HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-105 Parks & Rec Broward Sheriff's Office Special DetailTemp. Reso. #13837
9/14/22
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2022- l f)5
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 $107,000 IN FY23, OCTOBER 1, 2022-
SEPTEMBER 30, 2023; APPROVING FUNDING FROM THE
APPROPRIATE PARKS AND RECREATION ACCOUNTS;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Florida Statutes provide that municipalities shall have the governmental,
corporate, and proprietary powers to enable them to conduct municipal government,
perform municipal functions and render municipal service, and exercise any power for
municipal purposes, except when expressly prohibited by law; and
WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac ("City)
empowers the City to adopt, amend or repeal such ordinances and resolutions as may be
required for the proper governing of the City; and
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 Sheriff's 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
Temp. Reso. #13837
9/14/22
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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 sheriffs deputies during off -duty hours; and
WHEREAS, per paragraph 8 of the Terms and Conditions of the Permit Application
(Exhibit 1) for Special Details, attached hereto as Exhibit" V, 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 $45.00 per hour and specialized or motorized detail equipment will incur
additional charges as noted on page 7 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"; 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, programs and events in
an amount not to exceed $107,000 in FY 23; and
Temp. Reso. #13837
9/14/22
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, programs and events in an amount not to exceed $107,000 in FY 23.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORID&
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 $107,000 in Fiscal Year 2023. 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".
Temp. Reso. #13837
9/14/22
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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 /ql�lay 2022.
JAWe /�l �7(1,—
MI HELLS J. GO Z
Mayor
ATTEST:
KIMBERL DILL-bN, CMC
CITY CLERK
RECORD OF COMMISSION VOTE
MAYOR GOMEZ
VE s
DIST 1:
COMM. BOLTON
yC-5
DIST 2:
V/M GELIN
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DIST 3:
COMM. VILLALOBOS
yid
DIST 4:
COMM. PLACKO
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APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE
OF THE CITY OF TAMARAC ONLY.
J-R.-VERIN,
CITY ATTORNEY
TR 13837
Exhibit 1
Broward Sheriffs Office
Special Details
2601 West Broward Boulevard
Ft. Lauderdale, FL 33312
Phone No. (954) 831-8199 Q
Fax No. (954) 797-0926 PERMIT NO.y�
PERMIT APPLICATION FOR SPECIAL DETAILS
ALL INFORMATION MUST BE TYPED OR PRINTED
Full Legal Name of Permittee: City of Tamarac, Florida
Check One: X Corporation, State of
Partnership, 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 linda.probert@tamarac.org
Permittee will promptly notify BSO's Special Details Unit of any change to the above information.
Address Where Special Details will be performed:
Permanent (under $2000 month)
Permanent (over $2000 month)
Point of Service
Entertainment
Pre -Paid
Period of Employment: October 1, 2022
Beginning Date
Various City parks located in the City of Tamarac
(Com. Ctr., Sports Complex, Tamarac Park,
_Caporella Park, Sunset Pt., Mainlands, etc.
Telephone No. (954) 954-597-3620
September 30, 2023
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 Boat
BSO RP943 (Revised 10/21)
Page 1 of 5
Exhibit 1
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.
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 assignor 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 10/21)
Page 2 of 5
Exhibit 1
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 $45.00 per hour. The minimum charge for each Community Service Aide for
traffic related details (non -security) will be three (3) hours of service at $27.00 per hour. If there are
five (5) or more deputies, assigned, a Sergeant will be required at the rate of $48.00 per hour. In the
event 10 or more deputies are required please see Special Events.
9. Any establishment, person, or venue that will sell or distribute alcohol will be required to show proof of
license and 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.
10. The number of deputies required for each venue will be determined by BSO. In cases where the
Permitee significantly underestimated the attendance, or circumstances arise necessitating the need for
additional deputies, BSO will notify the Permitee that additional deputies are needed. Whether or not
the Permitee was able to be notified, or whether or not the permitee agrees or approves of the
additional deputies, in the interest of public safety the additional deputies may be called to the
location and the Permitee will be billed accordingly.
11. Direct compensation to the deputies over and above the established quoted written rate is prohibited.
Specialized or motorized detail units or equipment will incur additional charges:
a. Any BSO vehicle utilized — 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.
b. 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. An increased 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, Super
Bowl Sunday, President's Day, St Patrick's Day, Easter, Cinco de Mayo, Memorial Day, Juneteenth,
Independence Day, Labor Day, Halloween, 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:
i. Permanent Details (under $2,000.00 monthly) — Billed monthly, to pay monthly.
ii. Permanent Details (over $2,000.00 monthly) — Billed Bi-weekly, to pay bi-
monthly.
iii. Point of Service/One Time Details - Payment in advance or given to the deputy on
the day of service, before the service commences.
iv. Entertainment Details — Payment is required prior to the event.
v. 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 I" and 15°i of each month.
