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HomeMy WebLinkAboutAgreement_General_07/12/2018_Palm Beach County - Manatee Agreement9 R2.018 1400SEP 1 8 2018 INTERLOCAL AGUEMENT FOR LAW ENFORCENENT SERVICES BETWEEN PALM BEACH CQUNTX AND THE VILLAGE OF TEQUESTA THIS AGREEMENT is made this 24T" dayof 0_4M 2018, between Village of Tequesta, hereinafter referred to as "Contractor", and Palm Beach tounty, a political subdivision of the State of Florida, by and through its Board of Commissioners (hereinafter "County'l, hereinafter referred to collectively as the "parties." WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorims local governments to make die 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 die County forjoint 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 C'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 which was later amended in August 19, 2014 (R2014-1193); 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 miter into on. aVeemea for ft f at inaremod level of Moline liwenforcenlimt wvices duriag wazatee 5060i I )�'aspiovjded herein. NOWTHEREFORE, in musideration oftht multual covenants, and prPtniSe&of#w putia hbMtD, thO!Qontraotor gmd,the Courayawee as,follows., 1) 'RedWs The mcitals 9191 t I ixt�00ve ox true aml'corrm and form a Psaof th4 AgrcemeiiL 2) Puqaft. 11te purpose of (the "4gmemenf I istogrovid for Addit 0 ioual Inarm, law QMforcem I oliasepAm witbin eatuarke Waters of thc� Coumy duringmanatee. seaswi,,, whiA b*m.N,6vembert5th,anden&thtfollovVireNlarch3,lst The law enfoxcemcd services provided harein are intended to be in ukWop to the level oflaw alroady providedby Comiraotor and, am not A revinctnentbr a64 strvice�41' 3) Laeot6ow6fLaw Enforcement Services TNee Coutmqwl- �slialj provide Marine law enforcement smices, horeibafter referred to- w 'SOrviccs" wiftn' ft area over whjoh it lias jurisckhon to e'n' force r the law, such shall b� hw'zaft`6r ft"d.to�as the "FifforoementAra' and is hicluded of Palm Bach County which aremorespecifically dqcribed i�m Exbilblit A. 4) ReVousibility:of Contra�tot, A, The Cottractor shall onfome State StAtutes, ntle% kpal and'Umity ordimuizes related to v6swl control, msti;le ro6urce Prqtectiq�L' V�ld malwft J*Oteotion; Lwat In 6c ilivesti , iO",: Wnixwi0t� alid pfas=tion of violators of existing boat and Manatee pr&zlion,speod roam, assistin& m=ftorirtgqfwaterwayniaTk:iogs.ead.tegulatc)rymgns,intte' lWaroemem Armand assis,t iT) edaqat� b"16ro, about Manatee kid b"tet safety Issues. Diaing,the tem the Contractor shall.proyj.dq JOW,enforccmelit offiaw(s)'to patrol the watem ofthe Enforcement Area, and to eabre lbe taw sw1provide am -vices on; SOA*Y, Sunday and Marb: LutbAer'Xitig said Presiderit's Day between the, hows of 6 AN. and 6 P.X Nringthe term ofthis Agra=qat. the con:traotor 81"� Provik law, ou any d4y..o'r U'Mes aide fie6a 4a y and.the.above-gited.hplidays at tho request ofthe C� or ih Requcojs % 0 14w. ttfbJvmrkW!aorvhD6A on 44ty, or days im addf�orx to the reg4larly Scheduled days or times :S hal I be m& de, th writing prior to the date wbm such servim are needed, C. Tbc, C*r&&c16r,sh4U ftmish and supply all labm, supenijim. equipm=t '(1itchiding butuotlimited to a vemi), insumce, and =ppjje.% peoessary to pe&ar;.d unda das Agreement D, All muiae offii�lm PCa"MM1118 12"Vices pursuatt to this Agrownent must be, kaoVrIodgDoble of SsAta statute& o"strative rule-, � local and Cmm�y atdiri4am related tovessel contmi, marinormumepwte�40%1� Manatee: protectiorit aisting'boot and, 4*,wqA.P4Qb'WUC(A ,Veod 4011ek wAterway infAlogs, regulatory signs ir% the cnfbroomwamas and must have the knowledge necessary to assist in educating boaters about manatee and boater safety issues. Ile 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 pursumt to this Agreement. E, The Contractor shall submit invoices forpayment to the County on a monthlybasis, Invoic-es sliall include a reference to this Agreement, identify the ainount 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 (Exhibit B). The Contractor shall provide the following information with the invoice: 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 perfarms 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 