R07-114
II
1 RESOLUTION NO. 07--.Ll!:I
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AUTHORIZING
5 THE CITY MANAGER TO EXECUTE AN INTERLOCAL
6 AGREEMENT BETWEEN THE CITY OF BOYNTON
7 BEACH AND THE TOWN OF BRINY BREEZES
8 PROVIDING FOR DAILY POLICE SERVICES TO THE
9 TOWN OF BRINY BREEZES THROUGH THE CITY OF
10 BOYNTON BEACH'S POLICE DEPARTMENT; AND
11 PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, Section 166.0495, Florida Statutes, authorizes a municipality to enter into an
14 Interlocal Agreement with an adjoining municipality within the same county to provide law
15 enforcement services within the territorial boundaries of the adjoining municipality; and
16 WHEREAS, the Town of Briny Breezes (the "Town") is desirous of entering into a three
17 (3) year agreement with the City of Boynton Beach (the "City") for professional police service
18 and protection for the Town's citizens and visitors effective October 1,2007 through September
19 30, 2010; and
20 WHEREAS, the City's Police Department has analyzed the operational and
21 administrative impact of this relationship and is able to effectively provide the desired level of
22 police service and protection to the Town's citizens and visitors and will use revenue generated
23 from this Agreement to fund any necessary additional personnel and other necessary resources to
24 ensure adequate police coverage to the Town as well as complement services offered to the
25 Citizens of Boynton Beach;
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
27 CITY OF BOYNTON BEACH, FLORIDA:
28
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
1
:leA IRESOlAgreementsllnterlocalsllLA Briny Breezes Police Services. doc
II
1 being true and correct and are hereby made a specific part of this Resolution upon adoption
2 hereof.
3
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
4 authorizes the City Manager to execute an Interlocal Agreement between the City of Boynton
5 Beach and the Town of Briny Breezes providing for daily police services to the Town of Briny
6 Breezes utilizing the City of Boynton Beach's Police Department.
7 Section 3. This Resolution shall become effective upon adoption.
8 PASSED AND ADOPTED the ~ day of SepTember ,2007.
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25 ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA
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R01-II..J
INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON BEACH
AND
TOWN OF BRINY BREEZES
FOR POLICE SERVICES
THIS AGREEMENT, by and between the CITY OF BOYNTON BEACH, a municipal
corporation organized as existing under the laws of the State of Florida (hereinafter referred to as
"CITY") and the TOWN OF BRINY BREEZES, a municipal corporation organized as existing
under the1aws of the State of Florida, (hereinafter referred to as "TOWN"),
WITNESSETH:
WHEREAS, Chapter 163, Florida Statutes, authorizes local governments to enter into
Interlocal Agreements for the benefit of the citizens of each local government; and
WHEREAS, Section 166.0495, Florida Statutes, authorizes a municipality to enter into
an Interlocal Agreement with an adjoining municipality within the same county to provide law
enforcement services within the territorial boundaries of the adjoining municipality; and
WHEREAS, the TOWN is desirous of maintaining a high level of competent
professional police service and protection for its citizens and visitors; and
WIJEREAS, the TOWN is desirous of providing its daily police service through a
contractual'l1elationship with the CITY; and
WHIlREAS, tp.e CITY has agreed to render to the TOWN the police services by and
through the CITY OF BOYNTON BEACH POLICE DEPARTMENT based upon the terms and
conditions hereinafter set forth; and
WHEREAS, the TOWN's boundaries that are the subject of this Agreement is as
described in Exhibit "A"; and
NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth and
for other good and valuable considerations, the receipt and legal sufficiency of which are hereby
acknowledged, it is hereby agreed as follows:
ARTICLE I
RECITALS
1.1 That the recitations set forth above in the "WHEREAS" clauses of this Agreement
are true and correct and incorporated herein by this reference.
ARTICLE II
OFFICIAL APPOINTMENT
2.1 Town MarshaL Pursuant to the Charter and Ordinances of the TOWN, the
Chief of Police of the CITY is hereby appointed as, and declared the "Town Marshal" of the
TOWN. .
EXHIBIT "A" TO TOWN OF BRINY BREEZES ORD. 1105 - 07
2.2 Deputy Town Marshals. All other sworn law enforcement officers of the of
the CITY's Police Department are hereby appointed as, and declared to be, "Deputy Town
Marshals" of the TOWN.
2.3 Oath of Office. Prior to commencement of their duties under this
Agreement, all such appointees and designees shall take oath as sworn law officers for the
TOWN. The Town Clerk is hereby authorized and directed to administer such oath of office.
ARTICLE III
POLICE SERVICES
3.1 CITY shall provide to TOWN for the term set forth herein, as the same may be
extended in accordance with the provisions hereof, competent professional police protection and
services by the CITY's Police Department within and throughout the corporate limits of TOWN
to the extent and in the manner hereinafter described.
