R11-085
II I
1 RESOLUTION R11- DBS"
~I
,(..
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
5 AN INTERLOCAL AGREEMENT FOR LAW
6 ENFORCEMENT SERVICES BETWEEN PALM BEACH
7 . COUNTY AND THE CITY OF BOYNTON BEACH FOR
8 THE ADMINISTRA TION OF THE MANATEE
9 PROTECTION CONSERVATION PROGRAM FROM
10 NOVEMBER 15, 2011 THROUGH MARCH 31, 2014; AND
11 PROVIDING AN EFFECTIVE DATE.
12
13
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 law enforcement officers from the
18 Boynton Beach Police Marine Unit allows for the reimbursement for law enforcement services
19 at a rate of $87.50 per hour for on-water enforcement activity; and
20 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
21 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
22 Beach to authorize execution of the Interlocal Agreement with Palm Beach County for the
23 administering of the Manatee Protection Conservation Program.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
.
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
2~ hereof.
i
2~ Section 2. The City Commission of the City of Boynton Beach hereby authorizes
I .
S:\CA\RESO\Agreements\Reso - ILA with PSC for manatee protection(2011 to 2014).doc
I
II I
1 the City Manager and City Clerk to execute an Interlocal Agreement between the City of
2 Boynton Beach and Palm Beach County for the administration of the Manatee Protection
3 Conservation Program from November 15, 2011 through March 15, 2014, a copy of said
4 Agreement is attached hereto and made a part here as Exhibit "A".
5 Section 3. That this Resolution shall become effective immediately upon passage.
""'
6 PASSED AND ADOPTED this ~ day of August, 2011.
7
8
9
10
11
12
H
14
1$
16 .
1t ,{
1$
1~ dA',
~t Comm
2
2
2 . Commissioner Ste en olzm '-
2 4l~L
2
2
2 Commissioner - Marlene Ross
2 ATTEST:
3
3
3 Ja et iV1. Prainito, MMC
3 Ity Clerk
3
3
3
3
S:\CA\RESO\Agreements\Reso - ILA with PSC for manatee protection(2011 to 2014).doc
12.. 11-08S
INTERLOCAL AGREEMENT FOR
LAW ENFORCEMENT SERVICES
BETWEEN PALM BEACH COUNTY
AND
THIS AGREEMENT is made this day of , 2011, between City
of Boynton Beach Police Department of Palm Beach County, Florida, hereinafter 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, on December 18, 2007, the Board of County Commissioners
approved a Resolution (2007-2277) with a standard form Interlocal Agreement with law
enforcement agencies for an increased law enforcement presence in the estuarine waters
of Palm Beach County during manatee season; and
WHEREAS, it is in the interest of the Board of County Commissioners to approve
a revised standard form Interlocal Agreement for law enforcement services during
manatee season; 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 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 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,
Sunday and Martin Luther King and President's 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, Sunday and the above-cited holidays
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 in writing
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. All marine officers performing services pursuant to this Agreement must
be knowledgeable of State statutes, administrative rules, local and County ordinances
related to vessel control, marine resource protection, manatee protection, existing boat
and manatee protection speed zones, waterway markings, regulatory signs in the
enforcement areas and must have the knowledge necessary to assist in educating boaters
about manatee and boater safety issues. The County may request documentation of
training and experience of each officer who performs services under this Agreement to
ensure that such officers are qualified to perform services pursuant to this Agreement.
E. 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. The
Contractor shall provide the following information with the invoice: Standard Marine
Enforcement MontWy 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. Unless explicitly requested by the County, the County will not reimburse
the Contractor for the presence of more than one officer per boat.
F. 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
by the officer to attend such court proceeding.
S) Responsibility of the County
A. The County will reimburse the Contractor for law enforcement services as
provided for herein at the rate of $87.50 per hour per officer for on-water enforcement
activity and approved court proceedings, 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 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,
which will be defined in an award letter ("Award Letter") sent to the Contractor each
year prior to the beginning of manatee season.
B. The County may perform an evaluation of each Contractor after January
ISth of each year to assess the quality and quantity of services being performed by the
Contractor between November 15 and January 15 of each year. If it appears that the
Contractor is not providing sufficient law enforcement services to expend the funds set
aside for the Contractor per the Award Letter, the County may issue an amended award
letter ("Amended A ward Letter") to the Contractor reducing the funds set aside for the
Contractor in the A ward Letter so that such funds may be reallocated to more productive
Contractor( s).
6) Effective Date and Term of the Agreement
This Agreement shall take effect November 15th, 2011 and shall terminate on March 31 S\
2014, unless earlier terminated as provided herein or extended by the parties.
7) Authorized Representative
A. The County's authorized representative is the Director of the 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 his/her 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
A. 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.
B. In order for both parties herein to close their books and records at the
conclusion of each manatee season, the Contractor will clearly state "final invoice" on the
Contractor's final/last invoice to the County. This shall constitute the Contractor's
certification that all services have been properly performed and all charges and costs have
been invoiced to the County. Any other charges not properly included on this final
invoice are waived by the Contractor.
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
Fax: (561) 742-6011
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
Director of 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 ten (10) 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 thirty
(30) days prior written notice.