ftilfillment 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 Ist 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 151 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 appe�ars 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 Lettce� to the Contractor reducing the fimds 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, 2018 and shall terminate on March 31, 2023, unless earlier terminated as provided herein or extended by the parties, 7) Authorl"4 RepresentMin A, Ite CountY,'s authorized rep�"tttive 4 ths. Direabr 'of thaDepadment of FuviA)itnmtal,kesciu)wsMmagemen��MI)233-2400, West Palm Beack FloxidA,-Olr des�gwc. B- Tftd,Cantrz�ctor's auW7�-Arqwewitative it, U. 14rats Pike #1154, (516) 76&0$12. or 1ii$Azr woessm Independent Confivewr A. The padwslW1 be considered hidepenamt. corittactors,,and. no party shall be Acansi(kradan mvloyec<)rapntof=yotherpa*.Nod&g inthisAgreement shaillie.interpaftd to es%blishaayr01adiDn&iPOdW dn tbAt Ofid*andept.ocotractorbetw6w thopirdes andftjr. 'PSI dwing or ifter.thie,perforrnance of, "S Agrimient ',44pam mployedby any party to -this Agreeineutsball.in connPzdojkwi&thz Perfwmancc,of &6 Aarceplont ox any'servicts or 6xictiom wnteniplated herewdg, it 44y, time, be oonsideW iho -6wplayo6 ofthe other party, nor. shall an erinployoo olaim AAY n" Sht in or, ,entitlement 0, any� peMton, worker't compensatioA bewAt, un=plownent ownpellsMion, civ il service, of Oilier ernplOyee rights or privilaga $mnted,by opmtion� r law or, olb!lwise, exopt thmugh, and asal4st the,onfitk'by IAOin toy are employed, 13, All employm and agents of the Contractor *ho peribrai qny,�wt or service, 4nder die tmw�ofthw Agrmoent j ered einp�oyea of ft Contractor and tict Sb#11;0'411 finift bq�vow d y. Thotomutorik'111"be, rp"3JbIC C4, PjWViSing, 4soolininga6d seWnSpolicies PaWn*10t,CVms4n(J[c0adidO= of t-Ployment for, those mploymV&*=in8;SeM=s as provi4cd horeln, C-7heCo in, any pron�sa, , mifrw�or 400s not have thapowtcor aut�ority to.bind� the ltmmty 9) Nyment A, 'For rvirabursemeftt to mur, tbetonbwtor shall svbjmj� invoioes to the eou� t�a, .8hall inc We a rolemce to this Agreement, identj fy tbc miount dud and payable to, the Contr4ctor, a* Ocluft mordt sufficient to $ubstant*tv the costs *wvd, InV61ces, ;shall bo, iternized in. rluftiant �etail f4l FreViLyn"a awit, thereof -rho Contractor. shall provide �addftiqnail &CWTIentidion to: M4)Port any hmice if requested hythe Caudty� Invokes recoiv ront the 0-d f Cortilador 6�411 be I dby i Dvartzdw of 13aviroamentsl Resourom Managment,and upon.HWO *.�Ilb-- a.ent.tothe Couws�Pinazci DVartymatibr fmal approval and p4yxnent, lavoices V4 nammity I be paid wiffiin forty-flyc (45) days of receipt. in the wse of a 4isp4te itivolvin$ lbeautounts 4ut 110 Me Contr=pr, payment imybe delayed, S. 111) order f6r both, parties hereinto cloac their books, arid rmor& at the conclusion, of, each,manatee, senon, the Contrutor will clearly sude Mal imiM",on the contractoes fin"it, invoicit�to the Cou;tLy- nia. shall, cow,titU14',the'qOn*t1DT'S OertifiMflon1bat W kMces haVt becu properly perfbmcd andall. chuses andconts; havebeen, Invoiced to the County. AAy other echuges not propedy included an thi's final invorice an waivea by1he-Contmow. 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 f5raud. 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: Village of Tequesta Attn:Police Department 357 Tequesta Drive Tequesta, FL 33469 Fax: 561-768-0695 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 Palin 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 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. 76k28fs., the Contractor acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limit-, 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.768.28fs., 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, 1 D. When requested, the Contractor shall agree to provide an afFidavit or Certifica* 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 Agrcement will be governed by the laws of the StaLe of Florida and the venue in any such proceeding will he 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 effecL 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 he 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 mcariing. 