3.2 The CITY, through its police department will provide police services twenty-four
(24) hours per day, three hundred sixty-five (365) days per year, within the limits of the TOWN
throughout the term of this Agreement in substantially the same manner and form as that
provided by the CITY for its own citizens.
3.3 The parties recognize that a law enforcement agency requires flexibility in order
to meet society's challenge to combat crime and other social conditions. Therefore, the Town
Marshall or designee, in consultation with the Town Council, shall have the discretion to
determine patrol staffing levels and assignments for the TOWN to provide adequate police
services to the TOWN consistent with the spirit and intent of this Agreement.
3.4 Deputy Town Marshals assigned functions within the TOWN will be scheduled at
the discretion of the Town Marshal in consultation with the Town Council in order to achieve
maximum effectiveness.
3.5 The CITY will provide the same level of service to the Town relative to crime
prevention, crime suppression, and all other services it provides its own citizens.
3.6 In addition to the above, the CITY will provide an "on-site" officer ("Deputy
Town Marshal") who will remain within the corporate limits of the TOWN each day of the year
between the hours of 6:00 p.m. (1800 hours) and 2:00 a.m. (0200 hours). This officer will
provide dedicated crime prevention patrol to the TOWN and respond to requests for police
services from TOWN's residents. The hours of deployment may be changed by mutual
agreement of the parties; however, the on-site office shift will not exceed eight (8) hours in
duration.
3.7 The CITY will ensure that the patrol force cooperates fully with the TOWN's
Code Enforcement and Parking Enforcement personnel, working mutually to enforce the
TOWN's Ordinances.
3.8 Except as otherwise specifically set forth, such professional police
services shall encompass all those duties and functions of the type coming within the jurisdiction
of and customarily rendered by municipal police departments. Nothing herein is intended to
usurp the authority of the CITY Police Department's policies and procedures and any Collective
Page 2 of 10
Bargaining Agreement governing the CITY's Police Department. In addition, nothing herein is
intended to usurp the authority ofthe TOWN, its policies, procedures and Charter.
ARTICLE IV
SERVICE AREA
4.1 The service area that is the subject of this Agreement shall include the area within
the TOWN's current municipal, legal boundaries as described in Exhibit "A." In the event the
TOWN annexes additional geographic areas, the CITY and the TOWN will renegotiate the
consideration and any other terms and conditions of this Agreement impacted by the annexation.
ARTICLE V
MAINTENANCE OF ABILITY
5.1 The CITY shall furnish to and maintain for the benefit of the TOWN, without
additional cost therefor, except as provided herein, all necessary labor, supervision, equipment,
vehicles, communication facilities and supplies necessary and proper for the purpose of
performing the services, duties and responsibilities set forth and contemplated herein and as
necessary to maintain the level of service to be rendered hereunder.
ARTICLE VI
ADDITIONAL SERVICES
6.1 The CITY shall provide to the TOWN, upon the request of the Town Council and
the availability of resources, such additional services as may from time to time be needed at the
discretion of the TOWN.
6.2 The cost of such services shall be borne by the TOWN and shall be payable in
such amounts and in such a manner as may be determined by mutual agreement by the parties,
upon each occurrence.
ARTICLE VII
TERM
7.1 This Service Agreement shall have a term of three (3) years commencing on the
October 1,2007, at 12:01 A.M., and terminating on September 30, 2010, at midnight.
ARTICLE VIII
OPTION TO RENEW
8.1 This Agreement may be twice renewed, each renewal for an additional three (3)
year term upon mutual agreement of the parties. The TOWN agrees to furnish the CITY notice
of its desire to renew this Agreement no less than ninety (90) calendar days prior to the
expiration of this Agreement.
Page 3 of 10
ARTICLE IX
TERMINATION
9.1 The CITY does hereby acknowledge that TOWN is making this Agreement in
reliance upon the CITY's fulfillment of the obligations herein imposed for the full term
contemplated herein. Accordingly, TOWN does hereby acknowledge that the CITY shall have
the right of termination for cause attributed to a material breach during the initial term hereof
and/or during any renewal or extension term hereof.
9.2 Either party may terminate this Agreement upon a minimum of sixty (60) days
written notice to the other party, such termination to be effective at the end of the first complete
fiscal year (September 30) after receipt of written notice to terminate this Agreement.
9.3 In the event that the TOWN should cease to be a municipal corporation of the
State of Florida by reason of its dissolution or abolishment, or by its merger or consolidation
with the County of Palm Beach or another municipal corporation within said county, then in such
event this agreement shall thereupon terminate and cease to be in effect. Any indebtedness
payable hereunder by the TOWN to the CITY shall be equitable pro rated up to and including the
date of said termination.
