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R16-129 1 RESOLUTION NO. R16 -129 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN 6 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON 7 BEACH AND THE TOWN OF BRINY BREEZES FOR THE 8 PROVISION OF LAW ENFORCEMENT SERVICES; AND 9 PROVIDING FOR AN EFFECTIVE DATE. 10 11 12 WHEREAS, the Town of Briny Breezes ( "Town ") desires the City of Boynton Beach 13 ( "City ") to provide law enforcement services to the Town; and 14 WHEREAS, the City has the equipment, personnel and resources to extend its 15 protection service area to provide law enforcement services to the Town; and 16 WHEREAS, the Police Department has analyzed the operational and administrative 17 impact and is able to effectively handle the current generated call volume and will use 18 revenue generated from this Agreement to fund personnel and other necessary resources to 19 ensure adequate law enforcement coverage to Briny Breezes; and 20 WHEREAS, the City Commission of the City of Boynton Beach, upon 21 recommendation of staff deems it to be in the best interests of the residents and citizens of the - 22 City of Boynton Beach to approve and authorize the Mayor to sign the Interlocal Agreement 23 between the City of Boynton Beach and the Town of Briny Breezes for law enforcement 24 services. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AS 27 FOLLOWS: 28 Section 1. Each Whereas clause set forth above is true and correct and 29 incorporated herein by this reference. C:\ Users \Stanzionet\Appdata\Local \Microsoft \Windows \Temporary Internet Files \Content.IE5 \52FYTEOE \ILA_With_ Briny_ Breezes _For_Law_Enforcement_- _Reso.Doc 30 Section 2. The City Commission of the City of Boynton Beach hereby approves and 31 authorizes the Mayor to sign the Interlocal Agreement between the City of Boynton Beach 32 and the Town of Briny Breezes for law enforcement services, a copy of the Interlocal 33 Agreement is attached hereto as Exhibit "A ". 34 Section 3. This Resolution shall become effective immediately upon its adoption. 35 PASSED AND ADOPTED thisegaik day offG / , 2016. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor — Steven B. Grant 41 42 Vice Mayor — Mack McCray 43 44 Commissioner — Justin Katz 45 46 Commissioner — Christina L. Romelus f 47 48 Commissioner — Joe Casello 49 50 51 VOTE 52 ATTEST: 53 54 !! 1 'r 55 56 Judi /A. Pyle, CMC 57 Int:fm City Clerku 58 t 59 r k 60 (Corporate Seal) 1 14-4 , A C:\ Users \Stanzionet\Appdata\Local \Microsoft \Windows \Temporary Internet Files\ Content. IE5\ 52FYTEOE \ILA_With_Briny_Breezes_For Law_Enforcement_- _Reso.Doc INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT SERVICES This Interlocal Agreement, is made and entered into by and between the City of Boynton Beach, a municipal corporation of the State of Florida, hereinafter called "Boynton Beach ", and the Town of Briny Breezes, a municipal corporation of the State of Florida, hereinafter called 'Briny Breezes ", which municipalities are adjoining municipal corporations located within the County of Palm Beach, Florida. WITNESSETH: WHEREAS, Section 163.01 and 166.0495, Florida Statutes, authorize a municipality to enter into an interlocal agreement with an adjoining municipality in the same county to provide law enforcement services, conduct law enforcement activities, and provide police protection services, hereinafter called "Law Enforcement Services ", within the territorial boundaries of the other adjoining municipality; and WHEREAS, Briny Breezes is in need of law enforcement services within its territorial boundaries for the safety, protection and general well being of its citizens, residents, property owners, and the members of the public; and, WHEREAS, Briny Breezes has requested an Interlocal Agreement be entered between it and. Boynton Beach pursuant to Section 163.01 and. 163.0495, Florida Statutes, by which Boynton Beach shall and will provide it with the law enforcement services that Briny Breezes requires within its territorial boundaries by and through. the Boynton Beach Police Department; and, WHEREAS, Boynton Beach is willing to enter into such an Interlocal Agreement with Briny Breezes for the purposes aforesaid upon and for a fair consideration. NOW THEREFORE, for and in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for other good and valuable considerations, the parties agree as follows: Section 1. Recitals Adopted The above recitals are true and correct, and are adopted herein as legislative findings of fact. Section 2. Services Personnel and Equipment Boynton Beach agrees to provide law enforcement services within the territorial boundaries of the municipality of Briny Breezes in substantially the same level of services as that provided by Boynton Beach for its own citizens. Section 3. Inspection and Approval Briny Breezes acknowledges that it has inspected the Boynton Beach Police Department, has informed itself as to the number of sworn law enforcement officers and police personnel employed, the amount and quality of equipment and physical resources available for police protection and law enforcement activities, and