1-Quote.pdf

OFF DUTY MANAGEMENT - TERMS & CONDITIONS

(For Hillsborough County-SO-FL)

For the purposes of these Terms and Conditions, the following terms shall have the meanings set forth below:

A. "Vendor" means the individual or company requesting off-duty law enforcement officers through Off Duty Management, Inc. ("ODM").

B. "Agency" means the governmental partner of ODM from which the Vendor is requesting service through ODM.

The Vendor submits this request to Off Duty Management, Inc. ("ODM") for the provision of services, which may include security, patrol, or traffic control at the Vendor’s designated location, utilizing personnel from the Agency, based on the terms and conditions set forth in this Agreement:

1. Services

ODM will manage on behalf of Agency the Vendor’s request for off-duty law enforcement services, including but not limited to requests for security posts, patrols, and traffic control at the Vendor’s designated location. ODM will administer the agency’s off-duty rules and orders to assign off-duty law enforcement personnel as requested by the Vendor (including fees established by the agency for officer pay rates, vehicle, or any other charges required by the agency and its selected backups. ODM will ensure compliance with the partner Agency's policies and regulations and confirm personnel's assignment to the Vendor’s location. ODM shall invoice for the requested services when rendered. Services shall commence on the date specified in the Vendor's OfficerTRAK® request.

2. ODM's Role in Staffing and Monitoring Requests

ODM’s role is to facilitate the Vendor’s request for off-duty services and collect payment for such services. ODM and its agency partner make no guarantee, representation, or warranty regarding the fulfillment of the Vendor’s staffing requests. The Vendor is responsible for monitoring their staffing request (real-time or historically) via their individual OfficerTRAK® account or contacting the ODM Customer Service Support Team 24/7/365. Neither ODM nor its Agency partners are under any obligation to provide information regarding unfilled, canceled, or dropped shifts. If such information is required or needed by the Vendor, they may access the OfficerTRAK® system or contact ODM’s Customer Support Center, available 24/7/365, to obtain real-time updates on the status of their request. Upon the vendor’s request, ODM may enable an automated email option that provides the vendor with notification of unfilled shifts at a specific time frame prior to the shift. This notification option is a vendor benefit and is not a required functionality or service.

3. Rates

All rates are set and approved by the agency and are subject to change at the agency's direction. At the direction and expectation of its agency partner, ODM may fulfill a request with officers from a neighboring (backup) Agency, which may charge higher officer pay rates. In such an event, the

Vendor shall be notified in advance and must approve in writing a higher back-up officer pay rate, or the request will be subject to cancellation.

Regardless of the Vendor's request, the Agency or its backup Agencies may require additional resources, such as a law enforcement vehicle or a supervising officer. In such instances, the Vendor shall be responsible for any additional costs incurred for vehicles or special administrative fees required by the agency or its backup agency to fulfill the Vendors job request. All fees for these services will be listed on the agencies or backup agency’s off-duty landing page and will be charged according to current rates established by the agency and its partner agencies. In some circumstances the agency and back-up agency will have different vehicle or administrative fees and will be charged in accordance with the officers’ home agency.

If a law enforcement officer is required to extend a shift, the Vendor agrees to pay for the additional time. Any errors in the Vendor’s original request, which result in staffing of incorrect shifts, will result in charges to the Vendor for those shifts.

RATES:

Shift Type Total Billable Hourly Rate

Regular $48.50

Supervisor $57.25

Holiday Regular $53.82

Holiday Supervisor

$62.98

Vendors may, at their discretion, increase the hourly rate of pay.

• SUPERVISOR RATE: A supervisor is required when 6 or more deputies are requested.

• HOLIDAY RATE: Holiday rates apply on New Year's Day, MLK Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day.

• MINIMUM 3 HOURS PER REQUEST

o Escorts may be requested at 2 hours, but will be billed for the 3 hour agency minimum.

4. Invoicing and Payment

ODM reserves the right to require prepayment or placement of a credit card on file for payment of services requested, including any applicable administrative fees and sales tax. If the Vendor is invoiced, payment is due within thirty (30) days from when the Vendor receives the invoice. A monthly late payment charge of 1.5% may apply to any undisputed past-due balance unless otherwise limited by applicable state law. Invoice disputes must be submitted in writing upon receipt of the invoice and within thirty (30) days of the executed job request. Failure to pay undisputed balances may result in service termination at one or more of the Vendor's locations following at least two (2) days’ notice by ODM.

• Credit Card Payments: Vendors opting to pay by credit card will incur a 3.0% fee.

• Disputed Invoices: All disputed invoices will be subject to late fees if resolved without any financial adjustment to the original invoice. Adjusted invoices will not incur late fees and will be due on the original invoice payment due date or no later than fourteen (14) days from the revised invoice date.

5. Prepayment Refunds

• Does not apply

6. Cancellation, Schedule Changes, and Payment Obligations

Once an assignment has been approved and scheduled, any customer (Vendor) who cancels or reduces the assignment within two (2) hours of the scheduled start time shall be required to pay the agency’s minimum of three (3) hours, in addition to ODM’s administrative fees for these three (3) hours, for the first twenty-four (24) hours of the originally scheduled assignment.

If the Vendor requests a change to the job's start time within two (2) hours of the scheduled start time, ODM will attempt to contact the assigned officer to determine if they can accommodate the change. If the officer agrees to the change, no further action will be required, and the officer will work the assignment under the adjusted hours. If the officer is unable to accommodate the new start time, the job will be canceled and reposted for other officers to accept. In such cases, the originally assigned officer shall receive a minimum payment for three (3) hours but will not be eligible to sign up for the reposted job.

The same process will apply for start time changes made more than two (2) hours before the scheduled start time, the same process will apply; however, if the originally assigned officer is unable to work the new hours, they will not be entitled to the three-hour minimum pay.

Any cancellations submitted within the Agency’s cancellation time frame are subject to the minimum payment obligations, and the Vendor is responsible for remitting payment for the canceled shift.

Additionally, if the Vendor reduces the length of the assignment after the start of the officer’s shift or if the officer is released before the initially scheduled end time, the Vendor shall remain liable for payment of the full shift as initially scheduled. All new job requests received or generated at any time during the Agency’s cancellation period are immediately subject to the agency’s cancellation policy and minimum hours requirements. The vendor is responsible to remit payment for any canceled job created during the agency’s cancellation period.

To be considered valid, all cancellations must be submitted in writing to admin@offdutymanagement.com, including the corresponding request number.

mailto:admin@offdutymanagement.com

7. Governing Law/Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. The parties’ consent to the exclusive jurisdiction and venue of the applicable Division of the United States District Court or the Florida District Courts located in the county where the defendant’s principal office is situated.

8. Insurance

ODM shall maintain General Liability and Employer’s Liability Insurance. ODM is not an insurer of the Vendor’s property or persons at the designated location, nor does it guarantee the prevention or detection of criminal conduct. ODM’s insurance shall cover claims for bodily injury, death, personal injury, and property damage arising during the services. The Vendor shall not retain any amounts due to claims made against ODM. This Agreement does not create any rights for third parties.