ARTICLE X
CONSIDERATION
10.1 In consideration for CITY providing the services as set forth herein, during the first
(1 st) year of this Agreement commencing on October 1, 2007, the TOWN shall pay to the CITY,
for the period from the commencement date through September 30, 2008, One Hundred Ninety-
Five Thousand and 00/1 00 dollars ($195,000.00)("Annual Fee"), payable in twelve (12) equal
monthly installments beginning October 1, 2007 and on or before the 15th of each succeeding
month throughout the term of this Agreement.
10.2 The parties agree to negotiate in good faith an adjustment to the Annual Fee
which may be necessary to offset any increased costs incurred by the CITY in providing the
services and programs pursuant to this Agreement, due to salary increases for police personnel,
increases in operational expenses, unfunded mandates of the Federal, State, or County
government specifically directed toward the provision of police services, and to address any
unforeseen events or contingencies which may have occurred during the first year of this
Agreement. The CITY shall provide the TOWN with the amount of the adjustment no later that
July 1 of each year thereafter during the term of the Agreement. Any adjustments to the Annual
Fee, pursuant to this subsection shall be effective on October 1 and each year thereafter. The
adjustments contemplated herein, shall be in addition to the annual adjustment set forth below.
10.3 In addition to the adjustments to the Annual Fee provided above, no later than
July 1 and each year thereafter during the term of this Agreement, the Annual Fee payable by the
TOWN to the CITY shall be adjusted effective October 1 st of each succeeding year of this
Agreement. The annual adjusted compensation commencing on October 1 st of each year of this
Agreement shall be determined by incorporating the annual Consumer Price Index (CPI) in
accordance with the Department of Labor - Department of Statistics or an increase of four
percent (4%), which ever is greater.
Page 4 of 10
ARTICLE XI
TRANSITION
11.1 TOWN hereby represents that the TOWN has no legal impediment or restriction
against entering into this Agreement. The TOWN further represents that entering into this
Agreement does not violate the terms and conditions contained in its collective bargaining
agreement or any other agreement.
11.2 As of October I, 2007, the TOWN represents that it has no knowledge of any
current claims, disputes, demands, requests for accommodation, grievances, arbitrations, charges,
complaints or proceedings, (hereinafter referred to as "Claim(s)") and the TOWN has no
knowledge of facts or circumstances that could result in a Claim( s) involving any Employee that
would have a material adverse effect on this Agreement, the CITY, or the TOWN's or CITY's
obligations hereunder, except as otherwise disclosed by addendum to this Agreement.
ARTICLE XII
ADMINISTRA TIONIEMPLOYEE RESPONSIBILITY/RIGHT OF CONTROL
12.1 Except for police protection services as provided for herein, nothing contained in
this Agreement shall be construed to constitute a transfer of municipal powers from one party to
the other. The TOWN Council and CITY Commission shall retain total legislative authority
with regard to their respective municipalities.
12.2 All written rules and regulations, policies and procedures of the CITY's Police
Department shall apply to the TOWN pursuant to this Agreement.
12.3 All law enforcement officers and other persons employed by the CITY in the
performance of such services, functions and responsibilities as described and contemplated
herein for the TOWN shall be and remain the CITY's employees.
12.4 The CITY's Chief of Police shall have and maintain the responsibility for and
control of the rendition of the services, the standards of performance, the discipline of personnel
and other matters incident to the performance of the services, duties and responsibilities as
described and contemplated herein. Said Chief shall have full discretion to employ accepted
techniques, methods and procedures in performing professional police protection within the
TOWN's limits as deemed necessary.
12.5 The parties agree that should the CITY's Police Department receive simultaneous
calls for its services for separate incidents or other public safety problems in both the TOWN and
the CITY, the judgment of the CITY's Chief of Police, or his designee on duty at the time, as to
which call would receive first priority response shall be binding upon the parties hereto and shall
control their actions.
12.6 The TOWN agrees to implement this Agreement through town ordinances
delegating lawful powers and authority vested under this Agreement.
12.7 The TOWN does hereby vest in each sworn officer of the CITY who, from time
to time, may be assigned to the TOWN, to the extent allowed by law, the police powers of the
TOWN which are necessary to implement and carry forth the services, duties, and
Page 5 of 10
responsibilities imposed upon the CITY hereby, for the sole and limited purpose of giving
official and lawful status and validity to the performance thereof by such sworn officers. Every
sworn officer of the CITY so empowered hereby and engaged in the performance of the services,
duties and responsibilities described and contemplated herein shall be deemed to be a sworn
officer of the TOWN while performing such services, duties and responsibilities, which
constitute municipal functions and are within the scope of this Service Agreement. Accordingly,
such sworn officers of the CITY are hereby vested with the power to enforce the ordinances of
the TOWN, to make arrests incident to the enforcement thereof and to do such other things and
perform such other acts as are necessary with respect thereto.
