HomeMy WebLinkAboutDocumentation_Regular_Tab 8g_12/08/2011 INTERLOCAL AGREEMENT
This Interlocal Agreement ("Agreement"), made and entered into this day of
2011, by and between PALM BEACH COUNTY, a political subdivision of the
State of Florida ("COUNTY") and the VII,LAGE OF TEQUESTA, Florida, a Municipal
Corporation ("the M[JNICIPALITY") each constituting a public agency as defined in Part I of
Chapter 163, Florida Statutes.
WITNESSETH:
WHEREAS Section 163.01 of the Florida Statutes, `"'�"� as the Florida Interlocal
Cooperation Act of 1969, authorizes local governmental ���'��o make the most efficient use of
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their powers by enabling them to cooperate with other , � n a basis of mutual advantage
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and thereby to provide services and facilities in a �� %and pt���nt to forms of governmental
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organization that will accord best with geograph' nomic, pop n and other factors
influencing the needs and development of loc,�� � unities, and
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WHEREAS the COUNTY and the MLJ �I.ITY continual�'''' ntifying more
effective service delivery methods w'ch result in o 1 s to the taxpa „�";,of the
COUNTY and the MUNICIl'ALTT � � �'
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WHEREAS the COUNTY has �,,� , , urchas tall and operate a Dialogic
Geographic-based Alert an Notification� � tem �,,, stem � meets the needs of Palm
Beach County Emerge ;' ement an � j iou ach °' ty general government
agencies and munic' � s; �� %/� j
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� .�the C � „ NI ��� ITY have determined that the abilit y to
provide �,� . ge ic-ba ,� s otifications to residents and visitors is
critic e effectiv ffici ovision � lic safety and general government services;
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WH ��� it has bee � ermin���o be mutually beneficial to all Parties to execute this
Agreement whi �s forth the ' ameters under which the MUNICIPALITY can directly
access the COU �_�� Syste / viding the ta�payers of both the COUNTY and the
Municipality the publ��� et � fit of consistent and timely geographic-based alerts and
notifications; and �
WI�REAS Section 163.01, Florida Statutes, permits public agencies to enter into
interlocal agreements with each other to jointly exercise any power, privilege or authority which
such agencies share in common and which each might exercise separately.
NOW THEREFORE in conjunction with the mutual covenants, promises and
representations contained herein, the parties hereto agree as follows:
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SECTION 1: PiTRPOSE
1.01 The purpose of this Agreement is to set forth the parameters under which the COUNTY
will make access to its System available to the MUNICIPALITY. This Agreement
identifies the conditions of use, the cost of access and on-going use, and the ability of the
MiJNICIPALTTY to participate in the operational decisions relating to the System.
1.02 Definitions
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1.021 Dialo ic Alert: A Geographic-based callo�� alert citizens and visitors of an
� imminent threat to life or property, or a���Qn to take immediate protective
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action. An example of a Dialogic ��uld b� ��vac�ation order.
1.022 Dialo�ic Notification: A Geo �based callout to �� citizens and visitors
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of important or useful informat � An example of a Di �"'� � Notification would
be a call notifying a citizen of a li � expir " �'�/%�;
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1.023 Svstem: The Dialog �� '' aphic-bas �� and Notification ��stem funded,
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purchased, installed, , and own ,� the COUNTY. The system
includes a computer se '-. th� ,,;� . ast web ' are, an ArcIMS license, the
Dialogic Communicator � 9.2 8 tele „ e lines, and geocoded maps.
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1.024 S st uus : An e th , rgency Management Division
of the , NTY's ' artment �� lic Safety esponsible for day to day
adminis and agement � e System and the COUNTY's clesignated
ct pers �" �" ��' 'ons of this Agreement.
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5 A ree This� ement, � ' g any amendments or supplements hereto,
��� executed � live accordance with the terms hereof.
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SECTION 2. ,� ,� N 0��� COUNTY'S SYSTEM AND USE
'////�!� DURE �.
2.01 The Palm Bea � Division of Emergency Management is responsible for
administering the �� Within the Emergency Management Division a position
entitled "911 Specia t/Dialogic System Administrator" will be the MUNICIPALTTY's
day to day contact and can be reached at 561-712-6327. The Division of Emergency
Management is staffed from 8:OOam to S:OOpm, Monday through Friday, excluding
COUNTY holidays. After hours emergency contact will be made through the Emergency
Management Division's COUNTY Warning Point at 561-712-6428 and the COUNTY
Warning Point will notify the on-call Emergency Management Division personnel.
