R24-005 1 RESOLUTION NO. R24-005
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN THE
5 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE
6 CITY OF BOYNTON BEACH AND THE PALM BEACH COUNTY SHERIFF'S
7 OFFICE (PBSO)ALLOCATING $111,000 IN ADDITIONAL FUNDS TO PBSO
8 FROM THE STATE ASSISTANCE FOR FENTANYL ERADICATION (S.A.F.E.)
9 IN FLORIDA PROGRAM TO COVER OPERATIONAL COSTS OF THE
10 INVESTIGATIVE OPERATION;AND PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS, the Florida Department of Law Enforcement (FDLE) established the S.A.F.E.
13 Initiative as a mechanism by which local law enforcement agencies can dedicate resources for
14 the purpose of targeting the following criminal activity, which must have a nexus to fentanyl,
15 including but not limited to racketeering, drug law violations, related criminal violations,
16 firearms violations, and dismantling organized criminal groups engaging in such activity in
17 violation of Florida State Statues that may affect single or multiple jurisdictions; and
18
19 WHEREAS, The S.A.F.E. Program will allow the Police Department to continue focusing
20 efforts on eradicating fentanyl in the city of Boynton Beach; and
21
22 WHEREAS, The City of Boynton Beach was previously allocated $300,000 towards the
23 S.A.F.E. initiative with the ability to request additional funds as the operation progresses; and
24
25 WHEREAS, FDLE has allocated an additional $200,000 towards operational needs
26 allowing the City to allocate additional funds in the amount of$111,000 to PBSO for assistance;
27 and
28
29 WHEREAS, upon recommendation of staff, the City Commission has determined that
30 it is in the best interests of the residents of the City to approve and authorize the City Manager
31 to sign the First Amendment to the Interlocal Agreement between the City of Boynton Beach
32 and the Palm Beach County Sheriff's Office (PBSO) allocating $111,000 in additional funds to
33 PBSO from the State Assistance for Fentanyl Eradication (S.A.F.E.) in Florida Program to cover
34 operational costs of the investigative operation.
35
36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
37 BOYNTON BEACH, FLORIDA, THAT:
38 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
39 being true and correct and are hereby made a specific part of this Resolution upon adoption
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40 hereof.
41
42 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
43 approve and authorize the City Manager to sign the First Amendment to the Interlocal
44 Agreement between the City of Boynton Beach and the Palm Beach County Sheriff's Office
45 (PBSO) allocating $111,000 in additional funds being allocated to PBSO from the State
46 Assistance for Fentanyl Eradication (S.A.F.E.) in Florida Program to cover operational costs of
47 the investigative operation. A copy of the First Amendment is attached hereto and
48 incorporated herein as Exhibit "A."
49
50 Section 3. This Resolution shall become effective immediately upon passage.
51
52 PASSED AND ADOPTED this 16th day of January, 2024.
53
54 CITY OF BOYNTON BEACH, FLORIDA
55 YES NO
56
57 Mayor-Ty Penserga ✓
58
59 Vice Mayor-Thomas Turkin ✓
60
61 Commissioner—Angela Cruz V
62
63 Commissioner—Woodrow L. Hay ✓
64
65 Commissioner—Aimee Kelley
66
67 VOTE 5 "0
68
69 ATTEST:
70
71
72 Tammy Stan lone, CM Ty Pen--ga
73 Deputy City Clerk yN-CONBF• Ma/
74 .........-9"):‘%
� .•PRATE •• �
75 ;t� .•o� �� APPROVED AS TO FORM:
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76 (Corporate Seal) ;_; S0.Ci-V
77 �i v; 7c,OR�20 l/I,�/n/' ,,/
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79 `►\ ••••••••••'W Shawna G. Lamb
80 City Attorney
S:\CC\WP\CCAGENDA\2024\01-16-2024 CC\R24-005 First Amendment to S.A.F.E. Grant 23-24 - Reso 1 .docx
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FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND
PALM BEACH COUNTY SHERIFF'S OFFICE PERTAINING TO THE STATE ASSISTANCE FOR
FENTANYL ERADICATION (S.A.F.E.) IN FLORIDA PROGRAM
This First Amendment ("First Amendment") is between the City of Boynton Beach, a
Florida municipal corporation ("City") and the Palm Beach County Sheriff's Office ("Sheriff")
(each a "Party," and collectively referred to as the "Parties").
