File #: 22-1285    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 8/18/2022 In control: City Commission
On agenda: 9/19/2022 Final action:
Title: RESOLUTION 151-22 APPROVING INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN CITY OF DELRAY BEACH AND PALM BEACH COUNTY FOR PARTICIPATION IN THE MANATEE PROGRAM
Sponsors: Police Department
Attachments: 1. Agenda Cover Report, 2. Res 151-22 - Florida Fish and Wildlife Conservation Commission Interlocal Agreement_lw, 3. 2022 Law Enforcement Agreement (Delray Beach) Final - Manatee Program, 4. Legal Review Checklist_Manatee LE Interlocal lw
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TO:                                          Mayor and Commissioners

FROM:                     Chief Russ Mager, Police Department

THROUGH:                     Terrence R. Moore, ICMA-CM

DATE:                     September 19, 2022

 

Title

RESOLUTION 151-22 APPROVING INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN CITY OF DELRAY BEACH AND PALM BEACH COUNTY FOR PARTICIPATION IN THE MANATEE PROGRAM

 

Body

Recommended Action:

Recommendation

Motion to approve Resolution 151-22 approving Interlocal Agreement for Law Enforcement Services between City of Delray Beach and Palm Beach County for participation in the Manatee program.

 

Body

Background:

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. 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. 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. On August 21, 2007, the Board of County Commissioners approved a Manatee Protection Plan that provides for increased law enforcement presence in the County’s waterways, as one means to provide greater manatee protection. 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. Purpose of this Interlocal 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 County will reimburse the City for these law enforcement services at the rate of $87.50 per hour per officer for on-water enforcement activity and approved court proceedings.

 

City Attorney Review:

Approved as to form and legal sufficiency.

 

Funding Source/Financial Impact:

The County will reimburse the City for the additional marine law enforcement services during manatee season at the rate of $87.50 per officer for on-water enforcement activity and approved court proceedings as outlined in the program requirements/Interlocal Agreement.

 

Timing of Request:

The Interlocal Agreement needs to be executed prior to the start of the manatee season, with sufficient time for the County to approve the Interlocal Agreement after City's approval.