HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-018Temp. Reso #11759
10/5/09
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2010- l�
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 $47,400 IN FY 10; APPROVING
FUNDING FROM THE APPROPRIATE PARKS AND
RECREATION ACCOUNTS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on November 22, 2005, the City Commission of the City of Tamarac,
Florida, approved Resolution No. R-2005-121, authorizing the appropriate City Officials to
execute an Agreement with the Broward Sheriffs Office for Police Services; and
WHEREAS, the current Master Agreement with the Broward Sheriffs Office effective
June 22, 1005, is currently in force on a month to month basis; and
WHEREAS, Article VIII of the Agreement, Additional Services, provides that the
Broward Sheriffs Office agrees to provide such additional resources at a cost mutually
agreed upon by the parties; and
WHEREAS, the Special Detail is an ancillary function, contingent upon such Master
Agreement being in full force; and
WHEREAS, it is in the best interest of the City for the term of the Special Detail to
be coterminous with the Master Agreement; and
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Temp. Reso #11759
10/5/09
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WHEREAS, per paragraph 7 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 October 1, 2008); specialized or motorized detail equipment will
incur additional charges as noted in paragraph 7 of the Terms and Conditions of the Permit
Application for Special Details; and
WHEREAS, in an effort to maintain safe parks and recreation facilities, 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 4t' 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 the City
of Tamarac parks and recreation facilities in an amount not to exceed $47,400 in FY10,
with said Permit Application for Special Details be coterminous with the expiration of the
Master Agreement with the Broward Sheriffs Office, whichever date is earlier; 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
Temp. Reso #11759
10/5/09
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Recreation Department for police services for City of Tamarac parks and recreation
facilities in an amount not to exceed $47,400 in FY 10 with said Permit Application for
Special Details be coterminous with the expiration of the Master Agreement with the
Broward Sheriff's Office, whichever date is earlier.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
All exhibits attached hereto are incorporated and made a specific part of this resolution.
SECTION 2: That the appropriate City officials are hereby authorized to execute a
Broward Sheriffs 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 $47,400 in FY 10.
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
Temp. Reso #11759
10/5/09
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Resolution.
SECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this /D day of U, 2010.
L
MiWORWAINOMN
ME
I HEREBY CERTIFY that
I have approved this
TION as to form.
:7�%
e'l"v
AMUEL S. GOREN
CITY ATTORNEY
01
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B 9TH TALABISCO
Mayor
Record of COMMISSION VOTE:
MAYOR TALABISCO �����
DIST 1: COMM BUSH LL_�
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM GLASSER
DIST 4: VM DRESSLER
1
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Temp. Reso. #11759 — Exhibit 1
•
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.
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
&[umber (of individual):
Mailing Address of Permittee: Cif of Tamarac
7525 N.W. 88th Avenue Tamarac FL 33321-2401
Telephone No. (954) 597-3620
Facsimile No. (954) 597-3640
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
Various City parks located in the City of Tamarac
(Tamarac Com. Ctr., Tamarac Park, Sports Complex,
Caporella Park, etc.)
Telephone No. (954) 597-3620
Period of Employment: 10/l/09 9/30/10*
Beginning Date Ending Date
Hours to be Worked: Varies, as needed
From To
Number of Deputies Requested:
*Or coterminous with the expiration of the Master Agreement between the City of Tamarac and the Broward
�he, i ff's Off ce, whichever date is earlier.
BSO RP #43 (revised 9/08) Page 1 of 4
Temp. Reso. #11759 — Exhibit 1
E
Type of Service Requested (i.e., security, traffic etc.): Security, traffic, etc., as needed.
Special or Motorized Detail Equipment Requested
If yes, check one: K-9 Motorcycle_
SCOPE OF SERVICES
Yes No
Car Aircraft Boat Horse
TERMS AND CONDITIONS
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).
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) 931-4459 or pager (954)521-2468.
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.
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.
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Temp. Reso. #11759 — Exhibit I
COMPENSATION
7. The minimum charge for each D puty Sheriff on any Special Detail will be for three (3) hours of service at the
usual detail rate of $37.00per 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. Specialized or motorized detail equipment will incur the following charges
for each vehicle or animal:
• marked vehicle--$10.00 per each detail service;
• motorcycle or canine --no charge;
• horse --two (2) additional hours of service at the applicable detail rate will be required;
• boat--$12.00 per hour for fuel;
• helicopter-- fee to be set by BSO.
BSO makes no guarantees that specialized or motorized detail equipment will be available. Any
compensation over and above the established rate is prohibited. 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.
8. 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.
9. 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/Weekend Details — Payment is required at the end of each segment of service,
(i.e.) Friday thru Sunday, payment is due on Sunday.
*Bi-Monthly is defined as the 1" and 15`h of each month.
TERMINATION
10. In its sole discretion, BSO may provide written notice to Permittee that Special Details are canceled for any
reason, including but not limited to Permittee's late payment or non-payment.
11. This Permit expires one (1) year after the date of its approval by BSO. Permittee agrees to complete a new
Permit Application annually to continue the Special Detail Services. "Except as set forth in paragraph 6, either
party may terminate this permit by providing the other party with written notice."
AMENDMENTS
12. The parties agree that BSO may amend the terms and conditions of this permit by providing Permittee with thirty
(30) days written notice of the changed terms.
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Temp. Reso. #11759 — Exhibit 1
• INDEMNIFICATION
13. To the extent permitted by law, Permittee agrees to indemnify and hold harmless the Sheriff,
BSO, its employees, agents and servants 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
Application arising out of Permittee's own negligence. In no event shall such indemnification
by Permittee extend to liability arising from those acts or omissions by the assigned deputy
which the deputy would normally have been required to carry out in his or her capacity as a
law enforcement officer, regardless of the Special Detail Assignment. Nothing herein is
intended to waive sovereign immunity for either party to which sovereign immunity may
apply.
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 entity: City of Tamarac, Florida
-7—
By(signature):
Print Name and title of person signing: Jeffrey L. Miller, City Manager
Date Signed: ,11,o Z
TO BE COMPLETED BY SPECIAL DETAILS OFFICE
After investigating this request, it is recommended that this permit Application be:
Approved Date
Disapproved Date
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