12.8 All suggestions, recommendations and complaints on the service provided
pursuant to this Agreement shall be directed to the attention of the Chief of Police for the CITY
in writing for proper administrative remedy and/or response.
ARTICLE XIII
FINES. FORFEITURES/SEIZURES
13.1 All law enforcement education funds levied and collected by the Clerk of the
Court and earmarked for TOWN pursuant to Section 943.25, Florida Statutes, may be used for
the law enforcement education purposes authorized in said statute within the TOWN.
13.2 The CITY agrees that any currency seized, and subsequently forfeited, within the
TOWN limits, pursuant to this Agreement and Chapter 932 of the Florida Statutes, shall be
deposited into the TOWN's Law Enforcement Trust Fund established by the TOWN in an
amount, which represents the TOWN's share. As such, any property seized, and subsequently
forfeited, within the TOWN limits, pursuant to this Agreement and Chapter 932 of the Florida
Statutes, shall be disposed of in accordance with the provisions of the Florida Statutes. In the
event that this agreement is terminated prior to the disposition of property under Chapter 932 of
the Florida Statutes, said property shall be turned over to the TOWN.
13.3 Upon concurrence of the Town Marshal and the Town Manager, the Town
Marshal may apply to the Town Council for the use of such funds in the TOWN's Law
Enforcement Trust Fund, within the boundaries of the TOWN, if such application is in
compliance with Florida Statutes.
13.4 The parties agree that the decision to dispose of or use personal property seized
and/or forfeited within the TOWN shall be in the sole discretion of the Town Manager or his
designee.
ARTICLE XIV
EMERGENCY PREPAREDNESS
14.1 The Parties acknowledge that the TOWN will be responsible for all emergency
management duties of the TOWN. The CITY by entering into this Agreement assumes no
responsibility for emergency preparedness planning and program implementation for the TOWN.
Page 6 of 10
ARTICLE XV
INSURANCE
15.1 TOWN shall carryall risk liability insurance continually during the term of this
Agreement in an amount acceptable to the CITY. The CITY shall be named as an additional
insured on said policy, which must provide for at least thirty (30) days written notice the CITY
prior to cancellation.
15.2 In rendering services hereunder, the CITY shall carry all necessary and required
policies of insurance in amounts of coverage sufficient to protect its personnel in the event of
injury or death, and its equipment in the even of damage or destruction, and shall provide its
employees with Workers' Compensation Insurance and Law Enforcement Officers Death Benefit
Insurance. The CITY shall also carry all risk liability insurance continually during the term of
this Agreement in an amount acceptable to the TOWN. The TOWN shall be named as an
additional insured on said policy, which must provide for at least thirty (30) days written notice
the TOWN prior to cancellation.
ARTICLE XVI
HOLD HARMLESS
16.1 To the extent permitted by law, TOWN shall indemnify, defend, and hold the
CITY, its officials, agents, servants and employees, harmless from any and all liability, actions,
causes of action, suits, trespasses, damages, judgments, executions, claims and demands of any
kind whatsoever, in law or in equity, which results from or arises out of the intentional or
negligent acts or omissions of the TOWN, its employees, agents, or servants and the TOWN
shall indemnify the CITY, its officials, agents, servants and employees, for damages, judgments,
claims, costs, expenses, including reasonable attorney's fees, which the CITY, its officials,
agents, servants and employees, might suffer in connection with or as a result of the intentional
or negligent acts of the TOWN, its employees, agents, or servants. For purposes of this
provision, TOWN employees shall not be deemed agents or servants of the CITY and CITY
employees shall not be deemed agents or servants of TOWN.
16.2 Notwithstanding anything to the contrary contained herein, the CITY and the
TOWN shall, at all times, be entitled to the benefits of sovereign immunity as provided in
Section 768.28, Florida Statutes, and common law. Nothing contained in this agreement to the
contrary shall be construed as a waiver of sovereign immunity.
16.3 Notwithstanding anything to the contrary contained herein, the terms and
conditions of this Article shall survive the expiration or termination of this Agreement.
ARTICLE XVII
SECTIONS OF CITY CODE OF ORDINANCES APPLICABLE TO TOWN
17.1 The CITY's Code of Ordinances Sections 2.5-8, 2.5-9, 2.5-11, 2.5-12, 2.5-13, as
may be amended from time to time, entitled "Alarm Systems" shall be incorporated herein by
reference in this Agreement. The TOWN acknowledges that the CITY has the authority to
enforce the provisions of its Code of Ordinances as referenced above against the residents and
businesses within the TOWN in the same manner as the CITY enforces its ordinance provisions
against residents and businesses within the CITY. Following execution of this Agreement, the
TOWN shall notify all alarm users within the TOWN of the CITY's ability to collect charges,
Page 7 of 10
the amount of charges due pursuant to the CITY's Code of Ordinances and the CITY's authority
to request payment thereof pursuant to Section 2.5-13 ofthe CITY's Code of Ordinances.
