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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-1961 1 1 Temp. Reso. #11073 September 28, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006-1-q-(v 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 $72,200 IN FY 07; APPROVING FUNDING FROM THE APPROPRIATE PARKS AND RECREATION ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 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 VII 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 Temp. Reso. #11073 September 28, 2006 Page 2 WHEREAS, per paragraph 7 of the Terms and Conditions of the Permit Application for Special Details, attached hereto as Exhibit "A", 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 $30.00 (rate effective October 1, 2006); 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 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 "Police Protection-BSO," "Holiday Lighting Festival," "July 4tn Celebration," and "Events"; and WHEREAS, the Parks and Recreation Director and the Purchasing and Contracts Manager recommend execution of a Broward Sheriff's 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 and events in an amount not to exceed $72,200 in FY 07; and 1 Temp. Reso. #11073 September 28, 2006 Page 3 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 Sheriff's Office Permit Application for Special Details to be used by the Parks and Recreation Department for additional police services for City of Tamarac parks and recreation facilities and events in an amount not to exceed $72,200 in FY 07. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMRAC, 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. SECTION 2: The appropriate City officials are hereby authorized to execute a Broward Sheriffs Office Permit Application for Special Details, attached hereto as Exhibit "A", to be used by the Parks and Recreation Department for special detail police services for City of Tamarac parks and recreation facilities and events in an amount not to exceed $72,200 in FY 07. SECTION 3: Funding for this service will be from the appropriate Parks and Recreation accounts entitled "Police Protection-BSO," "Holiday Lighting Festival," "July 4t" Celebration," and "Events." SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. C Temp. Reso. #11073 September 28, 2006 Page 4 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 4 I day of 0dVbd ' , 2006. ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. BETH FLANSBAUM-TALABISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER Ate DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER 1 1 Sep 26 06 03:15p p.2 Broward Sheriff's Office 2601 west Broward Boulevard Fort Lauderdale, Florida 33312 (954) 831-8900 • www,sheriff .Org August 1, 2006 City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 Att: Mayor Beth Flansbaum-Talabisco Dear Mayor Beth Flansbaum-Talabisco: On behalf of Sheriff Ken Jenne, let me take this opportunity to express our appreciation to you as a permittee for Special Details Services provided by the Broward Sheriffs Office. If you have been with us for a short time or many years, I am certain you have come to appreciate the unparalleled level of service provided by our Deputy Sheriff's. This letter is intended to advise you that effective October 1, 2006, we are modestly increasing our rates. The new detail rates will be as follows: 1. Deputy Sheriff rate will increase from $28.00 per hour to $30.00. 2. Deputy Sheriff Sergeant rate will increase from $31.00 per hour to $33.00. 3. Deputy Sheriff Lieutenant rate will increase from $34.00 per hour to $36,00. This applies when a detail requires more than three Sergeants. Since all current permits will terminate on September 30, 2006, you are required to complete a new permit, and return it in the enclosed envelope by September 20, 2006. Should you have any questions, please feel free to contact our Special Details Supervisor, Marie Dalessio at (954)831-8199. Again, we appreciate your consideration and participation in the Special Details program. Sincerely, C. Z;:=rmichael C. Goldstein Countywide Operations, DLE MCG:md nep _d ua 0,3: lop p.a BROWARD SHERIFF'S OFFICE Special Details 26o1 West Broward Boulevard Ft. Lauderdale, FL 33312 Phone No. (954) 831-8199 Fax No. (954) 797-0926 Temp. Reso. #11073 Exhibit "A" PERMIT NO. PERMIT APPLICATION FOR SPECIAL DETAILS ALL INFORMATION MUST BE TYPED OR PRINTED Full Legal Name of Permittee: City f Tamarac, 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: 7525 NW 88th_Av_ nut- Tamarac -,EL 3.3321 Telephone No. 054 597-362.4_ 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: 10/01/2006 Beginning Date Tamarac Tamarac Park Tamarac Sports Complex Telephone No. 9i 5 4 ) 5 9 7— 3 6 2 0 Number of Deputies Requested: Varies, as needed Type of Service Requested (i.e., security, traffic etc.) Special or Motorized Detail Equipment Requested. If yes, check one: K-9 Motorcycle BSO RP #43 (revised 2/02) Car 09/30/2007 Ending Date To Security, traffic, etc. (as needed) Yes No Aircraft Boat Horse Page 1 of 4 r 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). 