23) ExMbits 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 Coubu-tor agree that no person shall, on the grounds of race, color, sex, age, national origin, disability, religion, ancestry, familial status, marital status, sexual orientation, 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. This, Agreement sliall.,11of. solely as a n1aft ofjudicigl Co tnictibi bt,=6 ted,31M er ageing oneof the pardes th*4 *o otlwr. np trUC I I , spv Ply 27) Modiftatiou and Amendtmt RxCept: ari'mcpressly permftte&,'heMIn'to the contrary, no 4reratiou in the terrin OT cohditiq9'-6pntaJtmd hoitin shall be'�effwfi'vt unless eoutuined in a vvrritleft document e�tied with tlie used to exmute this Agreermt. '-28) EuUt*ty ofAgOemeut INS AgreMeAt-r9prolOnts the Ondre =kMadingbetwom the partim, and superstdca, ail o4her ugoriations, repmetWtions, or agmemarit,,either written or qral;.relati 'nK to thisAgreetneut -NO Th"'Pofty BesendOW10 No ptovWon afthiv :Agreemont is iatended to, or shall be construed to. ;reale'auy third perty bC=f 10iOTY Qr.,10 Pf AO) Iteme'dtox, '40 redvady,heicioL epahized upou, 0Ay p4rty is'i-au-n4ed to bo exclusive ofnay other rcniedy, and given bore'andor, or now orhereafter existing at law or inequity, by'stmute orotha�. T!�psingle powe or ofoYrightj Or 6x4olso, the 31), ftblk Rkwrds Notwithstanding an)Ibing ?,ontfa �Pjro if the ned'hpuefi4 as ivided under �eption 1,19,"0761, ES, Contr6cton (i) providqs a service, and (ii)'act on behalf of the Covn�ympravi&4 woer Secticin: 11941 l(2)T,S,.'thc Contraotbr-shall coinply with -the requitements Sedi, on 119 0701. F16fift S=tes. aritn*bc aimoded &M time to iirnp'the Contractor is specilrivally roquind to, Keep and nudntain public records xequired by the COUAty to per1fol= Service& as provided under OPOn Mpest fmn to COuut5l' 9, OwStDdian of Public Record*,,,providc ft County witb a zopy of the, requestodrocord allow reco;* to ba-ir"cted,ojr coPW within'a,rownable �fte at a� cost that does not ex = the =oo ' oirWcd.in Chapter I 1:4,*eas by.lam, The I py Coutrwtot fW001agrees thatIjAcs. charges and expenses shall be detenninad:4n,accordance with Palm Beach County PPM'CW.F-00, Ftim, Associated with Public Remdg I V I evau" as it may be amended or replacedftom tiTw to tirac EWUrs, tIW publk records that are exempt, or wrifidemial and axeznp� frmn publ I i4o awrds dise6ure reqtwempatft are notdisrlosed extqat as audwrized by l;w'fqr'dia.Awjtjon of t�c agreement term and following completion of the Agreement, if the Contractor does not transfer the records of the public agency. 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 Countys representative/ liaison, on behalf of the County's Custodian ofPublic Records, to keep and maintain public recor& required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the Agreemen� 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 Tight to exercise any and all remedies available W it, including but not limited to, the right to terminate for cause. Contractor acknowledges that it has familiarized itself with the requirements of Cbapter 119, F.S., and other requirements of state law applicable to public records not specifically set forth herein. 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 AFFAMS DEPARTMENT, 301 N. OLIVE AVENUE, WEST PALM BEACH, FL 33401, BY EMAIL AT RECO-R—I)SREOUEST(ir-4PBCGOV.ORQ OR BY TELEPHONE AT 561- 355-W.O." IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. R ZO 18 "' 14 00' ATTEST: PALM BEACH COUNTY FLORJDA-�Ep 1 8 2018 for i ts BOARD OF COUNTY COMMISSIONERS By: Deborah Drum, Director Envirunmental Resources Management APPROVED TO FORM AND APPROVED AS TO TERMS LEGAL SUFFICIENCY: AND CONDITIONS: I I I '-- I 042ZL County Attorney U DebZrA Drum, DireMr— Environmental Resources Management VILLAGE OF TEQUESTA APPROVED TO FORM AND LEGAL SUFFICIENCY: By: Michael R- Couzzo, Jr,, Village Manager Village of TZO-&ta Attorney 10 . ��u�� Palm ~~ __~�o.. ~~,~°~,.�, 1. 2. 3. 4. 5. 6. 7. 