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VfLt,pGE CLEfifCS OFFICE
Department of Environmental
Resources Management November 18, 2008
2300 North Jog Road, 4th Floor
West Palm Beach, FL 334]1-2743
(561) 233-2400 Mr. Michael R. Couzzo, Jr., Village Manager
FAX: (561) 233-2414 Village of Tequesta
www.co.palm-beach.fl.uslerm 345 Tequesta Drive
Tequesta, FL 33469
^ Dear Mr. Couzzo:
SUBJECT: LAW ENFORCEMENT CONTRACT
Palm Beach County
Board of County The Palm Beach Count Manatee Protection Plan MPP a roved b the Board on
Commissioners y ( ~ pp y
August 21, 2007, provides two-hundred thousand dollars ($200,000) of funding for
Addie L. Greene, Chairperson additional on-water law enforcement in the County's waterways.
Jeff Koons, Vice Chair
I am pleased to announce that the Tequesta Police Department will be reimbursed
Karen T. Marcus up to twenty-thousand dollars ($20,000) for this effort.
Robert J. Kanjian
Mary McCarty Thank you for your commitment and dedication to protect the Manatees. If you
have questions, please call me at 233-2400 or Ms. Alessandra Medri at 233-2512.
Burt Aaronson
Jess R. Santamaria Sincerely,
County Administrator Richard E. Walesky, Director
Environmental Resources Management
Robert Weisman
REW:AM:dab
Enclosure
iIn Equal Opportunity
Affirmative Action Employer"
T:\eer\LWLFVI-'\Manatees\Law Enforcement Contract\Tequesta PD\LE award letter FY08-09.doc
punted on recycled paper
INTERLOCAL AGREEMENT FOR
LAW ENFORCEMENT SERVICES
BETWEEN PALM BEACH COUNTY
AND THE VILLAGE OF TEQUESTA
THIS AGREEMENT is made this ~ day of -~,~~ , 2008, between the Village
of Tequesta of Palm Beach County, Florida, hereinafter referred to as "Contractor", and Palm
Beach County, a political subdivision of the State of Florida, (hereinafter "County"), hereinafter
referred to collectively as the "parties."
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use of their
powers by enabling them to cooperate with other localities on a basis of mutual advantage and
thereby to provide services and facilities that will harmonize geographic, economic, population
and other factors influencing the needs and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined
therein to enter into Interlocal agreements with each other to jointly exercise any power,
privilege, or authority that such agencies share in common and that each might exercise
separately; and
WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County
Commissioners of Palm Beach County is empowered to establish and administer programs of
conservation and to enter into agreements with other governmental agencies within or outside the
boundaries of the County for joint performance, or performance of one unit on behalf of the
other, of any of either governmental entity's authorized functions; and
WHEREAS, in October of 1989, the Florida Governor and Cabinet directed thirteen (13)
"key" manatee counties, including Palm Beach County, to prepare a Manatee Protection Plan
("MPP"); and
WHEREAS, on August 21, 2007, the Board of County Commissioners approved a MPP
that provides for increased law enforcement presence in the County's waterways, as one means
to provide greater manatee protection; and
WHEREAS, 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 County wishes to increase the hours of patrol and enforcement in
estuarine waters of Palm Beach County which will improve compliance with boater and manatee
protection speed zones, and reduce the risks to manatees and members of the public; and
WHEREAS, the parties wish to enter into an agreement for the provision of an increased
level of marine law enforcement services during manatee season, as provided herein.
NOW THEREFORE, in consideration of the mutual covenants and promises of the
parties hereto, the Contractor and the County agree as follows:
1) Recitals
The recitals set forth above are true and correct and form a part of this Agreement.
2) Purpose.
The purpose of this Interlocal Agreement (the "Agreement") is to provide for additional marine
law enforcement services within estuarine waters of the County during manatee season, which
begins November 15th and ends the following March 31st. The law enforcement services
provided herein are intended to be in addition to the level of law enforcement services already
provided by the Contractor and are not a replacement for said services.
3) Location of Law Enforcement Services
The "Contractor" shall provide marine law enforcement services, hereinafter referred to as
"services", within the geographical area over which it has jurisdiction to enforce the law, such
shall be hereafter referred to as the "Enforcement Area" and is included within the estuarine
waters of Palm Beach County which are more specifically described in Exhibit "A".
