R08-075
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1 RESOLUTION R08-o7E
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
5 THE CITY MANAGER AND CITY CLERK TO EXECUTE
6 AN INTERLOCAL AGREEMENT FOR LAW
7 ENFORCEMENT SERVICES BETWEEN PALM BEACH
8 COUNTY AND THE CITY OF BOYNTON BEACH FOR
9 THE ADMINISTERING OF THE MANATEE
10 PROTECTION CONSERVATION PROGRAM; AND
11 PROVIDING AN EFFECTIVE DATE.
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14 WHEREAS, the Board of County Commissioners has approved a Manatee Protection
15 Plan that provides for increased law enforcement presence in the County's waterways, as one
16 means of greater manatee protection; and
17 WHEREAS, the Interlocal Agreement for the use of two law enforcement officers from
18 the Boynton Beach Police Marine Unit allows for the reimbursement for law enforcement
19 services at a rate of $82.50 per hour for on-water enforcement activity; and
20 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
21 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
22 Beach to authorize execution of the Interlocal Agreement with Palm Beach County for the
23 administering of the Manatee Protection Conservation Program.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29 Section 2. The City Commission of the City of Boynton Beach hereby authorizes
S:\CA\RESOlAgreements\lnterlocals\ILA with PSC for manatee protection(2008 to 2011 ).doc
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1 the City Manager and City Clerk to execute an Interlocal Agreement between the City of
2 Boynton Beach and Palm Beach County for the administering of the Manatee Protection
3 Conservation Program, a copy of said Agreement is attached hereto and made a part here as
4 Exhibit "A".
5 Section 3. That this Resolution shall become effective immediately upon passage.
6 PASSED AND ADOPTED this ~ day of July, 2008.
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8 CITY OF BOYNTON BEACH, FLORIDA
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29 ATTEST:
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32 Ja t M. Prainito, CMC
33 ty Clerk
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S:\GA\RESOlAgreements\lnterlocals\lLA with PSG for manatee protection(2008 to 2011 ).doc
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CITY OF BOYNTON BEACH ROB-01~
CITY CLE~K'S OFfiCE
08 Sf? I 0 AM 10: 40
INTERLOCAL AGREEMENT FOR
LAW ENFORCEMENT SERVICES
BETWEEN PALM BEACH COUNTY
AND CITY OF BOYNTON BEACHIBOYNTON BEACH POLICE DEPARTMENT
THIS AGREEMENT is made this 9-1-t, day of ~Vi-Y ,2008, between City of
Boynton Beach Police Department of Palm Beach County, Fonda, heremafter referred to as
"Contractor", and Palm Beach County, a political subdivision of the State of Florida, (hereinafter
"County"), hereinafter referred to collectively as the "parties."
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use of their
powers by enabling them to cooperate with other localities on a basis of mutual advantage and
thereby to provide services and facilities that will harmonize geographic, economic, population
and other factors influencing the needs and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined
therein to enter into interlocal agreements with each other to jointly exercise any power,
privilege, or authority that such agencies share in common and that each might exercise
separately; and
WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County
Commissioners of Palm Beach County is empowered to establish and administer programs of
conservation and to enter into agreements with other governmental agencies within or outside the
boundaries of the County for joint performance, or performance of one unit on behalf of the
other, of any of either governmental entity's authorized functions; and
WHEREAS, in October of 1989, the Florida Governor and Cabinet directed thirteen (13)
"key" manatee counties, including Palm Beach County, to prepare a Manatee Protection Plan
("MPP"); and
WHEREAS, on August 21, 2007, the Board of County Commissioners approved a MPP
that provides for increased law enforcement presence in the County's waterways, as one means
to provide greater manatee protection; and
WHEREAS, studies performed by the Florida Fish and Wildlife Conservation
Commission has demonstrated that the increased law enforcement presence is the most effective
means to gain compliance with boater speed zones; and
WHEREAS, the County wishes to increase the hours of patrol and enforcement in
estuarine waters of Palm Beach County which will improve compliance with boater and manatee
protection speed zones, and reduce the risks to manatees and members of the public; and
WHEREAS, the parties wish to enter into an agreement for the provision of an increased
level of marine law enforcement services during manatee season, as provided herein.
NOW THEREFORE, in consideration of the mutual covenants and promises of the
parties hereto, the Contractor and the County agree as follows:
1) Recitals
The recitals set forth above are true and correct and form a part of this Agreement.