IS) 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
The Contractor shall be responsible for the acts of its officers, agents and employees,
arising during and as a result of their performance of the terms of this Contract or due to
the acts or omissions of the Contractor.
17) Insurance
A. Without waiving the right to sovereign immunity as provided by s.768.28
fs., the Contractor acknowledges to be self-insured for General 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.
B. In the event the Contractor maintains third-party Commercial General
Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under
s. 768.28 fs., The Contractor shall agree to maintain said insurance policies at limits not
less than $500,000 combined single limit for bodily injury or property damage
C. The Contractor agrees to maintain or to be self-insured for Worker's
Compensation & Employer's Liability insurance in accordance with Florida Statute 440.
D. When requested, the Contractor shall agree to provide an affidavit or
Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity
status, which the County agrees to recognize as acceptable for the above mentioned
coverages.
E. Compliance with the foregoing requirements shall not relieve the
Contractor 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 ofthe 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 arc 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, sexual orientation, familial
status, gender identity or gender expression be excluded from the benefits oC 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. he 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 July 25th, 2011 in
Resolution R N/A
- -
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
ATTEST: PALM BEACH COUNTY, FLORIDA
BY: IT'S BOARD OF COUNTY
COMMISSIONERS
By: ~~,
Deputy Clerk Director
Department of Environmental Resources Management
APPROVED TO FORM AND CITY OF BOYNTON BEACH
LEGAL SUFFICIENCY:
/fLv-~___ ~ By ~~~V~._..--
CIty anager
County Attorney
c};U~1j~~ORN~
I EXHIBIT A I
+.,('
--~-----.,
I
\,
'.
" \ I
\ ~1~\ \., i
\ . " ,
, .",J ~
.1.....<..;;.......\.
, 'j'"" ~ ~: :I
i ..A;' , ~ q",
1~ \, . ~t"
\ 2<,,,,. \ ,. lj""i
~. .r \ ~
/':r! \ . )
".::::.J " i f
N.., : \ ~l&t
oo.w.~~"'~_ \ . ~ \ -~ *'.~
I W!:;' jU'~
1 '~"y\ " ~.~~
~.... ~ (1; ~ ' ~~~" -.
1 ....\~ \ \\ XC'li", _
t \) ,7',: 1 ' .
t U i 8....... \ ~
~ f' ."'.... , .......... ~.
, \, ~
\ -2..... 'I, g~,
I, B '1 \:' \~~~
Map A Map C
Quick Reference Guide
o 1 2 3 4
_ _ Miles
Palm Beach County
Waterway Speed Zones
-+- t~ Oi' . ....,M.. !~M:i~]~UM_ Map +F --.:
l' Z"" ~',' 'M". r.... ''''..''4 ..~,._>l..... "C',
I ,....., . . ~ J..:~~; lji C.1I I
~~' '.~ , e r _ '::, ! ~c-l J
........... ! ! ' 'r! j
......-1" "fl'.,I! ~ynto. I f' -." ~w I
...........-.. ',i st..c;h '. )! ,J f
~' I . i:' if,' f
, . ,I i . -f;--" i
, : . I " I
, ! .~. Ji I
....... ..' I I, t ../ I
f ' ,n'I,. r / J.. I,)'~j~ . . ~/ i :'.:~.' f
~ i ' , .il:': /, .
~ I ! ., P ~e: ........., I~~~
~ ft,. L...._. ! f!,. s..,.., spe<.-d wi;n '50' uf'slwr<' !
-g:;r- I .,1, JO.mpIlirlchanneIJ.....I.S.pt30 i
. 'i ,I Ii r 25 mph in clwln<1 r_ind"" ofth. y<ar L
f I Dltlr~' I, -Ratf' '
o.r..- "t"~ ~',' /,1 ~-~. '*~
I ). ! C . Jr..... --- ,
. , , , ~
i' ) I , f ... ,
f ., I ' ... , I
-.....1 [I 1 i '/' i'
f. I i __ !
I J1 l i '--.! lIR,_ #.
_j';' i r i' : ..j-....... ~
J. ,f " . ~" '---
i /,1 !l .....',
_.- ~J ! t I' 1;.,"1;::.:.............. '1. '
f I 'II U "'iF NF~ --
I I tr---- ....-- ! """"1: I I'
~..~ 1, j .:~J ';1 .. ..,... . _ I ~ .......:
/-- + " ...-'1..-1....1 .~. t, ....r..
-+-- .... i :}, P -i'..ti"'1't:.~:i~.
IJ~ N
~, ~ \\~l_E
~ t~ ~t"~
"-,,' "
Nnll" \\'at~\u::- !>pt."\..~ LltT1...~ wen: t:slabli~...d b;. I \\( anll dcl1n;;:d In h\( 68U-~4.(H 'f dloOaler Sllfh:...
/''',,,,'.l ,l"ct 1 \.( .,,,(' :r:: OClQ C \.1 ,waC """ -",,..,.....; , "r '''''~.. ,,,1<>"""..,l...,.. ,..>'l(,l(;! "U,( 'rl ~ Io;flo:,1 055 1OI7?'i