4) Responsibility of Contractor
A. The Contractor shall enforce State statutes, administrative rules, local and County
ordinances related to vessel control, marine resource protection, and manatee protection; assist in
the investigation, apprehension, and prosecution of violators of existing boat and manatee
protection speed zones; assist in the monitoring of waterway markings and regulatory signs in
the Enforcement Area; and, assist in educating boaters about manatee and boater safety issues.
B. During the term of this Agreement, the Contractor shall provide Village of
Tequesta 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 and
Sunday for 8 hours per 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 or Sunday, 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 at least five business days 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. The Contractor shall provide the following information to the County on a monthly
basis: Standard Marine Enforcement Monthly Report Form (form to be provided by the County);
documentation of warnings and citations issued to violators by the Contractor; and monthly payroll
documentation. for hours worked by any officer who performs services under the terms of this
Agreement.
E. 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 to attend such court proceeding.
F. 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.
5) Responsibility of the County
The County will reimburse the Contractor for law enforcement services as provided for herein at
the rate of $82.50 per hour for on-water enforcement activity, 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 hourly rate for law enforcement services rendered pursuant to this
Agreement will be annually increased on October 1st of each year in accordance with the
Revised Consumer Price Index for Urban Wage Earners and Clerical Workers, but in no event
more than 3% annually. The County will reimburse the Contractor on a monthly basis at the rate
provided herein, provided that a proper invoice detailing such services is received and approved
by the County. In no event shall the total amount paid to the Contractor by the County exceed a
total amount set annually by the County by October 1st of each year.
6) Effective Date and Term of the Agreement
This Agreement shall take effect November 15`h, 2008 and shall terminate on April 30t", 2011,
unless such time has been extended by the County.
7) Authorized Representative
A. The County's authorized representative is Richard E. Walesky, Director,
Department of Environmental Resources Management, (561) 233-2400, West Palm Beach,
Florida, or his designee.
B. The Contractor's authorized representative is Michael R. Couzzo, Jr., Village
Manager, (561) 575-6200, 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 parry. Nothing in this Agreement shall be
interpreted to establish any relationship other than that of independent contractor between the
parties and their respective employees, agents, subcontractors, or assigns during or after the
performance of this Agreement. No person employed by any party to this Agreement shall, in
connection with the performance of this Agreement or any services or functions contemplated
hereunder, at any time, be considered the employee of the other party, nor shall an employee
claim any right in or entitlement to any pension, worker's compensation benefit, unemployment
compensation, civil service, or other employee rights or privileges granted by operation of law or
otherwise, except through and against the entity by whom they are employed.
B. All employees and agents of the Contractor who perform any act or service under
the terms of this Agreement shall at all times be considered employees of the Contractor and not
of the County. The Contractor will be responsible for supervising, disciplining, and setting
policies pertaining to terms and conditions of employment for those employees performing
Services as provided herein.
9) Payment
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 Deparhnent 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 maybe delayed.
10) Compliance with Codes and Laws
Each party agrees to abide by all applicable laws, orders, rules, and regulations in the
performance of this Agreement.
11) Access to Records and Audits
The parties shall maintain, in accordance with generally accepted governmental auditing
standards, all financial and non-financial records and reports directly or indirectly related to the
negotiation or performance of this Agreement including supporting documentation. The parties
shall have the right to examine in accordance with generally accepted governmental auditing
standards all records directly or indirectly related to this Agreement. Such examination may be
made only upon reasonable notice, time and place. In the event that the parties should become
involved in a legal dispute with a third party arising from performance under this Agreement, the
parties shall extend the period of maintenance for all records relating to the Agreement until the
final disposition of the legal dispute, and all such records shall be made readily available to the
parties.
12) Funding
This Agreement is expressly contingent upon annual appropriations by the Palm Beach County
Board of County Commissioners.
13) Notice
Any notice required or permitted to be given under this Agreement shall be in writing and shall
be hand delivered, faxed, or mailed (by certified mail, return receipt requested) to the respective
addresses/recipients specified below:
As to the Contractor:
The Villa e of Tequesta
Address: 345 Tequesta Drive
City, State, Zip: Tequesta, Fl. 33469
Fax: 561 575-6218
As to County:
Palm Beach County
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
Parh'•
14) Default, Termination, Opportunity to Cure
A. The parties expressly covenant and agree that in the event either parry is in default
of its obligations under this Agreement, the party not in default shall provide to the defaulting
party thirty (30) 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 sixty (60)
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
Each party shall be liable for its own actions and negligence, and to the extent permitted by law,
the County shall indemnify, defend, and hold harmless the Contractor against any actions,
claims, or damages arising out of the County's negligence in connection with this Agreement,
and the Contractor shall indemnify, defend, and hold harmless the County against any actions,
claims, or damages arising out of the Contractor's negligence in connection with this Agreement.