2) Purpose.
The purpose of this Interlocal Agreement (the "Agreement") is to provide for additional marine
law enforcement services within estuarine waters of the County during manatee season, which
begins November 15th and ends the following March 31 st. The law enforcement services
provided herein are intended to be in addition to the level of law enforcement services already
provided by the Contractor and are not a replacement for said services.
3) Location of Law Enforcement Services
The "Contractor" shall provide marine law enforcement services, hereinafter referred to as
"services", within the geographical area over which it has jurisdiction to enforce the law, such
shall be hereafter referred to as the "Enforcement Area" and is included within the estuarine
waters of Palm Beach County which are more specifically described in Exhibit "A".
4) Responsibility of Contractor
A. The Contractor shall enforce State statutes, administrative rules, local and County
ordinances related to vessel control, marine resource protection, and manatee protection; assist in
the investigation, apprehension, and prosecution of violators of existing boat and manatee
protection speed zones; assist in the monitoring of waterway markings and regulatory signs in
the Enforcement Area; and, assist in educating boaters about manatee and boater safety issues.
B. During the term of this Agreement, the Contractor shall provide
IJ,- law enforcement officer(s) to patrol the waters of the Enforcement Area
and to enforce all applicable laws. The law enforcement officer(s) shall provide services on
Saturday and Sunday for 8 hours per day between the hours of 6 A.M. and 6 P.M. During the
term of this Agreement, the Contractor shall provide law enforcement services on any day or
times aside from a Saturday or Sunday, at the request of the County. Requests for the provision
of law enforcement services on a day or days in addition to the regularly scheduled days or times
shall be made at least five business days prior to the date when such services are needed.
C. The Contractor shall furnish and supply all labor, supervision, equipment
(including but not limited to a vessel), insurance, and supplies necessary to perform under this
Agreement.
D. The Contractor shall provide the following information to the County on a monthly
basis: Standard Marine Enforcement Monthly Report Form (form to be provided by the County);
documentation of warnings and citations issued to violators by the Contractor; and monthly payroll
documentation for hours worked by any officer who performs services under the terms of this
Agreement.
E. In the event that during the term of this Agreement an officer issues a citation,
which is challenged in the Palm Beach County Circuit Court, the Contractor shall immediately
inform the County. The County will then determine whether the Contractor will be reimbursed
under the terms of this Agreement for the time expended to attend such court proceeding.
F. The Contractor shall submit invoices for payment to the County on a monthly
basis. Invoices shall include a reference to this Agreement, identify the amount due and payable
to the Contractor, and include records sufficient to substantiate the costs incurred. Invoices shall
be in sufficient detail for pre-audit and post-audit review.
S) Responsibility of the County
The County will reimburse the Contractor for law enforcement services as provided for herein at
the rate of $82.50 per hour for on-water enforcement activity, which includes the cost of salaries,
fringe benefits, and all other services and expenses incurred by the Contractor in the fulfillment
of this Agreement. The hourly rate for law enforcement services rendered pursuant to this
Agreement will be annually increased on October 1 st of each year in accordance with the
Revised Consumer Price Index for Urban Wage Earners and Clerical Workers, but in no event
more than 3% annually. The County will reimburse the Contractor on a monthly basis at the rate
provided herein, provided that a proper invoice detailing such services is received and approved
by the County. In no event shall the total amount paid to the Contractor by the County exceed a
total amount set annually by the County by October 1 st of each year.
6) Effective Date and Term of the Agreement .
This Agreement shall take effect November 15th, 2008 and shall terminate on April 30th, 2011"
unless such time has been extended by the County.
7) Authorized Representative
A. The County's authorized representative is Richard E. Walesky, Director,
Department of Environmental Resources Management, (561) 233-2400, West
Palm Beach, Florida, or his designee.
B. The Contractor's authorized representative is Sgt. Suzanne Gitto, (561) 742-6141,
or hislher successor.
8) Independent Contractor
A. The parties shall be considered independent contractors, and no party shall be
considered an employee or agent of any other party. Nothing in this Agreement shall be
interpreted to establish any relationship other than that of independent contractor between the
parties and their respective employees, agents, subcontractors, or assigns during or after the
performance of this Agreement. No person employed by any party to this Agreement shall, in
connection with the performance of this Agreement or any services or functions contemplated
hereunder, at any time, be considered the employee of the other party, nor shall an employee
claim any right in or entitlement to any pension, worker's compensation benefit, unemployment
compensation, civil service, or other employee rights or privileges granted by operation of law or
otherwise, except through and against the entity by whom they are employed.
