
Exhibits Attached:
Resolution No. 2005-33; Contract
City Manager' ;Office
Department
cape- im\m d is\admin\council\meeting\2005\09-27-05\2005-33.doc
RESOLUTION NO. 2005-33
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; AUTHORIZING A CONTRACT 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 four (4) year term commencing on October 1,
2005, 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 a Contract for
Municipal Law Enforcement Services between the City of Cape Canaveral and the Sheriff
to provide services for the contract year October 1, 2005 through September 30, 2006. A
copy of said contract 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.
SIGNATURE PAGE FOLLOWS:
City of Cape Canaveral, Florida
Resolution No. 2005-33
Page 2
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 27th of
September, 2005.
Rocky Randels. MAYOR
ATTEST: FOR AGAINST
14MI-XI-To A.
Jim Morgan
Susan Stills, CITY CLERK Buzz Petsos
Rocky Randels
APPROVED AS TO FORM:
Anthony Garganese, CITY ATTORNEY
CAPE CANAVERAL LAW ENFORCEMENT CONTRACT
2005-2009
This Agreement made and entered into this day of , 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 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 17
Law Enforcement Contract
Fiscal Year 2005-2006
Wednesday, September 21, 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 30tH
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 17
Law Enforcement Contract
Fiscal Year 2005-2006
Wednesday, September 21, 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/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.
1.10 Patrol: The actual patrolling of Cape Canaveral by the SHERIFF through
his deputies, and attending to an observed or reported incident or
availability to provide law enforcement services.
1.11 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.
1.12 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 17
Law Enforcement Contract
Fiscal Year 2005-2006
Wednesday, September 21, 2005
1.13 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 1.5.
1.14 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 City Ordinances; pro -active
patrol to deter criminal activity; and traffic patrol to enforce traffic laws and
prevent traffic accidents.
1.15 Shift: Service provided on an eight, ten or twelve hour basis (assigned at
the discretion of the SHERIFF or designee) based on operational needs.
1.16 Special Investigations Agent: a sworn law enforcement officer whose
primary duties are the investigation of crimes related to narcotics,
controlled substances, prostitution and gambling.
1.17 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.
1.18 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 President of the United States.
1.19 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.
City of Cape Canaveral Page 4 of 17
Law Enforcement Contract
Fiscal Year 2005-2006
Wednesday, September 21, 2005
ARTICLE II, LEVEL OF LAW ENFORCEMENT SERVICE:
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 Cape Canaveral
Jurisdictional Area. 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 Cape Canaveral 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 Cape Canaveral, 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 City Ordinances, 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 Cape Canaveral at a time with less than one year of experience
as a law enforcement officer.
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 their delegate
City of Cape Canaveral Page 5 of 17
Law Enforcement Contract
Fiscal Year 2005-2006
Wednesday, September 21, 2005
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 Cape Canaveral 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 w+N
supply a quarterly report to keep the City Manager informed of BCSO's
activities within the City.
3.0 As a nationally accredited law enforcement organization the BSCO 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.
City of Cape Canaveral Page 6 of 17
Law Enforcement Contract
Fiscal Year 2005-2006
Wednesday, September 21, 2005
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.
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 SUGh to the City Mana an annual
inventory report to the City Manager by September 3oth of each fiscal year
City of Cape Canaveral Page 7 of 17
Law Enforcement Contract
Fiscal Year 2005-2006
Wednesday, September 21, 2005
4.4 AdditiGRal 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 eF his/her designee.
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, telephone 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 17
Law Enforcement Contract
Fiscal Year 2005-2006
Wednesday, September 21, 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.
fifteeR days atter the fifth day of the ME)Rth well be s bjeGt to a five peFGent
0
) SUFGhaFge.
City of Cape Canaveral Page 9 of 17
Law Enforcement Contract
Fiscal Year 2005-2006
Wednesday, September 21, 2005
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.
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 1 st 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.