The foregoing indemnif cation shall not constitute a waiver of sovereign immunity beyond the
limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute
agreement by either party to be responsible for such other party's negligent, willful or intentional
acts or omissions.
17)Insurance
A. Each party warrants and represents that it is self-insured for General Liability,
Watercraft 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. In the event a Party maintains third-
party Commercial General Liability, Watercraft Liability, and Business Auto Liability in lieu of
exclusive reliance on self-insurance under Section 768.28, Florida Statutes, that party shall agree
to maintain said insurance policies at limits not less than $500,000 combined single limit for
bodily injury or property damage. The parties agree to maintain or to be self-insured for
Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute
440.
B. The parties further agree that nothing contained herein shall be construed or
interpreted as: (1) denying to any party any remedy or defense available to such party under the
laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to
be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver
provided in Section 768.28, Florida Statutes.
C. When requested, each party shall provide any other party with an affidavit or
Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status,
which all parties agree to recognize as acceptable for the above mentioned coverages.
Compliance with the foregoing requirements shall not relieve any party 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,
national origin, disability, religion, ancestry, age, marital status, or sexual orientation be
excluded from the benefits of, or be subjected to any form of discrimination under any activity
carried out by the performance of the Agreement.
26) Construction
This Agreement shall not, solely as a matter of judicial construction, be constructed more
severely against one of the parties than the other.
27) Modification and Amendment
Except as expressly permitted herein to the contrary, no modification, amendment, or alteration
in the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formalities used to execute this Agreement.
28) Entirety of Agreement
This Agreement represents the entire understanding between the parties, and supersedes all other
negotiations, representations, or agreement, either written or oral, relating to this Agreement.
29) 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 December 18th, 2007 in
Resolution R2007-2277.
The remainder of this page is intentionally left blank.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
Signed in the presence of witnesses:
PALM BEACH COUNTY, FLORIDA:
APPROVED AS TO TERMS
AN ONDITIONS:
ichard E. Walesky, Director
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
~~
County Attorney
WITNESS:
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Signature -
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Print Name
VILLAGE OF TEQUESTA
By: ~~ - ~,- ~,
Michael R. Co zo, J . it e Manager
Date: ~~- ~
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
VILLAGE OF TEQUESTA
"~ ~/
Trela White, Village Attorney
Attest By:
Lori McWilliams, Village
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Palm Beach County Manatee Protection Plan- Law Enforcement Interlocal Agreement Criteria
On June 20`x', 2006, the Palm Beach County (PBC) Board of County Commissioners (BCC') adopted a resolution (8-2006-
1184) to approve the PBC Manatee Protection Plan (MPP). "I'he MPP is intended to serve as a resource and planning tool
for agencies involved in manatee conservation issues and provide guidance for review of permits for proposed boat
facilities. Zones are established based on potential impacts to manatees and other criteria that determine the amount of
new slips that can be constructed on properties. To offset and mitigate for impacts associated with the new boat slips, the
MPP provides funding and methods for improving public education, enforcing existing boat speed zones, and restoring
habitat. The BCC has committed $1,000,000 per year for the implementation of the MPP, contingent upon available
funding. Approximately $200,000/year of this money will be administered in the form of reimbursement by Palm Beach
County Department ofEnvironmental Resources Management (ERM), and provided to local enforcement agencies for
manatee protection.
QUALIFIED APPLICANTS: All law enforcement agencies with dedicated law enforcement officers (marine deputies)
and vessels within the County, including municipalities and State, committed to patrolling and enforcing State Statutes,
County Ordinances, and Administrative Codes related to manatee protection and marine resources protection.
CRITERIA FOR REIMBURSMENT:
• Provide equipment to include a vessel for marine deputies to complete his/her mission as outlined in the
agreement.
• Act as a liaison and education resource to other local and state law enforcement agencies, and members of the
public for the enforcement and prevention of marine resource protection with emphasis on manatees.
• All moneys expended shall be for services on the water and solely used to further the goals and objectives of the
MMP and manatee conservation and protection.
• All moneys expended shall be for increasing the current level of hours and patrol responsibilities for marine units
beyond the regular duties and the core level of service.
