HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-154Temp. Reso. #11498
September 30, 2008
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2008 -
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 $44,900 IN FY 09;
APPROVING FUNDING FROM THE APPROPRIATE
PARKS AND RECREATION ACCOUNTS; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING 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 Sheriff's Office for Police Services; and
WHEREAS, the term of the agreement was set forth as the time period
commencing October 1, 2004 and ending September 30, 2009; 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, per paragraph 7 of the Terms and Conditions of the Permit
Application for Special Details, attached hereto as Exhibit "1 ", 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
Temp. Reso. #11498
September 30, 2008
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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" and "Events"; 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 $44,900 in FY 09; 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 $44,900 in FY 09.
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.
C
C
Temp. Reso. #11498
September 30, 2008
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SECTION 2: The appropriate City officials are hereby authorized to execute a
Broward Sheriffs Office Permit Application for Special Details, attached hereto as
Exhibit "'I", 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 $44,900 in
FY 09.
SECTION 3: Funding for this service will be from the appropriate Parks and
Recreation accounts entitled "Other Contractual Services - Police Protection" and
"Events".
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.
THIS SPACE INTENTIONALLY LEFT BLANK
Temp. Reso. #11498
September 30, 2008
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SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this aU day ofAa4t-) , 2008.
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ATTEST: EFETH FLANS AUM-T ABISCO
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
i
SAIAUEL S. GO N
CITY ATTORNEY
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM PORTNER6-1
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DIST 2: COMM ATKINS-GRAD
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER vIQ
1
1
1
Temp. Reso. #11498 — Exhibit 1
Broward Sheriffs Office
Special Details
2601 West Broward Boulevard
Ft. Lauderdalc, 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
Number (of individual):
Mailing Address of Permittee:
of Tamarac
7525 N.W. 88"' 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
Period of Employment:
Hours to be Worked:
Number of Deputies Requested:
BSO RP #43 (revised 9/08)
10/ 1 /08
Beginning Date
Varies as needed
From
Various City parks located in the City of Tamarac
(Tamarac Com. Ctr., Tamarac Park, Sports Complex,
Caporella Park, etc.)
Telephone No. (954) 597-3620
9/30/09
Ending Date
To
Pagc I of 4
Temp. Reso. #11498 — Exhibit 1
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.
3. 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. Sorne 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 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
6. 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. #11498 — Exhibit 1
COMPENSATION
7. 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. 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.
All payments are due to Broward Sheriff's 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 I" 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. #11498 — 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. Excluding 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 BEIIALF OF THE ENTITY LISTED BELOW.
Legal name of entity: City of Tamarac Florida
By(signature):
Print Name and title of person signing: Jeffrey L. Miller, City Manager
Date Signed:
TO BE COMPLETED BY SPECIAL DETAILS OFFICE
After investigating this request, it is recommended that this permit Application be:
Approved
Disapproved
Date
Date
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