City of Cape Canaveral Page 10 of 17
Law Enforcement Contract
Fiscal Year 2005-2006
Wednesday, September 21, 2005
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
9.1 Upon declaration of a federal disaster by the President of the United
States 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 emeraencv 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 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 are granted paid administrative
leave and, in addition, shall be paid as follows:
9.2.1.1 Employees 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 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.
City of Cape Canaveral Page 1 1 of 17
Law Enforcement Contract
Fiscal Year 2005-2006
Wednesday, September 21, 2005
9.2.2 Employees 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.
9.2.3 Employees who are on a pre -approved leave or regularly
scheduled day off durina the declared emeraencv aeriod 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.
City of Cape Canaveral Page 12 of 17
Law Enforcement Contract
Fiscal Year 2005-2006
Wednesday, September 21, 2005
11.3 The CITY assumes all risk of loss not covered by insurance.
ARTICLE XII. FORFEITURE FUNDS
12.1 The SHERIFF agrees that within the provisions of Florida Statute Chapter
932, proceeds collected from operations originating by Deputy Sheriffs
assigned to and within Cape Canaveral pursuant to the Florida
Contraband Forfeiture Act will be utilized to enhance law enforcement
operations within Cape Canaveral.
12.2 Proceeds collected will be distributed as follows:
12.2.1 Monies. of not more than $50.000. seized pursuant to Brevard
County Sheriff's Office law enforcement operations within the City
of Cape Canaveral, upon forfeiture, will be awarded to the City of
Cape Canaveral less the attorney fees. Such monies awarded to
the City of Cape Canaveral will be utilized for law enforcement
services, as specified by FSS 932, within the City of Cape
Canaveral.
12.2.2 Monies, exceeding $50,000, seized pursuant to Brevard County
Sheriff's Office law enforcement operations within the City of Cape
Canaveral will be disbursed, less attorney fees, as follows: Upon
forfeiture, the first $50,000 will be awarded to the City of Cape
Canaveral. Monies in excess of $50,000 will be distributed pro rata
in relationship to the percentage of the assigned Deputy Sheriffs
from Canaveral Precinct to the number of Brevard County funded
Deputy Sheriffs assigned to the operation. Such monies awarded
to the City of Cape Canaveral will be utilized for law enforcement
services, as specified by FSS 932, within the City of Cape
('nnwcral
12.2.3 Monies, exceeding $10,000, seized pursuant to Brevard County
Sheriff's Office law enforcement operations outside the City of
Cape Canaveral with the participation of Deputy Sheriffs assigned
to the City of Canaveral will be distributed pro rata in relationship to
City of Cape Canaveral Page 13 of 17
Law Enforcement Contract
Fiscal Year 2005-2006
Wednesday, September 21, 2005
the percentage of the assigned Deputy Sheriffs from Canaveral
Precinct to the number of Brevard County funded Deputy Sheriffs
assigned to the operation. Such monies awarded to the City of
Cape Canaveral will be utilized for law enforcement services, as
specified by FSS 932, within the City of Cape Canaveral.
12.3 Properties taken in contraband forfeiture cases within the City of Cape
Canaveral shall be forfeited to the use of the City. Should the City
accept the forfeited property, the City shall assume all legal costs related
to the forfeiture. Should the City refuse to accept the forfeited property,
the Sheriff may elect to transfer the property to the Sheriff's Office or
may sell the property, whereupon all proceeds will be the sole property
of the Sheriff.
12.4 Sheriff shall supply documentation of awarded and recovered
investigative fees, on a monthly basis as provided by Clerk of the Court.
