R23-144 1 RESOLUTION NO. R23-144
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3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING THE CITY MANAGER TO
6 SIGN AN INTERLOCAL AGREEMENT WITH PALM BEACH
7 COUNTY FOR LAW ENFORCEMENT SERVICES IN
8 CONNECTION WITH ADMINISTERING THE MANATEE
9 PROTECTION CONSERVATION PROGRAM; AND PROVIDING
10 AN EFFECTIVE DATE.
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13 WHEREAS, The Board of County Commissioners has established and is administering a
14 program of conservation that provides for increased law enforcement presence in the County's
15 waterways as one means of greater manatee protection; and
16 WHEREAS, this Interlocal Agreement allows for the use of law enforcement officers
17 from Boynton Beach Police Department and for the reimbursement at a rate of $87.50 per
18 hour for services performed under the Interlocal Agreement; and
19 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
20 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
21 Beach to approve and authorize the City Manager to sign the Interlocal Agreement with Palm
22 Beach County which expires March 31, 2028, for law enforcement services in connection with
23 administering the manatee protection conservation program.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
25 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
S:\CA\RESO\Agreements\ILA with PBC for Law Enforcement Services-Manatee Program-Reso.doc
28 hereof.
29 Section 2. The City Commission of the City of Boynton Beach hereby authorizes
30 the City Manager to sign an Interlocal Agreement between the City of Boynton Beach and
31 Palm Beach County which expires March 31, 2028, for law enforcement services in connection
32 with administering the manatee protection conservation program. A copy of said Interlocal
33 Agreement is attached hereto and incorporated herein by reference as Exhibit "A".
34 Section 3. That this Resolution shall become effective immediately upon passage.
35 PASSED AND ADOPTED this 17th day of October, 2023.
36 CITY OF BOYNTON BEACH, FLORIDA
37 YES NO
38
39 Mayor—Ty Penserga
40
41 Vice Mayor—Thomas Turkin
42 /
43 Commissioner—Angela Cruz
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45 Commissioner—Woodrow L. Hay ✓/
46 /
47 Commissioner—Aimee Kelley
48
49 VOTE
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51 A EST:
52
53 '°. it..A _41
54 Mayl-e Jesus, MPA MC ,,, Ty Pvf
55 City Clefp�NT:ONe� ‘0
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56 ���ticQpRATf
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57 >-: L+�� APPROVED AS TO ORM:
58 `77 p(30� :
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59 \NCS
60 � ��''•••••••'*pQ'' David N. Tolces
61 FI pR� .>' Interim City Attorney
S:\CA\RESO\Agreements\ILA with PBC for Law Enforcement Services-Manatee Program-Reso.doc
INTERLOCAL AGREEMENT FOR
MANATEE LAW ENFORCEMENT SERVICES
BETWEEN PALM BEACH COUNTY
AND THE CITY OF BOYNTON BEACH
THIS AGREEMENT is made this 0 day of( \' C, 2023, between
The City of Boynton Beach, hereinafter referred to as "Contractor", and Palm Beach County, a
political subdivision of the State of Florida, by and through its Board of Commissioners
(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 (R2007-2277) 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 an updated standard form Interlocal Agreement was approved by the
Board on July 19, 2011 and again on August 19, 2014 (R2014-1193); 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
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WHEREAS,studies performed by the Florida Fish and Wildlife Conservation Commission
have 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 ee 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 31St. 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.
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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: Payment Request (Exhibit B); Standard Marine Enforcement Daily
Report Form (Exhibit C); 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.
5) 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. On-water enforcement
activity pertains to work on the water directly related to manatee enforcement and monitoring,and
does not include trailering boats or law enforcement personnel commutes to and from any marinas,
boat ramps and/or launch locations. 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 1st 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 the Contractor anytime during manatee
season to assess the quality and quantity of services being performed by the Contractor. If it
appears to the County, in its sole discretion, 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 Award Letter")to the Contractor reducing
the funds set aside for the Contractor in the Award Letter so that such funds may be reallocated to
more productive County contractor(s) providing manatee law enforcement services. If it appears
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to the County,in its sole discretion,that the Contractor is productive and 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 to the Contractor increasing the funds set aside for
the Contractor in the Award Letter.However,the County may only increase funds set aside for the
Contractor if there is a corresponding reduction in funds set aside for another County contractor
providing manatee law enforcement services.
