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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..... 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