HomeMy WebLinkAboutAgreement_Interlocal_10/05/2011 (2) INTERLOCAL AGREEMENT FOR
LAW ENFORCEMENT SERVICES
BETWEEN PALM BEACH COUNTY
AND THE VILLAGE OF TEOUESTA
THIS AGREEMENT is made this .� day of Ocro6eR 2011, between the Village
of Tequesta , Florida, a municipal corporation, (hereinafter "Village "), 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
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WHEREAS, studies performed by the Florida Fish and Wildlife Conservation
Commission have demonstrated that 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 Village and are not a replacement for said services.
3) Location of Law Enforcement Services
The Village 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 the Village
A. The Village 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 Village 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 Village 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 Village shall famish 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 Village 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
Village, and include records sufficient to substantiate the costs incurred. Invoices shall be in
sufficient detail for pre -audit and post -audit review. The Village 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
Village; 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 Village 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 Village shall immediately
inform the County. The County will then determine whether the Village 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 Village 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 Village in the fulfillment of this Agreement. The County
will reimburse the Village 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 Village 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 Village each year prior to the beginning of manatee season.
B. The County may perform an evaluation of the Village's performance under the
Agreement after January 15 of each year to assess the quality and quantity of services being
performed by the Village between November 15 and January 15 of each year. If it appears that
the Village is not providing sufficient law enforcement services to expend the funds set aside for
the Village per the Award Letter, the County may issue an amended award letter ( "Amended
Award Letter ") to the Village reducing the funds set aside for the Village in the Award Letter so
that such funds may be reallocated.
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6) Effective Date and Term of the Agreement
This Agreement shall take effect _November 15 2011_ and shall terminate on _April 30 tH ,
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 Village's authorized representative is Chief Gerard Pitocchelli
(561 ) 768 - 0513, 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 Village who perform any act or service under the
terms of this Agreement shall at all times be considered employees or agents of the Village, and
not of the County. The Village will be responsible for supervising, disciplining, and setting
policies pertaining to terms and conditions of employment or agency, as applicable, for those
employees or agents, as applicable, performing Services as provided herein.
9) Payment
A. For reimbursement to occur, the Village shall submit invoices to the County that
shall include a reference to this Agreement, identify the amount due and payable to the Village,
and include records sufficient to substantiate the costs incurred. Invoices shall be itemized in
sufficient detail for prepayment audit thereof. The Village shall provide additional
documentation to support any invoice if requested by the County. Invoices received from the
Village 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 Village, 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 Village will clearly state "final invoice" on the Village's final /last
invoice to the County. This shall constitute the Village'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 Village.
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 Village:
Village of Tequesta
Chief of Police
357 Tequesta Drive
Tequesta, Florida 33469
Fax: (561) 768 -0695
Copy to:
Village Attorney
Corbett and White, P.A.
1111 Hypoluxo Road, Suite 207
Lantana, Florida, 33469
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
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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
ply.
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
The Village 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 Village.
17) Insurance
A. Without waiving the right to sovereign immunity as provided by Sec. 768.28,
Florida Statutes, the Village 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 Village maintains third -party Commercial General Liability and
Business Auto Liability in lieu of exclusive reliance of self - insurance under Sec. 768.28, Florida
Statutes, the Village 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 Village agrees to maintain or to be self - insured for Worker's Compensation
& Employer's Liability insurance in accordance with Ch. 440, Florida Statutes.
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D. When requested, the Village 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 Village 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.
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) Equal Opportunity
The County and the Village 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 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.
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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) 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
2011 in Resolution R rV�jQ .
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 birector
Department of Environmental Resource
APPROVED TO FORM AND VILLAGE OF TEQUESTA POLICE
DEPARTMENT
LEGAL SUFFICIENCY:
B
(Title) emir .✓
County Attorne
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