2.02 The MUNICIPALITY shall follow all policies, procedures, and standard operating
procedures in place at the time of this Agreement, as well as those developed in the future
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agrees to comply with any enforcement actions required by these policies and procedures
for misuse or abuse of the System.
SECTION 3: DIALOGIC GEOGRAPHIC-BASED ALERT AND NOTIFICATION
DIALOGIC SYSTEM MAINTENANCE PROGRAM
3.01 The System consists of a computer server, the GeoCast web software, an ArcIMS license,
the Dialogic Communicator 9.2 server, 58 telephone lines, and geocoded maps.
3.02 The COUNTY will perform and coordinate routine and�eventative maintenance on the
Dialogic System according to its established proced ''�"his maintenance includes
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trouble shooting and making all repairs on a 24/7/��'�sis as well as performing
preventative maintenance on the entire S ystem �° ;'��; ���,but not limited to, server
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equipment, GIS maps and databases associ ���th the� '' m, but not including the
MUNICIPALITY'S equipment. The C ��� will coor ���'° with Dialogic Corp., the
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equipment and software System propr' entity, the mainte „ and troubleshooting
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beyond the COUNTY's control and w the control of the Dia Corp. as per the
COUNTY/Dialogic Corp. maintenance a� ,'� ent. ���j,�
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SECTION 4: MUNICIPALITY' ,� � ONSIBIL AND EQUIPMEI�
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4.01 The MUNICIPALITY'S equip t sist of a ated computer(s) connected to
the Internet, each e i ped with � b bro � The , CIPALTTY shall be required
to maintain its � '� pro pe �� ` ratin /�, ' n an� sure a functioning Internet
connection t�� ss th ���em. Th �j f� A ,,,��ha11 be solely responsible for
maintenance ,,�comput ,- web bro ,�� , and Intern�-connectivity.
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4.02 Wi� � ����ys of , �-// f //� s A ,� ent, the MUNICIPALITY shall provide
'th th e of a� IPAL Representative in writing who
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be the 's single �of contact for matters relating to this
� ement. ��� �/�j
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4.03 With � days of the ution o��iis Agreement, the MUNICIPALTTY shall provide
the CO in writin � ist of person/positions who are authorized to utilize the
System on �' of the � NICIPALI'TY, under the authority of the MIJNICIPALTTY,
Representativ �///////�� �
4.04 T'he MUNICIPAL � shall receive certain access codes to the COUNTY's System and
shall be responsible for safe guarding the coae information from release to unauthorized
parties. The MUNICIPALITY shall be responsible for notifying the System
Administrator prior to, or within 2 hours of terminating employees or commercial service
providers which had knowledge of the access codes so that the access codes can be
modified and the System secured.
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4.041 Service staff directly employed by the MUNICIPALTTY sha11 be considered
authorized to receive access codes for maintenance of the MUNICIPALITY's
connection to the Dialogic system.
4.042 Commercial service providers are not considered authorized to receive access
codes for the System. Municipalities that plan to use commercial services for
subscriber maintenance must include confidentiality requirements in their
contracts with the commercial service providers. These requirements must be
reviewed and approved (which approval will not unreasonably be withheld) by
the System Administrator and the COUNTY At�ey's Office prior to the
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MUNICIPALITY executing its contract wi ercial System provider.
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4.05 The MUNICIPALITY is solely responsible for .�nance and operation of the
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MLJNICIPALTTY s equipment and any d� e�r liab� resulting from the use
thereof. Should the COUNTY identify � tioning N1��IPAL -owned equipment,
the COUNTY will notify the MLTNIC epresentative ari+��� MUNICIPALTTY
shall discontinue use of the specific eq „ ent until repairs are c� �"" "` eted. The
��� le the ' ection of ��ui ment to the
COUNTY may, after proper notification, , p
System after properly notify' the MUNI ,�� writing if the "�"", ' ment is -
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causing problems with the , �
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4.06 Nothing in this Agreement shal��" re �� ommit �- y the COUNTY or shall be
construed as intent the COU �to � ortio�� e MUNICIPALTTY's
Equipment or � ��, , � ectivity �%/ %j �
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SECTION 5: DI � C SYS /, ACC , USA��� CHARGE
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5.01 The IPAL � '/��'' ed an, ual access and usage charge in the amount
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// ,,,�� f ous , H ,,, o„` ). The annual access and usage charge
� �be review '� ry ,� 3) years � ing October 1, 2014 and adjusted for the
� wing fiscal y����y not �' the MUNICIPALITY by the COUNTY's Division of
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E„ ncy Manage / by A��iiof the applicable fiscal year. This adjusted fee will
be ap '° le for the u�� ing fis�l year and will automatically become part of this
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Agreem October j f the applicable year.