6) Effective Date and Term of the Agreement
This Agreement shall take effect on November 15, 2023 and shall terminate on March 31, 2028,
unless earlier terminated as provided herein or extended by the parties.
7) Authorized Representative
A. The County's authorized representative:
Deborah Drum, Director, Department of Environmental Resources Management
(561)233-2400
West Palm Beach, Florida, or designee
B. The Contractor's authorized representative:
Daniel Dugger, City Manager
(561) 742-6013
100 East Ocean Avenue
Boynton Beach, Florida, or designee
8) Independent Contractor
The Contractor is, and shall be, in the performance of all work services and activities under this
Contract, an Independent Contractor, and not an employee, agent, or servant of the County. All
persons engaged in any of the work or services performed pursuant to this Contract shall at all
times,and in all places,be subject to the Contractor's sole direction, supervision,and control. The
Contractor shall exercise control over the means and manner in which it and its employees perform
the work, and in all respects the Contractor's relationship and the relationship of its employees to
the County shall be that of an Independent Contractor and not as employees or agents of the
County.
The Contractor does not have the power or authority to bind the County in any promise,agreement
or representation.
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.
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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 Contractor shall maintain adequate records to justify all charges, expenses,and costs incurred
in estimating and performing the work for at least five(5)years after completion or termination of
this Contract. The Contractor shall have access to such books,records,and documents as required
in this section for the purpose of inspection or audit during normal business hours, at the
Contractor's place of business.
Palm Beach County has established the Office of the Inspector General in Palm Beach County
Code, Section 2-421 -2-440, as may be amended. The Inspector General's authority includes but
is not limited to the power to review past, present and proposed County contracts, transactions,
accounts and records, to require the production of records, and to audit, investigate, monitor, and
inspect the activities of the Contractor, its officers, agents, employees, and lobbyists in order to
ensure compliance with contract requirements and detect corruption and fraud.
Failure to cooperate with the Inspector General or interfering with or impeding any investigation
shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant
to Section 125.69, Florida Statutes,in the same manner as a second degree misdemeanor.
12)Funding
The County's performance and obligation to pay under this contract for subsequent fiscal years
are contingent upon annual appropriations for its purpose by the Board of County Commissioners.
13)Notice
All notices required in this Contract shall be sent by certified mail, return receipt requested, hand
delivery or other delivery service requiring signed acceptance, to the respective
addresses/recipients specified below:
As to the Contractor:
City of Boynton Beach
Attn: City Manager
100 East Ocean Avenue
Boynton Beach,Florida 33435
duggerd@bbfl.us
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Copy To:
Boynton Beach Police Department
Attn: Officer Jaclyn Smith
2100 High Ridge Road
Boynton Beach,Florida 33426
smithja@bbfl.us
As to County:
Palm Beach County
Attn. Deborah Drum, 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: Scott A. Stone,Assistant County Attorney
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.
15)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 extent 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
Department shall indemnify, defend and hold harmless the County against any actions, claims, or
damages arising out of the Department's negligence in connection with this Agreement. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits
set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute
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agreement by either party to indemnify the other party for such other party's negligent, willful or
intentional acts or omissions.
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 Liabilityand Automobile Liabilityunder
g
Florida sovereign immunity statutes with coverage limits of$200,000 Per Person and $300,000
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
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, or the application of such terms or provision, to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other term
and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by
law.
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, including the exhibits referenced herein, may be executed in one or more
counterparts, all of which shall constitute collectively but one and the same Agreement. The
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County may execute the Contract through electronic or manual means. Contractor shall execute
by manual means only,unless the County provides otherwise.
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)Nondiscrimination
The County is committed to assuring equal opportunity in the award of contracts and complies
with all laws prohibiting discrimination.Pursuant to Palm Beach County Resolution R2017-1770,
as may be amended, the Contractor warrants and represents that throughout the term of the
Agreement, including any renewals thereof, if applicable, all of its employees are treated equally
during employment without regard to race, color, religion, disability, sex, age, national origin,
ancestry,marital status,familial status,sexual orientation,gender identity or expression,or genetic
information. Failure to meet this requirement shall be considered default of the Agreement.