8. EXHEBIT B Payment Request Law Enforcement (LE) Manatee Contract Agreement Contractor Contract # County Pesolution # ERM Account # Date of Request Reinld)wsement Request Number Period From Send Remittance to: Reimbursement Details 1. Total Hours Worked (attach back-up documentation) 2. Number ofOffictn (attach back-up documentation) 3. Original Contract Amount 4. Cumutafive Amount previously requested 5. Amount requested for reimbursement 6. Balance remahring after this mount TO I hereby certify that the information provided herein is true and accurate and in compliance with the contract. Signatum: Datc: Printed: Title: Phone: Fax: SUBMT ONE ORIGINAL COPY OF THIS FORM AND SUVPORTING DOCUMENTATION TO: Department of Environmental Resource Managernent 2300 North Jog Road 0" Floor West Palm Beach, Florida 33411 (561) 233-2400 AN AGENGY Today's Date_ Weather; �lUllii�S t c +fir ,giqy Boat Engine Hours;a._._.............. _._ (cirde:stt applicable) Start End On the Water Hours for the Day: Written Warnings ti _.. Manatee Zone Warnfts Total Citations Manatee Zone Gtatlons Education. Contacts Complaints Dispatched Location Patrolled i Asstats: on ,Qatera- Hours Ad fnfurmacud: Lssu 'witilfe on ilw wat r -- _ [-Mli*sktg or darriage0AM tem 8 t1 B: 1 certify that the abova Information is true and accurate to the best of my knowledge. IaPlnt N8n18 Signature STATE. OF .FLOAZA, 00tJWY C91 1, SHARON R, SOCK, C"Sfh a7 cartliy this, be a trttb attd oct& VPW- INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF TEOUESTA THIS AGREEMENT is made this day of , 2018, between Village of Tequesta, 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(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 which was later amended in August 19, 2014 (R2014-1193); 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 1 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 2 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 (Exhibit B). The Contractor shall provide the following information with the invoice: 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. 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 151h 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 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 Contractor(s). 6) Effective Date and Term of the Agreement This Agreement shall take effect November 15, 2018 and shall terminate on March 31, 2023, unless earlier terminated as provided herein or extended by the parties. 3 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 designee. B. The Contractor's authorized representative is Lt. James Pike#1134, (516) 768-0512, 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. 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. 4 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: Village of Tequesta Attn:Police Department 357 Tequesta Drive Tequesta, FL 33469 Fax: 561-768-0695 As to County: Palm Beach County 5 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. 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 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$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 6 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. 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 Contractor agree that no person shall, on the grounds of race, color, sex, age, national origin, disability, religion, ancestry, familial status, marital status, sexual orientation, 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. 7 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. 30)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. 31) 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: Keep and maintain public records required by the County to perform services as provided under this Agreement. 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. 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 8 agreement term and following completion of the Agreement, if the Contractor does not transfer the records of the public agency. 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. 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 RECORDSREOUESTaPBCGOV.ORG OR BY TELEPHONE AT 561- 355-6680." 