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HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-102Temp. Reso. #12705 — 7/29/15 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2015- / � 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 $80,098 IN FY 16, OCTOBER 1, 2015-SEPTEMBER 30, 2016; 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 Sheriffs 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 Sheriff's 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 WHEREAS, per paragraph 8 of the Terms and Conditions of the Permit Application for Special Details, attached hereto as Exhibit "'I", 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 $37.00 (rate effective February 1, 2008); specialized or motorized detail equipment will incur additional charges as noted in paragraph 8 of the Terms and Conditions of the Permit Temp. Reso. #12705 — 7/29/15 Page 2 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 $80,098 in FY 16; and 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 $80,098 in FY 16. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 1 L Temp. Reso. #12705 — 7/29/15 Page 3 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 $80,098 in FY 16. SECTION 3: Funding for this service will be from the appropriate Parks and Recreation accounts entitled "Other Contractual Services — Police Protection", "Events", and "July 4t" Celebration". 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. Temp. Reso. #12705 — 7/29/15 Page 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this /J day of /✓��'��'� 2015. WE D. METSSS MAYOR PATRICIA CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: VICE MAYOR BUSHNELL d DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO 95�—� I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM r MUEL S. GOREN r CITY ATTORNEY Broward Sheriffs Office Special Details 2601 West Broward Boulevard Ft. Lauderdale, FL 33312 Phone No. (954) 831-8199 Fax No. (954) 797-0926 Temp. Reso. #12705 Exhibit 1 PERMIT NO. 9 89 0 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 Florida 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 Ave., Tamarac, 3 1-2401 Telephone No. 9( 54) 597-3620 Facsimile No. 9( 54) 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: Hours to be Worked: Number of Deputies Requested: BSO RP#43 (Revised 10/13) Various City arks located in the City of Tamarac ( om. Ctr., Sports Complex, Tamarac Park, Gaporella Park, Sunset etc.) Telephone No. 9( 54) 597-3620 10/1/15 Beginning Date Varies, as needed From 9/30/16 Ending Date To Page 1 of 4 Type of Service Requested (i.e., security, traffic etc.): Traffic, security Special or Motorized Detail Equipment Requested. Yes No If yes, check one: K-9 Motorcycle Car Boat Horse 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. The Sheriff 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 sheriffs performance of duties under this Permit. The Special Details Office is open 7:00 a.m. to 5:00 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 the express written consent of BSO. Permittee shall not assign or transfer this Permit, or the BSO provided services rendered under it, without the 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 10/13) Page 2 of 4 COMPENSATION 8. The minimum charge for each Deputy Sheriff on any Special Detail will be for three (3) hours of service at the usual detail rate of $37.00 per hour. If there are more than four (4) deputies, a Sergeant will be required at the usual rate of $40.00 per hour. In the event three (3) or more Sergeants are working, a Lieutenant will be required at the usual rate of $43.00 per hour. 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 -may incur a $10.00 fee per detail service; • Horse —two (2) additional hours of service at the applicable detail rate will be required; • 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. 9. A premium rate of $10.00 per hour per deputy sheriff 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. 10. 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-monthly, 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 Sheriffs Office. *Bi-Monthly is defined as the I` and 151h of each month. TERM & TERMINATION 11. 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. 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 by 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. BSO RP#43 (Revised 10/13) Page 3 of 4 AMENDMENTS 13. 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 14. In the event the Sheriff has to take legal action to enforce this Permit Application, Permittee agrees to pay Sheriff his 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 of By(signature): Print Name an Date Signed: %0 '� " ,r TO BE COMPLETED BY SPECIAL DETAILS OFFICE After investigating this request, it is recommended that this permit Application be: Approv d Disapproved BSO RP#43 (Revised 10/13) 11jq��s Date Date Page 4 of 4 Additional Information for Permit Application Description of duties you want the deputies to perform: Varies as needed (security, traffic etc.) Name and Phone No. of Emergency Contact Person: Linda Probert Assistant Director of Parks & Rec. (954) 597-3632 Is there anyone on the property to sign off on the invoice. Please provide us with a name: Please leave with parks or special events staff. 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