• Provide evidence and measurable results in the form of warnings, citations, and public contact. Monthly reports
shall include a summary of activities and invoices.
CONTRACT PROCEDURE AND SCHEDULE:
• Contracts shall be executed between June and August of each calendar year, unless amulti-year contract is
developed and executed by the County with the respective law enforcement agency and/or municipality.
• The reimbursement amount shall he set annually by the County by October 1`' of each year.
• The total amount paid to each law enforcement agency/municipality by the County shall not exceed the. total
amount set annually by the County by October I'' of each year.
• After October is`, qualified law enforcement agency/municipality shall be notified of the reimbursement
available for the upcoming manatee season, which begins November 15"', and ends the following 1-larch 31".
• A performance evaluation of each law enforcement agency !municipality will he conducted after January 15"' for
potential reallocation of available funds.
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August 6, 2008
Department of Environmental
Resources Management
2300 North Jog Road, 4th Floor Mr. Michael R. Couzzo, Jr., Village Manager
West Palm Beach, FL 33411-2743 Village of Tequesta
(561) 233-2400 345 Tequesta Drive
FAX: (561) 233-2414 Tequesta, FL 33469
www. co .palm-b a ac h. fl. usler m
Dear Mr. Couzzo:
~ SUBJECT: LAW ENFORCEMENT CONTRACT
I
The Palm Beach County Manatee Protection Plan (MPP) approved by the Board on
Palm Beach County August 21, 2007, provides funding for additional on-water law enforcement in the
Board of County County's waterways
Commissioners .
Addie L. Greene, Chairperson ~ I am pleased to announce that the Tequesta Police Department will be eligible to be
Jere Koons, vice chair ~ reimbursed for this effort. The County will set the reimbursement amount by
October 1~` of each year. You will be notified after this date of the reimbursement
Karen T. Marcus amount available for the manatee season which begins November 15, 2008, and
Robert J. Kanjian ends the following March 31, 2009.
Mary McCarty
Please note that the total amount paid to your Police Department by the County
Burt Aaronson shall not exceed the total amount set annually by the County by October 1~` of each
Jess R. Santamaria Ye~'•
Included with this letter, you will find a copy of the executed Law Enforcement
contract, and a copy of the Law Enforcement Interlocal Agreement Criteria for this
County Administrator program.
Robert Weisman ! Thank you for your commitment and dedication to protect the manatees. If you
have questions, please call Ms. Alessandra Medri at 233-2512 or me at 233-2400.
Since y,
Richard E. Walesky, Director
Environmental Resources Management
REW : AM: dab
''" E9"°/ °pf'°"unity Enclosure
Affirmative Action Emp/oyer"
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October 19, 2009
DcparhncntotE,nironmcntal j
Rccources i~9anagement
33iiU North.lon Road.4i° Floor
\~~,, raln, fteacn, FF 33ai ~ ,~t, I Mr. Michael R. Couzzo, Jr., Village Manager
,;h„ ~3~ ~~1,,, ~ Village of Tequesta
F~.a~:~~~~,':~-3ala ~ 345 Tequesta Drive
www.l,bcgov.org~er», ~ Tequesta, FL 33469
• ~ Dear Mr. Couzzo:
i
SUBJECT: LAW ENFORCEMENT CONTRACT
Palm [3cach ('ounh
F3oard of Cbuntc
C'omnussioncrs ~ The Palm Beach County Manatee Protection Plan (MPP) approved by the
Board on August 21, 2007, provides two-hundred thousand dollars
Jefl'hirons, ('haim,an
($200,000) of funding for additional on-water law enforcement in the
amt Aaranso», Vice ('hainnan COUnty's waterways.
Iharen T. Marc u.
I am pleased to announce that the Tequesta Police Department will be
Shelley Vann
awarded up to twenty-thousand dollars ($20,000) for this effort for law
~'e`e» L. `~1"a"" enforcement services to be completed between November 15, 2009
!~'~~ re. ~a111"'°"~ j through March 31, 2010 at the rate of $85.00 per hour.
i'~i;~illu 1 ~.b~r ~
i
I Thank you for your commitment and dedication to protect the Manatees. If
you have questions, please call me at 233-2400 or Ms. Alessandra Medri at
~ ,~,,,,,. a~~nunistr:,t,» ~ 233-2512.
!t~,heii `,brsm,m
Sincerely,
~1
Richard E. Walesky, Director
Environmental Resources Management ~ ~~ f s ~ '~
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