the available scope and capabilities of such police facilities, and does hereby Page 1 of 6 approve and accept these personnel, services and facilities as being adequate, reasonable, and capable for the purpose of providing law enforcement services within the territorial boundaries of the Town of Briny Breezes. Section 4. Term. of Contract The term of this agreement shall be for a period of three (3) years, commencing on October 1, 2016, at 12:01 A.M., and tenninating on September 30, 2019, at midnight. This Agreement can be extended for an additional tern or terms if an Addendum to this Agreement is approved by both parties prior to the expiration of this Agreement. Prior to its effectiveness, an interlocal agreement and subsequent amendments thereto shall be filed with the clerk of the circuit court of each county where a party to the agreement is located. Section 5. Amount and Method of Payment A. In consideration of Boynton Beach providing the law enforcement services provided herein, Briny Breezes agrees to pay Boynton Beach compensation in the sum of Two Hundred Thousand Dollars ($200,000.00) for Fiscal Year 2016/2017. B. The fees for FY 2017/2018 and FY 2018/2019 to be calculated based on the Consumer Price Index (CPI) for the Miami -Fort Lauderdale regional area plus 1.5 %. To determine adjustments, reference will be made to the June benchmarks. Should the CPI ever fall below 0, the minimum increase for years two (2) and three (3) will be 1.5% over the previous year. Briny Breezes shall pay such compensation to Boynton Beach in twelve equal installments, to be paid consecutively on the first day of each month throughout the term of this agreement. Section 6. Termination In the event that the Town of Briny Breezes should cease to be a municipal corporation of the State of Florida by reason of its dissolution or abolishment, or by its merger or consolidation. with the County of Palm Beach or with another municipal corporation within said county, then in such event this agreement shall thereupon terminate and cease to be in effect. Any indebtedness payable hereunder by the Town of Briny Breezes to the City of Boynton Beach for services provided pursuant to the terms hereof shall be equitably prorated up to and including the date of said termination. Section 7. Lawful Authority By entering into this Agreement, Briny Breezes delegates law enforcement powers and authority to the Boynton Beach Police Department and its officers within the territorial boundaries of the Town of Briny Breezes. Section 8. Exclusive Authority In rendering services hereunder in and for the Town of Briny Breezes, the Chief of Police of Boynton Beach shall have full, complete, and exclusive authority over the use and operations of the personnel, vehicles, and equipment of the Boynton. Beach Police :Department. The Police Chief shall have full discretion to Page 2 of 6 employ accepted techniques, methods, and procedures in performing law enforcement services, conducting law enforcement activities and providing law enforcement services within the territorial boundaries of the Town of Briny Breezes as the Police Chief deems necessary. Section 9. Personnel Complaints All suggestions, recommendations, and complaints concerning the services provided hereunder shall be directed to the attention of the Chief of the Boynton Beach Police Department in writing for proper administrative remedy and /or response. Section 10. Official Appointment The Chief of Police of Boynton Beach is hereby appointed as, and declared to be, the Town Marshal of Briny Breezes. All sworn law enforcement officers of the Boynton Beach Police Department are hereby appointed as, and declared to be, Deputy Town Marshals of Briny Breezes. Prior to commencement of their duties hereunder, all appointees and designees shall take an oath of office as sworn law officers for the Town of Briny Breezes. The Town Clerk is hereby authorized and directed to administer such oath of office to the Chief of Police of Boynton Beach, and the Chief of Police shall administer the oath of office to his law enforcement officers. Section 12. Procedure for Simultaneous Public Safety Problems The parties agree that if the Police Department of the City of Boynton Beach receives simultaneous calls for its services for separate incidents or other public safety problems in both Boynton Beach and Briny Breezes, the judgment of the Chief of the Boynton Beach Police Department, or his senior officer on duty at the time, as to which call should receive first priority response shall be binding upon the parties hereto and shall control their actions. Section 13. Boynton Beach's Insurance In rendering services hereunder to Briny Breezes, Boynton Beach shall carry all necessary and required policies of insurance in amounts of coverage sufficient to protect its personnel in the event of death or injury and its equipment in the event of damage or destruction, and shall provide its employees with Workers' Compensation. Insurance, and Law Enforcement Officers Death Benefit Insurance. Boynton Beach shall also carry all risk liability insurance continually during the term of