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HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-105 Parks & Rec Broward Sheriff's Office Special DetailTemp. Reso. #13837 9/14/22 Page 1 of 4 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 Page 2 of 4 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 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 /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 YC—S DIST 3: COMM. VILLALOBOS yid DIST 4: COMM. PLACKO `i S 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