BSO RP#43 (Revised 10/21)
Page 3 of 5
Exhibit 1
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.
SPECIAL EVENTS — See Special Events Rates
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.
i. Any Special Detail that is reviewed and classified as a Special
Event will be charged an Administrative fee of $42 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.
ii. Community Service Aides can be authorized to work non -security,
traffic related details at the CSA rate of $27.00 per/hr.
iii. 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. BSO is a state agency as defined in section 768.28, Florida Statutes, and agrees to be frilly responsible
for the acts and omissions of its agents or employees to the extent permitted by law while they are
employed by BSO. Nothing herein is intended to serve as a waiver of sovereign immunity by any party
to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a
state agency or political subdivision of the State of Florida to be sued by third parties in any matter
arising out of this agreement.
18. City of Tamarac is a municipal agency as defined in section 768.28, Florida Statutes, and agrees to be
fully responsible for the acts and omissions of its agents or employees to the extent permitted by law
while they are employed by City. Nothing herein is intended to serve as a waiver of sovereign
immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be
BSO RP#43 (Revised 10/21)
Page 4 of 5
Exhibit 1
construed as consent by a state agency or political subdivision of the State of Florida to be sued by third
parties in any matter arising out of this agreement.
19. BSO and the City of Tamarac shall be separately liable and responsible for the actions of their
respective officers, agents and employees in performance of their respective obligations under the
Agreement unless otherwise dictated by Florida Statute 30.2905 (2)(a).
AMENDMENTS
20. The parties agree that BSO may amend the term and conditions of this agreement and Permit by
providing Permittee with thirty (30) day written notice of the changed terms.
ATTORNEY'S FEES
21. 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.
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
By (signatui
Print Name
Date Signed:
TO BE COMPLETED BY SPECIAL DETAILS OFFICE
After reviewing this request, it is recommended that this permit Application be:
Appro ed: Special Detail Manager Date
Disapproved Date
SPECIAL EVENT
Administrative Point of Contact -Supervisor Date
BSO RP#43 (Revised 10/21)
Page 5 of 5
Exhibit 1
Description of duties you want the deputies to perform:
Name and Phone No. of Emergency Contact Person:
Is there anyone on the property to sign off on the invoice? Please provide us with a
name:
Is there a place the deputy can leave a copy of the invoice? Please give us the address:
Types of problems you are experiencing:
REMEMBER ALL DETAIL CHANGES MUST GO THROUGH THE DETAIL
OFFICE i.e. Canceling a detail, Changing scheduled times and dates. All changes must
be made in writing and faxed to us at (954) 797-0926.
Although every effort will be made to fill your detail there are no guarantees, please call
prior to the day of your detail to make sure it has been covered.
Payment is due prior to your event with a check made payable: Broward Sheriffs Office
BSO RP# 43 (Revised 10/21)
Page 6 of 7
Exhibit 1
Standard Details
Regular Rate
Special Days / Holiday Rate
Deputy
$45.00
$55.00
Supervisor - Required with more than 5 deputies
$48.00
$58.00
Bar Rate Details
Regular Rate
Special Days / Holiday Rate
Deputy - 2 Deputy Minimum
$54.00
$64.00
Supervisor - Required with more than 5 deputies
$57.00
$67.00
Special Events Details
Regular Rate
Special Days / Holiday Rate
Deputy
$59.00
$69.00
Sergeant - Required with more than 5 deputies
$62.00
$72.00
Lieutenant - Required with more than 10 deputies
$65.00
$75.00
Community Service Aide - Traffic Only
Regular Rate
Special Days / Holiday Rate
CSA
$27.00
$37.00
Special Event CSA
$37.00
$47.00
*Special Detail Rates will be increased on a Bi-Yearly basis.
*The next rate change will go into effect on October 1, 2023.
*The rate will increase by $1.00 for all rate catagories
Special Days / Holidays
*Martin Luther King Day *Super Bowl Sunday *Presidents Day *St. Patrick's Day *Easter *Cinco de Mayo *Memorial
Day *Juneteenth *Independence Day *Labor Day *Halloween *Veteran's Day *Thanksgiving Day *Day after
Thanksgiving *Christmas Eve *Christmas Day *New Year's Eve *New Year's Day
BSO RP#43 (Revised 10/21)
Page 7 of 7
TR 13837
Exhibit 1
Germania Roman
From:
Greg Warner
Sent:
Wednesday, August 31, 2022 4:50 PM
To:
Germania Roman
Subject:
Indemnification BSO
Please add the following email string as an Attachment in agenda package.