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5.02 If the effective o/ greement is between October 15th and September 30th, the
MUNICIPALTT � � charged pursuant to section 5.01. This charge will not be
prorated. ���� �
5.03 The MLTNICIPALITY agrees that in the event of any termination of the Agreement, the
annual access and usage charge shall not be reimbursed.
SECTION 6: BILLING SCHEDULE
6.01 Each November 15`�, the COUNTY will invoice the MUNICIPALITY for the annual
access and usage charge, in the amount of the charge described in Section 5.01.
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6.02 Upon receipt of any invoice, the MUNICIPALTTY will immediately review same and
report any discrepancies to the COUNTY within 10 days of receipt. Payment will be due
to the COUNTY within 30 days of receipt of the invoice. Payments shall be sent to:
Public Safety Department
Finance Director
20 S. Military Trail
West Palm Beach, FL 33415
Attn: Alert and Notification Interlocal Agreement # , Invoice #
SECTION 7: COLTNTY RESPONSIBILITIES � %�
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7.01 The COUNTY shall be responsible for the ii�nance �,�pperation of the Dialogic
system. The COUNTY shall notify the � IPAL Rep � f �"; �ative in advance of
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scheduled maintenance which impacts ers of the Dialog���tem and shall respond
to emergencies in the time frames and� �� ding to the procedure��ntified.
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7.02 The COUNTY shall be respo�s ible for all c associated wi'�,� operation of
the System. j�� � ��'
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7.03 The COUNTY shall be res ons��� fo��'� anagem��� a11 payments made pursuant to
Section 5.01. p ��j� � ��///// ���
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7.04 The COU 1 ma �� access em out the term of this
Agreement e� for tim ��' schedu �� � ventative aintenance, where it will be
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required to disa ,� cess e System , j pre-determined length of time or during
tim tem fai „� j%///�������� j%
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7.05 i� COUNT� �, � �i��Y P Y
� j/ ation to the IC �- epresentative or designee if access to the System will be
ible for mor � two s.
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SECTION 8: NINIFIC ON AND LIABILITY
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8.01 Governmental ci
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Both the COUNTY, ough its PUBLIC SAFETY DEPARTMENT, and the
MUNICIPALITY, as state agencies or subdivisions of the state, as defined in Section
768.28, F.S. agree to be fully responsible to the limits set forth in Section 768.28, F.S. for
their own negligent acts which result in claims or suits against each party respectively
and both agree to be liable to the limits set forth in Section 768.28, F.S., for any damages
caused by said acts. Nothing herein shall be construed as a waiver of sovereign immunity
by either the COUNTY, through its PUBLIC SAFETY DEPARTMENT or the
MUNICIPALITY.
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8.02 The COUNTY makes no representations about the design and capabilities of the System.
The MLTNICIPALITY has decided to enter into this Agreement and use the System based
on its review of the System design, System capability, manufacturing and installation
details contained in the COUNTY's contract with Dialogic Communications Corporation
and subsequent testing data that may exist. The COUNTY agrees to use its best efforts to
provide the MUNICIPALITY with the use of the System described in this Agreement,
but makes no guarantee as to the continual, uninterrupted use of the System, or its fitness
for the alert and notification needs of the MUNICIPALITY.
8.03 Neither the COUNTY nor the MUNICIPALITY shall b,� 'able to each other and for any
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third party claim, which may arise out of the services� ded hereunder or of the
System itself, its operation or use, or its failure to �°,;;�`'�e as anticipated, upon whatever
cause of action any claim is based. The Syste���.�d to assist qualified
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governmental and emergency service profes '��. It is �,int�nded to be a substitute
for the exercise of judgment or supervisi '� ose profess '�� j s.
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8.04 The terms and conditions of this Agree incorporate all the ri��i�:,responsibilities, and
obligations of the parties to each other. � medie ' vided her�;�e exclusive. The �
COUNTY and the MUNICIP . ITY waive� , j �, including, b� limited to,
consequential and incidenta � '��"'' es.
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SECTION 9: OWNERSHIP OF AS - S �//////// ///��
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All assets and ' tained r Se , this eement will remain assets
of the MUN IT � 1 times. �� � rpo �� ' to assets owned by the
MUNICIPA� „ will i��' iately be �'� �a part of t� 'asset and will be the property of
the MiJNICIP /�„�� . All �� er assets '���` ved in the System will remain the
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CO ' despit �' ,,. , IT '' ancial contribution to their maintenance,
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SECT 0 TE vi���G NT AND AUT�MATIC RENEWAL
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The i �term of this eemen���for three (3) years and sha11 commence upon the
date the '� ment is fi, �-with the Clerk of the Circuit Court as provided in Sec.17.
