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HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-111Temp. Reso. #13676 — 8/26/21 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2021- 11 ( A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A BROWARD SHERIFF'S OFFICE PERMIT APPLICATION FOR SPECIAL DETAILS AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE PERMIT APPLICATION FOR POLICE SERVICES TO BE USED BY THE PARKS AND RECREATION DEPARTMENT IN AN AMOUNT NOT TO EXCEED $89,200 IN FY22, OCTOBER 1, 2021-SEPTEMBER 30, 2022, APPROVING FUNDING FROM THE APPROPRIATE PARKS AND RECREATION ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 28, 2020, the City Commission of the City of Tamarac, Florida, approved an Agreement for Police Services between the City of Tamarac and the Broward Sheriffs Office for a five year period with the option for one five year renewal effective October 1, 2020, through September 30, 2025 approved by Resolution R-2020- 093; and WHEREAS, Section 36 c. of the Agreement, Special Details Services, provides that the Broward Sheriffs Office is authorized to administer a program that allows public and private entities to contract for the services of sheriff's deputies during off -duty hours; and Temp. Reso. #13676 — 8/26/21 Page 2 of 4 WHEREAS, per paragraph 8 of the Terms and Conditions of the Permit Application (Exhibit 1) for Special Details, attached hereto as Exhibit "1 ", the minimum charge for each deputy sheriff on any Special Detail will be for three (3) hours of service, at the usual detail charge of $43.00 (rate effective February 6, 2016); specialized or motorized detail equipment will incur additional charges as noted in paragraph 8 of the Terms and Conditions of the Permit Application for Special Details; and WHEREAS, in an effort to maintain safety in our parks and recreation facilities, programs, and events, certain police services are required by the Parks and Recreation Department; and WHEREAS, the Broward Sheriffs Office has been providing such needed services to Parks and Recreation as required; and WHEREAS, funds exist in the appropriate Parks and Recreation accounts entitled "Other Contractual Services - Police Protection", "Events" and "July 4th Celebration", Multicultural Festival and Tamarac Village events; and WHEREAS, the Parks and Recreation Director and the Purchasing and Contracts Manager recommend approval and execution of a Broward Sheriffs Office Permit Application for Special Details, to be used by the Parks and Recreation Department for police services for City of Tamarac parks and recreation facilities in an amount not to exceed $89,200 in FY 22; and Temp. Reso. #13676 — 8/26/21 Page 3 of 4 WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve and execute a Broward Sheriffs Office Permit Application for Special Details to be used by the Parks and Recreation Department for police services for City of Tamarac parks and recreation facilities in an amount not to exceed $89,200 in FY 22. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA- SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All exhibits attached hereto are hereby incorporated herein by this reference. SECTION 2: The City Commission hereby approves the Parks and Recreation Department at the City of Tamarac to use the special detail police services of BSO to maintain the safety within our parks and recreation facilities, programs and events in an amount not to exceed $89,200 in Fiscal Year 2022. The appropriate City officials are further authorized to execute the necessary special detail permit applications as may be necessary. SECTION 3: Funding for this service will be from the appropriate Parks and Recreation accounts entitled "Other Contractual Services — Police Protection", "Events", and "July 4tn Celebration", Multicultural Festival, and Tamarac Village events. Temp. Reso. #13676 — 8/26/21 Page 4 of 4 SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this A9 day of SC 46',2021. ' / /1� _ z" /(/ - -71 -(,U- � - - MI ELLE J. GOM Z Mayor ATTEST: J NIFE JOH N, CMC City Clerk RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN1$SC+a7' DIST 3: V/M VILLALOBOS DIST 4: COMM. PLACKO 0 I HEREBY CERTIFY that I have approved thAs RESOLUTION as to form. JOHHERIN, JR. City /�tt ney .��'s c,� R-2021-111/TR13676 %. ���� Exhibit 1 by t+ Broward Sheriffs Office oW"'° G°°d Special Details 2601 West Broward Boulevard Ft.Lauderdale, FL 33312 Phone No.(954)831-8199 Fax No. (954)797-0926 PERMIT NO. -7g 7 D PERMIT APPLICATION FOR SPECIAL DETAILS ALL INFORMATION MUST BE TYPED OR PRINTED Full Legal Name of Permittee: City of Tamarac, Florida Check One: 1] Corporation, State of RPartnership, State of Fictitious name registered to Attach copy of Driver's License of individual,partner or corporate officer Federal Employer Identification Number(corporation,partnership, fictitious name)or Social Security Number(of individual): Mailing Address of Permittee: City of Tamarac 7525 N.W. 88 Ave.,Tamarac, FL 33321 Telephone No. (954 ) 597-3620 Facsimile No. (954 ) 597-3650 E-Mail Address Iinda.probertAtamarac.orq Permittee will promptly notify BSO's Special Details Unit of any change to the above information. Address Where Special Details will be erformed: Various City Parks located in the City of Tamarac Permanent (under$2000 month) (Corn. Ctr., Sports Complex, Tamarac Park, Permanent (over$2000 month) I I Caporella Park, Sunset Pt., Mainlands, etc.) Point of Service LI Telephone No. (954 ) 597-3620 Entertainment El Pre-Paid Period of Employment: October 1,2021 September 30,2022 Beginning Date Ending Date Hours to be Worked: Varies as needed From To Number of Deputies Requested: Type of Service Requested(i.e., security,traffic etc.): Traffic, security Special or Motorized Detail Equipment Requested. Yes ❑ No ❑ If yes,check one: Motorcycle n Boat ❑ BSO RP#43 (Revised 06/18) Page 1 of 5 TERMS AND CONDITIONS SCOPE OF SERVICES 1. The Broward Sheriff's Office ("BSO") may contract for the employment of BSO deputies during their off-duty hours,for public or private security services(Special Details). BSO does not provide bodyguard services. No permit will be approved involving civil matters unless there is a signed court order stating a deputy needs to accompany an individual and it is outside the routine services offered through BSO civil enforcement division. 