Payment 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
tFansfeF Fifteen Thousand ($15,000) The CITY upon request of the SHERIFF,
may 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
City of Cape Canaveral Page 14 of 17
Law Enforcement Contract
Fiscal Year 2005-2006
Wednesday, September 21, 2005
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 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 SHERIFF: Brevard County Sheriff's Office
Attn: J. R. "Jack" Parker, Sheriff
700 Park Avenue
Titusville, Florida 32780
To CITY: City of Cape Canaveral
Attn: City Manager
105 Polk Avenue
Cape Canaveral, Florida 32920
City of Cape Canaveral Page 15 of 17
Law Enforcement Contract
Fiscal Year 2005-2006
Wednesday, September 21, 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 17
Law Enforcement Contract
Fiscal Year 2005-2006
Wednesday, September 21, 2005
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
ATTEST:
J. R. "Jack" Parker, Sheriff
MAYOR OF THE CITY OF
CAPE CANAVERAL, FLORIDA
Rocky Randels, Mayor
Approved as to form and content:
Charles Ian Nash, Legal Counsel for
Sheriff J.R. "Jack" Parker
Date:
City of Cape Canaveral Page 17 of 17
Law Enforcement Contract
Fiscal Year 2005-2006
Wednesday, September 21, 2005
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Meeting Type: Special
Meeting Date: 09-27-05
AGENDA
Heading
Ordinances -2°a Reading
Item
4
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 17-2005, ADOPTING THE ANNUAL GENERAL FUND, SEWER
ENTERPRISE FUND, STORMWATER ENTERPRISE FUND, SPECIAL REVENUE
FUNDS, AND EXPENDABLE TRUST FUNDS FOR THE FISCAL YEAR OCTOBER,
2005
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider adoption of Ordinance No. 17-2005, 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, 2005 and ending September 30, 2006.
Summary Explanation & Background:
This ordinance adopts the annual budget.
Exhibits Attached:
Ordinance No. 17-2005; Budget Change Summary; Annual Budget
City Manager's Office
Department
ca im\ dog s\admin\concil\meeting\2005\17-2005\17-2005.doc
ORDINANCE NO. 17-2005
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, 2005,
AND ENDING SEPTEMBER 30, 2006; 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, 2005, and ending September 30, 2006, 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 day
of _September, 2005.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Susan Stills, CITY CLERK Robert Hoog
James Morgan
Buzz Petsos
APPROVED AS TO FORM:
Rocky Randels
Anthony A. Garganese, CITY ATTORNEY
First Reading:
Second Reading:
C:ADocuments and SettingsVbennettb.CITYOFCAPECANAVALocal Settings\Temporary Internet
Files\OLK9\ORD#17-2005 BUDGET ADOPTION.doc
City of Cape Canaveral
2005/06 PROPOSED BUDGET ADJUSTMENTS
Original New
Proposed Budget Budget
Line Item Account Name Balance Amend. Balance
n. ..
General Fund
Amended General Fund Revenue (152,917)
Legislative
001-1-511.2400 Worker Compensation
Amended Legislative Expenditures 81
General Fund Revenue
001-311.1110
AD VALOREM - POLICE (1.5620 MILLS)
001-311.1120
AD VALOREM - FIRE (1.0200 MILLS)
001-335.1212
STATE SALES TAX REVENUE SHARE
001-335.1220
MUNICIPAL GAS TAX
Amended General Fund Revenue (152,917)
Legislative
001-1-511.2400 Worker Compensation
Amended Legislative Expenditures 81
Amended Administration Expenditures 10,593
Planning & Zoning
001-3-515.1200
Administration
001-2-513.1100
Executive Salaries
001-2-513.1400
Overtime
001-2-513.2100
FICA Taxes
001-2-513.2200
Retirement Contribution
001-2-513.2300
Life & Health Insurance
001-2-513.2400
Worker Compensation
001-2-513.4500
General Insurance
001-2-513.5240
Fuel
Amended Administration Expenditures 10,593
Planning & Zoning
001-3-515.1200
Salaries & Wages
001-3-515.1400
Overtime
001-3-515.2100
FICA Taxes
001-3-515.2200
Retirement Contribution
001-3-515.2400
Worker Compensation
001-3-515.3400
Legal Services
Amended P & Z Expenditures 8,310
Amended Public Safety Expenditures 57,922
1,705,788
Public Safety
001-4-521.1200
Regular Salaries & Wages
001-4-521.2100
FICA Taxes
001-4-521.2400
Worker Compensation
001-4-521.3400
Police Service Contract
001-4-521.4500
General Insurance
001-4-521.6400
Capital Equipment
Amended Public Safety Expenditures 57,922
1,705,788
(178,153)
1,527,635
994,231
3,328
997,559
170,000
17,998
187,998
70,000
3,910
73,910
69 81 150
274,941
6,992
281,932,
4,191
42
4,233
21,354
538
21,892.