this Agreement in an amount acceptable to Briny Breezes. Briny Breezes shall be named as an additional insured on all said policies which must provide for 30 -days notice to Briny Breezes prior to cancellation. Section 14. Briny Breezes' Insurance Briny Breezes shall carry all risk liability insurance continually during the term of this Agreement in an amount acceptable to Boynton Beach. Boynton Beach shall be named as an additional insured on said policy, which must provide for 30 -days notice to Boynton Beach prior to cancellation. Page 3 of 6 Section 15. Quality of Service Boynton Beach agrees to use its best efforts to provide Briny Breezes with a professional level of police protection to the same extent as that which is customarily provided in Palm Beach. County by a Town comparable in size to Boynton Beach. This shall include the following: a. Provide routine patrol with the same regularity as in Boynton Beach b. Respond to calls for service C. Check security of common buildings (night time) d. Investigate crimes occurring in the Town of Briny Breezes e. First responder treatment of injured residents £ Provide information and activity reports to Briny Breezes Town Hall and Manager's Office g. Provide speakers on Crime Prevention and Safety upon request h. Any and all other Police Services as delivered to residents of Boynton Beach Section 16. Notice to the Parties Any notices required or contemplated under this Agreement shall be in writing and be sent to the Mayor of Briny Breezes at 4802 North Ocean Boulevard, Briny Breezes, Florida 33435; and to the Mayor of Boynton Beach at 100 E. Boynton Beach Boulevard, .Boynton. Beach, Florida 33435. Section 17. Construction of Words and Terms Wherever herein the context so requires, the use of the singular shall include the plural and vice versa, the use of the masculine shall include the feminine and neuter vice versa, and the use of "officials" shall include all appointed and elected officials of Boynton Beach and Briny Breezes, and their successors and assigns. Section 18. Integration This instrument embodies the whole agreement of the parties -on the subject matter contained herein and there are no promises, terms, conditions, or obligations other than those herein contained. This Agreement shall supersede all previous communications, representations, offers, advertisements, brochures, proposals, or agreements regarding the subject matter contained herein, either oral or written, between the parties hereto and not herein contained.- Section 19. Severability In the event that any part, term or provision of this Agreement is found to be illegal or inoperative by a court of competent jurisdiction, the validity of the remaining proportions and provisions shall not be affected, and the rights and obligations or the parties shall be construed and enforced as if this Agreement did not contain the particular part, term or provision so held to be invalid. Section 20. Captions Captions are included for convenience only and shall be given no legal effect whatsoever. Page 4 of 6 Section 21. Records. Each party shall maintain its public records in accordance with Chapter 119, Florida Statutes. Upon receipt of a public records request each party shall notify the other no later than 5:00 p.m. on the second day following receipt of a request. Section 22. Venue. Venue for any action regarding the rights and duties arising from this Agreement shall be in Palm Beach County, Florida. IN WITNESS WHEREOF the City Commission of Boynton Beach and Town Council of Briny Breezes have duly authorized their respective Mayors and Clerks sign this Interlocal Agreement. The last date of execution shall be considered the date hereof. TOWN OF BRINY BREEZES f ' r By _ MOO&L HILL, Date Mayor ATTEST: By �L _ ROBER JVR©VAT Town Cl rk'. xo Tem' APPROVED AS TO FORM AND CORRECTNESS: Town of Briny Breezes Page 5 of 6 ATTEST: By II DITH A. PYLE CMC nterim City Clerk APPROVED AS TO FORM AND CORRECTNESS: rba- cj�-�& "10'." 2 AMES A. ER City Attorney, Cit of oynton Beach Page 6 of 6 aF TOWN OF BRINY BREEZES 4802 N. Ocean Boulevard Briny Breezes, Florida 33435 Telephone: (561) 272 -5495 Fax: (561) 272 -1988 STATE OF FLORIDA COUNTY OF PALM BEACH ) SS TOWN OF BRINY BREEZES I, Steven Cooper, duly appointed and acting Deputy Town Clerk of the Town of Briny Breezes, Florida, do hereby certify that the foregoing is a true and correct copy of the original instrument(s) described as below of the Town of Briny Breezes, Florida, as contained in the official records of the Town of Briny Breezes. Ordinance Number 4 -2016 authorizing and approving the Interlocal Agreement between the Town of Briny Breezes and the City of Boynton Beach Police Department for the City of Boynton Beach to provide Law Enforcement Services to the Town of Briny Breezes for a period of three (3) years beginning October 1, 2016, through September 30, 2019, with an executed copy of said Interlocal Agreement attached as an exhibit thereto. WITNESS my hand and the Official Seal of the Town of Briny Breezes, Florida this 22 day of September, 2016. Ste rr°' ooper, De ty own Clerk Town of Briny Breezes (Town Seal)