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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 44% 44} 4A 4HI z O a W x W Q LLL CO W 2 O x W x U) U) LU J y W Q O M M LO CO z M Q O L0 N 0 O >wx O 2 ❑ O Q LL F- LU 4a 6ck Q 69- O O vii o m 0 v 06 ti �r 00 W m le ~ O CG p Q ti w CO o O 00 M co O W > N F J O T- ❑ x c J W0� M Q am O!� m W O J W N N O E— O a N O O z �} ; � (L r r O O L7 W Q W z C m 00 N m M LO co U) W Q O LJJ c M U <Eo W >Lr= ❑ O p a LL C LL1 a. N vM o o x W co c0Nt w M co co O LL p O -i m � in CF) N v cla a J Q Q ~ > Z � to LU 'J w Q' Co O O cc o co 0 O Co v a x n J ti N co O I- M a z a 0 LL y O z Q N 0 O O 2 F- LU Q J U J W F J J W0� H Q am O!� m W O J d 6L m 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 �1� G% V N N N M N 00 (D 00 w m N O 00 m O M M M O M 00 0 Cl L(� O cc Cl N C M OMMOOti vcfl�. 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C) 0 C-4 Cr amok% 0 C*4 LL CD CY) CD cle) Ce) T— CY) CO CO LO LO CN C) T - z LU 0') N LO cD rl- CY) CY) CY) 0 C\l CY) (6 a) 0� N7— CY) rQ U) LU cCf ui F- tQ 5 Ln 0 0 0 0 Lu 4D 04 m LL D Ln ...... C) 0 C-4 Cr amok% 0 C*4 LL ........... OW: 0 L) 0 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