18,058
478
18,5361
34,598
(722)
33,876
1,485
915
2,400
4,300
2,200
6,500
300
150
450
14,724
144
14,868
3,632
36
3,668
1,404
14
1,418
1,031
10
1,041
600
6
606
20,000
8,100
28,100
22,883
225
23,108
1,751
17
1,768
1,833
18
1,851
2,013,483
43,437
2,056,920
15,000
2,000
17,000
155,554
12,225
167,779
City of Cape Canaveral
2005/06 PROPOSED BUDGET ADJUSTMENTS
Line Item
Account Name
Original
Proposed
Balance
Budget
Amend.
New
Budget
Balance
001-7-541.1200
Building Department
291,576
2,858
294,434
001-6-524.1200
Salaries & Wages
219,172
2,149
221,321
001-6-524.1400
Overtime
2,834
28
2,862
001-6-524.2100
FICA Taxes
16,983
167
17,150
001-6-524.2200
Retirement Contribution
15,342
150
15,492
001-6-524.2400
Worker Compensation
16,727
(4,727)
12,000
001-6-524.3400
Contract Services
6,435
957
7,392
001-6-524.5200
Operating Supplies
8,150
10,000
18,150
001-6-524.5240
Fuel
900
450
1,350
Amended Building Dept. Expenditures 9,174
Amended Street Department Expenditures 9,054
Street Department
001-7-541.1200
Salaries & Wages
291,576
2,858
294,434
001-7-541.1400
Overtime
2,105
20
2,125
001-7-541.2100
FICA Taxes
22,467
220
22,687
001-7-541.2200
Retirement Contribution
20,410
200
20,610
001-7-541.4500
General Insurance
16,144
1,856
18,000
001-7-541.5240
Fuel
10,100
3,900
14,000
Amended Street Department Expenditures 9,054
Amended Recreational Dept Expenditures (7,421)
Recreation Department
001-11-572.1200
Salaries & Wages
172,688
1,693
174,381
001-11-572.1400
Overtime
1,684
17
1,701
001-11-572.2100
FICA Taxes
13,339
131
13,470
001-11-572.2200
Retirement Contribution
11,098
(3,492)
7,606
001-11-572.4500
General Insurance
6,000
2,000
8,000
001-11-572.5240
Fuel
460
230
690
001-11-572.6310
Manatee Park
19,400
(8,000)
11,400
Amended Recreational Dept Expenditures (7,421)
Amended Community Appearance Expenditures 311
Community Appearance
001-12-515.1200
Salaries & Wages
12,982
127
13,109
001-12-515.1400
Overtime
2,664
26
2,690
001-12-515.2100
FICA Taxes
1,197
12
1,209
001-12-515.2200
Retirement Contribution
909
9
918
001-12-515.2400
Worker Compensation
763
137
900
Amended Community Appearance Expenditures 311
Amended Code Enforcement Expenditures 5,843
Code Enforcement
001-9-529.1200
Salaries & Wages
55,874
548
56,422
001-9-529.1400
Overtime
8,223
80
8,303
001-9-529.2100
FICA Taxes
4,903
49
4,952
001-9-529.2200
Retirement Contribution
3,911
39
3,950
001-9-529.2400
Worker Compensation
5,460
590
6,050
001-9-529.4500
General Insurance
1,500
3,000
4,500
001-9-529.5200
Operating Supplies
1,900
1,337
3,237
001-9-529.5240
Fuel
400
200
600
Amended Code Enforcement Expenditures 5,843
City of Cape Canaveral
2005/06 PROPOSED BUDGET ADJUSTMENTS
Original New
Proposed Budget Budget
Line Item Account Name Balance Amend. Balance
Non -Departmental
001-17-901.9900 Contingency
349,845
(246,782)
103,063
Amended Non -Departmental Expenditures (246,782)
Amended General Fund Revenues