As a condition of entering into this Agreement,the Contractor represents and warrants that it will
comply with the County's Commercial Nondiscrimination Policy as described in Resolution 2017-
1770, as amended. As part of such compliance,the Contractor shall not discriminate on the basis
of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual
orientation, gender identity or expression, disability, or genetic information in the solicitation,
selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial
customers, nor shall the Contractor retaliate against any person for reporting instances of such
discrimination. The Contractor shall provide equal opportunity for subcontractors, vendors and
suppliers to participate in all of its public sector and private sector subcontracting and supply
opportunities,provided that nothing contained in this clause shall prohibit or limit otherwise lawful
efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in
the County's relevant marketplace in Palm Beach County. The Contractor understands and agrees
that a material violation of this clause shall be considered a material breach of this Agreement and
may result in termination of this Agreement, disqualification or debarment of the company from
participating in County contracts, or other sanctions. This clause is not enforceable by or for the
benefit of, and creates no obligation to, any third party. Contractor shall include this language in
its subcontracts.
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.
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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)No Third Party Beneficiaries
No provision of this Agreement is intended to, or shall be construed to, create any third party
beneficiary or to provide any rights to any person or entity not a party to this Agreement,including
but not limited to any citizen or employees of the County and/or the Contractor.
30)Remedies.
This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary
to enforce the Contract will be held in a court of competent jurisdiction located in Palm Beach
County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any
other remedy, and each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing at law or in equity,by statute or
otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
31)E-Verify—Employment Eligibility
Contractor warrants and represents that it is in compliance with section 448.095,Florida Statutes,
as may be amended, and that it: (1) is registered with the E-Verify System (E-Verify.gov), and
uses the E-Verify System to electronically verify the employment eligibility of all newly hired
workers; and (2) has verified that all of Contractor's subconsultants performing the duties and
obligations of this Contractor are registered with the E-Verify System, and use the E-Verify
System to electronically verify the employment eligibility of all newly hired workers.
Contractor shall obtain from each of its subconsultants an affidavit stating that the subconsultant
does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined
in section 448.095(1)(k), Florida Statutes, as may be amended. Contractor shall maintain a copy
of any such affidavit from a subconsultant for, at a minimum,the duration of the
subcontract and any extension thereof. This provision shall not supersede any provision of this
Agreement which requires a longer retention period.
County shall terminate this Agreement if it has a good faith belief that Contractor has knowingly
violated Section 448.09(1),Florida Statutes, as may be amended. If County has a good faith belief
that Contractor's subconsultant has knowingly violated section 448.09(1),Florida Statutes,as may
be amended, County shall notify Contractor to terminate its contract with the subconsultant and
Contractor shall immediately terminate its contract with the subconsultant. If County terminates
this Agreement pursuant to the above, Contractor shall be barred from being awarded a future
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agreement by County for a period of one (1) year from the date on which this Agreement was
terminated. In the event of such agreement termination, Contractor shall also be liable for any
additional costs incurred by County as a result of the termination.
32)Public Records
Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the
Contractor: (i)provides a service; and(ii) acts on behalf of the County as provided under Section
119.011(2) F.S., the Contractor shall comply with the requirements of Section 119.0701, Florida
Statutes, as it may be amended from time to time the Contractor is specifically required to:
A. Keep and maintain public records required by the County to perform services as provided
under this Agreement.
B. Upon request from the County's Custodian of Public Records,provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as
otherwise provided by law. The Contractor further agrees that all fees, charges and
expenses shall be determined in accordance with Palm Beach County PPM CW-F-002,
Fees Associated with Public Records Requests, as it may be amended or replaced from
time to time.
C. Ensure that public records that are exempt, or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the agreement term and following completion of the Agreement,if the Contractor does not
transfer the records of the public agency.