2. BSO is NOT obligated to provide Special Details. BSO reserves the right to refuse to issue permits to any individual, fictitious name, partnership or corporation for any reason. Although every reasonable effort will be made to fill your detail, there is no guarantee it will be filled. Please call prior to the detail date to confirm coverage. 3. Permittee may establish general rules regarding the duties to be performed by the deputy sheriff providing Special Details; however, the Permittee has no authority over the deputy sheriff Permittee understands and agrees that while a deputy sheriff is performing Special Details,the deputy sheriff may be required to report to duty. Some instances where the deputy sheriff may be required to report to duty include responding to 9-1-1 calls and responding to hurricanes or natural disasters. In this event, the Special Detail Service will be cancelled for the duration of the emergency, and Permittee will only be charged for the actual number of hours worked plus any charges for specialized or motorized detail equipment. Permittee understands and agrees that BSO may or may not be able to provide Permittee with notice if the deputy sheriff is required to report to duty. 4. Permittee agrees to contact the Special Details Office in the event issues arise with respect to the deputy sheriff's performance of duties under this Permit. The Special Details Office is open 8:00 a.m. to 4:30 p.m. Monday through Friday. The telephone number is (954) 831-8199. The Special Details Office is closed on weekends and holidays. In an emergency situation, Permittee may call the Supervisor of Special Details at: Cell number(954) 635-7989. 5. BSO will attempt to accommodate requests for specialized or motorized detail equipment; however, Permittee understands and agrees that BSO may not be able to fulfill this request. In the event BSO does not fulfill a request for specialized or motorized detail equipment, BSO agrees not to assess the specialized or motorized detail equipment fee against Permittee. 6. Permit application cannot be changed or amended in any way,by Permittee,without express written consent of BSO. Permittee shall not assign or transfer this Permit,or the BSO provided services rendered under it,without express written consent of BSO. CANCELLATION 7. In Order to cancel a Special Detail, Permittee must contact the Special Details Office during normal working hours and provide at least three(3)hours notice of the cancellation. The Special Details Office will attempt to contact the deputy sheriff to advise of the cancellation; however, if the Special Details Office can not contact the deputy sheriff and the deputy sheriff appears at the Special Detail or if less than three (3) hours notice during normal working hours was provided, then Permittee agrees to pay BSO for the three(3)hour minimum and any motorized vehicle charge. BSO RP#43 (Revised 06/18) Page 2 of 5 COMPENSATION 8. The minimum charge for each Deputy Sheriff on any Special Detail will be for three (3) hours of service at the detail rate of$43.00 per hour. The minimum charge for each Community Service Aide will be three (3) hours of service at the detail rate of$25.00 per hour. If there are more than four(4) deputies, a Sergeant will be required at the rate of$46.00 per hour. In the event three (3) or more Sergeants are working,a Lieutenant will be required at the rate of$49.00 per hour. 9. Any establishment licensed to serve and or sell alcohol will be assessed an annual permit fee of$100.00 to be paid on or before the commencement of each calendar year. If a detail for an alcohol establishment commences within the calendar year, the annual permit fee of$100 will be assessed in total without proration. The minimum charges as set forth in paragraph eight (8) above shall apply to alcohol establishments, except that the hourly rates set forth in paragraph 8 shall increase to $52.00 per hour for Deputy Sheriffs, $55.00 for Sergeants and$58.00 for Lieutenants. 10. The number of deputies required for each venue will be determined by BSO. 11. Any compensation over and above the established quoted written rate is prohibited. Specialized or motorized detail units or equipment will incur additional charges: • marked vehicle-will incur a $10.00 fee per deputy for each detail service where a BSO marked unit is utilized to fulfill the request of the permittee;to include all traffic escort services. • boat--$12.00 per hour for fuel; BSO makes no guarantees that specialized or motorized detail equipment will be available. Although every effort will be made to fill your detail,there is no guarantee it will be filled. Please call prior to the detail date to confirm coverage. 