Herein, afte� � ution 11 entities joining in the Agreement and the Board of
COUNTY Co� si .` The Agreement will be automatically renewed for
increments of thr eaz terms thereafter unless otherwise notified by the
MUNICIPALITY or the COUNTY.
SECTION 11: AMENDMENTS TO THIS AGREEMENT
This Agreement may be amended from time to time, but only by written amendment
executed by the COUNTY and the MUNICIPALITY.
SECTION 12: TERMINATION
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This Agreement may be terminated by either party with or without cause. Any
termination shall be effective only on October l of any given year and shall be
conditioned upon a minimum of six months notice.
SECTION 13: ANNUAL BUDGET APPROPRIATIONS
The COUNTY and MUNICIPALTTY's performance and obligations for payment
pursuant to this Agreement are contingent upon annual appropriations for this purpose by
both the COUNTY and the MUNICIPALITY.
SECTION 14: NOTICES % .
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An notice iven ursuant to the terms of this �,'�" �'�
y g p „,,�. shall be in writing and via
Certified Mail, Return Receipt Requested. e�ective���� of such notice shall be the
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date of receipt as evidenced by the Ret �� ipt. All no��� ��' �,shall be addressed to the
following: � " '��
As to the COUNTY: j ��//////
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COUNTY Administrator ��������
301 North Olive Avenue /� //////���, �'��� .
West Palm Beach, FI. 33401 '''r�.,,� ���%
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0 ScMilPubl� �, � artmen j/� ///////���
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West Palm B ���FL 334�� �
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' �� ogic Syste ., im � r �!���%/ �
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W ��' lm Beach, 415 ��////
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COU orney's O e
301 North ��� Avenu,
West Palm Be��� 1
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As to the MUNICIPALITY:
Michael Couzzo (Village Manager) Donald Ricciardi (Municipal Representative)
345 Tequesta Drive 345 Tequesta Drive
Tequesta, Florida 33469 Tequ�sta, Florida 33469
SECTION 15: APPLICABLE LAW/ENFORCEMENT COSTS
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This Agreement shall be governed by the laws of the State of Florida.
SECTION 16: EQUAL OPPORTUNITY PROVISION
The COUNTY and the MUNICII'ALITY agree that no person shall, on the grounds of
race, color, sex, national origin, disability, religion, ancestry, marital or familial status,
gender identity and expression or sexual orientation be excluded from the bene�ts of, or
be subjected to, any form of discrimination under any activity carried out by the
performance of this Agreement.
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SECTION 17: FILING ��� ,. �-
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An executed copy of this Agreement shall be f� �'�e Clerk of the Circuit Court in
and for Palm Beach COUNTY, Florida. �� �'���'
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SECTION 18: ENTIRE AGREEMENT �''��� ;,
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This Agreement and any Exhibits attache����eto an � ing a pa���`,��reof as if fully set
forth herein, constitute all a ments, cond �� //, �� derstandings the
COUNTY and MUNICIP ncerning „�� em. All representahons, either oral
or written, shall be deemed to '' into this ement. Except as herein
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otherwise provided, no subsequ al waiver ge or addition to this
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Agreement shall be inding upon�U � UNI �� ITY unless reduced to
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writing and si , . j/� , %//��///
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SECTION 19: DE � j TION��� DUTY �� �
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No ' � ained r " emed uthorize the dele gation of the
�� � Stat � � ��� �or MUNICIPAL of�cers. �
uties � �� ,,
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SECT � 0: ACCES A S
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The , ��/ CIPALIT�� � 1 ma ��'`n adequate records to �ustify all charges, expenses,
and costs incun��� estimat and performing the work for at least three (3) years after
completion or te '�� of �� Contract. The COUNTY shall have access to such books,
records, and docume �� r d in this section for the purpose of inspection or audit during
normal business hours, a�� NSULTANT'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 CONSULTANT, its officers, agents, employees, and
lobbyists in order to ensure compliance with contract requirements and detect corruption and
fraud.
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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.
The remainder of this page intentionally left blank.
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Page 9 of 10
IN WITNESS WHEREOF, ihe parties have caused this Agreement to be executed on the day
and year first above written.
APPROVE AS TO FORM AND APPROVED AS TO TERMS AND
LEGAL SUFFICIENCY CONDITIONS
By: B �, .;%
County Attorney �cent J. Bonvento
� �''' tant County Administrator
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/ � � � anc�����ector of Public Safety
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ATTEST: //� VILLAGE OF TE��STA
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By: �� /� ,;,,
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Lori McWilliams, CMC, /////� // �/////
Village Clerk //� //� ��//////�
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