HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-104Temp. Reso. #12820 — 6/16/16
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2016-__L0�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
BROWARD SHERIFF'S OFFICE PERMIT APPLICATION FOR
SPECIAL DETAILS FOR POLICE SERVICES TO BE USED
BY THE PARKS AND RECREATION DEPARTMENT IN AN
AMOUNT NOT TO EXCEED $90,350 IN FY 17, OCTOBER 1,
2016-SEPTEMBER 30, 2017; APPROVING FUNDING FROM
THE APPROPRIATE PARKS AND RECREATION
ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on May 27, 2015, the City Commission of the City of Tamarac, Florida,
approved Resolution No. R-2015-46, approving the Fourth Amendment to the Agreement
for Police Services between the City of Tamarac and the Broward Sheriff's Office renewing
the Agreement under the existing terms and conditions for a five year period effective
October 1, 2015, through September 30, 2020; 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
1
Temp. Reso. #12820 — 6/16/16
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WHEREAS, per paragraph 8 of the Terms and Conditions of the Permit Application
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 $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"; and
WHEREAS, the Parks and Recreation Director and the Purchasing and Contracts
Manager recommend 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 $90,350 in FY 17; and
Temp. Reso. #12820 — 6/16/16
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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 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 $90,350 in FY 17.
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: That the appropriate City officials are hereby authorized to execute a
Broward Sheriff's Office Permit Application for Special Details, attached hereto as Exhibit
1", for police services to be used by the Parks and Recreation Department at City of
Tamarac parks and recreation facilities in an amount not to exceed $90,350 in FY 17.
SECTION 3: Funding for this service will be from the appropriate Parks and
Recreation accounts entitled "Other Contractual Services — Police Protection", "Events",
and "July 4th Celebration".
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Temp. Reso. #12820 — 6/16/16
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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 9 C- I J
040 day of 2016.
HA RY 6RESSLER
MAYOR
ATTEST:
PATRICIA TEUFE MC
CITY CLERK
RECORD OF COMMISSION VOTE
MAYOR DRESSLER
DIST 1:
COMM. BUSHNELL
DIST 2:
COMM. GOMEZ
DIST 3:
VICE MAYOR GLASSER
DIST 4:
COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
WA /) , t ff V- 76
SAMUtL S. GOREN
CITY ATTORNEY
Temp. Reso. #12820 — Exhibit 1
Broward Sheriff's Office
Special Details
2601 West Broward Boulevard
Ft. Lauderdale, FL 33312
Phone No. (954) 831-8199
Fax No. (954) 797-0926 PERMIT NO.
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: Various City parts located in the City of Tamarac
Permanent (under $2000 month) (Com. Ctr., Sports Complex, Tamarac Park,
Permanent (over $2000 month) _Caporella Park, Sunset Pt., Mainlands, etc.
Point of Service Telephone No. (954) 954-597-3620
Entertainment
Pre -Paid
Period of Employment: October 1, 2016 September 30, 2017
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 Boat
BSO RP#43 (Revised 12/15)
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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 assign or transfer this Permit, or the BSO provided
services rendered under it, without express written consent of BSO.
CANCELLATION
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 Notwithstanding the forgoing,
Permittee may cancel a detail in an unforeseen emergency situation and if Permittee exercise this option
and BSO is obligated to pay any minimum charges or costs to the deputy who appears at the regularly
scheduled time and date of the detail period, then Permittee shall reimburse BSO for those expenses.
BSO RP#43 (Revised 12/15)
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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 mutually agreement between the
parties and if the parties cannot come to an agreement prior to the event, BSO may elect not to render
services under this agreement at that certain event or venue. When determining the number of deputies
required for each venue, the parties shall reasonably consider the events nature, the attendees numbers
and character, the security risks applicable to that particular venue, the venues location, the time period
for the event, any instances of past security incidents at a like venue, any other such reasonable factors.
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.
BSO RP#43 (Revised 12/15)
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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
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. 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 or 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 denied 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 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.
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).
BSO RP#43 (Revised 12/15)
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AMENDMENTS
20. The parties may amend the terms and conditions herein, upon mutual consent in writing signed by both
parties.
EMPLOYER STATUS
The personnel provided by BSO to the City of Tamarac under this agreement are considered BSO
employees and to the extent allowable under Florida Statute 30.295(2)(a) the City of Tamarac shall not
be responsible for any employee benefits
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
By (signature):
Print Name and title of person signing: Michael C. Cernech, City Manager
Date Signed: cl r � —16
TO BE COMPLETED BY SPECIAL DETAILS OFFICE
After reviewing this request, it is recommended that this permit Application be:
Approved: Special Detail Manager Date
Disapproved
SPECIAL EVENT
Date
Administrative Point of Contact -Supervisor Date
BSO RP#43 (Revised 12/15)
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