17.2 In the event that resident and/or business within the TOWN files a suit or claim
against the CITY challenging the CITY's authority to collect, impose, or enforce its Alarm
System Ordinance provisions within the TOWN, the TOWN agrees to pay the CITY's
reasonable Attorney's Fees and costs, including paralegal expenses, including at the trial and
appellate levels.
17.3 The CITY agrees to promptly provide the TOWN with copies of all new
legislation, including but not limited to Ordinances, Resolutions, Policies, or Procedures, which
may be enacted by the City that may affect Chapter 2.5 of the CITY's Code of Ordinances
entitled "Alarm Systems."
17.4 The TOWN agrees to implement and enforce this agreement through the
TOWN's enactment of the appropriate ordinances and/or resolutions delegating police powers
and authority to the CITY's Police Department to the extent allowable by Florida State Statutes,
and as discussed in Paragraph 3.7 above.
ARTICLE XVIII
NOTICES
18.1 All notices required hereunder shall be by first class mail, except that any Notice
of Termination shall be mailed via U.S. Mail, return receipt requested and any notice required
hereunder shall be addressed to the party intended to receive same at the following addresses:
TOWN:
Mayor
Town of Briny Breezes
5000 North Ocean Boulevard
Briny Breezes, FL 33435
CITY:
City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Chief of Police
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
and
City Attorney's Office
3099 E. Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
Page 8 of 10
ARTICLE XIX
NON-ASSIGNABILITY
19.1 The CITY shall not assign any of the obligations or benefits imposed hereby or
contained herein, unless upon the written consent of the Town Council of the TOWN, which
consent must be evidenced by a duly passed Resolution.
ARTICLE XX
ENTIRE AGREEMENT: AMENDMENT
20.1 The parties acknowledge one to the other, that the terms hereof constitute the
entire understanding and agreement of the parties with respect hereof. No modification hereof
shall be effective unless in writing, executed with the same formalities as this Agreement is
executed.
ARTICLE XXI
BINDING EFFECT
21.1 This Agreement shall inure to the benefit of and be binding upon the respective
parties'successors.
ARTICLE XXII
MISCELLANEOUS
22.1 Interpretation/Venue: This Agreement is made under, and in all respects shall be
interpreted, construed, and governed by and in accordance with, the laws of the State of Florida.
Venue for any legal action resulting from this Agreement shall lie in the Palm Beach County,
Florida.
22.2 Captions: The captions utilized in this Agreement are for purposes of
identification only and do not control or affect the meaning or construction of any of the
provisions hereof.
22.3 Waiver: The failure of any party hereto at any time to enforce any of the
provisions of this Agreement will in no way constitute or be construed as a waiver of such
provision or of any other provision hereof, nor in any way affect the validity of, or the right
thereafter to enforce, each and every provision of this Agreement.
22.4 Severability: The invalidity or unenforceability of any particular provision of this
Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in
all respects as if such invalid or unenforceable provisions were omitted.
22.5 Dispute Resolution: Upon the occurrence of any dispute or disagreement between
the parties hereto arising out of or in connection with any term or provision of this Agreement,
the subject matter hereof, or the interpretation or enforcement hereof (the "Dispute"), both
Parties shall engage in informal, good faith discussions and attempt to resolve the Dispute. In
connection therewith, upon written notice of either party, each of the parties will appoint a
designated officer whose task it shall be to meet for the purpose of attempting to resolve such
Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably
necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute
Page 9 of 10
in accordance with this Section, and in the event that either of the parties concludes in good faith
that amicable resolution through continued negotiation with respect to the Dispute is not
reasonably likely, then the parties may mutually proceed in conformance Chapter 163, Florida
Statutes.
22.6 Exhibits: Each Exhibit referred to in this Agreement forms an essential part of this
Agreement. The exhibits if not physically attached should be treated as part of this Agreement and
are incorporated herein by reference.
IN WITNESS WHEREOF, the parties hereto execute this instrument on the date(s) set
forth below:
ATTEST:
ATTEST:
By: ~~ ~OC~
Approved as to legal sufficiency and form:
CITY OF BOYNTON BEACH, FLORIDA
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City Manager
By:
TOWN OF BRINY BREEZES, FLORIDA
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Page 10 of 10
the amount of charges due pursuant to the CITY's Code of Ordinances and the CITY's authority
to request payment thereof pursuant to Section 2.5-13 of the CITY's Code of Ordinances.