(152,917)
Amended General Fund Expenditures
(152,917)
Library Fund
Revenues
104-311.1000 Ad Valorem Taxes (.0500 Mil)
48,737
163
48,900
Amended Library Fund Revenues 163
Expenditures
104-23-571.9900 Contingency
-
163
163
Amended Library Fund Expenditures 163
Beautification Fund
Revenues
105-300.1000 Cash Forward
209,500
20,000
229,500
105-311.1000 Ad Valorem Taxes (.3680 Mil)
358,703
1,201
359,904
Amended Beautification Fund Revenues 21,201
Expenditures
105-15-541.1200 Salaries & Wages
40,938
402
41,340
105-15-541.2100 FICA Taxes
3,132
30
3,162
105-15-541.2200 Retirement
2,866
28
2,894
105-15-541.2400 Worker Compensation
1,669
(405)
1,264
105-15-541.4500 General Insurance
2,200
900
3,100
105-15-541.5240 Fuel
1,500
2,000
3,500
105-15-541.9900 Contingency
557
18,246
18,803
Amended Beautification Fund Expenditures 21,201
Line Item
City of Cape Canaveral
2005/06 PROPOSED BUDGET ADJUSTMENTS
Account Name
Capital Expansion
Revenues
302-300.1010 Cash Forward -Police
302-300.1040 Cash Forward -Parks & Recreation
Amended Capital Expansion Fund Revenues
Expenditures
302-26-521.6000 Capital Exp. -Police
302-26-522.9900 Contingency -Fire
22,290
Original New
Proposed Budget Budget
Balance Amend. Balance
16,475 26,790 43,265
14,500 (4,500) 10,000
36,975 26,790 63,765
5,000 (100) 4,900
Amended Capital Expansion Fund Expenditures 26,690
'"The Capital Expansion Budget as printed in Proposed was not in balance. The above entries balance the Fund's budget.
Sewer Enterprise Fund
Amended Sewer Enterprise Fund Expenditures 27,358
Stormwater Enterprise Fund
Revenues
403-18-538.1200
Salaries & Wages
403-18-538.2100
401-300.1000
Cash Forward
219,383
27,358
246,741
Amended Sewer
Enterprise Fund Revenues
27,358
Contingency
1,500
-
Expenditures
1,228
401-10-535.1100
Executive Salaries
122,298
15,683
137,981
401-10-535.1200
Salaries & Wages
716,985
7,029
724,014
401-10-535.1400
Overtime
9,709
95
9,804
401-10-535.2100
FICA Taxes
65,268
1,748
67,016
401-10-535.2200
Retirement Contribution
58,750
390
59,140
401-10-535.2300
Life and Health Insurance
158,034
1,773
159,807
401-10-535.2400
Worker Compensation
36,491
(11,741)
24,750
401-10-535.4500
General Insurance
81,710
37,433
119,143
401-10-535.5240
Fuel
6,000
2,500
8,500
401-10-535.6400
Capital Equipment
166,600
(16,000)
150,600
401-19-901.6310
Collection System Improvements
30,000
95,000
125,000
401-19-901.9900
Contingency
117,427
(106,552)
10,875
Amended Sewer Enterprise Fund Expenditures 27,358
Stormwater Enterprise Fund
Amended Stormwater Enterprise Fund Expenditures
42,640
Expenditures
403-18-538.1200
Salaries & Wages
403-18-538.2100
FICA Taxes
403-18-538.2200
Retirement Contribution
403-18-538.2400
Worker Compensation
403-18-538.5240
Fuel
403-18-538.9900
Contingency
Amended Stormwater Enterprise Fund Expenditures
42,640
1,280
43,920
3,262
98
3,360
2,985
89
3,074
5,695
(3,195)
2,500
1,000
500
1,500
-
1,228
1,228