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. 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, Perm ittee 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 xnay page the Supervisor of Special Details at: (954) 521-2468 or call the cell number (954) 931-4459. 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. 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 30.00 per hour. If there are more than four (4) deputies, a Sergeant will be required at the usual rate of $33.QO per hour. In the event three (3) or more Sergeants are working, a Lieutenant will be required at the usual rate of $36.00 per h ur. Specialized or motorized detail a ui meat will incur the following charges for each vehicle or animal: • marked vehicle--$10.00 per each detail service; • motorcycle or canine --no charge; Page 2 of 4 bep ee ua u,I: idp • 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. &. 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: July 0% Thanksgiving Day; Christmas Eve; Christmas Day; New Year's Eve; New Year's Day. 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 V and 15"' 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. INDEMNIFICATION 13. 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 deppty which the deputy would normally have been required to carry out in his or her capacity asa a law enforcement officer, regardless of the Special Detail Assignment. Page 3of4 P. e 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 By(signature): Print Name and title of person signing: Date Signed: TO BE COMPLETED BY SPECIAL DETAILS OFFICE After investigating this request, it is recommended that this permit Application be: Approved Date Disapproved Date Page 4 of 4 Temp. Reso. #11073 Exhibit "Au BROWARD SHERIFF'S OFFICE PERMIT NO. Special Details l 2601 West Broward Boulevard r. Ft. Lauderdale, FL 33312 Phone No. (954) 831-8199 Fax No. (954) 797-0926 PERMIT APPLICATION FOR SPE IAL DETAILS ALL INFORMATION MUST BE TYPED OR PRINTED Full Legal Name of Permittee: City —of Tamarac, Check One: X . Corporation, State of Florid4 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: 321 Telephone No.054) 597-362Q Facsimile No. @L4 59 —3 4 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 Tamarac Park Tamarac S orts Complex Telephone No. 9( 54 ) 597-3620 Period of Employment: 10/01/2006 09/30/2007 Beginning Date Ending Date Hours to be Worked: _ Varies, as needed _ From To Number of Deputies Requested: Varies, gjg needed Type of Service Requested (i.e., security, traffic etc.): Security, traffic, etc. (as needed) Special or Motorized Detail Equipment Requested. Yes No If yes, check one: K-9 Motorcycle Car Aircraft. Boat Horse I35o RP #43 (revised 2/02) Page 1 of 4 cJ i I _ , -- -- ,- .... .- - .. r. TERMS AND CONDITIONS SCOPE OF SERVICES , 1, The Broward Sheriffs 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. 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. Perm ittee 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 page the Supervisor of Special Details at, (954) 521-2468 or call the cell number (954) 931-4459. 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. COMPENSATION 7. The minimum charge for each Dermly Sheriff on any Special Detail will be for three (3) hours of service at the usual detail rate of 130.00 per hour. If there are more than four (4) deputies, a Sergeant will be required at the usual rate of 133Mper hour. In the event three (3) or more Sergeants are working, a Lieutenant will be required at the usual rate of $36.00 Rep r hour. S e ialized or motorize detail a ui ment will incur the following charges for each vehicle or animal: • marked vehicle--$10.00 per each detail service; • motorcycle or canine --no charge; Page 2 of 4 bep ebub ua: lbp p.Z) 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: July 4"; Thanksgiving Day; Christmas Eve; Christmas Day; New Year's Eve; New Year's Day. 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, Entertain►ncnt/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"' 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 riot 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 teens and conditions of this permit by providing Permittee with thirty (30) days written notice of the changed terms. INDEMNIFICATION 13. 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. Excludingthose ats or omissions In the assi ned de IF wlaie h c y g re Y the deputy would normally have been required to carry out in his or her capacity asa a law enforcement officer, regardless of the Special Detail Assignment. Page3of4 P. e 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 By(signature): � . � Print Name and title of person signing,.'- � L Date Signed: TO BE COMPLETED BY SPECIAL DETAILS OFFICE After investigating this request, it is recommended that this permit Application be: Approved Date Disapproved lN2&n Page 4 of 4