17.2 In the event that resident and/or business within the TOWN files a suit or claim
against the CITY challenging the CITY's authority to collect, impose, or enforce its Alarm
System Ordinance provisions within the TOWN, the TOWN agrees to pay the CITY's
reasonable Attorney's Fees and costs, including paralegal expenses, including at the trial and
appellate levels.
17.3 The CITY agrees to promptly provide the TOWN with copies of all new
legislation, including but not limited to Ordinances, Resolutions, Policies, or Procedures, which
may be enacted by the City that may affect Chapter 2.5 of the CITY's Code of Ordinances
entitled "Alarm Systems."
17.4 The TOWN agrees to implement and enforce this agreement through the
TOWN's enactment of the appropriate ordinances and/or resolutions delegating police powers
and authority to the CITY's Police Department to the extent allowable by Florida State Statutes,
and as discussed in Paragraph 3.7 above.
ARTICLE XVIII
NOTICES
18.1 All notices required hereunder shall be by first class mail, except that any Notice
of Termination shall be mailed via U.S. Mail, return receipt requested and any notice required
hereunder shall be addressed to the party intended to receive same at the following addresses:
TOWN:
Mayor
Town of Briny Breezes
5000 North Ocean Boulevard
Briny Breezes, FL 33435
CITY:
City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Chief of Police
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
and
City Attorney's Office
3099 E. Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
Page 8 of 10
ARTICLE XIX
NON-ASSIGNABILITY
19.1 The CITY shall not assign any of the obligations or benefits imposed hereby or
contained herein, unless upon the written consent of the Town Council of the TOWN, which
consent must be evidenced by a duly passed Resolution.
ARTICLE XX
ENTIRE AGREEMENT: AMENDMENT
20.1 The parties acknowledge one to the other, that the terms hereof constitute the
entire understanding and agreement of the parties with respect hereof. No modification hereof
shall be effective unless in writing, executed with the same formalities as this Agreement is
executed.
ARTICLE XXI
BINDING EFFECT
21.1 This Agreement shall inure to the benefit of and be binding upon the respective
parties' successors.
ARTICLE XXII
MISCELLANEOUS
22.1 Interpretation/V enue: This Agreement is made under, and in all respects shall be
interpreted, construed, and governed by and in accordance with, the laws of the State of Florida.
Venue for any legal action resulting from this Agreement shall lie in the Palm Beach County,
Florida.
22.2 Captions: The captions utilized in this Agreement are for purposes of
identification only and do not control or affect the meaning or construction of any of the
provisions hereof.
22.3 Waiver: The failure of any party hereto at any time to enforce any of the
provisions of this Agreement will in no way constitute or be construed as a waiver of such
provision or of any other provision hereof, nor in any way affect the validity of, or the right
thereafter to enforce, each and every provision of this Agreement.
22.4 Severability: The invalidity or unenforceability of any particular provision of this
Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in
all respects as if such invalid or unenforceable provisions were omitted.
22.5 Dispute Resolution: Upon the occurrence of any dispute or disagreement between
the parties hereto arising out of or in connection with any term or provision of this Agreement,
the subject matter hereof, or the interpretation or enforcement hereof (the "Dispute"), both
Parties shall engage in informal, good faith discussions and attempt to resolve the Dispute. In
connection therewith, upon written notice of either party, each of the parties will appoint a
designated officer whose task it shall be to meet for the purpose of attempting to resolve such
Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably
necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute
Page 9 of 10
in accordance with this Section, and in the event that either of the parties concludes in good faith
that amicable resolution through continued negotiation with respect to the Dispute is not
reasonably likely, then the parties may mutually proceed in conformance Chapter l63, Florida
Statutes.
22.6 Exhibits: Each Exhibit referred to in this Agreement forms an essential part of this
Agreement. The exhibits if not physically attached should be treated as part of this Agreement and
are incorporated herein by reference.
IN WITNESS WHEREOF, the parties hereto execute this instrument on the date(s) set
forth below:
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
By: CitY~
::P~~dfO::
~. Ity Attorney
ATTEST:
TOWN OF BRINY BREEZES, FLORIDA
By:
By:
Town Mayor
Town Clerk
Approved as to legal sufficiency and form:
By:
Town Attorney
JVAJ
Rev. 9/13/07
H:\l 990\9001 82.BB\AGMT\ILA W. Briny Breezes {Police).doc
Page 10 oflO
11111111111111111111111
ORDINANCE NO.