D. Upon completion of the Agreement,the Contractor shall transfer, at no cost to the County,
all public records in possession of the Contractor unless notified by the County's
representative/liaison,on behalf of the County's Custodian of Public Records,to keep and
maintain public records required by the County to perform the service. If the Contractor
transfers all public records to the County upon completion of the Agreement, the
Contractor shall destroy any duplicate public records that are exempt, or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and maintains
public records upon completion of the agreement, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically by the
Contractor must be provided to County,upon request of the County's Custodian of Public
Records,in a format that is compatible with the information technology systems of County,
at no cost to the County.
Failure of the Contractor to comply with the requirements of this article shall be a material breach
of this Agreement. County shall have the right to exercise any and all remedies available to it,
including but not limited to, the right to terminate for cause. Contractor acknowledges that it has
familiarized itself with the requirements of Chapter 119,F.S., and other requirements of state law
applicable to public records not specifically set forth herein.
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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT RECORDS
REQUEST, PALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 301
N. OLIVE AVENUE, WEST PALM BEACH, FL 33401, BY EMAIL AT
RECORDSREQUEST@PBCGOV.ORG OR BY TELEPHONE AT 561-355-6680.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
first above written.
APPROVED AS TO FORM AND PALM BEACH COUNTY BOARD OF
LEGAL SUFFICIENCY: COUNTY COMMISSIONERS
By:
Assistant County Attorney Deborah Drum, Department Director
PBC Environmental Resources Management
APPROVED AS TO FORM AND CITY OF BOYNTON BEACH
LEGAL SUFFICIENCY:
Y•
David Tolces, City Attorney Daniel uggi, City Mana;
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SlowSpeedte: 1 t / 'I' \\ \\ \ tj �I j ;' 4%_;,
6b rout°t.nw. , 1i1 n /- _ ( J
, XI rno channel June t-Sept 30 1 _--_- BWe Neron %J�� 'I _- _ Southern eAd_� /!Jl
amph h nawelrem awaror9eyea�� f 1 { ° % I I itI'f2/I
\ tel� r-,�6 ,I \,\\ 'I_ J�1-__I 1 %';.''C.
�
I eanull and I !°G II
\� iwakReta ',_ 1 ... 1 :Shwseedjoh ,yl
I I -�•.dip-,t`Z '1''—�1�1 I
Pewit
llan 7 1 i� •1 taws wenn wm -j ale mm6. ..,
\\R ,1 7/�C"I i� - -----e p oRsosROM errun�' 1 I I
:./� I i 1 1 I AT DISCNAes I 1
\ :Wwtmera Ncv115-Mar.I, I 1
i, n i l ` I j 1I ! „ i1 r
I BI 1 I \ of G i/
B 1 ' _
1 i c o of
Map A — Map B Map C
Quick Reference Guide
1111111 Nonneeal Oporetion(Max Speed post,,,) Stow Speed,Z,.,,rnl Wake MI Idle Spood,NorWakd
In cases where seasonal manatee zones overlap less restrictive year-round zones,the seasonal zones are
depicted.For information on the specific zones,see Detailed Speed Zone Key below.
0 1 2 3 4
Miles
Palm Beach County
Waterway Speed Zones
Map D Map E Map F
\t Icl // J l �, D 7%fl I I — 'Ii
D '.. J' no 'Canal Et 0//� South Lake Worth I 'Fi t.. I
�- /C-16\\ t,- (Boynton)Inlet ,I -i li
W 1Pawn �a._�.(f,�1
I,
Beech Canal y f II r ! 11 •ll)1(I I
I 4 r l_�--_i__II• ,.:�--V,1/, serf^oa // I �1/4`�-)� ,
ei,
6noow I.w�. : 1 I r « Aw j 11-- '((i t
jNano-AIM.Islan Boynton I ir ( ri II •
Beach II I 1 _`I
y D I - t
j ,i S I- I--,r wlhdgh1 Rd f l rig 1 D / a
—\—, - --un,i Ave" •+Lf i Ft. I , r, f.--id;:!: T
� IJ --- i A 7 I
! 'y.. 6 / ! I� 517' A
_ ----\ I m f, it Note:-- = w-_,-"`jJ�
(--- '~I \ o ,_____I 1, Slow speed w/in 50'of shore J H - I
�, j :,amhr'° / f 1/ lry I O 30 mph in channel June I-Sept 30 1 1 I - t({
/ 7 j!I / j m 25 mph in channel remainder of the year ;; ,Ile ,(
- I I Lantana Rd_i -�%i 1 It I;' j i/ Boca RatOnj� 11
�i r DeIrayl L �Z 1 1
—u i NI9hM n.eauz Ana.