12. A premium rate of$10.00 per hour per deputy sheriff and or community service aide will be applied to the usual detail rate for Special Details on the following holidays: Martin Luther King Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day; Thanksgiving Day; Day after Thanksgiving Day,Christmas Eve; Christmas Day;New Year's Eve;New Year's Day. 13. All payments are due to Broward Sheriffs Office,P.O. Box 9507,Ft. Lauderdale,FL 33310 and in U.S. currency. A fee per Florida State Statute will be charged for any checks returned insufficient funds. Payment types and frequency are dependent on the category of the permit which are as follows: a. Permanent Details(under$2,000.00 monthly)—Billed monthly,to pay monthly. b. Permanent Details(over$2,000.00 monthly)—Billed Bi-weekly,to pay bi-monthly. c. Point of Service/One Time Details - Payment in advance or given to the deputy on the day of service,before the service commences. d. Entertainment Details—Payment is required prior to the event. e. Weekend Call Out Details — In Emergency situations payment may be made at the time of service, at the discretion of the Sheriff's Office. *Bi-Monthly is defined as the 1St and 15th of each month. 14. Permittee will be responsible for the payment of all fees associated with Permittee's detail request. It will be the permittee's responsibility to ensure that the billed amount on the provided voucher is correct. BSO RP#43 (Revised 06/18) Page 3 of 5 SPECIAL EVENTS 15. Any event that is expected to require more than 10 deputies and/or has an expected guest/participant count of 75 or more people shall require a special review and written approval by the BSO Administrative Point of Contact and the Special Detail Manager. a. Any Special Detail that is reviewed and classified as a Special Event will be charged an Administrative fee of$40 per/hr. not to exceed more than four(4) hours. The Permittee will be responsible for communicating with BSO to ensure all requirements and permitting is satisfied prior to final approval. b. Community Service Aides can be authorized to work non-security,traffic related details at the CSA rate of$25.00 per/hr. c. The Permittee will be required to provide proof of Special Event Permitting from all affected jurisdictions(cities), parks, and private venues before final approval will be granted. TERMINATION 16. If the Permittee is requesting BSO Special Detail Services on an ongoing basis beyond one event,then This Permit will be a month to month agreement,which shall automatically renew monthly until such time as either party terminates it or on an annual basis. Permittee agrees to complete a new Permit Application annually to continue the Special Detail Services, if requested by BSO. Either party may terminate this permit by providing the other party with written notice. However, all unpaid fees and charges for services already performed by BSO shall still be due and payable to the Permittee after said termination. Under no circumstances is BSO obligated to render services under this agreement if the Permittee has failed to timely pay for past rendered services. INDEMNIFICATION 17. Permittee agrees to indemnify and hold harmless the Sheriff, BSO, its employees, and agents against any and all liability,costs,expenses, attorney's fees, or damages arising from any claim, demand, cause of action, or lawsuit resulting or arising from, either directly or indirectly, services provided under this Permit and Permit Application. AMENDMENTS 18. The parties agree that BSO may amend the terms and conditions of this agreement and Permit by providing Permittee with thirty(30)days written notice of the changed terms. ATTORNEY'S FEES 19. In the event BSO has to take legal action to enforce this Permit Application, Permittee agrees to pay BSO's costs and attorney's fees, including the costs of any appeal. BSO RP#43 (Revised 06/18) Page 4 of 5 I HAVE READ, UNDERSTAND, AND AGREE TO THE ABOVE TERMS AND CONDITIONS. I AM AUTHORIZED TO SIGN ON BEHALF OF THE ENTITY LISTED BELOW. Legal name of enti .City of Tamarac, Florid By(signature): 0402W1L) Print Name and title of person signing: Kathleen Gunn, Interim City Manager Date Signed: 9/3 D/2/ TO BE COMPLETED BY SPECIAL DETAILS OFFICE After reviewing this request, it is recommended that this permit Application be: ►Ii1121 A robed: pecial Detail Manager Date PP Disapproved Date SPECIAL EVENT /k Administrative Point of Contact-Supervisor Date BSO RP#43 (Revised 06/18) Page 5 of 5 iii.sf .f`S 04.. 4., /11 ..4 is,, Rp Gco Broward Sheriffs Office Special Details 2601 West Broward Boulevard Ft. Lauderdale,FL 33312 Phone No.(954)831-8199 Fax No.(954)797-0926 PERMIT NO. '7 g7Q_ ADDENDUM TO PERMIT APPLICATION FOR SPECIAL DETAILS Paragraph 10 of the Permit Application is amended to as follows: The number of deputies required for each venue will be determined by BSO. In cases where the Permittee significantly underestimates the attendance, or circumstances arise necessitating the need for additional deputies, BSO will notify the Permittee that additional deputies are needed. Whether or not the Permittee was able to be notified, or whether or not the permittee agrees or approves of the additional deputies, in the interest of public safety the additional deputies may be called to the location and the Permittee will be billed accordingly. I HAVE READ, UNDERSTAND,AND AGREE TO THE ABOVE TERMS AND CONDITIONS. I AM AUTHORIZED TO SIGN ON BEHALF OF THE ENTITY LISTED BELOW. Legal name of entity:City of Tamarac,F ----- ------- By(signature): Print Name and title of person sign' g: Kathleen Gunn,Interim City Manager Date Signed: __ Z7-__ 6, _ _