B. All employees and agents of the Contractor who perform any act or service under
the terms of this Agreement shall at all times be considered employees of the Contractor and not
of the County. The Contractor will be responsible for supervising, disciplining, and setting
policies pertaining to terms and conditions of employment for those employees performing
Services as provided herein.
9) Payment
For reimbursement to occur, the Contractor shall submit invoices to the County that shall include
a reference to this Agreement, identify the amount due and payable to the Contractor, and
include records sufficient to substantiate the costs incurred. Invoices shall be itemized in
sufficient detail for prepayment audit thereof. The Contractor shall provide additional
documentation to support any invoice if requested by the County. Invoices received from the
Contractor shall be reviewed by the Department of Environmental Resources Management and
upon approval shall be sent to the County's Finance Department for final approval and payment.
Invoices will normally be paid within forty-five (45) days of receipt. In the case of a dispute
involving the amounts due to the Contractor, payment may be delayed.
10) Compliance with Codes and Laws
Each party agrees to abide by all applicable laws, orders, rules, and regulations in the
performance of this Agreement.
11) Access to Records and Audits
The parties shall maintain, in accordance with generally accepted governmental auditing
standards, all financial and non-financial records and reports directly or indirectly related to the
negotiation or performance of this Agreement including supporting documentation. The parties
shall have the right to examine in accordance with generally accepted governmental auditing
standards all records directly or indirectly related to this Agreement. Such examination may be
made only upon reasonable notice, time and place. In the event that the parties should become
involved in a legal dispute with a third party arising from performance under this Agreement, the
parties shall extend the period of maintenance for all records relating to the Agreement until the
final disposition of the legal dispute, and all such records shall be made readily available to the
parties.
12) Funding
This Agreement is expressly contingent upon annual appropriations by the Palm Beach County
Board of County Commissioners.
13) Notice
Any notice required or permitted to be given under this Agreement shall be in writing and shall
be hand delivered, faxed, or mailed (by certified mail, return receipt requested) to the respective
addresses/recipients specified below:
As to the Contractor:
City of Boynton Beach
Attn: City Manager
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Copy to:
Boynton Beach police Department
Attn: Sgt. Suzanne Gitto
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Fax: (561) 742-6847
As to County:
Palm Beach County
Department of Environmental Resources Management
2300 N. Jog Road - 4th Floor
West Palm Beach, FL 33411-2743
Fax: (561) 233-2414
Copy to:
Palm Beach County
Attn: County Attorney for ERM
301 North Olive Avenue, Suite 601
West Palm Beach, FL 33401
All notices required by this Agreement shall be considered delivered upon receipt. Should any
party change its address, written notice of such new address shall promptly be sent to the other
party.
14) Default, Termination, Opportunity to Cure
A. The parties expressly covenant and agree that in the event either party is in default
of its obligations under this Agreement, the party not in default shall provide to the defaulting
party thirty (30) days written notice as an opportunity to cure the deficiency before exercising
any of its rights.
B. Either party may terminate this Agreement without cause by giving sixty (60)
days prior written notice.
1S) Waiver or Breach
It is hereby agreed to by the parties that no waiver or breach of any of the covenants or
provisions of this Agreement shall be construed to be a waiver of any succeeding breach of the
same or any other covenant.
16) Indemnification
Each party shall be liable for its own actions and negligence, and to the extend permitted by law,
the County shall indemnify, defend, and hold harmless the Contractor against any actions,
claims, or damages arising out of the County's negligence in connection with this Agreement,
and the Contractor shall indemnify, defend, and hold harmless the County against any actions,
claims, or damages arising out of the Contractor's negligence in connection with this Agreement.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute
agreement by either party to be responsible for such other party's negligent, willful or intentional
acts or omissions.
17) Insurance
A. Each party warrants and represents that it is self-insured for General Liability,
Watercraft Liability, and Automobile Liability under Florida sovereign immunity statutes with
coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver
limits that may change and be set forth by the legislature. In the event a Party maintains third-
party Commercial General Liability, Watercraft Liability, and Business Auto Liability in lieu of
exclusive reliance on self-insurance under Section 768.28, Florida Statutes, that party shall agree
to maintain said insurance policies at limits not less than $500,000 combined single limit for
bodily injury or property damage. The parties agree to maintain or to be self-insured for
Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute
440.