05-07
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WHEREAS, The Town of Briny Breezes deems it necessary and advisable to enter into ~.1
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an lnterlocal Agreement with the City of Boynton Beach, Florida, to receive Police Protection Services u,
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within the Briny Breezes Town limits from the Police Department of the City of Boynton Beach; and,
AN ORDINANCE OF THE TOWN OF BRINY BREEZES, FLORIDA,
ACCEPTING AND APPROVING AN INTERLOCAL AGREEMENT,
WITH THE CITY OF BOYNTON BEACH, FLORIDA, FOR THE
BOYNTON BEACH POLICE DEPARTMENT TO PROVIDE POLICE
PROTECTION WITHIN THE TOWN LIMITS OF BRINY BREEZES;
AUTHORIZING THE DELEGATION OF LAWFUL POLICE POWER
TO THE POLICE CHIEF AND SWORN LAW ENFORCEMENT
OFFICERS OF THE BOYNTON BEACH POLICE DEPARTMENT TO
BE EXERCISED WITHIN THE TOWN LIMITS OF BRINY
BREEZES; APPOINTING THE BOYNTON BEACH CHIEF OF
POLICE AS THE TOWN MARSHAL OF BRINY BREEZES;
APPOINTING THE OTHER SWORN LAW ENFORCEMENT
OFFICERS OF THE BOYNTON BEACH POLICE DEPARTMENT AS
DEPUTY TOWN MARSHALS OF BRINY BREEZES; DIRECTING
THE TOWN CLERK TO ADMINISTER OA THS OF OFFICE;
PROVIDING FOR TOE FILING OF THIS ORDINANCE AND
INTERLOCAL AGREEMENT WITH THE CLERK OF THE CIRCUIT
COURT OF PALM BEACH COUNTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING
FOR A PENALTY; PROVIDING FOR REPEAL; AND PROVIDING
FOR AN EFFECTIVE DATE.
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WHEREAS, The Town of Briny Breezes further deems it necessary and advisable to adopt the ~
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this Interloca1 Agreement by Town Ordinance to establish the lawful authority for the Police Chief and ~:j.
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the other sworn law enforcement officers of the Boynton Beach Police Department necessary to empower !,j
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them to provide effective Police Protection Services within the Briny Breezes Town limits; -g'
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NOW THEREFORE,
BE IT ORDAINED BY THE MAYOR AND ALDERMEN
OF THE TOWN OF BRINY BREEZES, FLORIDA:
Section 1. The Town of Briny Breezes hereby finds that the facts contained in the preamble
hereof are true and correct and are incorporated herein by reference as legislative findings of fact.
Section 2. The Town of Briny Breezes hereby accepts and approves an Interlocal Agreement with
the City of Boynton Beach, Florida for the Boynton Beach Police Department to provide Police
Protection Services within the Town limits of Briny Breezes. A copy of said Interloca1 Agreement is
attached hereto marked Exhibit "A", and made a part hereof
Section 3_ The Town of Briny Breezes hereby authorizes the delegation of lawful police power to
the Police Chief and the sworn law enforcement officers of the Boynton Beach Police Department and
empowers them to provide police protection to the citizens, residents and members of the public within
Section 4. The Town of Briny Breezes hereby appoints the Ocean Ridge Police Chief as the
Town Marshal of the Town of Briny Breezes.
Section 5. The Town of Briny Breezes hereby appoints the other sworn law enforcement officers
of the Ocean Ridge Police Department as Deputy Town Marshals of the Town of Briny Breezes.
Section 6. The Town Clerk is hereby directed to administer the oath of office of Town Marshal to
the Director of the Ocean Ridge Police Department, and the oaths of office of Deputy Town Marshals to
the other sworn law enforcement officers of the Ocean Ridge Police Department.
Section 7. This Ordinance and Interlocal Agreement, and its subsequent amendments shall be
filed with the Clerk of the Circuit Court of Palm Beach County, prior to its effectiveness.
Section 8. The Town Clerk is hereby authorized to attest to said agreement, to affix the Town
Seal, and to serve a certified copy hereof upon the Town of Ocean Ridge, Florida.
Section 9. Upon execution of the aforesaid Interlocal Agreement by the Town of Ocean Ridge,
the same shall be and become the Interlocal Agreement between the parties for the purposes provided
therein.
Section 10. Severability. If any section, sub-section, sentence, clause phrase or portion of this
ordinance is for any reasons held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and in independent provision and such holding shall not affect
the validity of the remaining portion thereof, respectively.
Section 11. Codification. Permission to codify this Ordinance is hereby granted and the codifier
may make formal, nonsubstantive changes in the body hereof insofar as it is necessary to do to embody
same into a unified code.
Section 12. Penalty. Any person violating any of the prOVIsIons of this Ordinance upon
conviction thereof, may be sentenced to pay a fine, not to exceed One Hundred ($100.00) Dollars, and
may be sentenced to a definite term of imprisonment, not to exceed thirty (30) days, in a detention facility
as authorized by law, or may be both so fined and imprisoned within the discretion of the Court. Any act,
which is a violation of this ordinance and which by its nature, is continuous, shall be deemed a separate
violation for each day such violation exists.
