R14-092 I
h 1 RESOLUTION R14 -092
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING AN INTERLOCAL AGREEMENT FOR LAW
ENFORCEMENT SERVICES BETWEEN PALM BEACH COUNTY AND
THE CITY OF BOYNTON BEACH FOR THE ADMINISTRATION OF
THE MANATEE PROTECTION CONSERVATION PROGRAM FROM
i. NOVEMBER 15, 2014 THROUGH MARCH 31, 2018; AND PROVIDING
3 AN EFFECTIVE DATE.
1)
1I1
1 t WHEREAS, the Board of County Commissioners has established and is administering
13 a program of conservation that provides for increased law enforcement presence in the
14 County's waterways, as one means of greater manatee protection; and
1 01 WHEREAS, the Interlocal Agreement allows for the use of law enforcement officers
10 from the Boynton Beach Police Department and for the reimbursement for law enforcement
1 services at a rate of $87.50 per hour for services performed under the Interlocal Agreement; and
10 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
1 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
2 Beach to authorize the City Manager and City Clerk to enter into the Interlocal Agreement with
2� Palm Beach County for the administering of the Manatee Protection Conservation Program.
I.
2'I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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2: THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
2. being true and correct and are hereby made a specific part of this Resolution upon adoption
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2. hereof.
2r Section 2. The City Manager and City Clerk are authorized to enter into an
2: Interlocal Agreement between the City of Boynton Beach and Palm Beach County for the
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1 administration of the Manatee Protection Conservation Program from November 15, 2014
0 through March 15, 2018, a copy of the Agreement is attached hereto and made a part here as 1
ia Exhibit "A ".
Section 3. That this Resolution shall become effective immediately upon passage.
E PASSED AND ADOPTED this 16 day of September, 2014.
• CITY OF BOYNTON BEACH, FLORIDA
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1 ' Vice ayor — Joe Casello
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10 Commission — .. vi . Merker
21 ommi ner — V ack McCray
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2 / Commissioner — Michael M. Fitz, 'trick
2M ATTEST:
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31 J et M. Prainito, MMC
3: ity Clerk
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R i'4- -o 1
INTERLOCAL AGREEMENT FOR
LAW ENFORCEMENT SERVICES
BETWEEN PALM BEACH COUNTY
AND
THIS AGREEMENT is made this day of , 2014, between City of
Boynton Beach (hereinafter "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 (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
1
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 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 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
Jr. 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.
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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 Monthly Report Form (form
to be provided by the County); documentation of warnings and citations issued to violators by the
Contractor; and monthly payroll documentation for hours worked by any officer who performs
services under the terms of this Agreement. 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 court system, 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. 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 by the Director of the Department of Environmental
Resources Management (the "Director ") prior to the beginning of manatee season.
B. The County may perform an evaluation of each Contractor after January 15 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 Director may issue an amended award letter ( "Amended Award
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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 Contractor(s).
6) Effective Date and Term of the Agreement
This Agreement shall take effect November 15, 2014 and shall terminate on March 31, 2018,
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 Officer Jaclyn Smith
(561) 742 -6195, 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.
C. 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. 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.
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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. The Contractor will submit the final invoice within thirty (30)
days from the end of the manatee season. 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.
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
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:
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City of Boynton Beach
Attn: City Manager
Address: 100 E. Boynton Beach Blvd.
City, State, Zip: Boynton Beach, FL. 33435
Fax: 561-742-6011
Copy to:
Boynton Beach Police Department
Attn: Officer Jaclyn Smith
100 E. Boynton Beach Blvd.
Boynton Beach, FL. 33435
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.
13. 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
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The Contractor shall be responsible, to the extent permitted by law, for the acts of its officers,
agents and employees, arising during and as a result of their performance of the terms of this
Agreement 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, f.s., the
Contractor acknowledges to be self - insured for General Liability and Automobile Liability under
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, f.s.,
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 of
the terms or conditions of this Agreement will be borne by the respective parties. This provision
pertains only to the parties to the Agreement.
21) Counterparts
This Agreement may be executed in two (2) or more counterparts, each of which will be deemed
an original, all of which together will constitute one (1) and the same instrument.
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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) Non - Discrimination
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, or genetic information be excluded from the benefits
of, or be subjected to any form of discrimination under any activity carried out by the
performance of the Agreement.
26) Construction
This Agreement shall not, solely as a matter of judicial construction, be constructed more
severely against one of the parties than the other.
27) Modification and Amendment
Except as expressly permitted herein to the contrary, no modification, amendment, or alteration
in the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formalities used to execute this Agreement.
28) Entirety of Agreement
This Agreement represents the entire understanding between the parties, and supersedes all other
negotiations, representations, or agreement, either written or oral, relating to this Agreement.
29) 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 .
31) Remedies. 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
PALM BEACH COUNTY, FLORIDA
BY:
Robert Robbins, Director
Approved as to Terms and Conditions PBC Environmental Resources Management
APPROVED TO FORM AND City of Boynton Beach
LEGAL SUFFICIENCY:
By:
City Manager
County Attorney
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