RECITALS
A. The Parties entered into an agreement regarding the Parties participation
in the S.A.F.E. in Florida Program, dated September 28, 2023 (the "Agreement").
B. The Agreement provided the City would reimburse Sheriff an amount not
to exceed $110,000 for overtime salaries associated with the FY 23-24 S.A.F.E. Program.
C. The City has received additional funding that can be utilized for the S.A.F.E.
Program, and the Parties desire to amend the Agreement to increase the reimbursement amount
payable to Sheriff to an amount not to exceed $221,000.
Now, therefore,for good and valuable consideration,the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference.
All capitalized terms not expressly defined within this First Amendment shall retain the meaning
ascribed to such terms in the Agreement.
2. Amendments to the Agreement made pursuant to this First Amendment are
indicated herein by use of strikethroughs to indicate deletions and bold/underlining to indicate
additions. Except as modified herein, all remaining terms and conditions of the Agreement shall
remain in full force and effect.
3. Section 4(A) of the Agreement is amended as follows:
4(A) Contingent upon the City's receipt of funds from FDLE, reimburse the Sheriff in an
amount not to exceed $110,000$221,000 for overtime salaries associated with the FY 23-
24 S.A.F.E. Program.
4. In the event of any conflict or ambiguity between this First Amendment and the
Agreement, the Parties agree that this First Amendment shall control. The Agreement, as
amended herein by this First Amendment, incorporates and includes all prior negotiations,
correspondence, conversations, agreements, and understandings applicable to the matters
contained herein, and the Parties agree that there are no commitments, agreements, or
understandings concerning the subject matter hereof that are not contained in the Agreement
First Amendment to S.A.F.E. Interlocal Agreement 1
as amended in this First Amendment. Accordingly, the Parties agree that no deviation from the
terms hereof shall be predicated upon any prior representations or agreements, whether oral or
written.
S. Preparation of this First Amendment has been a joint effort of the Parties and the
resulting document shall not, solely as a matter of judicial construction, be construed more
severely against one of the Parties than any other.
6. The effective date of this First Amendment shall be the date of complete execution
by the Parties.
7. This First Amendment may be executed in counterparts,whether signed physically
or electronically, each of which shall be deemed to be an original, but all of which,taken together,
shall constitute one and the same amendment.
(The remainder of this page is blank.)
First Amendment to S.A.F.E. Interlocal Agreement 2
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: City of
Boynton Beach through its City Commission, signing by and through its City Manager, authorized
to execute same pursuant to City Commission action on January 16,2024,and Palm Beach County
Sheriff's Office, signing by and through the Sheriff of Palm Beach County, duly authorized to
execute same.
CITY OF BOYNTON BEACH, by and through
its City Manager
By: - _`1.
Daniel Dugger, City ana er
24) day of Januar-1 , 2024
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Maylee De e. MMC Ci Clerk O: TED:
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Approved as to form by
Boynton B-:ch City Attorney's Office
B : Afik Ai
,
Stac- • •Wei f ger (Date)
Deputy City Attorney
SRW
First Amendment to S.A.F.E. Interlocal Agreement
12/21/2023
First Amendment to S.A.F.E. Interlocal Agreement 3
FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND
PALM BEACH COUNTY SHERIFF'S OFFICE PERTAINING TO THE STATE ASSISTANCE FOR
FENTANYL ERADICATION (S.A.F.E.) IN FLORIDA PROGRAM
PALM BEACH COUNTY SHERIFF'S OFFICE
By:
Ric L. Bradshaw, Sheriff
day of , 2024
Approved as to form and legal sufficiency
By:
First Amendment to S.A.F.E. Interlocal Agreement 4