9 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. ATTEST: PALM BEACH COUNTY FLORIDA, for its BOARD OF COUNTY COMMISSIONERS By: Deborah Drum, Director Environmental Resources Management APPROVED TO FORM AND APPROVED AS TO TERMS LEGAL SUFFICIENCY: AND CONDITIONS: County Attorney Deborah Drum, Director Environmental Resources Management VILLAGE OF TEQUESTA APPROVED TO FORM AND LEGAL SUFFICIENCY: By: Michael R. Couzzo,Jr., Village Manager Village of Tequ sta Attorney 10 Wrtin County EXHIBIT A ,k„�,,,�y1 re4Ci l; � sJ—/,- i usittrrxn cYur.x 11 I F '�//�jy`l,, "�J(� ,x dt�wil9 yrir�a r.y.�wlij �. iwrepxdabXas 11 ��_ I� f 0. SWOrRMe i Y/�c Cud a!IOM I ,l W i, g Pali � 1 1 • Beach 9YrryY b.mel knl S�•�gytsr ly ;�\ anpneku»veraro,R�•Iw�+"�yl, � ' ` � �-}—�=-- / 1--I I' r � � —_-_fPL RnM 8r�tl1 U�' �i 1LaXo tVonM1 lnM + SO d.IYr 4 tbnir PlnA � - I f y-8 I 1 1 + wllwrewrdaFr»+alr_a - ); i t 1 ad AT 18CiAR7Q. tNs IM,a-uR>h I p S Map A Map B Map C Quick Reference Guide �V dkol Bars•...__...._..__.. OWgwteliters• IfortlzonW'13— N-1 Opert—INI"speed Posted) slow speed'M,rmnom Wake ® Wle Speed,No Weke In cases where seasonal inarlalee 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 d Miles Palm Beach County Waterway Speed Zones Map D Map E Map F C i:r a's rrtn Lake Worth -9tiaC' ;ii,,;;7 (Boynton)Inlet 1 E w..e Illtl,1 I --� 'SR.9ae Y h ' I. rT t p CIL — r 0 CD a Slow speed Vin 50", shore �I / 1 0 30 mph in chanmcl lirliii I-Scpt 30 t �q 25 mph in channel remainder of the year Ek-wtbn I 1 n ul,urw a u:m.J 00e' e an at Atl,,Lk OW SR 906 �9r l�] M1 bLn�e:U.Area 9 , D ' all$ li r ? l•• 1�. ) � o Raeor,Inlet Le,lr11 MMM i oy take Worth I l nar.rwn�ir 1 (BOY„1onl lob, ken .ps Bmwerd copnry� E * Puhlip 2ael Rttmlq IS1-Speed.min rake.1 t,15-3.91 -auq QQQ _ ICW CMtnnel 11111 U.30 fit,t8tt A3Ot Max 20 mph reR of yr glow Speetl min rake Charmer lei tr round N 14,o,. Wa ppan W.W) I1 Mu 25 rmn cww pr roundr ire Sped oxake.111S131 e 15pnlnp Safety Zone -q-Speed rrn,wke.[None(enempt I M53031 Ire speed a.aka char evc-�npr.rrm:nd `- 'O V, r O ICIe Speea NC•'& Star Speed.mr.wage,triannel exempt n,otorb is crntked _ slap speed wmimum woks \ ZOttt� ii � ti Kew well way aped nmta v.ere calahh lml by FWC And dOi—I in rA('69D-24A)17(N.0 tie ltay Lottes)mid FAC 6At:-:2.11(19(Mamma Lonn).For more information contact F WU(a 1-AM-455-15771. 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 4'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) Boat Engine Hours: Start End On the Water Hours for the Day: Written Warnings Manatee Zone 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 si na e: I certify that the above information is true and accurate to the best of my knowledge. Print Name Signature Amber Krauss From: James Pike Sent: Monday, April 30, 2018 5:02 PM To: Gustavo Medina; James McGrew; Amber Krauss Subject: FW: Manatee Law Enforcement Agreement Attachments: Mimecast Attachment Protection Instructions; 2018 Law Enforcement Agreement Manatees Village of Tequesta.pdf Attached is the new contract for the manatee program (2018-2023). In the past it has gone to council on the consent agenda. From:Mayra Ashton<MAshton@pbcgov.org> Sent: Monday,April 30,2018 4:02 PM To:James Pike<jpike@tequesta.org> Subject:Manatee Law Enforcement Agreement Mimecast Attachment Protection has deemed this file to be safe,but always exercise caution when opening files. Good Afternoon Officer Pike, Please find the new Interlocal Agreement for Law Enforcement Services attached to this email.There are no significant changes to the agreement compared to the previous one. I have listed changes to the agreement below. Please review and let me know if the new agreement will be approved by the Village Manager and Village Attorney. Changes made: • Added Exhibits 8 and C to the Agreement(i.e. Payment Request Form and the Daily Report Form) • Effective Date and Term of Agreement, now extends to 5 manatee seasons from Nov 2018 to March 2023. • Added Article 31) Public Records • Verify contact information for Authorized Representative (Article 7. B)and addresses for Notice(Article 13)are correct Let me know if you have any questions or edits to the document. Thank you, Mayra Ashton Environmental Analyst Environmental Resources Management Palm Beach County 2300 N.Jog Road West Palm Beach, FL 33411 561 -233-2451 mashton@pbcgov.org Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 1