B. The parties further agree that nothing contained herein shall be construed or
interpreted as: (1) denying to any party any remedy or defense available to such party under the
laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to
be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver
provided in Section 768.28, Florida Statutes.
C. When requested, each party shall provide any other party with an affidavit or
Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status,
which all parties agree to recognize as acceptable for the above mentioned coverages.
Compliance with the foregoing requirements shall not relieve any party of its liability and
obligations under this Agreement.
18) Applicable Law
Any litigation arising from or relating to this Agreement will be governed by the laws of the
State of Florida and the venue in any such proceeding will be exclusively in Palm Beach County,
Florida.
19) Severability
In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held
to be invalid by a court of competent jurisdiction, such will not affect the remaining portions of
this Agreement and the same will remain in full force and effect.
20) Enforcement Costs
Any costs or expenses, including reasonable attorney's fees, associated with the enforcement of
the terms or conditions of this Agreement will be borne by the respective parties. This provision
pertains only to the parties to the Agreement.
21) Counterparts
This Agreement may be executed in two (2) or more counterparts, each of which will be deemed
an original, all of which together will constitute one (1) and the same instrument.
22) Captions
The captions and section designations set forth herein are for convenience only and have no
substantive meaning.
23) Exhibits
The Exhibits referred to and attached to this Agreement are incorporated herein in full by this
reference.
24) Assignment
This Agreement is not assignable by either party.
25) Equal Opportunity
The County and the Contractor agree that no person shall, on the grounds of race, color, sex,
national origin, disability, religion, ancestry, age, marital status, or sexual orientation be
excluded from the benefits of, or be subjected to any form of discrimination under any activity
carried out by the performance of the Agreement.
26) Construction
This Agreement shall not, solely as a matter of judicial construction, be constructed more
severely against one of the parties than the other.
27) Modification and Amendment
Except as expressly permitted herein to the contrary, no modification, amendment, or alteration
in the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formalities used to execute this Agreement.
28) Entirety of Agreement
This Agreement represents the entire understanding between the parties, and supersedes all other
negotiations, representations, or agreement, either written or oral, relating to this Agreement.
29) Delegation of Authority to Execute this Agreement.
The Board of County Commissioners of Palm Beach County, Florida delegated the authority to
execute this Agreement to the County Administrator or his designee on December 18th, 2007 in
Resolution R2007-2277.
The remainder of this page is intentionally left blank.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
Signed in the presence of witnesses:
PALM BEACH COUNTY, FLORIDA:
RiCh~~
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY CITY OF BOYNTON BEACH
~ "1:--/ By: ~q \
County Attorney Kurt Bressner, City Manager
Date: 7 - Cf- 08
Attest:
Yn.~~
CITY ATTORNEY
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The Cihj oi Bollnton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
MEMORANDUM
TO: Sergeant Suzanne Gitto
Police Department
FROM: Janet M. Prainito
City Clerk
DATE: July 9, 2008
SUBJECT: R08-075 - Interlocal Agreement for Law Enforcement Services
between Palm Beach County and the City/Boynton Beach Police
Department for the Manatee Protection Program
Attached for your handling are three (3) partially executed oriainal agreements
mentioned above and a copy of the Resolution. Once the documents have been fully
executed, please return one original document to the City Clerk's Office for Central File.
Thank you.
~Yn. ~
Attachments (4)
c: Central File & Follow-up
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\200B\Suzanne Gitto - ROB-022.doc
America's Gateway to the Gulfstream
Stanzione, Tammy
From: Gitto, Suzanne
Sent: Wednesday, July 09, 2008 11 :58 AM
To: Stanzione, Tammy
Subject: Re: Interlocal Agreement for Manatee Protection
Stephanie slater will pick it up today.. .thx
-----Original Message-----
From: Stanzione, Tammy
To: Gitto, Suzanne
Sent: Wed Jul 09 11:33:54 2008
subject: Interlocal Agreement for Manatee Protection
sergeant Gitto,
The original documents have been signed by Boynton Beach Officials and are ready for you
to forward the County. Please come by at your convenience to pick them up.
Tammy L. Stanzione
Administrative Associate
City Clerk's Office
City of Boynton Beach
(561) 742-6060
stanzionet@ci.boynton-beach.fl.us
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