� •i BeaeM - UxeEztrmneGidbn , f i
1 / �i„_•, NE Rh 6t ' ".(ee
- oxo Rd 11 � I I 1 _/ -7j
i % %, --- -- ` 1-,- neon:Blvd 1 'sei9s1
'/I j� I Pelmeno Parc no
▪1.1/ , ph Manatee Use Area I II r,' ?▪l
•__ I 1 /�//[�,/ Use extreme Caution �, 11 -- __e 1'at ' Lak
l /, II 1 -{— A!\ 1,-R.,::—
`earl sive 3! j'I -----,(--�i. 11 I, I --Hj-� -4 l
=rte
- /SI I , I I/ l , 1._J :.;x- 4. '4 Boca Raton Inlet
I �l.' _- tI unto"Blvd Slow ap.ee ore I" yT_' 1„j 1,
Bo mnGenal I ��l South Lake Worth - --I i 11 --so•o tore- I IBate t5erery zone
��scl1 -- �'j it (Boynton)Inlet __ I L ya Nlvsmro _l▪ .��/ Weekend only
f1 i _1_-._-_�_,n'p 9am-7 pm
3 0 1 I {fir^/p,II' 1t11 '11 BrowaraCounty;i, ”, ./;"'i� II
E 1 1 7174: ill II I V,J q.--`'1,111
ICW Channel Manatee Speed Zones j- '.!Slow Speed,min wake,11/15-3131 N
�•,1�oe, 1 I Unregulated(Open Water) r1111�1-f1i1T111 Max 30 mph(6/1-9/30),Max 25 mph rest of yr *..,/;?/1 Slow Speed,min wake,channel ind,yr round
.lt k Boating Safety Zones MITI f Max 25 mph zone(yr round) ji Idle Speed,no wake,11/163/31 17,-E
0' Idle Speed,No Wake l;®/,J Slow Speed,min wake,channel exempt,11/15-3!31 Idle Speed,no wake,channel exempt,
\� '/ � p yr round
F<oi 01' ®Slow Speed,Minimum Wake PM Slow Speed,min wake,channel exempt -Motorboats Prohibited S
EXHIBIT B
Payment Request
Law Enforcement(LE)Manatee Contract Agreement
1. Contractor
2. Contract#
3. County Resolution#
4. ERM Account#
5. Date of Request
6. Reimbursement Request Number
7. Period From To
8. Send Remittance to:
Reimbursement Details
1. Total Hours Worked(attach back-up documentation)
2. Number of Officers(attach back-up documentation)
3. Original Contract Amount $
4. Cumulative Amount previously requested $
5. Amount requested for reimbursement $
6. Balance remaining after this amount $
I hereby certify that the information provided herein is true and accurate and in compliance with the contract.
Signature: Date:
Printed: Title:
Phone: Fax:
**SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION TO:**
Department of Environmental Resource Management
2300 North Jog Road 4th Floor
West Palm Beach,Florida 33411
(561)233-2400
EXHIBIT C
MARINE SERVICES CONTRACT
STANDARD MARINE ENFORCEMENT DAILY REPORT
AGENCY:
Today's Date: Weather: Calm/Windy/Sunny/Overcast/Rainy
(circle all applicable)
On the Water Hours:
Start End
Total On the Water Hours for the Day: _
Note:Manatee Zone Written Warnings and Manatee Zone Citations should be a subset of the Total Written Warnings
and Total Citations for the day, respectively. Verbal Warnings should not be included in the count for total written
warnings.
Total Verbal Warnings Manatee Zone Verbal Warnings
Total Written Warnings Manatee Zone Written Warnings
Total Citations Manatee Zone Citations
Education Contacts Complaints Dispatched
Location Patrolled
Assists: Agency/Boaters Hours
Additional information: Issues while on the water
Missing or damaged waterway signage:
I certify that the above information is true and accurate to the best of my knowledge.
Print Name
Signature of Law Enforcement Personnel
L