From: Sucher, Jennifer [mailto:Jennifer Sucher@sheriff.org]
Sent: Tuesday, November 30, 2021 10:45 AM
To: Linda Probert < Linda. Probe rt@tamarac.org>; Key, Rochelle <Rochelle Kev@sheriff.org>
Cc: Jennifer Marion <iennifer marion@sheriff.org>; Hessler, Jeff <Jeff Hessler@sheriff.org>
Subject: [EXTERNAL] RE: Request for Change to Indemnification Wording
This message has originated from an External Source. Please use proper judgment and caution when opening
attachments, clicking links, or responding to this email.
Good Morning Linda,
There is no objection to the language however; we will not change the permit itself as this is used by all. We can attach
the email to the permit with the language or you can write it into the orders when you have the commission meeting as
we attach that to the permit as well.
Let me know if you have any other questions.
Jennifer Sucher
Broward Sheriffs Office
954-831-8199 (office)
Please note that Florida has a broad public records law, and that all correspondence to me via email may be
subject to disclosure.
From: Linda Probert [mailto:Linda.Probert@tamarac.orgl
Sent: Tuesday, November 30, 2021 10:00 AM
To: Sucher, Jennifer <Jennifer Sucher@sheriff.org>; Key, Rochelle <Rochelle Kev@sheriff.org>
Cc: Marion, Jennifer <lennifer Marion@sheriff.org>
Subject: FW: Request for Change to Indemnification Wording
[EXTERNAL EMAIL WARNING] This email originated outside Broward Sheriffs Office Email System. Do not reply,
click links, or open attachments unless you recognize the sender's email address (not just the name) as legitimate and
know the content is safe. Report suspicious email to SECNOC@sheriff.org.
Good morning ladies,
TR 13837
Exhibit 1
I wanted to follow up with you on the indemnification language within the permit application.
We have this on the City Commission agenda for next week and need to upload the permit application with
the correct language as soon as possible this week.
Is it possible for one of you to follow up with Mr. Hessler?
Thank you,
TAMAIRAC
The City For Your Life
J f Join our fan page!
From: Kathy Stakermann
Linda Probert
Assistant Director
Parks and Recreation Department
6001 Nob Hill Road, Tamarac, FL 33321-6200
Tel: 954-597-3632 Fax: 954-597-3650
www.tamarac.ora
Sent: Wednesday, November 17, 20213:00 PM
To: Jeff hessler@sheriff.org
Subject: Request for Change to Indemnification Wording
Hi Jeff,
I know we talked about the indemnity wording, but I wanted to be specific in our request.
The language on the new permit reads:
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 arisingfrom any claim, demand, cause of action, or lawsuit
resulting or arisingfrom, either directly or indirectly, services provided under this Permit and Permit Application.
We are requesting to replace it with the language on the 2021 agreement:
INDEMNIFICATION
17. BSO is a state agency as defined in section 768.28, Florida Statutes, and agrees to be fully responsible for the acts
and omissions of its agents or employees to the extent permitted by law while they are employed by BSO. Nothing herein
is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be
applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida
to be sued by third parties in any matter arising out of this agreement.
18. City of Tamarac is a municipal agency as defined in section 768.28, Florida Statutes, and agrees to be fully
responsible for the acts and omissions of its agents or employees to the extent permitted by law while they are employed
by City. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity
maybe applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of
Florida to be sued by third parties in any matter arising out of this agreement.
19. BSO and the City of Tamarac shall be separately liable and responsible for the actions of their respective officers,
agents and employees in performance of their respective obligations under the Agreement unless otherwise dictated by
Florida Statute 30.2905 (2)(a).
We would greatly appreciate any help you can give us in changing this wording.
Thank you for your time and consideration.
TR 13837
Exhibit 1
Kathy
TAMARAC Kathy Stakermann
Risk & Safety Manager ( Risk Management Department
0 (954) 597-3614 1 www.tamarac.ora
The City For YOUr Life 7525 NW 88t" Ave, Tamarac, FL 33321
The City of Tamarac is a public entity subject to Chapter 119 of the Florida Statutes concerning public records.
Email messages are covered under Chapter 119 and are thus subject to public records disclosure. All email
messages sent and received are captured by our server and retained as public records.
The City of Tamarac is a public entity subject to Chapter 119 of the Florida Statutes concerning public records. Email
messages are covered under Chapter 119 and are thus subject to public records disclosure. All email messages sent and
received are captured by our server and retained as public records.
This email contains information that may be confidential and/or privileged. If you are not the intended recipient, or the
employee or agent authorized to receive for the intended recipient, you may not copy, disclose or use any contents in
this email. If you have received this email in error, please immediately notify the sender at Fox Rothschild LLP by replying
to this email and delete the original and reply emails. Thank you.
Gregory Warner CPRE
Director of Parks and Recreation
(954) 597-3638 www.tamarac.org
6001 Nob Hill Rd., Tamarac, FL 33321
TAMARAC
The City Fow 1"out Life