Section 13. Repeal. All Ordinances and parts of Ordinances in conflict herewith are hereby
repealed.
Section 14. Effective Date. This Ordinance shall take effect immediately upon adoption.
Section 14. Effective Date, This Ordinance shall take effect immediately upon adoption.
PASSED AND ADOPTED by the Town Council of the Town of Briny Breezes, Florida, in
regular session on first reading this 23rd day of August 2007, and for a second and final reading in
regular session on this ;)'1~ay of September, 2007.
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A TrEST:
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NANCY BOCZ
TOWN OF BRINY BREEZES, FLORIDA
P S ENT WARREN BAILEY
~~~ B .
ALDERMAN LA WRENCE ~
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ALDERMAN SHARON
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ALDERMAN DENNIS SMITH
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AN JANET ULL
APPROVED AS TO FORM AND CORRECTNESS:
F. SKRANDEL, Attorney for
OF BRINY BREEZES
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THE LAW OFFICES OF
JEROME F. SKRANDEL, P.A.
JEROME F. SKRANDEL
September 27, 2007
Sharon R. Bock, Clerk and Comptroller
Recording Department
Palm Beach County Courthouse
West Palm Beach, Florida 33401
Re: lnterlocal Agreement between Town of Briny Breezes and City of Boynton Beach
Honorable Clerk of the Circuit Court:
This letter and the attached composite document are presented for filing with the Clerk of the
Circuit Court of Palm Beach County, pursuant to Section 163.01 (11), Florida Statutes.
The Town of Briny Breezes has entered into an lnterlocal Agreement to receive Police Protection
Services from the City of Boynton Beach for a period of three (3) years, commencing October 1,
2007. Both Municipalities located within the jurisdiction of Palm Beach County.
The City of Boynton Beach adopted the Agreement by its Resolution No R07-114 on September
18, 2007. The Town of Briny Breezes adopted the Agreement as Exhibit "A" to its Ordinance
No. 05-07 on September 27,2007.
After filing is completed, please return the instruments to me at my above address, together with
one certified copy thereof with the enclosed stamped envelope.
Jerome F. Skrandel, P.A.
BY: \...
Jero e . Skrandel, Attorney for the Town
of ~ . y Breezes, Florida
JFS:pms
cc: Nancy Boczon, Briny Breezes Town Clerk
Janet M. Prainito, Boynton Beach City Clerk
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300 PROSPERITY FARMS ROAD SUITE D, NORTH PALM BEACH, FLORIDA 33408-5152
PHONE (561) 863-1605 FAX (561) 863JJlflP.:fO S \";'j"~' I'" . ! 'J-'
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E-mail .jfspa@msn.com J\l38 ~WJHA08 30 All:,
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THE LAW OFFICES OF
JEROME F. SKRANDEL, P.A.
JEROME F. SKRANDEL
October 9,2007
Janet M. Prainito, City Clerk
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
Re: Interlocal Agreement for Police Protection Services to
the Town of Briny Breezes, effective October 1, 2007
Dear Ms. Prainito:
Per our recent telephone conversation, I enclose herewith the original Town Ordinance No. 05-07,
the original Interlocal Agreement between the Gtyand the Town for Police Protection Services, and
a copy of Gty Resolution 07-114, all of which have been recorded on October 1, 2007 at Official
Records Book 22151, Page 208-222, Public Records of Palm Beach County, Florida.
If your office should require anything further in regard to the above matter, please advise.
Sincerely,
J era F. Skrandel, P.A.
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,lero F. Skrandel, Attorney for Town ~f
']Jiny Breezes
JFS:
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Nancy Boczom, Town Clerk with certified copy of above recorded documents
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300 PROSPERITY FARMS ROAD SUITE D, NORTH PALM BEACH, FLORIDA 33408-5152
PHONE (561) 863-1605 FAX (561) 863-1606
E-mail jfspa@msn.com
CITY CLERK'S OFFICE
MEMORANDUM
TO:
Matt Immler
Police Chief
FROM:
Janet Prainito
City Clerk
DATE:
October 15, 2007
RE:
R07-114 - Interlocal Agreement with the Town of Briny Breezes
for Police Protective Services
Attached for your information and use are copies of the above-mentioned Resolution
and fully executed Interlocal Agreement. The original agreement is on file in the City
Clerk's Office.
Please do not hesitate to contact me if there are any questions. Thank you.
tr~' Yn. p~
Attachment
c: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2007\Matt Immler - Police Chief - R07-114 - Interlocal Agreement
with Briny Breezes.doc